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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177 publication or first communication to the public, whichever is first. " In the United States, where sound recordings are protected generally as works made for hire, they are under copyright for at least 75 years. The Directive gives broadcasting organizations protection for 50 years from the date of first transmission. " Finally, the Directive generally gives performers protection for 50 years from the date of the performance. '" e. Protection of previousiv unpublished work. Article 4 of the Directive provides a special term of protection to anyone who publishes a previously unpublished work whose copyright term has otherwise expired. " The term of protection is 25 years from the time when the work is first lawfully published or lawfully communicated to the public. The intent is to induce for early publication. " The only corollary in U.S. law is §303, which provides that where a work is created but not published before January 1, 1978, and is published by December 31, 2002, the copyright term is extended for 25 years. H.R. 989 extends the term for these works by ten years. If such works are published by the end of 2002, there is another 35 years of protectioa 3. Effect of EU Directive on other countrita. The most prominent change ordered by the Direaive is the requirement that all member states recognize a general copyright duration standard of life of the author plus 70 years and that, with respect to countries outside of die EU, each state is to apply the rule of the shorter term: Foreign countries ** M., an. 3, para. 2. ** liJ., art 3, pan. 4. '• li, art 3, paia. 1. " An. I , para, t sets the first term, life of the author and 70 years after his or her death, running iirespeoive of the date a work is lawhilly made public. " Lewinski. suora note 36 at 801. n. 65. dirr\dunooa.loc July II. IMS 16 'wm^