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plus 50 years, the 50 years being intended to benefit the author's children and grandchildren. A few EU countries, however, have a term of copyright longer than life plus 50, at least for certain categories of works, such as musical compositions. Given these differences in term, the EU had three choices: (1) do nothing, allowing different terms; (2) issue a directive requiring all member countries to follow the predominant life plus 50 term (also found in the Berne Convention and in the GATT agreement); or, (3) issue a directive requiring all member countries to adopt the higher term found in the minority number of countries.
The first option was clearly undesirable because it would perpetuate the very sort of inconsistencies that directives are intended to eliminate. The second option was also believed undesirable because it would take away protection from authors in countries that granted a term longer than life plus 50.'° Accordingly, the third option, harmonizing the term of protection up was chosen. The EU's October 29, 1993 directive on the term of copyright thus establishes a basic term of copyright of life of the author plus 70 years. The directive is to be implemented by EU member countries by July 1, 1995. However, like past EU Directives, most member countries will take years after that date to actually implement the directive. France has yet to implement the 1991 computer program directive. Few countries have implemented the term directive, and thus internationally, there is no reason precipitously to pass a bill this session of Congress.
with respect to the question of the term granted works by authors from non-EU countries. Article 7 of the directive essentially states that works from non-EU countries, such as the United States, will be given in the EU the term of protection granted by the non-EU country, and not the term granted by the EU. Thus, if the United States grants a term of life of the author plus 50 years, works of U.S. authors will receive that term in the EU and not the life plus 70 term EU authors enjoy. On the other hand, if the United States grants a term of life of the author plus 70 years, works of U.S. authors will receive that term in the EU.
Music publishers, the estates of music composers who published songs in the 1920s and 1930s, and others have argued that U.S. law needs to be changed so that they may take advantage of this extra 20 years protection in the EU. My concern is not so much with going to a life plus 70 term (aside from the music publishers' Section 203 proposal) , but with how, for old act works, authors can be
See Preface to the Directive, paragraph (9) : "Vfhereas due regard for established rights is one of the general principles of law protected by the Community legal order; whereas, therefore, a harmonization of the terms of protection of copyright and related rights cannot have the effect of reducing the protection currently enjoyed by rightsholders in the Community... ."