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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522 the public domain are of great educational and historical importance and may be used in creating new works. Opponents of H.R. 989 will also argue that tenn extension merely protects distant relatives of original creators and a handful of large production and publishing companies, without any benefit to the public. When copyright subsists long after an author's death and there is no provision for compulsory licensing, the creation of new derivative works that closely resemble the original can be prohibited by copyright owners who have no creative relationship to the work. Because the original author is already deceased when the copyright expires, a 20 year extension grants no more incentive to a creator to proftt from his or her work, yet the public domain is unjustifiably contracted. Opponents will further argue that extension of the copyright term for U.S. copyright owners will not bring about harmonization with the EU Directive because copyright protection is viewed differently under EU and U.S. law. In EU countries, copyright law is based on a natural rights tradition where ownership rests with the creator and not a company such as in a work-for-hire situation in the U.S. Thus, extending work-for-hirc protection in the U.S. to 95 years will only protect the companies holding the copyrights and not the creators of the work, depriving the public access for the benefit of production companies and publishers.