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However, in 19''6 the copyright term for pre1978 copyrights was extended by 19 years. There was considerable debate as to who should be the beneficiary of those extra 19 years. Congress chose not to vest the rights in those extra years in the authors of those works. Instead, it created a mechanism by which authors could reclaim those rights from transferees — a right of termination. With respect to these works, notifications of termination have been received and recorded with the Copyright Office from 1978 to present. '"'
On balance, it seems that authors should be the beneficiaries of the longer term. '" Clearly the structure of the present law with the two termiiution rights covers most works. In these cases authors do have the opportunity to benefit from the additional years. In the case of pre1978 copyrights for which the right of termination has not yet vested, the right of termination would cover 39 years rather than 19 years. For new law works and for transfers that were made on or after January 1 , 1978 the law provides a right to terminate such transfers generally 35 years from the date of the transfer. Thus, for these works, the right of termination is available and authors and their heirs will have the right to benefit from the longer term.
There is one category of works, however, where the author would not have the possibility of striking a new deal for the extra 20 years — works where the period to terminate has already passed. Congress may wish to consider the possibility of creating a new right of termination for these works. The Copyright Office has been recording documents concerning the termination of transfers siiKC 1978. Our experience is that the number of transfers for copyrighted works that are terminated is proportionately small when compared to the universe of copyrighted works that are subject to termination in any given
"" Only 566 notices of termination were recorded in the Copyright Office between November, 1993 and May S, 199S. Of these, SSI were musical works.
'** The Nashville Songwriters Association International (NSAI) Board of Directors indicated that while it wholeheanedly supported the possibility of extending the copyright term, 'it would oppose legislation directed toward this end should that legislation contain any extension of The Right of Termination.' Comment 24.
dirr\duntionloc
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