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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COPYRIGHT TERM EXTENSION ACT OF 1995 THURSDAY, JULY 13, 1995 House of Representatives, Subcommittee on Courts and Intellectual Property, Committee on the Judiciary, Washington, DC. The subcommittee met, pursuant to notice, in room 2237, Rayburn House Office Building, Hon. Carlos J. Moorhead (chairman of the subcommittee) presiding. Present: Representatives Carlos J. Moorhead, F. James Sensenbrenner, Jr., Howard Coble, Bob Goodlatte, George W. Gekas, Martin R. Hoke, Patricia Schroeder, and John Conyers, Jr. Also present: Thomas E. Mooney, chief counsel; Mitch Glazier, assistant counsel; Veronica Eligan, secretary; Betty Wheeler, minority counsel; and Susie Park, intern. Mr. Moorhead. The hearing will come to order. Today the subcommittee is conducting a second day of hearings on H.R. 989, the Copyright Term Extension Act of 1995. H.R. 989 would extend the term of ownership of an individually copjn^ighted work from the life of the author plus 50 years to the life of the author plus 70 years, and the works for hire from 75 to 95 years. This change will more closely resemble the new directive implemented by the European Union member states, who are among the largest users of our cop3nrighted works. Last time the Congress considered and enacted copyright term extension legislation was in 1976. At that time the House report noted that copyright conformity provides certainty and simplicity in international business dealings. The intent of the 1976 act was twofold: first, to bring the term for works by Americans into agreement with the then minimum term provided by European countries; and, second, to assure the author and his or her heirs of their fair economic benefits derived from the author's work. The 1976 law needs to be revisited because neither of these objectives is currently being met. In October 1993, the European Union adopted a directive mandating copyright term protection equal to the life of the author plus 70 years for all works originating in the E.U., no later than the first of July this year. The E.U. action has serious trade implications for the United States. The United States and the European Union nations are all signatories of the Berne Copyright Convention, which includes the socalled rule of the shorter term, which accords copyright protection for a term which is the shorter of life plus 70 years or the term (155)