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301(c) exclusion from Copyright Act preemption for sound recordings made before February 15, 1972 to February 15, 2067 The amendment would also extend the exclusion from copyright protection for pre-February 15, 1972 sound recordings to February 15,2067
4) Summary: Areuments for Adoption of the Proposed Copyright Extension Act
In analyzing the Copyright Clause in the Constitution, the Supreme Court emphasized that providing benefits to the public"' and advancing the public welfare"^ are the rationales behind this clause in the Constitution. An extension to the US copyright term would advance the public welfare by creating incentives to produce derivative works, and by increasing public access to existing works. The revision would further eliminate the rule of the shorter term detriments arising from the U S -EU copyright term disharmonies, achieve a major step forward in bringing U.S. law current with international norms, and protect the US economic trade dominance in copyright -based products.
(a) Increased incentive to distribute pre-existing works
The increased term would increase the incentive to distribute pre-existing works If the Act is defeated, the scope of works actually accessible by the public could be lower as they fall into the public domain, without adequate protection against infringement, there is little economic incentive to distribute such works It is well recognized that copyright provides incentives for distribution of works. Representatives from the Motion Picture Association of America deemed public domain works "essentially worthless.""' Representatives of the National Music Publishers Association also cited the public domain status of a work as a disincentive to distribution "'' If two of the major industries responsible for distributing copyrighted works — films and music believe the public domain status creates disincentives to distribute, can be concluded that distribution of at least those types of works will decrease
The example given previously regarding the multimedia encyclopaedia containing individual, public domain works of art, writings, and music is also a relevant example here. Suppose a company wishes to digitize an art collection contained in a museum Producing
"-"'Fox Film Conwrnlion v DovnI. 286 US I2.v 127 (l';32)
"•^Ma/erv Stem. 437US 201 (1954)
' ' ^"Copvnghi Office Hearings Held on Possible EMcnsion of Copvriglil Term." 46 PTCJ 466 (1995).
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