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MECHANICAL LICENSE

545

recognition of the more important moral rights." It is also worth noting that similar mechanical licenses exist in other countries-including the United Kingdom and West Germany-which were expressly cited at the 1967 Stockholm Conference of Berne members as a model for the present text of Article 13(1)."

12. Section 115(a)(2) provides that "[a] compulsory license includes the privilege of making a musical arrangement of the work to the extent necessary to conform it to the style or manner of interpretation of the performance involved, but the arrangement shall not change the basic melody or fundamental character of the work...." 17 U.S.C. § 115(a)(2) (emphasis added). This provision appears to satisfy the moral right to object to distortion, mutilation, or modification of the underlying musical work. The other aspect of the moral right—the right of authorship-is discussed in Chapter 6 of this Report.

13. See S. Bergstrom, Report on the Work of Main Committee 1 1 236 (1967) (the "Stockholm Report"); S. Stewart, supra note 10, at 115. The Stockholm text of Article 13(1) was confirmed at the 1971 Paris Conference, which established the most recent text of Art. 13(1). See WIPO Guide, supra note 5, at 1 13.6.

Lotus

February 10, 1988

United States House of Representatives
The Honorable Robert W. Kastenmeier
Committee on the Judiciary

Washington, D.C. 20515

Re: Berne Convention

Dear Representative Kastenmeier:

Lotus Development Corporation supports the adoption of the Berne Convention. We think that adherence to Berne would improve the protection of intellectual property across the world. Lotus has been on a world-wide campaign with other software companies to combat piracy of software products, and it would strengthen our campaign if the United States adhered to the Berne Convention. Moreover, American adherence would give the United States a voice and veto in an organization that will be dealing with important questions that affect the competitiveness of American industries which depend upon copyright protection.

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Lotus Development Corporation 55 Cambridge Parkway, Cambridge, Massachusetts 02142 617 577-8500

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HBJ

HARCOURT BRACE JOVANOVICH, INC.

1666 CONNECTICUT AVENUE, N.W., WASHINGTON, D.C. 20009 TELEPHONE: 202-387-3900

MARSHA CAROW

VICE PRESIDENT

February 10, 1988

The Honorable

Robert W. Kastenmeier

U.S. House of Representatives

2328 Rayburn House Office Building Washington, D.C. 20515

Dear Representative Kastenmeier:

As one of this nation's and indeed the world's largest publishers, Harcourt Brace Jovanovich urges you to support legislation implementing U.S. adherence to the Berne Convention. We are joined in our support for Berne by a majority of the American publishing community.

We believe adherence to Berne is in the best interests of U.S. authors and publishers as it will obtain for us a high level of effective protection abroad, including copyright relations with 24 nations where we now have no protection. Joining Berne will also avert possible retaliation against U.S. works by Berne nations who resent our "free ride" on their Convention. U.S. publishers now obtain Berne protections through simultaneous publication, a costly, difficult, and uncertain procedure to which U.S. publishers and authors could easily be denied access at any time.

We believe that U.S. adherence to Berne is a crucial next step in the increasingly successful U.S. efforts to combat piracy of U.S. works throughout the world. We are greatly encouraged by recent improvements in copyright protection in several Pacific Rim nations, but are concerned that our progress and our credibility in the international arena will be seriously impeded by our failure to join the Berne Convention.

Harcourt Brace Jovanovich is aware of the current debate surrounding what are called "moral rights", but we conclude the risks are not significant when compared to the certain benefits. Appropriate legislation with an explicit statement that Berne is not self-executing can, we believe, achieve adherence with minimal disruption of the important relationships and

understandings which underlie current business practices in the publishing industry.

For these reasons, we respectfully urge you and your colleagues to vote for legislation to allow the U.S. to join the Berne Convention.

Harcourt Brace Jovanovich is a supporter of both the National Committee for the Berne Convention (NCBC) and the Coalition for Adherence to Berne (CAB) and enclosed are statements of principle from these organizations.

Sincerely yours,

Marsha S. Carow

enclosures

National Committee for the Berne Convention
July 2, 1987

WHY THE UNITED STATES
SHOULD JOIN

THE BERNE COPYRIGHT CONVENTION

As of September 1, 1987, the following organizations have subscribed to this Statement:

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