Copyright Term Extension Act - Background

Background

Under the Berne Convention for the Protection of Literary and Artistic Works, the signatory states are required to provide copyright protection for a minimum term of the life of the author plus fifty years, but they are permitted to provide for a longer term of protection. Following the 1993 Directive on harmonising the term of copyright protection, member states of the European Union implemented protection for a term of the author's life plus seventy years. The United States did not become a Berne signatory until 1988, but had previously provided for the minimum copyright term the convention required in the Copyright Act of 1976.

After the United States' accession to the Berne convention, a number of copyright owners successfully lobbied the U.S. Congress for another extension of the term of copyright, to provide for the same term of protection that exists in Europe. The act was named in memory of the late Congressman Sonny Bono, who died nine months before the act became law: he had previously been one of twelve sponsors of a similar bill.

The US legislators ignored the spirit of the European legislation, which added 15 years to the term to account for the two world wars. America's war experience was substantially different than Europe's. This 15 years was intended to be temporary in Europe, but became permanent in the US.

House members sympathetic to restaurant and bar owners, who were upset over ASCAP and BMI licensing practices, almost derailed the Act. As a result, the bill was amended to include the Fairness in Music Licensing Act, which exempted smaller establishments from needing a public performance license to play music.

Both houses of the United States Congress passed the act as Public Law 105-298 with a voice vote,. President Bill Clinton signed the Sonny Bono Copyright Term Extension Act of 1998 on October 27, 1998.