JAMES W. SUPICA, President 1957 E Street, N.W. Washington, D.C. 20006 (202) 393-2040. TWX: 279-354 AGC WSH April 28, 1988 The Honorable Peter W. Rodino Jr. U.S. House of Representatives Dear Representative Rodino: The Associated General Contractors of America is supportive of H.R. 4262, the "Berne Convention Implementation Act of 1988" as reported from the Courts, Civil Liberties and the Administration of Justice Subcommittee. Specifically, this legislation most appropriately includes architectural plans in the definition of the pictorial, graphic and sculptural works protected by the copyright law. The AGC is also supportive of efforts to amend the U.S. copyright law to delineate the copyright owners' right to prevent an unauthorized construction from copyrighted plans. Such a provision should not prevent an innocently infringing contractor from seeking indemnification from the offending party if such an enhanced enforcement power causes loss. This protection is consistent with current industry practice with respect to patent infringement. I thank you for your consideration of these matters. Singerely. Jusan from SUSAN J. LOOMYS SJL/dr THE FULL SERVICE CONSTRUCTION ASSOCIATION FOR FULL SERVICE MEMBERS Jeanne Thomas Allen Temple University Leren D. Cocking Southern Illinois University at Carbondale William O. Huie, Jr. Corpus Christi State University Karl B. Lohmann, Jr. Betsy A. McLane Direct Cinema Lid Suzanne Regan California State University at Los Angeles Membership Offer Loren D. Cocking Southern Illinois University at Carbondale Student Liaison Dario Sanmigue! Columbia College Victor Duncan, Inc. Constituencies Committee Southern flinous University Scholarship Grants Officer David O. Thomas Ohio University Government Liaison Marion Weiss Hood College Archivist Elizabeth H. Flory Rochester, NY Journal of Film and Video Patricia Erens Congressman Robert Kastenmeier Dear Congressman Kastenmeier: This is in reference to your Subcommittee dealing with the Berne Convention and the hearings that will take place on June 21. As government liaison for the University Film and Video Association (an international organization, which has been in existence for 40 years and is comprised of professors and professionals), I want to URGE you to consider the inclusion of the "moral rights" provision in the bill. The artist's plight in America today is a serious Rosary College UFVA Digest William O. Huie. Jr. Corpus Christi University APPENDIXES APPENDIX I.-LEGISLATIVE MATERIAL 100TH CONGRESS 1ST SESSION H. R. 1623 To amend title 17, United States Code, to implement the Berne Convention for the Protection of Literary and Artistic Works, as revised at Paris on July 24, 1971, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MARCH 16, 1987 Mr. KASTENMEIER (for himself and Mr. MOORHEAD) introduced the following bill; which was referred to the Committee on the Judiciary I A BILL To amend title 17, United States Code, to implement the Berne Convention for the Protection of Literary and Artistic Works, as revised at Paris on July 24, 1971, and for other purposes. 1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 3 SECTION 1. SHORT TITLE. 4 This Act may be cited as the "Berne Convention Imple 5 mentation Act of 1987". 6 SEC. 2. REFERENCES TO TITLE 17, UNITED STATES CODE. 7 Whenever in this Act an amendment is expressed in 8 terms of an amendment to a section or other provision, the 2 1 reference shall be considered to be made to a section or other 2 provision of title 17, United States Code. 3 SEC. 3. DECLARATIONS. The Congress makes the following declarations: (1) The Convention for the Protection of Literary and Artistic Works, signed at Berne, Switzerland, on September 9, 1886, and all protocols and revisions thereto, is not self-executing under the Constitution and laws of the United States, and the obligations of the United States under the Berne Convention may be performed only pursuant to law as enacted by the United States Congress. (2) The amendments made by this Act, together with existing law, will enable the United States to meet its obligations as a nation adhering to the Berne Convention and no further legislation will be necessary for that purpose. (3) The provisions of the Berne Convention shall be given effect under title 17, United States Code, as amended by this Act, and any other relevant provision of Federal or State law, including common law, and shall not be directly enforceable in any action brought pursuant to the provisions of the Berne Convention itself. HR 1623 IH 3 1 SEC. 4. DEFINITIONS. 2 (a) ARCHITECTURAL WORKS.-Section 101 is amend 3 ed by inserting after the definition of "anonymous work" the 4 following: "Architectural works" are buildings and other three-dimensional structures of an original artistic character, and works relative to architecture, such as building plans, blueprints, designs, and models.”. 5 6 7 8 9 (b) BERNE CONVENTION AND BERNE CONVENTION 10 WORK.-Section 101 is amended by inserting after the defi 11 nition of "audiovisual works" the following: 12 "The 'Berne Convention' is the Convention for 13 the Protection of Literary and Artistic Works, signed at Berne, Switzerland, on September 9, 1886, and all protocols and revisions thereto. "A work is a 'Berne Convention work' if "(1) in the case of an unpublished work, one or more of the authors is a national of a state adhering to the Berne Convention, or in the case of a published work, one or more of the authors is a national of a state adhering to the Berne Convention on the date of first publication; "(2) the work was first published in a state adhering to the Berne Convention, or was simultaneously published in a state adhering to the HR 1623 IH |