Professor Gunnar Karnell Professor Gunnar Karnell, a national of Sweden, is Professor of Intellectual Property Law and Head of the Department of Law, Stockholm School of Economics. Professor Karnell was born in Sweden in November 1934. He is the holder of a Doctor of Laws degree from Stockholm University. Professor Karnell is President of the Swedish Copyright Society and is an expert advisor to the Governmental Committee for the Revision of the Swedish Copyright Legislation. He is a Vice-President of the International Association for the Advancement of Teaching and Research in Intellectual Property (ATRIP) and of the Association Littéraire et Artistique International (ALAI). He is an expert member of the Legal and Legislation Committee of the International Confederation of Societies of Authors and Composers (CISAC) and a member of the Advisory Board of the Internationale Gasellschaft für Urheberrecht (INTERGU), as well as member of expert committees for computer software and semi-conductor design protection of the Association Internationale pour la Protection de la Propriété Industrielle (AIPPI). Professor Karnell is the author of numerous books and articles regarding intellectual property law as related to the development of media and technology. Mr. Jukka Liedes Mr. Jukka Liedes, a national of Finland, has been Special Adviser on Copyright Affairs at the Ministry of Education in Helsinki, Finland, since 1980. From 1970 to 1980 he was the Legal Adviser of the Finnish Composers' International Copyright Bureau (TEOSTO). He was Secretary General (from 1971 to 1973) and Chairman (from 1973 to 1980) of the Board of the Finnish Artists' and Phonogram Producers' Copyright Bureau (Gramex). Mr. Liedes was born in Finland in 1946. He received his LL.B. in 1969. Mr. Liedes has served as Chairman of the National Video Commission since 1982. He was Secretary of the Governmental Committee of Ministers on Mass Media Policy from 1983 to 1987, and Chairman of the Committee of the Nordic Countries on Satellite Broadcasting from 1984 to 1987. He was Secretary (from 1976 to 1984) and Chairman (since 1985) of the Government Copyright Committee. He is a member (since 1985) of the National Commission on Space Affairs and since 1987 he has been Vice Chairman of the National Mass Media Culture Commission. Mr. Liedes has been Chairman of the Finnish Copyright Society since 1985 and Chairman of the Finnish Computer Law Association since 1985. Mr. Liedes has also served as Chairman or member of several other bodies. Mr. Liedes has also written articles in periodicals and journals on copyright and cultural affairs. Mrs. Margret Möller Mrs. Margret Möller, a national of the Federal Republic of Germany, is Ministerialrätin (Ministerial Counsellor) in the Federal Ministry of Justice in Bonn, Federal Republic in Germany. From 1965 to 1968, Mrs. Möller served as a judge. From 1968 to 1973, she was an official in the Federal Ministry of Justice, working in the field of international criminal law. Since 1979, Mrs. Möller has been in the Federal Ministry of Justice, in charge of copyright and publishing law. Mrs. Möller was born in the Federal Republic of Germany. She did her studies at the Universities of Hamburg, Marburg and London. She holds a degree in Law. From 1973 to 1979, Mrs. Möller served as legal advisor of the Christian Democratic party in parliament. She is the author of several articles on the subject of copyright law. Dr. Werner Rumphorst Dr. Werner Rumphorst, a national of the Federal Republic of Germany, has been, since January 1986, Director of the Legal Affairs Department of the European Broadcasting Union in Geneva, which he joined in October 1976. Dr. Rumphorst was born in the Federal Republic of Germany. He obtained his first (Referendar) and second (Assessor) law degrees and his Doctorate of Law in Munich. He also holds a degree of Master of Comparative Law (MCL) from the George Washington University (Washington, D.C.). For several years Dr. Rumphorst was a research fellow at the Max Planck Institute for Foreign and International Patent, Copyright, and Competition Law in Munich where he specialized in copyright law. From 1972 to 1976 he worked in the Legal Affairs Department of Süddeutscher Rundfunk (ARD), Stuttgart. Mr. Victor Tarnofsky Mr. Victor Tarnofsky, a national of the United Kingdom, has been, since 1981. Assistant Comptroller, in charge of intellectual property policy, at the Industrial Property and Copyright Department Registry of the Patent Office in London, United Kingdom, which he joined in 1954 as a patents examiner. Mr. Tarnofsky was born in London, England, in 1931. He holds a Master of Arts degree from Cambridge University. Mr. Tarnofsky is a member of United Kingdom delegations concerned with the revision of the Paris Convention, the setting up and functioning of the European Patent Office, the Community Patent Convention, the Community Trade Mark, and various WIPO and UNESCO meetings on copyright questions. From 1981 to 1983, he was Chairman of the Intergovernmental Committee of the Rome Convention; he is currently Chairman of the Berne Union Executive Committee. Professor Dr. Dirk W.F. Verkade Professor Dr. Dirk W.F. Verkade, a national of the Netherlands, has been a full professor in the Faculty of Law at the Katholieke Universiteit, Mijmegen, the Netherlands, since 1980, before which he was Deputy Professor for six years. Dr. Verkade was an Attorney at Law in Amsterdam from 1973 to 1975 and again from 1978. Since 1980 he has been a partner of Stibbe, Blaisse and De Jong. From 1974 to 1987, Dr. Verkade served as Deputy Judge of the District Court of Arnhem. Since 1986 he has served as Deputy Judge at the Court of Appeals of Arnhem. Dr. Verkade was born in 1944. He did his legal studies at the University of Amsterdam (Dr. Jur.) and at Leyden University (LL.M). Dr. Verkade is a member of the Board of Editors of Bijblad Industriele Eigendom (BIE) ("Industrial Property Review"), Informatierecht (AIM) ("Information Law") and Computerrecht ("Computer Law"). Dr. Verkade is the author of several books on intellectual property and unfair competition law, including Auteursrecht ("Copyright Law") (1985) (of which he is co-author, with Dr. J.H. Spoor) and Ongeoorloofde Mededinging ("Unfair Competition"), Second Edition, 1986. Mr. Jean-Alexis Ziegler Mr. Jean-Alexis Ziegler, a national of France, has been Secretary-General of the International Confederation of Societies of Authors and Composers (CISAC), since July 1970. He was Assistant Secretary-General, from October 1966, and Assistant to the Secretary-General, from October 1959. He served as attaché to the copyright and information divisions of the United Nations Educational, Scientific and Cultural Organization (UNESCO) in 1956. Mr. Ziegler was born in Paris, France, in 1932. He is the holder of the degrees Doctor of Laws and Master of Political Sciences. Mr. Ziegler is a Lieutenant Commander in the naval reserve, having served in the French navy from Arpil 1957 to June 1959. APPENDIX IV.-FURTHER MATERIALS FROM WITNESSES 1. MATERIALS SUBMITTED BY HON. RALPH OMAN The Register November 15, 1985 COPTRIGHT LIBRARY CONGRESS Department Washington 20540 The Honorable Robert W. Kastenmeler Subcommittee on Courts, Civil Liberties and the Administration of Justice 2328 Rayburn House Office Building Dear Mr. Chairman: Although the bulk of my first weeks at the Copyright Office have been taken up with administrative matters and preparing for three hearings and the WIPO integrated circuits meeting, the question of United States adherence to the Berne Convention has intruded itself in a number of uncoordinated ways. Because this question concerns first and foremost the kind of copyright law that is appropriate for our own national needs, and only secondarily the technical alteration of the basis for protection of United States works abroad, I want to orient the Copyright Office as closely as possible with the needs and policies of the Congress. Specifically, I want to discuss the work of the Ad Hoc Working Group on Adherence to the Berne Convention ("the Group") -- a private sector advisory group set up through the auspices of the State Department's International Copyright Advisory Panel. I hope that at some point we can meet and discuss both the Group's work and what further steps, if any, you might want the Copyright Office to take in support of the needs of your Subcommittee. I have also written to Senator Mathias in the same vein. At this point, I sense a need to move the Berne question into a larger forum, which would permit critical analysis of the pros and cons of Berne membership tested against the overall public interest. I have looked at the various working papers of the Group and have spoken with a number of its members. I have concluded that they have made an honest effort to identify the whole range of issues that Congress will want to consider in fashioning implementing legislation, should a decision be made to seek adherence to Berne. Some may disagree with their analyses of the issues; some may identify other issues. The working papers are not complete pieces of legal research that make specific recommendations on any issue; rather, they merely make an informed statement of those issues. In that sense, they are a beginning. They ask the right questions, and they are not part of a juggernaut that will carry us relentlessly into the Berne Union whether we like it or not. As the draft report makes clear "[t]he Group does not make any recommendations for revisions of U.S law...." The Honorable Robert W. Kastenmeier - 2 November 15, 1985 The Copyright Office has sat in on the sessions of the Group, along with State and Commerce (although Commerce was not represented on any meetings beyond the second). The Register is the co-chairman of the State Department's International Copyright Advisory Panel, and hence Mr. Curran deemed our ex officio role on the Working Group appropriate. Beyond that, Mr. Curran felt that, given the Library of Congress' deep interest in the registration and deposit systems as the principal means by which the Library develops its collection, we were a material "stakeholder" in this matter. I venture that the almost total confidentiality with which the Group chose to conduct its work engendered unnecessary suspicions. To a degree, I sympathize with the preference of these pro bono authors to make sure that their collective work was more or less a finished product before release, so that the members would feel free to kick around half-baked ideas. I hope an examination of their draft will lay to rest the suspicions. Last week, when the Group, through Harvey Winter and Irwin Karp, asked me if the Copyright Office would assist in the distribution to the public of the draft report, I agreed in principle, with the caveat that I first wanted to discuss the matter with both oversight Subcommittees. I have modified their original proposal, to make it more compatible with the Copyright Office's "honest broker" role. The tentative proposal is as follows: 1. The Copyright Office will provide to the House and Senate copyright Subcommittees as many copies of the draft report as they may desire in order to permit them to distribute the draft report to groups and individuals. 2. The public will be informed of the availability of 3. Everyone receiving a copy of the Report will be invited to comment on any aspect of any chapter of the study. The Copyright Office, through the State Department, will obtain copies of comments and make the comments available for public inspection as an official part of the record. We would want to keep a record of all responses, whether directed to the Authors' League, other agencies and House and Senate staff. The complete public response is itself a basis for the Congress to consider whether and how to proceed further. The Honorable Robert W. Kastenmeier - 3. November 15, 1985 It seems to me that this procedure will expand public participation in what might otherwise have been a purely governmental exercise within the Executive Branch, e.g., the circulation of the draft report only to the members of the International Copyright Advisory Panel. It seems to me particularly important to get an agency directly accountable to the Congress involved in the collection of public comments. I am therefore persuaded that once the process is complete, you will find the Report and the comments useful to your Subcommittee in your consideration of the larger issue -- whether or not any purpose would be served in moving forward in the study of the pros and cons of adherence to the Berne Convention. If you think otherwise, please let me know. Finally, I want to underscore the one point that, as Register and as Chief Counsel to the Senate copyright Subcommittee, represents my settled opinion: I could not and would not support adherence to the Berne Convention without implementing legislation. Further study may settle the frankly novel question of whether or not some provisions of the Berne Convention are self-executing. If certain provisions were self-executing, we could run the danger of disrupting settled compromises embodied in the 1976 Act. Congress must in any case effectively ensure that the Berne Convention is not to be accorded a self-executing effect by our courts, nor its provisions applied except insofar as affirmatively and expressly legislated by Congress. The alternative risks a substantial dilution of the Congressional power under the Constitution to legislate in copyright matters. This power must not become an aspect of the President's treaty-making authority, which may be influenced by too great a sensitivity to the economic interests of our copyright exporters abroad than to the overwhelming need to balance proprietary and public interests in art and information within a free society. time. I would be pleased to discuss these matters with you at any Sincerely, 100 Ralph han Register of Copyrights |