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)

644 1995 in all Member States, and will endure for the full term specified in the Directive* The provisions of this Directive, by virtue of the European Economic Treaty'' must also be implemented by the European Free Trade Association (EFT A) countries ' Accordingly, in nearly all the countries of Europe, the term of 70 years after the death of the author will apply The current U.S. term of protection for individual or jointly-authored works created on or after January 1, 1978 is 50 years p.m a. However, European protection for works created on or after that date by EU nationals, and works that have an EU country of origin as a result of first publication in an EU country, will now be 20 years longer in the EU than in the U S as a result of the EC Term Directive In the US., copyright term for works published or registered before January 1, 1978 is currently 75 years following publication of the work, often resulting in a term of protection shorter than the Berne minimum 50 years p m a ' Additionally, many pre-1978 works fell into the public domain in the U.S. as a result of improper copyright notice or failure to comply with renewal regulations. Under the Uruguay Round Agreements Act"> ("U R A A "). effective January 1, 1996,ii copyright protection will be restored in the US for certain foreign-origin works that fell into the public domain as a result of failure to comply with statutory notice or renewal requirements The proposed Copyright Term Extension Act of 1995,'^ introduced in the U.S. House and Senate this Spring, would make the US term for works created, published or registered after January 1, 1978 equivalent to that of the EU term— 70 years p.m a Works published or registered before 1978 would receive copyright protection for 95 years after publication, however works already in the public domain before the effective date of the Act would not be restored. Despite adoption of the U R A A., and even if the Extension Act is adopted, discrepancies ^See discussion at Sec. III. A. 2 infra regarding the revival effect of the EC. Term Directive. See generally H Cohen Jehoram. "The EC Directives. Economics and Authors' Rights," 6 IIC 821 (1994) (discussing various EC cases and directives on cop>TighL including the EC Term Directive) [hereinafter Jehoram). ■'OJNoL. 1.3 January 1994 ^Iceland. Liechtenstein, and Nonva) ^See generally. D. Nimmer. "Nation. Duration. Violation. Harmonization." 55 Law and Contemporary Problxms 2 1 1 (1992) (hereinafter "Nation") •^l? U.S C § 104A. as amended by 51 10 PL 103-465. 108 Stat. 4809 (Dec. 8. 1994). ' 'H Doc 103-3 16. Sept 27. 1994. 60 FR 15845. 3/27/95 The effective Ante of January I 1996 was chosen by the Copyright Office and implemented by presidential proclamation. However, this choice has sparked debate among proponents of a Januao I '995 cffectne date, who argue that the terms of GATTTRIPS itself supports the earlier date "Copyright Office Registration Reforms and Restoration Procedures are Aired." 50 PTC J. 34 (May 1 1. 1995) '2h R. 989. S 483. 141 Cong Rec S3396-02 (daily ed March 2. 1995) {hereinafter C.T.E.A.]. 2