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)

Record Details:

Title:
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
Date:
1996
Publisher:
Washington : U.S. G.P.O. : For sale by the U.S. G.P.O., Supt. of Docs., Congressional Sales Office
Volume:
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
Leaf #:
000397
Language:
English
Subjects:
Copyright -- United States, Copyright -- Motion pictures United States","Motion pictures -- Labeling United States","Motion pictures -- Conservation and restoration United States
Collection:
Books and Government & Law
Format:
Books
Contributor:
Boston Public Library
Sponsor:
Kahle/Austin Foundation and Omidyar Network
Coordinator:
Media History Digital Library
Description:
Date Added:
July 19, 2022
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389 \ In other words, despite the persistent claims of lawmakers, administrators, courts, and commentators, that United States copyright law rests on the utilitarian theory of protection, that theory will no more account for all the peculiarities of developed copyright systems, ours Included, than natural rights thinking and the protectlon-of-personality principle still prevalent in Europe: For example, incentive theory cannot explain the moral rights. . .that prevent even one who has paid to commercialize an author's work from doing so in a manner that could prejudice the author's honor or reputation." Nor will incentive theory adequately explain such paternalistic measures in American copyright law as the right to terminate transfers'** or even the long period of protection, which enables living authors and their immediate heirs to partake of revenues generated many years after the creation of their works. The incentive theory of copyright protection thus tends to underestimate the extent to which all states, to varying degrees, have deliberately subordinated efficiency to other cultural policy goals in the market for traditional literary and artistic works . *• Acknowledging that copyright laws represent cultural policy does not lessen their importance as providers of incentives to Reflections on the Intellectual Commons; Two Perspectives on Copyright Duration and Reversion. 47 Stan. L. Rev. 707, 717-19 (1995) (discussing tensions in 1976 Act) . " See, e.g.. 17 U.S.C. 106(A), as amended by the Visual Artists Rights Act of 1990, Pub. L. 101-650, 104 Stat. 5128; see also W.R. Cornish, Intellectual Property: Patents, Copyright, Trade Marks, AND Allied rights 309 (2nd ed. 1989) . ** See 17 U.S.C SS203, 304(C) (1988). " J.H. Reichman, Goldstein on Copyright Law: A Realist's Approach to a Technological Age. 43 Stan. L. Rev. 943, 947-48 (1991) [hereinafter Realist's Approach"). See also Hamiliton, supra note 73, at 98-109.