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)

Record Details:

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194 and the license period, only covers use in Canada. " Apparently, Japan and Hong Kong have similar provisions. ^ Solutions to these problems might be forthcoming if the Subcommittee directed the panics to work these issues out. If the Subcommittee wishes, the Office would be most willing to try to facilitate this process. We believe we have considerable expertise in this area, and we would like to see these issues resolved. 3. Fair Economic Benefit. a. Arguments. Opponents argue that the existing law already gives authors a sufficiently long term, and that even if there has been some increase in life expectancy since 1976, it would not warrant a 20 year extension of the basic term. They argue that the existing term is already long enough to take care of most authors and their heirs and that it should not be extended to cover a second, succeeding generation. They also assert that the longer term will not really go to authors, but " Section 70.7 of the Canadian copyright law provides as follows: OWNER WHO CANNOT BE LOCATED (1) Where, on application to the Board by a person who wishes to obtain a license to use a published works in which copyiight subsists, the Board is satisfied that the applicant has made reasonable efforts to locate the owner of the copyright and that the owner cannot be located, the Board may issue to the applicant a license to do an act mentioned in section 3. (2) A license issued under subsection (1) is non-exclusive and is subject to such terms and conditions as the Board may establish. (3) The owner of a copyright may, not later than five years after the expiration of a license issued pursuant to subsection (1) in respect of the copyright, collect the royalties fixed in die license or, in default of their payment, commence an action to recover them in a court of competent jurisdictioit ^ ยง^ e.g., art. 67 of the Japanese Copyright Code. dirr\dundoaloc July 11.1995 33