Copyright term, film labeling, and film preservation legislation : hearings before the Subcommittee on Courts and Intellectual Property of the Committee on the Judiciary, House of Representatives, One Hundred Fourth Congress, first session, on H.R. 989, H.R. 1248, and H.R. 1734 ... June 1 and July 13, 1995 (1996)

98 I just realized in reading — in preparing for the hearing that the current legislation that we have before us, H.R. 989, doesn't alter the language in the current law which says that the right goes to the owner, but can be canceled by the author if the author acts within 5 years, the time under which the right would expire for the possessor of the copjn^ight. I don't know if that was an oversight, Mr, Chairman, on the part of the sponsors and the cosponsors of the legislation, but I would be interested in hearing the opinion of the panel as to whether or not we should be providing the same type of protection to the original authors of that work that we provided in 1976, a 5-year right, which I understand in many people's eyes was a major concession on the part of the authors since no one bargained for an additional 20 years back in 1976. And I suspect the same thing applies now in 1995 that no author or current owner or purchaser of that copyright bargained for an additional 20 years. Mr. Valenti. I cannot speak for other members of the panel because there is a difference in this gossamer sculpture of an author. Marilyn and Alan Bergman are authors. They write their songs. They do not deploy 100 people to help them. I guess they sit in a room and do it alone. You don't sit in Hollywood Bowl when you are creating, do you? Ms. Bergman. No, sir. Mr. Valenti, They are authors, Samuel Barber is an author. He wrote a s3miphony. In the movie business we are the only art form in this country that I know about that is collaborative, I guess a stage show would be the same thing, Mr. Berman. And legislation is. Mr. Valenti. It is a collaborative effort. You deploy a hundred, a thousand people on the set. And who is the author? That is why the author in the motion picture, the copyright owner, can be an enterprise that puts the money together and organizes the entity. A good example, tell me who the author is of "Gone With The Wind"? It was written by Margaret Mitchell and the book was bought by David O. Selznik, whereupon he hired, count them, seven different directors. Hired one, they get on the set; fired him and finally brought on a fellow by the name of Victor Flemming. He finished the picture. He hired, count them, over 20 writers. Mr. Becerra. Let me interject. I think the case of films is different because we do in this country recognize work for hire. But in the case of those works Mr. Valenti. 1 will withdraw from the microphone. Mr. Becerra. I am more interested, I guess I should say, in hearing from the publishers or ASCAP, those people who represent both the original authors and those who purchase the rights to that copyright; in many cases the publishers. Should we be providing the same type of extension, even if it is the minimal extension of 5 years, to try to terminate that right that we provided back in 1976? As I understand it, correct me if I am wrong, the legislation that we have before us does not alter section 304(c)3, which provided for that 5-year time period within which to revoke the transfer. Ms. Bergman. My counsel just handed me a note which says because the bill doesn't alter the existing termination right, it still