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that country "'^ Therefore, a US "national" (from a citizenship perspective) who has his or her habitual residence in an EU country can take advantage of the benefits of the EC Term Directive's longer terms It should be noted that GATT-TRIPS defines "national" as "persons, natural or legal, who are domiciled or who have a real and effective industrial or commercial establishment in" the specific country "
The US clearly responded to the extended duration provided under the EC Term Directive In introducing the House version of the Copyright Term Extension Act, discussed below. Rep Moorhead commented that "once the EU Directive is implemented, US works will continue to be granted the shorter life plus 50 year term before falling into the public domain He further stated that if the Act is not adopted, "American creators will have 20 years less protection than their European counterparts— 20 years during which Europeans will not be paying Americans for their copyrighted works 7^
5. Summary: EU/U S discrepancies widened
Consider again Mondrian's work Mokn, the US protection for which terminated on December 31, 1984 Whereas prior to the adoption of the EC Term Directive, the EUU.S. discrepancy was 10 years, afier adoption of the EC Term Directive, copyrights in the work will be revived and enforceable until January I, 2014 — a difference of 30 years. This huge discrepancy will not be eliminated by the Copyright Term Extension Act, discussed below, as such act applies only prospectively and does not eliminate the problems which arise from calculating US duration for pre-1978 works from the date of publication or creation.
The effect of these disparities complicates the creation and marketing of products containing pre-existing works, such as multimedia products Consider the effects of these disparity of protection for a hypothetical CD ROM encyclopaedia Insofar as the U.S. does not fully comply with the Berne Convention minimum duration of protection and the EU does, a large discrepancy in rights for a given work can exist between the EU and the US Imagine attempting to create and market a multimedia encyclopaedia containing works of authorship that are still subsisting or will be revived in the EU but are expired in the US. Should the current copyright holders provide access to copy such works for use in the U.S., where the works could be individually copied and potentially not be subject to
'^Bcrne Comention. supra note l'? at Art 3(2) ^^GATT-TRJPS. supra noic 14 al An 1(3). ''•♦Cong Rcc 2/16/95. p E379.
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