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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360 noncopyrlgh table, subpatentable forms of innovation/ At the sauna time, legitimate concerns about the proper degree of incentives for new technologies and about the proper means of regulating new modalities of diffusion tend to obscure the enduring problems and tribulations of this country's traditional artists and creators, whose livelihood and ability to care for their families literally depends on the cultural policies embodied primarily in our domestic copyright law.^ Balancing both sets of concerns in the long-term public interest of the United States will not be em easy task under the best of circumstances. My goal here, as an academic advisor, is to try to shed some neutral light on these issues without engaging in the polemical debates of those whose immediate interests are at stake. To this end, my statement first establishes the extent to which current U.S. copyright law substantially complies with the elevated international minimum standards that issued from the * See generally J.H. Reichman, Legal Hybrids Between the Patent and Copyright Paradioms. 94 Columbia L. Rbv. 2432 (1994) [hereinafter. Legal Hybrids! ■ J.H. Reichman, Charting the Collapse of the Patent-Convright Dichotomv; PrgmJg?? t<?V a Restructured International Intellectual Property System. 13 Cardozo Asts & Entertainment L. J. 475 (1975) [hereinafter. Collapse of the Patent-Copvriqht Dichotomy 1 ; see also Pamela Samuelson, Randall Davis, Mitchell D. Kapor, & J.H. Reichman, A Manifesto Concerning the Legal Protection of Computer Programs. 94 Colombia L. R. 2308 (1994) [hereinafter Samuelson et al. . Manif estol . ^ See, e.g., H.R. Rep. No. 1476, 94th Cong., 2d Sess. 134 (1976) (stressing that a term of copyright protection lasting for an author's life plus fifty years was justified, in peurt, because the term \inder the 1909 Act was too short "to insure an author and his dependents the fair economic benefits from his works") .