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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601 15 well as technological solutions. This problem too should be less serious in the context of motion pictures. These works are relatively painless to license. They are generally owned by movie studios, which are centralized in location, legally and financially sophisticated, and well equipped to handle licensing in an expeditious manner. Conclusion Extension of term, like any grant of copyright, will bring about both positive and negative consequences from the perspective of the public interest. U.S. copyright law reflects a judgment that the benefits to the public from protection outweigh the costs during the current copyright term, resulting in the progress of science and the arts. The question is whether this balance will shift when the increased marginal benefits and costs of an extra 20 years are added to both sides. As a matter of domestic policy, the arguments on both sides of the debate could be made about any extension of term; the E.U. directive throws onto the positive side of the scales the weight of international considerations. In the past, weighing the pros and cons. Congress has repeatedly made the judgment that a longer period of protection was justified. The same concerns apply today, including the concern of the Congress that enacted the 1976 Act that consistent copyright terms are critical in a global marketplace. While extension of term offers benefits for all copyrighted works, different categories of works may present benefits and drawbacks of differing degrees. In particular, the benefits to the public from extension of copyrights in motion pictures appear to be relatively high and the drawbacks relatively low. Because motion pictures are one of the categories of works most likely to retain value after the expiration of the current copyright term, this positive impact should be considered as a factor in the overall legislative balancing.