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)

Record Details:

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170 It is interesting to review those earlier discussions. The opposing arguments are set out by two well known copyright experts. The first said: I am in favor of, generally speaking, short rather than long terms. I've never yet heard any case, except the fact that it's done differently elsewhere, for a longer term, and if you're going to measure by life, then life-plus-25. That takes care of the minority [sic] of children, and indeed their education, even these days. The only possible case it doesn't take care of is the case of a very young author who dies leaving a very young wife, and my only answer to that is if she hasn't been able to remarry in the course of 25 years perhaps this copyright shouldn't necessarily continue to support her. *' The second said: I would prefer that protection be for at least 100 years, rather than 76, when there is a renewal. It is not unreasonable to allow an author and his heirs to keep and enjoy property rights in the work he has created for at least that long — particularly since others will be exploiting his work for profit after he has been divested of it '• 3. 1976 Act Congress reviewed all of the views expressed during the revision period when determining the appropriate U.S. copyright term and ultimately opted for a basic term of life plus 50 years. The House Judiciary Committee summarized seven reasons for changing the copyright term: 1 . The present 56-year term is not long enough to insure an author and his dependents the fair economic benefits from his works. Life expectancy has increased substantially, and more and more authors are seeing their works fall into the public domain during their lifetimes, forcing later works to compete with their own early works in which copyright has expired. -' Copyright Law Revision Pan 2 at 90 (staiement of Professor Ralph S. Brown). '° Id. at 3 16 (statement of Irwin Kaip). dirrVdundoo.loc July 11. 1995