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derivative works decreased following term extension in 1976. In looking at the current entertainment industry, one sees a large number of remakes regardless of whether the work is based on a public domain work such as Linle Women or a licensed version of a more recent title such as the Broadway show, "How to Succeed in Business Without Really Trying." "
Mainuining and enhancing the health of our copyright industries should be viewed as being in the public interest. Historically, Congress on numerous occasions has rejected the notion that thrusting works into the public domain premanirely is a positive thing, and the law has been amended many times to reduce this possibility. The 1992 amendment providing for automatic vesting of copyright renewal is a recent example. The Copyright Office believes the same principle applies to this term extension.
There are some costs to term extension, however, and they must be weighed against the benefits. While it does appear likely that as a result of term extension, sonoe items may become more expensive, the impact on individual consumers should be minimal. ''* When it comes to choosing whether to protect authors or slightly decrease costs associated with making materials available, the balance should be in favor of authors. "
(ii) Tjmitfd times. Unlike other countries which have no similar requirement, the United States Constitution provides that copyright shall be for "limited times." Determining what the appropriate term of copyright should be and what "limited times" means is extremely difficult There is no guidance — only the history of how Congress interpreted that mandate. Nor is the criteria to be used in deciding the term clear.
^' Interestingly enough although opponents assert that 'It's a Wonderful Life' became popular because it went into the public donuun. 'Miracle on 34th Street' is equally popular and it is aoi in the public domain.
' Companies wbich are dedicated to exploiting public domain material are affected by term extension. No matter what the term is, however, some works will enter the public domain each year.
^ S^ Si. Barbara A. Ringer, The Demonologv of Copyright Second of the R.R. Bowker Memorial Lecnires New Series (New York 1974).
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