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 #:
000689
Language:
English
Subjects:
Copyright -- United States, Copyright -- Motion pictures United States","Motion pictures -- Labeling United States","Motion pictures -- Conservation and restoration United States
Collection:
Books and Government & Law
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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681 July 14, 1995 Page 2 US Copyright Law (17 USC §115) allow for sound recordings, they do not apply to transcriptions, printed music, arrangements or copies of music for students, etc. HR 989 would also amend 17 USC §304(b), Copyrights in their renewal term or registered for renewal before January 1, 1978, by changing the term of 75 years to 95 years. Section 2, subsection (d) refers to "Subsisting Copyrights", but there is n2 exception in 17 USC §304(b) as it would be amended by HR 989 for copyrights which will have expired at the date of enactment of HR 989, if it is enacted. 17 USC §304(b) applies to cop3mghts subsisting on January 1, 1978, with no exception for subsequently expired copyrights. The amended wording literally appears to revive expired copyrights on works between 1906 and 1919, with none of the safeguards of the GATT restoration (17 USC §104A). Copyrights on many of the works published between 1906 and 1919 were subsisting in their renewal terms in the time frame defined in 17 USC §304(b). (A copy of the text of 17 USC §304(b) is enclosed showing the effect of HR 989's proposed changes, with a hst of some of the public domain and soon-to-be-public-domain works published between 1906 and 1924.) I am very concerned about the effects of HR 989 on possible revival of expired copyrights, and the potential for litigation or threats of litigation which will arise from the present wording of HR 989. While HR 989 would provide a windfall for copyright owners and the music industry, it deprives the pubUc of the expected benefit of having these works come into the public domain. The authors of the pre1978 works did not need HR 989 as an incentive to create those works. Many of those authors are long dead. The terms of some of those copyrights have already been extended by as much as 19 years under past legislation. I understand that several distinguished professors of law have opposed this legislation. I am attaching a copy of their remarks as received by me over the Internet. I agree with those remarks. This legislation deprives me and the rest of the American public of our ability to build on the cultural legacy of the 75 year old past, and to continue to try to breathe new life into our common cultural heritage. I earnestly urge the committee to vote against it; and at the very least, to delete those portions of HR 989 which apply to pre1978 works and any language in HR 989 which implies revival of expired copyrights. Best regards. Sara L. Johnson