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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388 ■oves for its further extension."** In practice, a life plus fifty formula derogates from both the natural property rights thesis, which argues for perpetual protection on a par with the treatment of tangible property, and from the incentive rationale for copyright protection, which posits that free competition should only be curtailed for the minimum period needed to overcome the public goods problem inherent in intellectual creations generally.** Among the various justifications for this standard that have been put forward, the most generally accepted and least controversial is that an author should have the possibility of providing for himself during his own lifetime and then for his immediate dependents.*^ Thereafter, the balance tips in favor of free access to the public domain for later authors who benefit from those who preceded them.** ** Sam Rickbtson, The Bermb comveiitkm for the Protectioii or LITEBART AMD ARTISTIC WORKS: 1886-1986, at 323 (1987); see also A. Strowel, supra note 38, at 623-24. ** See, e.g.. Ricketson, supra note 70, at 754-56, 763-67; Collapse of the Patent-Copvriaht Dichotomy, supra note 4, at 48587; B?g fllsp William M. Landes & Richard A. Posner. An Economic Analysis of Copyright Law. 18 J. Legal Stud. 325 (1989); Wendy J. Gordon, An Inouirv into the Merits of Copyright; The Challenges of Consistencey. Consent, and Encouragement Theory. 41 Stan. L. Rev. 1343, 1351, 1413-63 (1989). " See, e.g.. Ricketson, supra note 70, at 761-62 (noting that the fifty year term rests on anecdotal but not scientific evidence) ; see also Theodore Limperg, Duration of Copyright Protection. 103 R.I.D.A. 53, 68-69, 72-77 (1980); Zecharia Chafee, Jr., Reflections on the Law of Copyright. 45 Colom. L. Rev. 503, 507-08 (1945). *• See, e.g. , Jessica Litman, The Public Domain. 39 Emory L.J. 965 (1990); David Lange, Recognizing the Public Domain. 44 LAW & Contemp. Probs. 147 (1981). See also R. Anthony Reese,