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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175 purpose of the EU Directive is to harmonize the terms of copyrighted material and related works among member countries. Although the adoption of life plus 70 years as the standard may appear somewhat surprising since most nations of the EU had a term of life plus 50 years, the EU gave a number of reasons for moving to a term of life plus 70 years including that since the average lifespan in the Community had risen, the life plus 50 years standard was no longer adequate to cover an author and two generations of his or her descendants, " and that harmonization to life plus 50 years would have required some rightsholders to lose existing rights, and the European Union was philosophically opposed to such a result *' 2. Comparison of spedflc EU provisions with U. S. law and H.R. 989. Although adoption of life plus 70 years has received the most attention in the United States, other provisions in the Direaive should be examined in light of existing U.S. law and the H.R. 989 proposab. As in U.S. law, the term for a joim author is measured from the death of the last surviving author. a. Anonvmoua worka. In the case of anonymous or pseudonymous works, the Directive establishes a term of 70 years after the work is lawfiilly made available to the public. *' Current U.S. law establishes a term of 75 years from first publication or 100 years firom creation, whichever expires first *' H.R. 989 would increase this term to 95 years from fint publication or 120 years from creation, whichever expires first " Protection of two succeeding generatioiu is the standard goal recognized in Berne. §ss E^ Directive on Term, Recital (5). " EU Directive on Term. Recital (S) & (10); P. Wienand, Copyright Tenn Hanaon\TMi<}^ in the European Union. 40 Copyright World 24, 25 (May 1994). " EU Direaive on Term. art. 1, para. 3. " 17 U.S.C. 5302(c). dirr\dunaoa.loc Julyll. I99S 14