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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164 II. HISTORY OF DURATION OF COPYRIGHT TERM IN UMTED STATES LAW The history of the duration of copyright protection in the United States reveals a strong international influence. When it came time to adopt the first copyright law, Congress looked to the English common law system, the model it knew best. England viewed intellectual property as a property right but also viewed it in certain functional terms — as a device "to promote creative endeavors, on the one hand, and to ensure maximum public access to the benefits of these endeavors on the other. " ' Early U.S. copyright statutes adopted English duration standards. As discussed below, the United States abandoned the standard of one fixed term of protection, renewable for an additional fixed term in 1976 when it adopted the life of the author plus SO years, standard of the Berne Convemioa ' At that time most developed and iixlustrialized countries with the exception of the United States, ' belonged to Berne and the Berne minimum term was life of the author plus 50, years. A. DEVELOPMENT OF FEDERAL COPYRIGHT LAW The first federal copyright law enaaed in 1790 stems from the constitutional clause giving Congress the power "To promote the Progress of Science and useful Arts, by securing for limited Times ' Sam Ricketson. The Bcme Convention for the Protection of Literaiv and Anistic Works: 1886-1986 321 (Centre for Cotmnercial Law Snidies Queen Mary College 1987). ' See Convention concerning the Creation of an International Union for the Protection of Literary and Artistic Works (Sept. 9, 1886, revised in 1908, 1928, 1948, 1967, 1971). Berne Convention art. 2(8) (Paris text) [hereinafter Berne Convention!. ' China and the Soviet Union were not members of Benie at that time either. dirr^unaonloc July 11. 1995 3