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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611 (which must, of course, meet Berne's nininun standards for protection) . Thus, a copyright owner who is a French national is protected in the United States under our sxibstantive copyright law; and an American citizen who is a copyright owner is protected in France under French substantive copyright law. If the principle of national protection, which applies generally, also applied to the duration of copyright protection, no term extension in the United States would be necessary for American creators and copyright owners to reap the benefit of the EU's term extension. Unfortunately, however, that is not the case, for there is an exception to the principle of national treatment which is directly relevant: the rule of the shorter term. 2 . The Rule of the Shorter Term The one significant area in which Berne provides for reciprocal, rather than national, treatment, is in the duration of copyright. Berne allows each member state to follow the rule of the shorter term. Berne Convention, Art. 7(8). That is, if the duration of protection in a foreign state is shorter than in a particular member state, that member state may limit the protection it gives the foreign state's nationals to the foreign state's shorter copyright term. For example, the United States' current -9