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us pre-dates the constitutional provision granting Congress authority to award such monopolies Even Thomas Jefferson, a strong proponent of a copyright and patent clause in the Constitution, was not able to define the appropriate duration of protection, as is evident from the quotation above Article 1, Section 8, Clause 8 of the Constitution, passed unanimously,"" provides that Congress has the power "to promote the progress of science and the useful arts, by securing for a limited time to authors and inventors the exclusive right to their respective writings and discoveries" [hereinafter Copyright Clause]."^
The framers of the Constitution, thus, passed the decision regarding duration of protection to Congress, resulting in great debate regarding the term of duration in the Copyright Act"" What "limit" should be put on those "Times" of exclusivity is at the center of a renewed debate The current debate is sparked by the proposed US Copyright Term Extension Act (companion bills HR 989 and S 483), and has split the copyright academy into proponents and opponents of the Extension Act.'""*
This Extension Act, if adopted, would add 20 years to the current terms of protection for copyright in the US This Act was proposed in direct response to the EC Term Directive. Unlike the EC Term Directive, however, the US Extension Act would not revive public domain copyrights Nonetheless, the proposed extension would lessen the existing term discrepancies as to pre1978 works in which copyright still exists on the effective date of the Extension Act. Further, the Act represents a uniquely proactive step by the U.S. to keep its copyright laws current v^th international standards As is argued in the summary to this section, the US constitution supports adoption of the Act.
1) Works created before January 1. 1978 with Subsisting Copyrights.
Sec. 304— pertaining to works with subsisting statutory copyrights (eg. published or registered works) created before January 1 , 1 978— is amended to provide an extension of the renewal term from 47 years to 67 years, resulting in a total term of duration for such works of 95 years following the date of publication, or for unpublished works, following
"'-'I. Donner. "The Copyright Clause in the US Consiiluiion Why did the Framers Include it with
Unanimous ApprovaP" 36 AM J Legal Hist 361 (I9'>2)
'O-'U.S Const An. I. §8cl. 8
^^^See. P Leva!. L Lewis. "Arc Copvnghis For Authors or Their Children'" 39 J. Copyright Soc'y
USA 1 (1991)
"^^D Karjala el a! . "Coiiimcni of US Copyright Law Professors on ihe Copyright Office Term of
Protection Study." rcpnnicti in 12 EIPR 531 (1994). (hereinafter Comment) (arguing against adoption of
the Extension Act). A Miller. Billboard Maga/inc; D Nimmer. "Nation." supra note 9 (arguing in favor
of the Act); D Nimnier. Billboard Magazine
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