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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197 increased to match that mandated by the Directive, and they assert that this indeed will become the new standard. b. Evaluation of arguments. The Copyright Office believes harmonization of the world's copyright laws is imperative if there is to be an orderly exploitation of copyrighted works. In the past, copyright owners refrained from entering certain markets where their works were not protected. In the age of the information society, markets are global and harmonization of national copyright laws is, therefore, crucial. There has been a distinctive trend towards harmonization over the last two decades; however, the development of the global information infrastructure makes it possible to transmit copyrighted works directly to individuals throughout the world and has increased pressure for more rapid harmonizatioa This is reflected in the exercise to create a Protocol to the Berne Conventioa That exercise has been characterized as a norm setting exercise; the stated goals are to address important areas where application of the 1971 Paris Act is either imdear or the ituerpretation of existing obligations are the subject of dispute. As discussed earlier, H.R. 989 does not completely harmonize our law with the Directive on Term. In some cases, the U.S. term would be longer, in others the EU terms would be. These areas include, for example, the provisions for pre1978 copyrights and terms for anonymous and pseudonymous works and the EU provisions for cinematographic works as well as the limited cases in the EU where a corporate entity is a rightsholder. Moreover, in some areas, for example, sound recordings, our present term is already longer than that called for in the Directive. It does appear that at some point in the future the standard will be life plus 70. The question is at what point does the United States move to this term? If harmonization is a goal, adoption of the rule of the shorter term should be considered. This could put pressure on other couturies to raise their term of protection for sound recordings thereby leading to harmonization of the term for this type of work. dirr\duraDon.loc July II, 1995 36