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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381 under an overly protective regime at home night find their products less competitive on the relevant market segments in this country . ** If, instead, the European Community continues to apply its comparison of terns clause against U.S. creations notwithstanding Article 4 of the TRIPS Agreement, then Congress should defensively proceed to enact a domestic version of that seune rule, as suggested above. It would also justify further investigation of the desirability of enacting amendments like those in H.R. 989, in response to the European Union's use of "the comparison of terms as a means of persuading third countries to extend their terms of protection and thus Inprove their level of protection."" B. The Tern of Copyright as Cultural Policy The pros and cons of prolonging the tern of copyright protection are eunply expounded in the literatxire and in various statements teJcen at these Hearings, and I will not exhaustively ** Cf . J.H. Reichman, Intellectual Property in International Trade; Opportunities and Risks of a GATT Connection. 22 Vand. J. Transnat'l L. 747, 844-48 (1989) ("functional inplications of non-reciprocity") [hereinafter GATT Connection] . " von Lewinski, supra note' 35, at 803. 23-267 96-13