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term should take care of his daughters. " On the other hand, the Berne Convention seems to have accepted the premise that a work should extend to the author and two generations, thus, to the grandchildren. The EU Directive on Term also mentions the author and two generations of heirs.
In 1978 the United States adopted a term of the life of the author plus 50 years. This eliminated the possibility that an author might outlive his work. However, for the pre1978 copyrights, it added an extra 19 years; thus, making 75 years the longest possible term. Also, for these works, to obtain the full term, a renewal claim had to be made in the 28th year of the first term.
In looking at the criteria used in the past, since some authors of pre1978 copyrights or their widows or widowers are outliving the cunent term, the 20 year extension would seem justified. With respect to works created on or after January 1, 1978, a longer term may be necessary to safieguard even one succeeding generatioa
However, life plus 70 is an extremely long period of time, as is a term of 95 years from publication or 120 years from creatioa To reflect the balance intended in the Constimtion, Congress must make sure that works that are not being made available to the American public are still accessible. This is especially critical to smdents, scholars and researchers. Thus, if the term is lengthened, the concerns expressed from library associations in their July 11, 1995 letter to Mr. Moorhead must be addressed. '° One way to address some of these concerns is to create a limited exemption during the extra 20 years for nonprofit educational instimtions and libraries who provide materials that are directly related to nonprofit instructional activities.
"' S« note supra al Proposal to Amend and Consolidate the Acts Respecting Copyright. 1906: Hearings on S. 6330 and H.R. 19853 Before the Joint Committees on Patents, 59th Cong., 1st Sess. 1 16 (1906) (statement of Samual L. Clemens, author).
" See Letter from Robert Oakley, Washington Affairs Representative, American Association of Law Libraries; Carol Henderson, Executive Director, Washington Office, American Library Associations; David Bender, Executive Director, Special Library Association; and Carla Funil, Executive Director, Medical Library Association; to the Honorable Carlos Moorhead, Chaiman, Intellecnial Property Subcommine. House Judiciary Comminee (July 1 1 , 1995).
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July 11. 1995 28