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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218 available than works protected by copyright. One reason quality copies of public domain works are not as widely available may be because publishers will not publish a work that is in the public domain for fear that they will not be able to recoup their investment or earn enough of a profit. There is also no evidence that once a work falls into the public domain that the work will be less expensive than its copyrighted coimterpart. In fact, the public frequently pays the same for works in the public domain as it does for copjoighted works. Thus, the public may benefit little from a shorter term. The only parties that benefit from a shorter term are the parties who exploit public domain works. An argument could be made that these individuals are not deserving of the commercial windfall from a shorter term as they have not created any new works for the public's benefit. If anyone is deserving it is the copyright owners because they or their assignors are the ones that have taken the time and effort to create new works for the public to enjoy. Opponents of H.R. 989 also suggest that an additional twenty years of protection as proposed will not be sufficient incentive to increase the number of works created. They contend that an author would create a new work regardless of whether the term is life-plus-seventy years or life-plus-fifty years. We believe that this contention misses the point. It is imlikely that an author would create a new work solely because the term was life-plus-seventy years but that very same author would not create a new work because the term would be only life-plus-fifty years. This, however, does not mean that the potential of greater rewards provided by a cop3Tight term extension would not be an incentive for some authors to create more new works for the public to enjoy.