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)

Record Details:

Something wrong or inaccurate about this page? Let us Know!

Thanks for helping us continually improve the quality of the Lantern search engine for all of our users! We have millions of scanned pages, so user reports are incredibly helpful for us to identify places where we can improve and update the metadata.

Please describe the issue below, and click "Submit" to send your comments to our team! If you'd prefer, you can also send us an email to mhdl@commarts.wisc.edu with your comments.




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.

642 L INTRODUCTION 1 a DURATION OF COPYRIGHT BACKGROUND 3 A. Berne Convention and Duration of Copyright 4 1. General principles and rules 4 (a) Principle of national treatment 4 (b) Rule of the shorter term 5 2. Determining the "country of origin" 5 3. Minimum duration established by Berne 6 B. Duration National Laws of EU Countries 6 1. Duration and Rule of the Shorter Term 6 2. Phil Collins and the Principle of Nondiscrimination 7 C. Duration of Protection Undercurrent U.S. Law 8 1. Works created before January 1. 1978 with subsisting copyrights 8 2. Works created but not published or copyrighted before January 1, 1978 9 3 Works created on or after Januar\ 1. 1978 9 4. Works of foreign origin 10 5. Summary: Deficiencies in Current U.S. Law 10 D. Duration Bi-Lateral Treaties 12 IIL NEW LAWS AND PROPOSED LEGISLATION 12 A. The EC Term Directive 13 1 70 years pm a and related terms of protection 13 2. Retroactivity. re\'ival 14 3 Protection of "acquired rights" of third panics 15 4. Works of foreign origin 15 5. Summary: ED/US. discrepancies nidened 17 B. GATT-TRIPS and Duration 20 C. Uruguay Round Agreements Act 20 1. Main prmisionsof the Act 20 2. Summary 23 D. Proposed U.S. Copyright Term Extension Act of 1995 23 1. Workscreatedbefore Januar\ I. 1978 with subsisting copyrights 24 2. Works created but not published or copyrighted before January I, 1978 25 3. Works created on or afler Januar> 1. 1978 25 4. Summary: Arguments for Adoption of the E.xtension Act 26 (a) Increased incentive to distribute pre-e.MSling works 26 (b) Stimulation of creation of derivative works 27 (c) Elimination of EU-US disharmony 27 (d) Increased U.S. economic dominance 28 rV. CONCLUSION 30 CHART : Consequences of New Lans and Proposed Legislation Arfccllng Duration of Copyright 32