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Rh of an additional 14 years if the author was still alive at the expiration of the first term. This expansionistic course does not appear to be interrupted or reversed and the line between temporary and perpetual protection is blurred. The words of Lord Kames, discussing the booksellers’ request for a perpetual common law right on the printing of books a couple of centuries ago, act as a powerful warning from the past: “[i]n a word, I have no difficulty to maintain that a perpetual monopoly of books would prove more destructive to learning, and even to authors, than a second irruption of Goths and Vandals”.

Recently, an extension of the term of protection for performers and sound recordings has been adopted by the European Parliament. Communia is opposing any such re-adoption and asking the Member States not to implement the directive. Extending the terms of protection for related rights endangers a valuable public domain, as argued by Stef van Gompel at the second Communia workshop. Communia Policy Recommendation #2 asked for the withdrawal of the proposal of the directive later adopted. In particular, Communia is challenging the appropriateness of any retroactive extension of the copyright term. It opposes any blanket extension of copyright and neighbouring rights, as detailed in Communia Policy Recommendation #1 and #2. Once the incentive to create is assured, any extension of the property right beyond that point should at least require affirmative proof that the market is incapable of responding efficiently to consumer demand.

The most palpable example of the destructive effect of copyright extension on our cultural environment is the case of orphan works. Orphan works are those whose rights-holders cannot be identified or located and, thus, whose rights cannot be cleared. Publishers, film-makers, museums, libraries, universities and private citizens worldwide face daily insurmountable hurdles in managing risk and liability when a copyright owner cannot be identified or located. Too often, the sole option left is a silent unconditional surrender to the intricacies of copyright law. Many historically significant and sensitive records