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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405 intellectual property paradigm not rooted in the exclusive rights Bodel typical of the patent and copyright paradigms, even as it struggles to perfect these S2une paradigms with respect to their traditional objects of protection . "** Any decision to increase the term of copyright protection as an instance of cultural policy should thus trigger a searching investigation into the limits of cultural policy in an Age of Information. If this investigation then leads to the elaboration of new protective schemes that can cure market failure without erecting new barriers to entry, it would ultimately free U.S. innovation law from the grip of undemocratically appointed foreign bureaucrats who have surrendered to sectoral protectionist demands. This, in turn, could help to ensure that American innovation law continues to help American innovators to lead the way into a complex technological future. C. Specific Recommendations The foregoing analysis suggests that enactment of H.R. 989 in its present form would be premature and counterproductive. Proposals to lengthen the term of copyright protection for works made for hire seem paurticularly inopportune, although Congress should give further study to the possibility of prolonging the "" See generally. Reichnan, Legal Hybrids, supra note 4, at 2520-2557 ("Portable Trade Secrets"); see also Samuelson et al.. Manifesto, supra note 4, at 2413-2430.