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Mr. Bono. There is a price to pay for that protection, to give up your property. I mean, a song is like a chair. PubHc domain means you don't get the money anymore.
Mr. Berman. It is the Constitution, the legislature, and the judicial branch that gave meaning to — well, we are getting back to the state of nature in a way, but gave meaning to this notion of your exclusive right to control and exploit your property.
And I guess we could take Mr. Murphy's suggestion of a temporary moratorium and just make a permanent moratorium on the expiration of copyrights. At some point, you have to — at some point the property right is going to end. I mean, I haven't heard any serious discussion that generations after you have created it
Mr. Bono. Why can't the family keep it? It is an asset?
Mr. Berman. How far down?
Mr. Bono. Like a house or a car or like a painting, like any asset, it should be whoever created it.
Mr. Berman. The Founding Fathers said this was in order to encourage you in your work. For a limited amount of time, you would be protected. We are talking about, and I support the extension.
Mr. Bono. I would like to have the choice of the protection.
Mr. Berman. Well, I think you will need a constitutional amendment to do that.
But I would like to ask just a few questions of the panelists. First, Jack Valenti, when you deal with a motion picture — I know this could drift into other issues that you are not here to testify on, and I don't mean it to — what is the life of the author? Is it the studio that owns the copyright? Is it the producer who produces it? What is the life of the author?
Mr. Valenti. The answer, Mr. Congressman, is it is not life of the author under works for hire. It would be 95 years, period.
Mr. Berman. Ninety-five years. Because it is this kind of
Mr. Valenti. Under the works-for-hire concept, one can be a person or one can be an enterprise.
Mr. Berman. Persons under present law get life of the author plus 50
Mr. Valenti. Right now it is 50 years. Under the European Union, it is life plus 70, which is the trampoline from which this whole hearing springs, in my judgment.
Mr, Berman. What is the European Union's directive doing with respect to motion pictures? How is it changing existing law?
Mr. Valenti. It would mean that a motion picture that is in 1 of the 15 member States of the European Union produced in 1 of those member States, would have a life expectancy in the market of thorough protection by the government for the life of the author plus 70 years. It goes into effect
Mr. Berman. I am confused about this as to motion pictures, the life of the author.
Mr. Valenti. In Europe there is a different concept.
Mr. Berman. You don't have work for hire in Europe?
Mr. Valenti. They have what they call moral rights. It comes from the French phrase, droit morale, which gives the right to the author under a theory called the auteur theory. In Europe it is the director who has the authority over that motion picture, no matter