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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365 of 1976 treated both sound recordings and radio or television broadcasts as protectlble works of authorship and afforded the relevant copyright owners seventy-five years of protection at least." In conformity with the TRIPS Agreement, Congress recently enacted legislation prohibiting "vinauthorlzed fixation and trafficking in sound recordings and music videos" for an indefinite period of time,'* and it also largely restored the rights of foreign (but not national) copyright owners, including producers of sound recordings, whose copyrights had been technically forfeited under specified conditions." In sum, the trend established in the TRIPS Agreement clearly favors a minimum term of fifty years for most corporate productions (except broadcasts) , whether they are governed by copyright or neighboring rights laws. The United States already exceeds this trend because its laws give seventy-five years of protection to all works made for hire. As regards other relevant requirements of the Berne " Sfifi 17 U.S.C. S 101, 102(a), 106, 114, 201, 302, 304 (1988) . " See U.R.A.A., supra note 5, $512, codified at 17 U.S.C. SllOl; see also Melville B. Nimmer and Davio Nimmer, On Copyright, ch. 8E ("Rights Against Bootlegging Musical Performances") (forthcoming 1995) [hereinafter M. & D. Nimmer]; Paul Goldstein, Copyright Principles, Law, and Practice, S (2nd ed., forthcoming 1995) [hereinafter P. Goldstein] . " See TRIPS Agreement, supra note 5, arts 14(6), 70(2), (3); Berne Convention, supra note 3, art. 18; U.R.A.A., supra note 4, 5514, amending 17 U.S.C. ยง104 (a) (1988). See generally Universal Minimum Standards, supra note 2, at 366-72 (citing additional authorities) .