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estimated by observing the number of creators who utilized the "back door to Berne" method of simultaneously publishing a work in the U.S. and a Berne country.'" Additionally, authors will be encouraged to delay their U.S. publication to avoid having a U.S. country of origin, with its resultant world-wide shorter copyright terms "'
The potentially real effects of this incentive should not be ignored Any delay in US access to works hinders the progress of the arts in the US: lack of immediate access to new works would deprive the U.S. public of the ability to effectively participate in the world-wide discourse that shortly follows the introduction of important new creative works, reduce its ability to make ground-breaking independent judgements on the new works, and disadvantage its creation and marketing of new—equally copyrightable— works, such as news programs, parodies, commentary, etc
(d) Increased U.S. economic dominance
It has also been argued that because the US copyright system has resulted in a U.S. dominant economic position in copyright-based products, it should only be revised if adequately justified.'^" It is erroneous to attribute US. economic dominance in copyright-related trade solely to the copyright laws, and is further problematic to argue against a change based on a quantitative and not qualitative analysis of a new law's effect. In fact, the proposed change would protect the US trade dominance in intellectual property-based products, while providing the advantage of qualitatively improving the works of authorship available to the public
The US is, economically, the undisputed worid leader in the export of copyright-based products '^' A large contribution to the positive trade balance is a result of export of films and computer software However, the preeminence of the U S in the fields of literature and the visual arts has not been demonstrated While it can be agreed that the European
"*This of course would need lo be adjusted for ihe fact that certain creators will not wish to delay U.S.
publication and thus delay b>' 30 days the profits to be gained in (he US market.
' "Admittedly, the EU will not apply the rule of the shorter term against its own nationals; however, it
may against authors of other countries of ongin Moreover, EU authors may still wish to avoid a U.S.
origin to avoid the shorter-term detriments in other countries An alternative means for a US to enter the
"back door to EU" would be for the author to establish his or her habitual residence (or domicile) in an EU
country. While the number of US authors who would expatriate to Europe, and the resulting harm to the
US public may not be readily quantified, this cffea of permitting the discrcpnncics in terms should be
noted
'""Comment, supra note 106
'^'Sen. Rep 100-352 (1988)(commems by Sen Byrd regarding the 19X7 $1 5 billion trade surplus in
copyright-based products)
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