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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383 TRIPS Agreement become chimerical. Indeed. In principle, of course, H.R. 989 would harmonize the basic term of copyright protection applicable to traditional literary and artistic works as between two major trading blocks, the European Union and the United States, and this could, perhaps, pave the way to its adoption in the NAFTA context as well. In terms of economic effects as distinct from conceptual formalism, however, this apparent uniformity is offset by the divergent terms of protection that the U.S. and E.U. would continue to afford rightholders in sound recordings, cinematographic and audiovisual productions, computer programs, and in the bulk of all works made for hire. Including those within the categories listed above, whether employee-authored or merely deemed the products of corporate legal responsibility.''^ The pending E.G. Directives on databases and Industrial designs could fvirther deepen these differences.^^ In a larger perspective, a true harmonization exercise requires "horizontal levelling" between participating states to reduce the substantive legal and philosophical differences that " See supra text accompanying notes 14-19, 36-44. For the view that the works-for-hlre category has greatly expanded under the copyright Act of 1976 and that this undermines the classical assumptions of the Berne Convention, see Marcl A. Heunllton, Appropriation Art and the Immanent Decline in Authorial Control Over Copyrighted Works. 42 J. Copyright Society USA 93, 98110 (1994). ^ See supra notes 40-41 and accompanying text.