Copyright term, film labeling, and film preservation legislation : hearings before the Subcommittee on Courts and Intellectual Property of the Committee on the Judiciary, House of Representatives, One Hundred Fourth Congress, first session, on H.R. 989, H.R. 1248, and H.R. 1734 ... June 1 and July 13, 1995 (1996)

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192 protection. '* In fact the Berne Convention does allow a shoner tenn for photographs, works of applied an, and cinematographic works. However, the United States, unlike some other countries, has never differentiated copyright term on the basis of the category of the work, and we are not advocating such an approach. Another concern that must be addressed and that is reflected in the letter of the library associations to Chairman Moorhead, is that where a work no longer is commercially exploitable, we must ensure that it is still accessible. '^ This is an issue today with our current terms of protection. It is an issue that would be made worse by H.R.989. Creative ways must be found to deal with this issue. Librarians, educators and historians have traditionally opposed any extension of the copyright term; however, library associations are not opposing this bill per se. No one is trying to deny economic reward to creators of works that are capable of and are being commercially exploited. Rather they are asking that their legitimate concerns be addressed. Ideas and facts are in the public domain, and fair use and certain exceptions allow students, patrons of libraries, scholars and researchers to make certain uses of copyrighted works. But as we move to a digital environment, it is unclear how all this will play out. Key issues today include preservation of materials in both facsimile and digital formats and guaranteeing access, including electronic access, to copyrighted works. There is a critical need to improve American education. Libraries, tike the Library of Congress through its National Digital Library efforts, are anempting to bring unique copyrighted materials to the American educational community. The Library of Congress has been diligent in seeking copyright permissions for its Digital Library projects. However, it is exceedingly difficult to determine the " Ricketson supra note 60. at 770-1. " See supra note 80. dirr\(lunaon.loc July 11. 1995 31.