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that, therefore, there can be no public benefit without public access. " Proponents assen that technological developments since 1976 have greatly increased the life of copyright property. They also note that some works may, through new uses, become hits late in life. "
b. Evaluation. There is a great deal of anecdotal evidence on both sides. Obviously some works have a much longer commercial life than others. Some works have a very short commercial life, e.g., novelty items; others, such as computer programs, will have a relatively short life, while othen, such as music, may have a very long commercial life. Moreover, technological developments clearly have extended the commercial life of copyrighted works. Examples include videocassettes, which have given new life to movies and television series, expanded cable television and satellite delivery, which promise up to 500 channels thereby creating a demand for content, the advent of multimedia, which also is creating a demand for content, and the network phenomenon, i.e., the global information highway.
The question is who should benefit from these increased commercial uses? Much creative effort and significant capital investment went into the creation of copyrighted works which now have an extended commercial life. It seems only fair that the authora and owners of these works should be the beneficiaries as long as the term of protection does not violate the limited times provision of the Constimtion. Increased income to publishers helps to subsidize the creation of new works, which is of bene^t to the public. Thus, as long as copyright owners take the increased income and use it for the public benefit, such as in the creation of new works, the constimtional goals are met
The faa that many works have an economic life that is relatively short is not an argument in favor of a shorter tens. For such works a lengthy term of exploitation is immaterial. One of the commentators suggested there should be a different term for categories that do not require such lengthy
" Comment 97, at 10 (CFPPA).
" S«e Comment 6, at 2 (SGA).
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