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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168 B. SIGMnCA>fT 20TH CENTURY REVISIONS OF COPYRIGHT TERM 1. The 1909 Copyright Act. When Congress increased the U.S. copyright term in 1909, Berne had already adopted life of the author plus 50 years for the basic copyright term. The new U.S. provision created a basic copyright term of 28 years from the date of first publication or registration, plus a renewal term of 28 years. " Early drafts of this legislation proposed that the basic copyright term be life of the author plus 50 years. Copyright proprietors advanced two arguments in support of the life plus 50 duration. They argued that authors were increasingly outliving the copyright protection in their works and that it was unfair for authors to lose their protection in their old age. Second, the life plus 50 standard was gaining increasing acceptance as the international standard of protectioa Although little organized opposition was raised against the life plus 50 term. Congress was not willing to accept such a radical departure from what it saw as American copyright tradition. The U.S. renewal system permitted works that were not commercially valuable and, therefore, not renewed to go imo die public domain after 28 years. The increase in the renewal term from 14 years to 28 years appears to have been the congressional response to copyright proprietors' concerns that the term should be longer. A renewal mechanism was preferred over one set term because it gave authors who sold their rights for less than full value a second chance to secure a more equitable return in the renewal period and because it placed works that were not renewed in the public domain where they could be used by anyone." " 35 Stat 1075, 17 U.S.C. ยง24. " H.R. Rep. No. 2222, 60th Cong. 2d Sess. (1909). dirr\dunaoo.loc July II, 1995 7