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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397 traditional literary and artistic works was the need to reconcile copyright law with the longer lives that authors and artists now expect to lead.'*" This apparently innocuous declaration has been net with almost uniform skepticism even by those commentators who otherwise congratulate the E.G. Commissioners on the success of their Directive."" Their derision stems in part from the realization that a prolongation of the author's own life automatically tends to offset some of the need for longer protection after death.*" Mainly, it stems from a nearly unanimous conviction that, despite the lofty position of authors in Continental copyright theory, it is their publishers who would normally expect to benefit from the lengthened term of protection in practice, as transferees of the authors' copyright interests."* The real motive for the Commission's Directive, and the reason it has elicited grudging approval, is that it reconciles "* See, e.g.. B.C. Directive, supra note 6, Preamble, item 5 ("average lifespan in the Community has grown longer, to the point where . . . [standard] term [of life plus fifty] is no longer sufficient to cover two generations"); von Lewinski, supra note 35, at 788-89 (citing legislative history). "" See, e.g.. id., at 788-90, 807; Cohen Jehoram, supra note 39, at 834-35 ("this argument is far from convincing"). "' See, e.g.. id. "* See, e.g.. von Lewinski, supra note 35, at 788 ("usually, assignment or transfer of copyright goes to an exploiting enterprise for the entire duration of protection") ; see also Rlcketson, supra note 70, at 768-69; Puri, supra note 70, at 17 ("The usual pattern is that the author seldom retains the copyright") .