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the highest-quality digital versions of the an will likely require accessing the collection (at a cost) and taking digital photographs of the works of art (also at a cost) If users of the encyclopaedia can copy an individual, public domain work of art from the encyclopaedia without risk of infringement, the economic incentive to include that work in the encyclopaedia is greatly reduced Without sufficient economic incentive to distribute works (in the form of some guarantee of exclusivity), distribution of such works will decrease.
(b) Stimulation of the creation of derivative works
An author's incentive to create derivative works based upon pre-existing works is greatly increased if the underlying works are protectible. If a film company wishes to re-make and re-release a classic film, and invest the huge sums in production in marketing, its revenues could be jeopardized if theatre operators "piggy back" on the marketing of the re-make by wide-spread screening of the original The film producer would lose revenues in the form of lost sales of tickets to the re-make, and would not be entitled to copyright royalties for the screenings of the original Extended copyright terms would encourage the creation of all types of derivative works, such as films based on plays and books, derivative works of art. and music remakes The release of re-makes create renewed public awareness and discourse about the work, as well as result in more choice These are benefits which would be discouraged if the profit incentives to create derivative works is undermined by loss of copyright protection for the original
Accordingly, an extended term of protection results in increased incentives to create new works of authorship, including derivative works This increased incentive results in more works available to the public, and a concomitant fulfilment of the Constitution's mandate.
(c) Elimination of detriments from EU-US disharmony
The U.S. public could be qualitatively (as well as quantitatively) disadvantaged by failure to adopt the Extension Act By operation of the rule of the shoner term treatment in the EU, if the US fails to adopt the extended term, authors will have a strong incentive to publish their works first in an EU country and delay publication for thirty days in the U.S. Because the EC Term Directive entitles works of EU country of origin to benefit from the directive's longer terms, authors will have a great incentive to first-publish in the EU "'' The possible number of creators who will take advantage of this incentive could be
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