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.
77
Another Barber work, an opera, "Anthony and Cleopatra," premiered in 1966, but it was not performed or recorded again until 1991. This cycle of earnings which is typical of serious and classical works means that a composition, which may some day be recognized as an American classic may not return a profit to the creator's descendants or to the music publisher owner within the current term of copyright protection, let alone during the 35-year period set under section 203 for the duration of transfers.
The term of protection granted the author and the heirs under the 1976 act was life plus 50. The term of works made for hire is generally 75 years. But publishers who take copyrights by transfer and who invest a range of resources in promoting the work and its success, have their rights terminated in 35 years.
Like many other copyright-based businesses, the music publishing business is a global one. In assessing where to invest limited resources, publishers must look at, among other things, the state of national law as it affects their operations. Nations of the European Union do not limit the duration of transfers by statute, as the United States does. Under the laws in these important markets publishers and writers are free to negotiate a transfer for the duration of copyright, or any portion of the term.
Without some adjustment of the Cop3n'ight Act's existing provisions on term of transfers, U.S. law may have the unintended effect of driving publisher investment overseas.
We urge you to consider these points carefully as you proceed in your review of this important legislation and to act to maintain the balance between author and publisher interests that has been a feature of the U.S. copyright law virtually since its inception.
We look forward to working with the subcommittee on this important point and towards passage of H.R. 989.
In closing, I would like to offer one final observation. In the period of consideration of the 1976 Act, Congress recognized that, with each day that passed, works were falling into the public domain. Some heirs would lose copyright protection forever, in part owing to the press of other legislative priorities.
Should consideration of this important legislation be delayed, I strongly urge this body to follow the precedent of earlier Congresses and pursue a resolution calling for a temporary moratorium on the expiration of copjn'ight. Such a step would be a demonstration of the commitment to the preservation of the jewels in the crown of our Nation's cultural heritage and enduring respect for the American artists and creators.
Again, our thanks to the chairman and so many members of the subcommittee for their sponsorship of this very important legislation. Thank you.
[The prepared statement of Mr. Murphy follows:]