We use Optical Character Recognition (OCR) during our scanning and processing workflow to make the content of each page searchable. You can view the automatically generated text below as well as copy and paste individual pieces of text to quote in your own work.
Text recognition is never 100% accurate. Many parts of the scanned page may not be reflected in the OCR text output, including: images, page layout, certain fonts or handwriting.
600
14
older works may also be less.
Moreover, in calculating the net effect of extension, opponents omit one critical fact from the balance: the additional incentive of an extended term inures to the benefit of these second authors as well. They will enjoy copyright in their own derivative works for a longer period of time, and may therefore be spurred to create more. This added incentive for the creation of derivative works may be particularly meaningful for derivative works that require extensive investment to produce .
Any potential loss to the public in the creation of derivative works seems particularly negligible with regard to motion pictures. Motion pictures (which are almost always derivative works themselves) seldom serve as the underlying material for new derivative works. Their only common derivative use is in remakes, sequels, dubbed or colorized versions, and parodies. As to parodies, a parody targeting the original without taking more than is necessary to achieve its parodic purpose should qualify as fair use.^° As to remakes, sequels and dubbed or colorized versions, allowing continued control for 20 more years does not pose the same degree of harm as inhibiting the creation of other types of derivative works. Movie studios are actively engaged in producing such works whenever an audience exists, and the public does not seem in danger of deprivation. Indeed, more of these derivative works may be produced if the term is extended; a movie studio is unlikely to invest in a remake of a popular film when the copyright is close to expiring, leaving other studios free to produce their own remakes of the same film.
3 . Licensing problems
Finally, opponents argue that the licensing of works often poses practical difficulties, and that 20 years of additional protection will prolong those difficulties. The problem may be particularly acute today in light of new technology, such as the creation of multimedia works, which require multiple licenses for the use of portions of numerous underlying works. But these difficulties are a function of the copyright system in general, and will continue however long the copyright continues. They are not exacerbated by a longer term of protection. In fact, it seems less likely that creators of modern multimedia works will wish to use works so old as to be in their final 20 years of a 95-year term. Moreover, the difficulties should be eased by the development of more voluntary collective licensing mechanisms as
'" See Campbell v. Acuff-Rose Music. Inc.. 114 S. Ct . 1164 (1994) .