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Columbia University in the City of New York | New York, N.Y. 10027

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I am writing in strong support of U.S. adherence to the Berne Convention for the Protection of Literary and Artistic Property. Joining Berne would confirm the U.S.' committment to serious and effective international copyright protection, and would promote protection of U.S. copyright holders. Copyrighted works, such as audiovisual works, musical works, and computer software, comprise some of this country's leading exports; we should do all we can to enhance protection of these works aborad.

Sincerely,

Jane C. Ginsburg

Associate Professor of Law

IPC

INTELLECTUAL PROPERTY COMMITTEE

2000 Pennsylvania Avenue, NW Suite 6500. Washington, DC 20006
Phone. 202-463-2000
Telecopier 202-861-0473
Telex 892603

March 1, 1988

The Honorable Robert W. Kastermeier

Chairman

Subcommittee on Courts,

Civil Liberties & the Administration of Justice Committee on the Judiciary Washington, D.C. 20515

Dear Mr. Chairman:

The Intellectual Property Committee (IPC) urges you to support U.S. adherence to the Berne Copyright Convention. The IPC is a coalition of twelve U.S. corporations*. It represents a broad spectrum of intellectual property interests including companies which rely on adequate and effective copyright protection. We believe that U.S. adherence to the Berne Convention will greatly strengthen the current campaign to combat worldwide piracy.

A consensus exists in the United States today that adherence to Berne is an essential element in the current campaign that the U.S. Government is mounting to strengthen worldwide protection for all forms of intellectual property. U.S. adherence to Berne will enhance the credibility of our negotiators and, thus, increase the chances for successful conclusion of the critical and far-reaching GATT negotiations on intellectual property. The United States cannot credibly urge other governments to improve their protection of intellectual property by adopting Berne-level standards of protection if the United States itself does not belong to the premier copyright convention. Adherence to Berne will permit the United States to argue aggressively for acceptance of the fundamental principles of copyright protection embodied in Berne and to pursue a similar approach in other areas of intellectual property (i.e., patents, trademarks, etc) where current international standards are clearly inadequate.

U.S. adherence to Berne will also give the United States a voice and a veto in the World Intellectual Property Organization, which administers the Berne Convention, at a time when this institution will increasingly be dealing with

*Bristol-Myers, DuPont, FMC Corporation, General Electric, General Motors, Hewlett-Packard, IBM, Johnson & Johnson, Merck, Monsanto, Pfizer, Rockwell International Corporation

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important questions that effect the competitiveness of U.S. copyright industries well into the twenty first century. Berne membership will permit the United States to press for higher levels of protection worldwide and -most importantly - to resist any attempts to weaken Berne's fundamental standards.

We urge your support for U.S. adherence to the Berne Copyright Convention.

Sincerely,

The IPC Management Committee:

C. L. Clemente, Pfizer

James E. Ingram, IBM

Edwin Tocker, DuPont

Retrieval

March 9, 1988

The Honorable Robert W. Kastenmeier

Chairman

Subcommittee on Courts, Civil Liberties, and the

Administration of Justice

Committee on the Judiciary

United States House of Representatives

Washington, D.C. 20515

Re: S. 1301, S. 1791, H. R. 1623 and H.R. 2962

Dear Chairman Kastenmeier:

On behalf of Data Retrieval Corporation, I urge your subcommittee's approval of a bill implementing U.S. accession to the Berne Convention. The marketplace for copyrightable books, software and other works is increasingly global in scope. America's creative authors, artists and companies need effective international protection for their works; protection which assures them just recompense for their creativity, protects their works from increasing piracy abroad and encourages their continued creative effort.

Our company is extensively involved in the licensing of computer software throughout the world. International protection of these works is vital to the continued maintenance and growth of this international market. Rejection of the Berne Convention could result in restriction of protections now afforded U.S. works in member countries and a resulting loss in income from international sales and license fees.

Particularly in the area of information technology, copyright law and policy are developing and evolving as ways are sought to deal with questions raised by new technology. Decisions are being made which will affect this country's position as an international leader in this market. The U.S. should have a voice in determining this policy. Adherence to the Berne Convention will assure the U.S. a continued role in the development of international copyright policy which vitally affects so many U.S. companies and individual authors.

As to fears that adherence to Berne would affect authors' moral rights in their works, they are simply unfounded. France, Japan and numerous other member countries provide moral rights to their authors which are at least as extensive as any existing in the U.S. Adherence to Berne would in no way necessitate a change in the protection afforded to moral rights.

Data Retrieval Corporation

The Honorable Robert W. Kastenmeier
March 9, 1988
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We perceive no drawbacks to U.S. membership in Berne. The changes required to our current law are minimal and do no reduce the copyright protection afforded in this country. The level of protection provided by Berne is high, and U.S. membership will allow us to ensure that it remain The benefits of membership are substantial and far-reaching. We therefore urge you to vote in favor of a Bill implementing membership of the United States in the Berne Convention.

So.

Very truly

Kenneth Zeigler

Executive Vice President

KZ/1h

Cc:

Members of the House Judiciary Committee
Wisconsin's Members of the House of Representatives

Data Retrieval Corporation

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