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b. Legal entity as initial riehtsholder. Where a member state law vests rights in an entity other than in an individual author, the Directive provides a term of 70 years measured from the year of publication. " The compatible provision in U.S. law is the works for hire one which establishes the term as 75 years from first publication or 100 years from creation, whichever expires first. " H.R. 989 would increase this term to 95 years ftom first publication, or 120 years from creation, whichever expires first.
c. Audiovisual works. E^ovisions governing audiovisual works are considerably different. In the United States, audiovisual works are generally works made for hire. This is not true in Europe. Under the Directive, the term is determined by the lives of four individuals. *' The Directive states the term shall expire 70 years after the death of the last of the following persons to survive "the principal director, the author of the screenplay, the author of the dialogue, and the composer of music specifically created for use in the cinematographic on audiovisual work." ** The Directive's term for audiovisual works is at least equivalent to and may be longer than existing law or the proposal in H.R. 989. *'
d. Rights protected as neiriibopfg fr rplated rights. The Directive also specifies terms for neighboring rights. The Directive gives producers of sound recordings 50 years from first
" EU Directive on Term, ait. 1 , para. 4. The laws of most member states of the EU do not recognize the work for hire doctrine; rights generally vest in individual authon. However, it does exist in certain countries and for certain works, e.^., collective works, and paragraph 4 coven those exceptions.
** 17 U.S.C. 1302(c).
" EU Directive on Term, ait 2, para. 1 .
** Id. EU Directive on Term, an. 2, para. 2.
" A number of the comments received in RM 93-8 confuse the term for motion pictures which is spelled out in an. 2 of the EU Directive on Term. The provision in an 1 , para. 4 for collective works or where a legal person is designated as the rightsholder.
dirr\cturaDoa.loc
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