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S. 4178: Copyright Clause Restoration Act of 2022


The text of the bill below is as of May 10, 2022 (Introduced).

Summary of this bill

In terms of copyright law, this would be a whole new world.

Context: Disney

In March, the Republican-led Florida legislature and governor enacted a law restricting instruction about LGBTQ topics in schools. Officially titled the Parental Rights in Education Act, the bill was nicknamed ‘Don’t Say Gay’ by critics.

Those critics included The Walt Disney Company. The corporation is Florida’s largest private employer thanks to several Disney-affiliated theme parks, hotels, and other attractions, particularly around the Orlando area. The company officially opposed the law when CEO Bob Chapek announced the opposition at an annual shareholder meeting, albeit after the legislature had already passed it.

Back in …


II

117th CONGRESS

2d Session

S. 4178

IN THE SENATE OF THE UNITED STATES

May 10, 2022

introduced the following bill; which was read twice and referred to the Committee on the Judiciary

A BILL

To address the duration of copyright, and for other purposes.

1.

Short title

This Act may be cited as the Copyright Clause Restoration Act of 2022.

2.

Duration of copyright

(a)

In general

(1)

Original term

Notwithstanding any provision of title 17, United States Code, or any other provision of law, copyright in any work shall endure for 28 years from the date it was originally secured.

(2)

Extension

The holder of a copyright under paragraph (1) shall be entitled to a renewal and extension of the copyright in the applicable work for a further term of 28 years if the holder applies for that renewal and extension during the 1-year period before the expiration of the original term of the copyright under that paragraph.

(b)

Application

(1)

In general

Except as provided in paragraph (2), subsection (a) shall apply with respect to copyright protection for any work fixed on or after the date of enactment of this Act.

(2)

Retroactive effect

(A)

In general

Subject to subparagraph (B), subsection (a) shall apply with respect to a copyright that, on any date on or after May 1, 2022, is owned by a person that—

(i)

has a market capitalization of more than $150,000,000,000; and

(ii)
(I)

is classified under North American Industry Classification System code 5121 or 71; or

(II)

engages in substantial activities for which a code described in subclause (I) could be assigned.

(B)

Licensing

If, as of May 1, 2022, a person is operating under a license with respect to a copyright that is subject to subparagraph (A) and that, because of the application of that subparagraph, would expire during the 10-year period beginning on May 1, 2022, that person shall continue to hold the rights contained in that license (to the exclusion of any person not granted those rights by a license before May 1, 2022) for a period that is the shorter of—

(i)

50 percent of the remaining license term, as of May 1, 2022; or

(ii)

10 years, beginning on May 1, 2022.