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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181 a. H.R. 989. Under H.R. 989, the minimum term of protection guaranteed an unpublished work will be extended 10 years to December 3 1 , 2012. If the work is published by that date, the term is extended another 35 years to December 31, 2047. b. Cnmmmt pg proposed extension of section 303. While the Copyright Office generally supports passage of H.R. 989, it does not endorse the proposed extension of section 303. For unpublished works created before January I, 1978, section 303 of the copyright law already provides a minimum copyright term running through December 31, 2002. Essentially, the works covered by this provision are works by authors who died before 1952 which remain unpublished through the year 2002. In his thorough analysis of copyright term, Sam Ricketson discussed the considerations involved with unpublished works and questioned whether they should be subject to temporal limits or be protected indefinitely until publication takes place. He mentioned two possibilities: to protect for the same term as published works and add no additional term if disclosure occurs subsequently or to allow protection indefinitely and then to grant a fiirther fixed term once the work is disclosed. Ricketson asserted that the disadvanuges to the public of the second approach may be cured if post-publication protection is relatively brief. " He also noted A more substamive objection, however, is that where ownership of the copyright and ownership of the unpublished work itself have become separated, this can place severe restraints upon later users, in particular those engaged in research and scholarship. " We believe that the unpublished works covered by section 303 have social, educational and historical significance. In the 17 years since the effective date of the 1976 copyright revision act, they " Sam Ricketson, The Copyright Term. 23 nC 776 (1992). " Id. at 776. dirrVdunDon-loc July II. 1495 20