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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366 Convention, respect for which is generally mandated by the TRIPS Agreement™ (and thus subjected to the WTO's dispute-settlement machinery) ,^' current United States copyright law appears no less compliant than it was prior to our entering the WTO Agreement and substantially more compliant than in 1989, when this country first joined the Berne Union. ° For exeunple, the United States now protects architectural works. ° It does not avail itself of the right to limit the terms of protection afforded photographers and the producers of cinematographic works to twenty-five^ and fifty years, ^ respectively. Moreover, the treatment of applied " See supra note 11 and accompanying text. " See TRIPS Agreement, supra note 5, arts. 64, 68; WTO Agreement, supra note 5, Annex 2, Understanding on Rules and Procedures Governing the Settlements of Disputes [hereinafter Settlement of Disputes]; Universal Minimum Standards, supra note 2, at 385-88 ("Uncertainties of the Dispute-Settlement Process"). ^ See Berne Convention Implementation Act of 1988, Pub. L. No. 100-568, 102 Stat. 2853 (1988); David Nimmer, Nation. Duration. Violation. Harmonization; An International Copyright Proposal for the United States. 55 Law & Contemp. Probs. 211, 21835 (1992) [hereinafter Nimmer, Duration! . " See Berne Convention, supra note 3, art. 2(1); 17 U.S.C. 101, 102(a)(8), as amended by Pub. L. 101-650, 104 Stat. 5089, 5133 (199 ). ** See Berne Convention, supra note 3, art. 7(4) (allowing twenty-five year term of protection for photographic works) . But see E.G. Directive, supra note 3, art. 6 (mandating life plus seventy years of protection for photographs amounting to an "author's own intellectual creation," notwithstanding Berne Convention) . ^ See Berne Convention, supra note 3, art 7(2); Sam RicKETSON, The Berne Convention for the Protection of Literary and Artistic Works: 1886-1986, at 338 [hereinafter S. Ricketson] (noting that Berne countries may protect films either for the standard life plus fifty term or for fifty years from publication (or creation