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:

Something wrong or inaccurate about this page? Let us Know!

Thanks for helping us continually improve the quality of the Lantern search engine for all of our users! We have millions of scanned pages, so user reports are incredibly helpful for us to identify places where we can improve and update the metadata.

Please describe the issue below, and click "Submit" to send your comments to our team! If you'd prefer, you can also send us an email to mhdl@commarts.wisc.edu with your comments.




We use Optical Character Recognition (OCR) during our scanning and processing workflow to make the content of each page searchable. You can view the automatically generated text below as well as copy and paste individual pieces of text to quote in your own work.

Text recognition is never 100% accurate. Many parts of the scanned page may not be reflected in the OCR text output, including: images, page layout, certain fonts or handwriting.

173 II. ANALYSIS OF H.R. 989 Before one can compare the provisions of H.R. 989 with existing law and the EU Directive on Term, it is first necessary to review U.S. term provisions and those established by the EU Directive. A. EXISTING U.S. LAW One of the major underpiimings of the 1 976 Copyright Act was the adoption of a single copyright term for works that are created and fixed in a tangible medium of expression for the first time on and after January I, 1978. For most works, the basic copyright term is life of the author plus an additional SO years after the author's death. This protection attaches automatically from the momeiu of creatica In the case of a joint work by two or iix>re authon who did not work for hire, the term lasts for SO years after the last surviving author's death. For works made for hire, and for anonymous and pseudonymous works (unless the author's identity is revealed in Copyright Office records), the duration of copyright is 75 years from fint publication or 100 years from creation, whichever is shorter. " The United States has not considered extending copyright term siitce 1976. In the 1976 Act, with an eye to possible fumre adherence to the Berne Conventioa the United States adopted a basic term of life plus fifty years for works created after January 1, 1978. Consequently, when the United States joined the Berne Convention in 1989, its basic term was already consistent with BeriK. Before we joined Berne, there was some discussion about the term for anonymous and pseudonymous works, and the Ad Hoc Working Group on U.S. Adherence to the Berne Convention concluded that §302 (c) was 'incompatible with Berne because those such works published more than 50 " 17 U.S.C. §§302-305. dirr\<tunaoa.loc July 11, 1995 12