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Berne allows each member state to allow the 'rule of the shorter term." That Is to say, If the duration of protection In a foreign state Is shorter than In a particular member state, that member state may Umit the protection it gives the foreign state's nationals to the foreign state's shorter copyright term.
The EU Directive requires all member states to adopt the njle of the shorter term. Thus, after the life-plus70-year term goes Into effect In the EU on July 1, 1995, If United States law remains unchanged, United States copyrights wilt be protected only for our applicable copyright term (generally life-plus-50-years), and not for the longer life-plus-70years term. American creators and copyright owners will enjoy 20 years less of protection In Europe than their European counterparts.
If our copyright term Is not harmonized with the EU term, the effect will be particularly harmful for our country In two ways.
First, the EU nations will likely use our failure to provide commensurate protection as an argument against us when we seek better protectton for our worlu In their countries.
Second, we will be deprived of 20 years of valuable protectnn In one of the worid's largest and most lucrative markets. That will have a most harmful effect on our balance of payments, cutting off a vital source of foreign revenues.
Logic and simple self-interest dkstate that we extend our copyright terni so as to take advantage of the opportunity which is being handed to us for extended protectnn in the lucrative EU market.
In additkjn, the basic theory of copyright duratksn is that protection shoukj exist for the life of the author and two succeeding generatnns. The life-plus-50-year terni, generally adopted Internationally about 100 years ago, accomplished that result at that time. But, with the Increase In life expectancy whk:h has occurred over the last century (and the trend towards having children later In life), a life-plus-50-year term no kjnger accomplishes that intended result. Hence, a 20-year extension Is warranted.
Finally, our copyright law shouM do everything possible to encourage creativity especially American creativity. A modest term extension will do so.