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)

Record Details:

Title:
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
Date:
1996
Publisher:
Washington : U.S. G.P.O. : For sale by the U.S. G.P.O., Supt. of Docs., Congressional Sales Office
Volume:
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
Leaf #:
000377
Language:
English
Subjects:
Copyright -- United States, Copyright -- Motion pictures United States","Motion pictures -- Labeling United States","Motion pictures -- Conservation and restoration United States
Collection:
Government & Law and Books
Format:
Books
Contributor:
Boston Public Library
Sponsor:
Kahle/Austin Foundation and Omidyar Network
Coordinator:
Media History Digital Library
Description:
Date Added:
July 19, 2022
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369 Nevertheless, the proposals contained in H.R. 989 would only alleviate, without necessarily curing, the minor technical deficiencies noted above. As to moral rights, neither the Berne Convention nor state practice have established a norm governing the ultimate term of protection, although the basic principle does link the minimum term to the duration of the author's economic rights.^ In any event, while pressure for greater U.S. compliance with the moral rights provisions of the Berne Convention appears inevitable, there is nothing in either the TRIPS Agreement or the E.C. Directive that requires Congress to teJce precipitous action in this regard.^ A more relevant misfit between U.S. copyright law and that of other Berne Union countries stems from the greater reliance of the former on the work made for hire doctrine in general and on the principle of corporate authorship in particular.^ On the 467-75. But see Final Report of the Ao Hoc Working Group (ni U.S. Adherence to the Berne convention, reprinted 10 Colombia-VLA J. Law & Arts 513, 547 (1986) [hereinafter Final Report]. ^ See Berne Convention, supra note 5, art. 6 bis (2) ; S. RICKETSOH, supra note 25, at 473-75. " See supra note 11; E.C. Directive, supra note 6, art. 9 (excluding moral rights). See also Silke von Lewinski, E.C. Proposal for a Council Directive Harmonizing the Term of Protection of Copvriaht and Certain Related Rights. 23 INT'L Review of Indos. Prop. & Copyright Law (I. I.e.) 785, 801-03 (1992). " See Berne Convention, supra note 3, art. 15(3); 17 U.S.C. 201(b), 302(c), 304(a) fas amended in 1992); Final Report, supra note 33, at 613-20 (stressing that the Convention "does not contain any general provision concerning works made for hire, and does not define the word "author" (or the ownership of copyrights);" and finding that U.S. Law is not clearly incompatible in the context of actual state practice) . "The