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The history of the United States and other copyright laws show that generally the term of protection has steadily increased. A fundamental assumption seems to be that the author and at least his immediate family should have the ability to earn some return on his work. Thus, even if the author ■ himself receives little remuneration during his lifetime, his spouse and children may receive some benefit later if the work has a delayed success, which often is the case with serious music. Whatever the term, one must also consider that the author frequently assigns his right to a publisher, film producer or other disseminator of the work. In such cases, the copyright in the work represents a protection for the investment that is undertaken in the publication or production of the work. Here the term granted must be sufficient to allow the investor time not only to recover but also to earn a reasonable renim on his investment. This is very difficult to estimate; different types of works and individual works within different genres may have varying levels of longevity and may reach a poiitt of profitability at different times. Another part of the equation is that there is a risk involved in publishing or producing work; successful ventures subsidize marginal works. Unfortunately, there are few relevant statistics to show on the average what a minimum term would be to make sure that a publisher or producer received a reasonable term on his or her investment Although protection of the investmem may seem far removed from protecting the author, in most cases authors' rewards are tied to the interests of those who exploit their works."
In earlier debates of the 1909 Aa aiKl 1976 Act, Congress appeared to conclude that the copyright should benefit at least two generations. The legislative history refers to an author's family without specifically stating what constitutes a family. Samuel Clemens, an ardem proponent of a longer term, stated that he did not care about his grandchildren since they could take care of themselves, but that the
'' S^ generally Ricketson, supra note at 320-1 .
dirr\duration.loc
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