Lapas attēli

John M. Kernochan, professor of law, Columbia University (letter to Hon.

Robert W. Kastenmeier (March 1, 1988))....

Jane C. Ginsberg, associate professor of law, Columbia University (letter to

Hon. Robert W. Kastenmeier (March 1, 1988))..

Intellectual Property Committee (letter to Hon. Robert W. Kastenmeier

(March 1, 1988))

Data Retrieval Corp. (letter from Kenneth Zeigler to Hon. Robert W. Kasten-

meier (March 9, 1988)).

Association of American University Presses, Inc. (letter from E.H. Phillips to

Hon. Robert W. Kastenmeier, Chairman (March 10, 1988))

Ralph S. Brown, professor, Yale Law School (letter to Hon. Robert W. Kasten-

meier (March 10, 1988))..

The Foundation Press, Inc. (letter from Harold R. Eriv to Hon. Robert W.

Kastenmeier (March 17, 1988))..

Leo Kraft, professor, Aaron Copland School of Music (letter to Hon. Robert W.

Kastenmeier (March 18, 1988))..

Donald P. Hustad, senior professor, church music, the Southern Baptist Theo

logical Seminary (letter to Hon. Robert W. Kastenmeier (March 25, 1988))....

Society for the Preservation and Encouragement of Barber Shop Quartet

Singing in America (letter from Joe Liles to Hon. Robert W. Kastenmeier

(March 28, 1988)) ...

West Publishing Co. (letter from Dwight D. Opperman to Hon. Robert W.

Kastenmeier (March 23, 1988)).

The American Institute of Architects (letter from B. Cheryl Terio to David

Beier, with attachments (April 12, 1988))..

Dan Rosen, associate professor, School of Law, Loyola University (letter to

Hon. Robert W. Kastenmeier (April 7, 1988)).

Merv Griffin Enterprises (letter from Mort Lindsey to Hon. Robert W. Kas-

tenmeier (April 19, 1988))..

The Associated General Contractors of America (letter from Susan J. Loomis

to Hon. Peter W. Rodino, Jr. (April 28, 1988))....

University Film and Video Association (letter from Marion W. Weiss, Ph.D. to

Congressman Robert Kastenmeier (June 15, 1988))














1. Materials Submitted by Hon. Ralph Oman:

a. Letter from Hon. Ralph Oman to Hon. Robert W. Kastenmeier (dated

Nov. 15, 1985)
b. Letter from Hon. Ralph Oman and Hon. Harvey Winter to Hon.

Robert W. Kastenmeier (dated June 18, 1986)....
c. Letter from Hon. Ralph Oman to Hon. Ralph Mecham (dated June 4,

d. Letter from Hon. Ralph Mecham to Hon. Robert W. Kastenmeier

(dated April 13, 1988).
e. Letter from Dr. James H. Billington to Hon. Claiborne Pell (dated

April 25, 1988)..
f. Letter from Dr. James H. Billington to Hon. Robert W. Kastenmeier

(dated April 26, 1988).
g. Letter from Dr. James H. Billington to Hon. Patrick Leahy (dated May

18, 1988).....
2. Materials Submitted by the Administration:

a. Letter of Transmittal from President Ronald Reagan to the Senate of

the United States (dated June 18, 1986)......
b. Letter from Hon. Malcolm Baldridge to Hon. Jim Wright (dated July 6,

3. Materials Submitted by Kenneth W. Dam:

a. Dam, The Growing Importance of International Protection of Intellec-

tual Property, 21 Internat'l Lawyer 627 (1987)..
4. Materials Submitted by the Directors' Guild:

a. Letter from Elliot Silverstein to Hon. Robert W. Kastenmeier (dated

Oct. 29, 1987)
b. Letter from Arnold P. Lutzker to Hon. Robert W. Kastenmeier (dated

March 8, 1988) with attachments .....
5. Materials Submitted by Prof. Edward J. Damich:

a. Letter from Prof. Edward J. Damich (et al.) to Hon. Robert W. Kasten-

meier (dated Feb. 22, 1988).
6. Materials Submitted by Barbara Ringer:
a. Supplement to the Statement of Barbara Ringer.........

1. Letter from Hon. Robert W. Kastenmeier to Ms. N. Shaw Smith (dated

November 20, 1987).
2. Letter from Hon. Robert W. Kastenmeier, Hon. Carlos Moorhead, Hon.

Howard Berman, Hon. Hamilton Fish, Jr., and Hon. Henry Hyde to Hon.

W. Allen Wallis (dated December 28, 1987)
3. Letter from Director General Arpad Bogsch to Hon. Robert W. Kasten-

meier (dated January 22, 1988) with attachments.....
4. Letter from Hon. J. Edward Fox to Hon. Robert W. Kastenmeier (dated

February 2, 1988).....
5. Letter from Director General Arpad Bogsch to Hon. Robert W. Kasten-

meier (dated February 22, 1988) with attachments..
6. Letter from Director General Arpad Bogsch to Ambassador Joseph C.

Petrone (dated April 28, 1988).
7. Letter from Hon. Robert W. Kastenmeier to Hon. George Shultz (dated

June 21, 1988)..
8. Letter from Hon. J. Edward Fox to Hon. Robert W. Kastenmeier (dated
July 7, 1988)..

1. Bogsch, “Co-Existence of the Universal Copyright Convention with the

Berne Conventions" from Universal Copyright Convention Analyzed (ed. T.

Kupferman and M. Foner) 141 (1955)...
2. Bogsch, The First Hundred Years of the Berne Convention for the Protec-

tion of Literary and Artistic Works, 9 Copyright 291 (1986)....

















Washington, DC. The Subcommittee met, pursuant to notice, at 1:30 p.m., in Room 2226, Rayburn House Office Building, Hon. Robert W. Kastenmeier, Chairman, presiding.

Present: Representatives Kastenmeier, Moorhead, Slaughter, Lungren, Coble, Cardin, Bryant, and Schroeder.

Staff present: Michael J. Remington, chief counsel; David W. Beier, counsel; Thomas E. Mooney, associate counsel; and Audrey K. Marcus, clerk.

Mr. KASTENMEIER. The committee will come to order.
Mr. SLAUGHTER. Mr. Chairman.
Mr. KASTENMEIER. The gentleman from Virginia.

Mr. SLAUGHTER. I ask unanimous consent that the Subcommittee permit the meeting to be covered in whole or in part by television broadcast, radio broadcast, and/or still photography pursuant to Rule 5 of the Committee rules.

Mr. KASTENMEIER. Without objection, the request is agreed to.

Today's hearing is, I think, an historic event. It is the first House hearing on Berne implementing legislation since 1936. The passage of time doesn't diminish in any respect the importance of the subject. And given the current debate over the trade bill, the budget deficit, and the twin needs to promote American creativity and preserve American jobs, U.S. adherence to the Berne Convention is potentially the most important intellectual property issue to be considered by the 100th Congress.

The Berne Convention for the protection of literary and artistic works, as revised in Paris in 1971, is the world's premier copyright treaty. Berne is adhered to by 76 nations, including most of the industrialized world. The United States is not a member; neither is the Soviet Union nor the People's Republic of China.

Copyright touches all Americans in their homes, schools, libraries, workplaces. It directly affects all of us who enjoy books, films, television, music, videotapes, computer programming, software, and other works of arts. Determining the scope of copyright law requires great caution, particularly in a rapidly changing society,


such as ours, which values the free flow of information and a free marketplace, both domestically and internationally.

When I introduced H.R. 1623, together with Mr. Moorhead, the Berne Convention Implementation Act of 1987, I referred to Berne as a "brooding presence." Ever since its establishment, 100 years ago, more or less, in 1886, Berne has lurked in the background of U.S. copyright legislation. When Congress and this Subcommittee drafted the Copyright Reform Act of 1976, we also, at that time, had an eye on Berne.

In facts and certain particulars, the life of the author plus 50, the 1976 Act really conformed to Berne.

Although 11 years have passed, and rather quickly, since the 1976 Act, this is still an unresolved question, U.S. adherence to Berne. In order to focus debate, I have introduced this bill, H.R. 1623, which permits the United States to adhere to Berne through the front door. We should enter, however, only if, after full hearings and debate, Congress determines on balance that Berne adherence serves the needs of the country and its citizens. The initiative seeks to raise all of the questions that must be asked for the fullest range of private and public interests to be aware of what Berne adherence will mean now and would mean tomorrow.

Without objection, I would insert the text of H.R. 1623, together with my explanatory floor remarks in the appendix of the hearing record. See Appendix I. And I would also ask, without objection, to insert in the appendix the text of the Berne Convention known as the Paris Act. See Appendix II.

Mr. KASTENMEIER. The record should reflect that the United States has chosen not to join the Berne Union in the past, presumably because we did not want for our society the kind of copyright laws that the Convention requires. Due to the growing internationalization of copyright law, the trade imbalance, and so forth, we doubtless have a growing consensus for a contrary decision.

The purpose of this initial hearing is to establish a body of knowledge about Berne. The Subcommittee will try to identify areas of agreement and disagreement about Berne and changes to American copyright law necessary if we decide that adherence is in our best interests.

Before introducing the first witness, let me indicate to my colleagues, the press and the public the Subcommittee's tentative schedule on Berne implementation legislation. I would expect a number of hearing days to be in order. Some hearings, such as today's, would be general in scope; others would be more narrowly delineated or focused, and would examine specific issues such as moral rights, the jukebox compulsory license formalities, architectural works. An examination of the administration of the Berne Union by the World Intellectual Property Organization will also be addressed. Finally, the views of European and Third World Countries on Berne questions would also, of course, be in order.

I assume the next hearing would be in mid-July, and it specifically would focus on the subject of Berne and moral rights.

I would like to lastly recognize the efforts of the Ad Hoc Working Group on U.S. Adherence to the Berne Convention, the members of which have given freely of their time to examine and offer answers

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