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:

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The Catholic University of America Columbus School of Law Office of the Faculty Washington. DC. 20064-8030 (202) 319-5140 MEMORANDUM TO: Jack Valenti FROM: Shira Perlmutter RE: Proposed Extension of Copyright Term DATE: July 10, 1995 This memo evaluates and responds to the arguments of opponents of the proposed 20-year extension of the U.S. copyright term. I address both the arguments calling into question the benefits to the public from such an extension, and the arguments setting forth the perceived negatives.^ In doing so, I examine the impact of the extension in the case of motion pictures. In various respects, it appears that the benefits from extension would be particularly great, and the negatives would be relatively minor. ^ I do not address the issue of ownership-i .e . , in whom the extended term of protection would vest. Since the current versions of the bill simply add 20 years to the existing copyright term, it appears that the extended term in existing works would belong to whoever owns the copyright on the date of enactment. If the author has assigned all rights, the grantee rather than the author would therefore be entitled to the extra 20 years. While arguments may be made on both policy and constitutional grounds that Congress should vest the extended term initially in the author, such a change in the legislation would have little effect on the motion picture industry. Motion pictures are generally created as works made for hire, making the studio the author and the initial copyright owner under U.S. law. See 17 U.S.C. § 101 (definition of "work made for hire"); § 201(b) .