S. 2933 – ACCESS to Recordings Act

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Updated April 15, 2026 at 10:00 PM UTC

The ACCESS to Recordings Act updates U.S. copyright law to clarify who owns sound recordings made before Feb. 15, 1972 and to set clear protection terms for those works. It establishes a 95‑year (or 120‑year) copyright term, adds a special extension for recordings from 1923‑1930, and limits damages in infringement cases for a three‑year window. The law also lets the Copyright Office issue new rules for registering and protecting these older recordings.

Key Provisions

Defines the initial owner of a sound recording made before Feb. 15, 1972 as the person who owned the copyright (or equivalent state right) on the date the Act becomes effective.
Sets the copyright term for those pre‑1972 recordings to 95 years from first publication or 120 years from creation, whichever ends first.
Provides a special extension for recordings published between 1923 and 1930, keeping them protected until Dec. 31, 2025 if the owner continues commercial use and files a required notice with the Copyright Office.
Requires that any infringement suit for pre‑1972 recordings filed within three years of the Act’s effective date can only seek statutory damages or attorney fees if the owner gave the alleged infringer notice at least 180 days before filing and the infringement was still ongoing.
Allows the Register of Copyrights to issue new rules within a year to adjust notice, deposit, and registration requirements for pre‑1972 recordings.
Makes the amendments take effect one year after the law is enacted (except for any new regulations, which can take effect sooner).

Legislative Activity

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1 earlier action

SenateIntro Referral Latest Action

Read twice and referred to the Committee on the Judiciary. (Sponsor introductory remarks on measure: CR S2879-2880)

Judiciary Committee

May 23, 2018

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SenateIntro Referral

Introduced in Senate

May 23, 2018

SenateIntro Referral

Read twice and referred to the Committee on the Judiciary. (Sponsor introductory remarks on measure: CR S2879-2880)

Judiciary Committee

May 23, 2018

Floor Debate

2 members

What members said about S. 2933 on the floor

1 Republican1 Democrat

Sen. Ron WydenD-OR · May 23, 2018

Mr. President, we in Congress are tasked in the Constitution with promoting science and the useful arts through giving authors and inventors the exclusive right to their writings and discoveries for…

Mr. President, we in Congress are tasked in the Constitution with promoting science and the useful arts through giving authors and inventors the exclusive right to their writings and discoveries for a limited time. The first copyright act provided that the ``limited time'' would be a term of protection of 14 years, renewable once. Since that time, the copyright term has exploded to 95, or 120 years, or 70 years after the death of the artist, depending on the circumstance. I have serious concerns that these lengthy terms tip the balance toward limiting rather than promoting creativity and innovation. Unfortunately, a bill--the CLASSICS Act--currently under consideration in the Judiciary Committee blows past current U.S. copyright term to provide a windfall to a select few.

The CLASSICS Act (Compensating Legacy Artists for their Songs, Service, and Important Contributions to Society Act) would give up to 144 of exclusive copyright protection for digital transmissions of pre- 1972 sound recordings. Not only that, but it would create a hodge-podge of State and Federal rights, basically cherry-picking the most valuable right under the Federal regime and leaving the rest to be governed by States. This means that if a library wants to make a copy of a recording, and then digitally transmit that copy, it would have to navigate two different regimes--creating more uncertainty, not less.

That is why, today, I am introducing the ACCESS to Recordings Act. It would give artists the full suite of Federal rights, as well as the uniformity and certainty that goes with the Federal copyright system. Along with that comes the exceptions and limitations, including those that enable archivists to preserve recordings, many of which are starting to degrade in their original physical medium and urgently need to be digitally preserved. In addition, it provides the same term available to post-72 recordings--95 years from publication. Let's be clear that is a significant term of protection. A song recorded in 1960 will enjoy protection until 2055--37 years from now.

I hope that someday, in the not too distant future, my colleagues and I can sit down and talk about real copyright reform, but in the meantime, we shouldn't be expanding term and making it more difficult for users of the copyright system--including both artists and the public--to navigate their rights and obligations. What I suggest instead is a straight-forward application of the Federal rules that apply to post-1972 recordings to those created before that time. We must remember that copyright is for the public interest, not just for the enrichment of large corporations. That is why I am introducing the ACCESS to Recordings Act.

Sen. Ron WydenD-OR · May 23, 2018

Mr. President, we in Congress are tasked in the Constitution with promoting science and the useful arts through giving authors and inventors the exclusive right to their writings and discoveries for…

Mr. President, we in Congress are tasked in the Constitution with promoting science and the useful arts through giving authors and inventors the exclusive right to their writings and discoveries for a limited time. The first copyright act provided that the ``limited time'' would be a term of protection of 14 years, renewable once. Since that time, the copyright term has exploded to 95, or 120 years, or 70 years after the death of the artist, depending on the circumstance. I have serious concerns that these lengthy terms tip the balance toward limiting rather than promoting creativity and innovation. Unfortunately, a bill--the CLASSICS Act--currently under consideration in the Judiciary Committee blows past current U.S. copyright term to provide a windfall to a select few.

The CLASSICS Act (Compensating Legacy Artists for their Songs, Service, and Important Contributions to Society Act) would give up to 144 of exclusive copyright protection for digital transmissions of pre- 1972 sound recordings. Not only that, but it would create a hodge-podge of State and Federal rights, basically cherry-picking the most valuable right under the Federal regime and leaving the rest to be governed by States. This means that if a library wants to make a copy of a recording, and then digitally transmit that copy, it would have to navigate two different regimes--creating more uncertainty, not less.

That is why, today, I am introducing the ACCESS to Recordings Act. It would give artists the full suite of Federal rights, as well as the uniformity and certainty that goes with the Federal copyright system. Along with that comes the exceptions and limitations, including those that enable archivists to preserve recordings, many of which are starting to degrade in their original physical medium and urgently need to be digitally preserved. In addition, it provides the same term available to post-72 recordings--95 years from publication. Let's be clear that is a significant term of protection. A song recorded in 1960 will enjoy protection until 2055--37 years from now.

I hope that someday, in the not too distant future, my colleagues and I can sit down and talk about real copyright reform, but in the meantime, we shouldn't be expanding term and making it more difficult for users of the copyright system--including both artists and the public--to navigate their rights and obligations. What I suggest instead is a straight-forward application of the Federal rules that apply to post-1972 recordings to those created before that time. We must remember that copyright is for the public interest, not just for the enrichment of large corporations. That is why I am introducing the ACCESS to Recordings Act.

Sen. Steve DainesR-MT · May 23, 2018

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Bill Text

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Introduced in SenateIssued May 23, 2018

II

115th CONGRESS

2d Session

S. 2933

IN THE SENATE OF THE UNITED STATES

May 23, 2018

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

A BILL

To amend title 17, United States Code, to clarify ownership with respect to certain copyrights, and for other purposes.

1.

Short title

This Act may be cited as the Accessibility for Curators, Creators, Educators, Scholars, and Society to Recordings Act or the ACCESS to Recordings Act.

2.

Copyright provisions

Title 17, United States Code, is amended—

(1)

in section 201, by adding at the end the following:

(f)

Sound recording fixed before February 15, 1972

Notwithstanding any other provision of this section, with respect to a sound recording fixed before February 15, 1972, the initial owner of the copyright with respect to the work for the purposes of this title shall be the person that owned the copyright, or equivalent right under State law, under State law on the effective date of the ACCESS to Recordings Act.

;

(2)

in section 301—

(A)

by striking subsection (c); and

(B)

by redesignating subsections (d), (e), and (f) as subsections (c), (d), and (e), respectively;

(3)

in section 303, by adding at the end the following:

(c)

Notwithstanding subsection (a) and section 304, the copyright in a sound recording—

(1)

fixed before February 15, 1972, subject to paragraph (2), subsists from the effective date of the ACCESS to Recordings Act and endures for a term of 95 years from its first publication, or a term of 120 years from the year of its creation, whichever expires first; and

(2)

published during the period beginning on January 1, 1923, and ending on December 31, 1930, endures until December 31, 2025, if—

(A)

the copyright owner engages in normal commercial exploitation of the work through December 31, 2025; and

(B)

before the date on which protection with respect to the work expires under paragraph (1), the owner of the copyright submits to the Register of Copyrights a notice that—

(i)

complies with such regulations as the Register of Copyrights may issue; and

(ii)

states that the work is subject to the normal commercial exploitation described in subparagraph (A).

; and

(4)

in section 412—

(A)

in paragraph (1), by striking or at the end;

(B)

in paragraph (2), by striking the period at the end and inserting ; or; and

(C)

by adding at the end the following:

(3)

notwithstanding any other provision of this section, any infringement of copyright in a sound recording fixed before February 15, 1972, unless the sound recording has an effective date of registration that is not later than 1 year after the effective date of the ACCESS to Recordings Act.

.

3.

Temporary limitation on infringement actions

During the 3-year period beginning on the effective date of this Act, an award of statutory damages or of attorney’s fees may be made with respect to an infringement of copyright in a sound recording fixed before February 15, 1972, only if—

(1)

not later than 180 days before the date on which the copyright owner brings the action, the copyright owner provides notice to the alleged infringer regarding—

(A)

the registration of the work under title 17, United States Code; and

(B)

the alleged infringement of copyright; and

(2)

as of the date on which the copyright owner brings the action, the alleged infringement has not ceased.

4.

Regulations

Not later than 1 year after the date of enactment of this Act, the Register of Copyrights may promulgate regulations to modify the notice, deposit, and registration requirements under sections 401 through 410 of title 17, United States Code, with respect to a sound recording fixed before February 15, 1972.

5.

Effective date

Except with respect to any regulations that the Register of Copyrights promulgates under section 4, this Act, and the amendments made by this Act, shall take effect on the date that is 1 year after the date of enactment of this Act.