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)

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125 performed, including compensation and residuals. Similarly, adaptations made to a film following its initial release are clearly an appropriate subject for negotiation. Through avenues of both collective and individual bargaining, directors, screenwriters and cinematographers are able to effectively bargain on these issues. The collective bargaining agreement provides a bundle of rights to every director, regardless of his track record or whether the film he makes is a success. These agreements also give every director the right to participate in the fiim-to-video adaptation. For example, in 1987 negotiations, the DGA and the Alliance of Motion Picture and Television included a contract provision requiring producer consultation with a director regarding adaptation techniques. Other copyright industries also rely on the marketplace and contractual agreements. H.R. 1248 is clearly a first step toward a moral rights regime which could stymie technological innovation, bring the disthbution of copyrighted works to a standstill and strike a devastating blow to the predictability and certainty that is critical to the copyright system. VI. ENACTMENT OF H.R. 1248 WOULD SET A TERRIBLE PRECEDENT WITH DEVASTATING IMPLICATIONS FOR THE US. COPYRIGHT COMMUNITY. A motion picture is a collaborative effort derived from the creative energy of multiple parties. Similarly, books, magazines, sound recordings, newspapers, databases 10 OQ_oe"y Qc c