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 #:
000408
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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400 publishers, are higher in the United States than in Europe. This BzJces such a proposal worthy of further study as a matter of cultural policy.'"^ This line of investigation presupposes, however, that Congress should deem it advisable to strengthen and further safeguard authors' termination rights in the context of an adjustment to the term of protection. At the least, a technical reexeunination of the termination right should be underteJcen, with a view to eliminating its weaknesses, and to closing loopholes through which publishers might otherwise capture the extended period of protection. For exeunple. Section 203 may already authorize multiple terminations at successive thirty-five year intervals,"* but no harm would be done if Congress said so expressly and thus prevented the Courts from indulging in discordant speculation about freedom of contract. Errant judicial opinions in this regard need correction,"' while the wholesale exemption of derivative works from termination under Section 203 should be reassessed.*^ At present, the derivative rights holder may expect to continue to exploit a derivative work under eui initial "'* See, e.g. . Reese, supra note 88, at 732-35. "' Professor Karjala, for one, reads the statute this way. "• See Mills Music. Inc. v. Snvder. 416 U.S. 153 (1985); Howard B. Abrams, Who's Sorrv Now? Termination Rights and the Derivative Works Exception, 62 U. Det. L. Rev. 181 (1985). '^ Se£ 17 U.S.C. SS106(2), 203(a), (b)(1) (1988); Reese, supra note 88, at 733-35, 740-41.