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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398 the goal of rapidly ellninating trade distortions arising froB different levels of protection in the Community at large without curtailing rights previously acquired \inder the most deviant domestic lavs.'" Once Germzmy, and to a lesser extent, France, had haphazardly moved to longer periods of protection,"^ the technical ground rules of market integration thus led to an upward harmonization, despite widespread recognition that, on the merits alone, the German and French leads were examples of what not to do."' Indeed, a more enlightened view might have installed an additional twenty-year domain publique pavant. during which period users would enjoy free access to works that had otherwise entered the public domain on condition that they paid equitable compensation directly to authors, but not to publishers."' Needless to say, the publishers' lobby defeated this sensible proposal and beat back a last minute push to retain the llfe-plus-flfty formula as well. '" See, e.g.. E.G. Directive, supra note 6, Preamble, items (9), (18); Cohen Jehoram, supra note 39, at 834-35 (choice of seventy years p.m. a. "justified/. . ./by the aim of all the harmonizing effort, neunely the realization of the Internal market"); von Lewlnski, supra note 35, at 834-36. "* See generally. A. Strowel, supra note 38, at 600-01, 602-05, 623-27. '" See, e.g.. id. , at 624-27; von Lewlnski, supra note 35, at 788-90. "* See, e.g.. von Lewlnski, supra note 35, at 789-90, 790 n. 23 (approving this proposal, but noting that the Commission's earlier proposal to this effect in 1980 had been rejected) ; see alSfi Rlcketson, supra note 70, at 784 (endorlng this scheme) ; Statement of Pa try, supra note 95A.