We use Optical Character Recognition (OCR) during our scanning and processing workflow to make the content of each page searchable. You can view the automatically generated text below as well as copy and paste individual pieces of text to quote in your own work.
Text recognition is never 100% accurate. Many parts of the scanned page may not be reflected in the OCR text output, including: images, page layout, certain fonts or handwriting.
595
for multiple transnational distribution." This concern was an impetus for one of the major changes made in U.S. law by the 1976 Act: the move from a fixed term of protection of 28 or 56 years from publication, to the current basic term of life plus 50." Similarly, the Council of the European Community has now chosen to harmonize the term of protection because it views consistent terms as critical to the smooth functioning of an international market . ^*
" Application of Berne's rule of the shorter term could in theory alleviate this problem, assuming that each work would be protected in all Berne countries for the term offered in its country of origin. See above, n. 7 and accompanying text. But there are at least two reasons why inconsistent terms would still persist. First, Berne members outside the E.U. are not required to apply the rule of the shorter term, and not all have chosen to do so (the United States, for example, provides the same term of protection to non-U. S. Berne works as to all other works) . Second, even under the rule of the shorter term, if the country of origin provides a longer term of protection than the country where protection is sought, the latter country may apply its own shorter term. This is the approach of the E.U. directive, under which member countries will apply the new term of life plus 70 to non-Community works whose country of origin exceeds that term. Council Directive 93/98/EEC of 29 October 1993, Art. 7. As a result, a given work will not enjoy the same term everywhere; it will be protected for a longer period in its country of origin than in the E.U.
In any event, from the perspective of transactional fluidity, standardization of term is preferable to application of the rule of the shorter term. The rule of the shorter term requires research into the domestic law of each work's country of origin to determine how long the copyright endures. If terms are standard everywhere, the ability to use a work without permission can be determined much more quickly and easily.
" Se£ H.R. Rep. No. 94-1476, 94th Cong., 2d Sess. 133-36 (1976) .
^* The second paragraph of the preamble to the Directive states: "Whereas there are . . . differences between the national laws governing the terms of protection of copyright and related rights, which are liable to impede the free movement of goods and freedom to provide services, and to distort competition in the common market; whereas therefore with a view to the smooth operation of the internal market, the laws of the Member States should be harmonized so as to make terms of protection identical throughout the Community." Council Directive 93/98/EEC of 29 October 1993.