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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198 B. OTHER CONSroERATIONS 1. Rule of the shorter term. Finally, copyright term extension without adoption of the rule of the shorter term could lead to trade imbalances against the United States in every area of the world except Europe. This is because foreign works would be protected for the life of author plus 70 years, while U.S. works, outside of Europe, would be protected only for the life of the author plus SO years. Therefore, non-European foreign authors would receive copyright royalties for twenty additional years for use of their works in the United Sutes, while no offsetting royalties would be generated for U.S. works used in those countries. The Office is not taking a position on whether the United States should go to the rule of the shorter term. Adopting this rule may have benefits vis-a-vis harmonization and economic impact Others, however, have recommended that the United States should adopt this rule, and that, of course, will be your decision. '°' The Coalition of Creators and Owners provided us with information in 1993 that indicated that 16 countries applied the rule of the shorter term and that at least two more would have to apply it in the future. "" 2. TraiMfrrgq. The fact that copyright extension vests in transferees has been cited by opponents of term extension as another objection. Some argue that giving the extra term to assignees may be unconstitutional. '" See D. Nirnmer, Nation. Ehiration. Violation. Hannoni^^ti<^^ An Intemational Coovright Proposal for the United States. 55 Law <Sc Comtemp. Probs. 211-4 (1992) (submitted as Coimnent 7). "" See Comment 98, at 7, 8 (Joint Supplemental Comments of the Coalition of Creators and Copyright Owners). dirr\(tunaon.ioc July 11, 1995 37