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b. Evaluation. Although it is clear that the existing term is long enough to take care of works that achieve commercial success early, most works do not fall into that category. As discussed earlier, a number of works, especially serious ones, may never recover what it costs to produce them. A number of authors may spend a great deal of their life working on books that never gamer much income. In order for authors to keep writing, they must be supported by publishers. In order for publishers to keep publishing these less popular authors, there must be sufficient reason to believe that they can recover their investments on other works.
For these reasons, H.R. 989 would provide additional money that could be used to invest in works by untried authors or serious works. Dissemination of such material does benefit the public.
4. Harmonization.
Harmonization of national copyright laws provides "certainty and simplicity" in imemational business dealings. It also brings about a fairer and more equitable result. In 1976 the U.S. adoption of a term of life plus SO was a move toward international harmonization. At that point, life plus SO years was the standard in the Berne Convention, and the vast majority of countries had already adopted this term. Although there were countries that had longer terms, there was no significant movement internationally toward a longer term. Now there is such a movement, albeit limited at this time to Europe. a. Aryuments. Opponeius argue that the Berne Conveiuion and the GATT TRIPs agreement only require a term of life plus 50, and that this standard will not be raised without the United States. " Therefore, the United States should not increase its teniL Proponents of copyright term extension argue that the EU Directive on Term once again creates a significant difference in the term of protection in a number of important, industrialized countries. '°° They argue that the term should be
" Comment 19, at 13 (Law Professors).
'*■ Sec e.g.. Comment 99. at 7, 8 (NMPA).
dirr'dunnonloc
July II. 1995 ' • . 35