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)

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200 year. By far the vast majority of tenninations involve musical works that continue to be commercially valuable. In considering the right of termination. Congress should examine the derivative work exception, especially as it relates to musical works, and the effect of that exception on authors and especially composers. The problem of small scale derivative works such afi musical arrangements versus large scale derivative works like motion pictures is fully set out in Mills Music. Inc. v. Snvder. 469 U.S. 153 (1985). Thus, there is a question as to who should benefit from the extension of the term. But this is a different question from whether the term should be extended. rv. CONCLUSION The rapidly expanding international market for copyrighted materials especially in light of the global information superhighway supports harmoniziiig national copyright laws and adjusting, where necessary, international copyright treaties. Indeed such haimonization is crucial. Harmonization as evidenced by the European Directive has many advantages including simplifying copyright transactions. Achieving harmonization will be difficult, but, as a major producer and exporter of copyrighted works, the United States should lead the effort Except for sound recordings, anonymous, pseudonomous, and collective works, the European Union has generally adopted a life plus 70 standard. Increasingly as countries revise their laws, the copyright term will be life plus 70; however, the United States does not have to move to life plus 70 at this time. It is not yet the iiuemational norm and clearly neidier the Berne Convention nor the GATT TRIPS agreement require more than life plus SO. That countries with copyright terms longer than life plus SO adopt the rule of the shorter term, which is clearly provided for in both the Berne Convention and die Universal Copyright Convention, dirrWunaoii.loc July II. IMS 39