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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374 rlghtholders whose works and productions originate from third countries and who are not Conmunlty nationals.^ These provisions should thus prevent creators who are nationals of third countries from automatically obtaining the prolonged terms of protection In Community countries where protection Is sought, notwithstanding the principle of national treatment, absent a reciprocal provision on duration in the laws of the respective countries of origin. They also serve as "a means of persuading third countries to extend their terms of protection and thus to improve their levels of protection."** By similar logic, Congress should consider enacting a domestic version of this same principle under article 7(8) of the Berne Convention. A domestic rule of the shorter term would avoid bestowing the benefits of our seventy-five-year terms for, say, employer-created computer programs, producers of sound recordings, and the producers of television broadcasts upon rlghtholders originating in European Community countries that provide shorter periods of protection. Rlghtholders outside the European Community who adhered to the fifty-year minlmuD term for corporate productions under article 12 of the TRIPS Agreement would likewise obtain only fifty years of protection under a U.S. rule of the shorter term."* *• See E.C. Directive, supra note 6, art. 7; see also von Lewinskl, supra note 35, at 803-04. " von Lewinskl, at 803 (citing the legislative history). *** See supra note IIB and accompanying text.