[Congressional Record Volume 141, Number 31 (Thursday, February 16, 1995)]
[Extensions of Remarks]
[Page E379]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                      EXTENSION OF COPYRIGHT TERM

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                        HON. CARLOS J. MOORHEAD

                             of california

                    in the house of representatives

                      Thursday, February 16, 1995
  Mr. MOORHEAD. Mr. Speaker, I am today introducing legislation which 
would extend the term of ownership of a copyrighted work from the life 
of the author plus 50 years to the life of the author plus 70 years. I 
am pleased that the gentlelady from Colorado, Mrs. Schroeder and 
Messrs. Coble, Goodlatte, Bono, Gekas, Berman, Nadler, and Clement are 
cosponsoring this legislation. This change will bring U.S. law into 
conformity with that of the European Union whose member states are 
among the largest users of our copyrighted works.
  The last time the Congress considered and enacted copyright term 
extension legislation was in 1976. At that time the House report noted 
that copyright conformity provides certainty and simplicity in 
international business dealings. The intent of the 1976 act was 
twofold: First, to bring the term for works by Americans into agreement 
with the then minimum term provided by European countries; and second, 
to assure the author and his or her heirs of the fair economic benefits 
derived from the author's work. The 1976 law needs to be revisited 
since neither of these objectives is being met.
  In October 1993, the European Union [EU] adopted a directive 
mandating copyright term protection equal to the life of the author 
plus 70 years for all works originating in the EU, no later than the 
first of July this year. The EU action has serious trade implications 
for the United States.
  The United States and EU nations are all signatories of the Berne 
Copyright Convention which includes the so-called rule of the shorter 
term which accords copyright protection for a term which is the shorter 
of life plus 70 years or the term of copyright in the country of 
origin. Once this directive is implemented, U.S. works will only be 
granted copyright protection for the shorter life plus 50 year term 
before falling into the public domain. The main reasons for this 
extension of term are fairness and economics. If the Congress does not 
extend to Americans the same copyright protection afforded their 
counterparts in Europe, American creators will have 20 years less 
protection than their European counterparts--20 years during which 
Europeans will not be paying Americans for their copyrighted works. And 
whose works do Europeans buy more of than any other country? Works of 
American artists. This would be harmful to the country and work a 
hardship on American creators. I intend to schedule hearings on this 
issue in early summer.


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