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)

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81 -4the 1909 Copyright Act, this was accomplished by a split-term of protection. The 1909 Act, for example, divided 56 years of copyright protection into two 28-year terms, often referred to as the original and renewal terms. The theory behind this approach, in part, was to give the author a second opportunity, at the beginning of the second or renewal term, to renegotiate a transfer of rights that may have proven to be less than satisfactory. The author was given a "second bite at the apple" that could take into account the demonstrated value of the work in the marketplace. With the evenly divided, bifurcated term, each time the duration of copyright was extended to the benefit of authors, publishers who made the initial investment in bringing a work to the public received an extended opportunity to recover their investment through a longer original term of protection. Congress, with an eye toward U.S. accession to the Berne Convention, determined in the 1976 Copyright Act to switch from a fixed 56-year term of protection to Berne's minimum of the life of the author plus 50 years. In the years of congressional review that preceded that major statutory rewrite, the question of how to maintain the balance between creators' and publishers' interests achieved by the split copyright term was thoroughly debated. The notion of incorporating a statutory "cap" on the duration of copyright transfers was eventually agreed upon as the appropriate approach. When it was suggested that the cap be set at 25 years, Julian Abeles, then head of the organization that later became NMPA, pointed out that the 25-year limitation