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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380 Nevertheless, one must concede that the drafters of the TRIPS Agreement may themselves have been motivated by unresolved conflicts concerning the application of Article 4,"^ and that the extent to which prior respect for regional arrangements In GATT practice will be carried over to Intellectual goods cannot accurately be foretold. ** If for these or other reasons, the rule of the shorter term — whatever Its legal foundation — should fall to survive an attack based on Article 4 of the TRIPS Agreement (an unlikely result In my opinion) , then the position of U.S. creators vis-a-vis their E.C. counterparts would become particularly advantageous in the absence of amendments like those contained in H.R. 989. In such an event, U.S. creators would obtain all the benefits of the longer terms of protection under the E.C. Directive without having to prolong the benefits afforded Community creators under the Copyright Act of 1976. To the extent that longer terms abroad resulted in overprotection of cultural goods tending to produce economic disutilities, as critics charge," American firms operating under more rigorous conditions at home night be in a position to supply more competitive products abroad. Conversely, foreigners operating •** See, e.g. . Flkentscher, supra note 53, at 140 n. 2 (reporting differences between representatives of the European Community, the United States, and Switzerland) . ** See., e.g.. Cohen Jehoram, supra note 39, at 826-27. " SSSU_S.jl3ju, Dennis S. Karjala et al.. Comment of U.S. Copyright Law Professors on the Copyright Office Term of Protection Study. 12 E.I.P.R. 531^ 532-38 (1994) [hereinafter Karjala et al.. £2I!m£nt] •