and Malaysia, which do not belong to either international copyright treaty, are members of the GATT. Other major piracy centers such as Egypt and Brazil, which disregard the copyright protections they agreed to uphold when they acceded to one or both of the treaties, belong to the GATT. The development of an intellectual property code within the GATT would be facilitated as to copyright by the acceptance of the Berne minima as international copyright standards enforceable by the GATT. Such a code would not represent a major new undertaking for GATT, because it is already considering an anti-counterfeiting code. An intellectual property code, then, would represent an extension of GATT's present interest in trademarks into the intellectual property area generally. As concerns our domestic law, we commend the Congress for having demonstrated its sensitivity to the importance of intellectual property by linking it to international trade considerations in legislation such as the Caribbean Basin Initiative (Caribbean Basin Economic Recovery Act, P.L. 98-67, Title II, effective June 30, 1983) and the Trade and Tariff Act of 1984 (P.L. 98-573, $$251, 303-305, 501-505) renewing the Generalized System of Preferences, and extending the definition of "unreasonable" or "unjustifiable" trading practices in Section 301 of the Trade Act of 1974 to include the inadequate protection of intellectual property. Future multilateral and bilateral trade initiatives of the United States should take advantage of the powerful inducement which United States trade benefits can provide to negotiate a higher level of enforceable copyright protec tion. V. Conclusion Effective trade in the international intellectual property community requires implementing and enforcing a full panoply of rights and obligations. The United States can become a full-fledged partner in that effort only by doing its part to develop a more dependable world order to protect copyright. We must attempt to overcome the resistance of those countries which believe, however wrongly, that effective copyright protection is not in their national interest. That effort must include persuasion, protocol, and pressure. It must include the presentation of United States views and interests within the Berne Convention; and we can present those views and interests effectively only by adhering to Berne. The problems of developing effective protection for works in world commerce are daunting, but we believe a national resolve to address these problems is emerging in the Congress, the Executive, and the private sector. Adherence to Berne is not the entire answer, but it is a critical part of the answer. Adherence to Berne finally will realize the long-held objective of bringing the United States into the more mature and more highly-developed international copyright treaty. At the same time, it will facilitate acceptance of the Berne minima as the copyright standards for an intellectual property code in the GATT. Adherence will establish direct United States copyright relations with numerous countries with which we now have none and, in direct discussions abroad, it will facilitate the task of U.S. officials who seek to improve protection of our intellectual property rights by silencing questions as to why we have not yet joined. Adherence will strengthen the influence of WIPO, which is superior to UNESCO in its technical ability to deal with complex and changing international copyright issues, and it will give the world's principal copyright-exporting nation a necessary and rightful place in the Berne councils and deliberations. Our adherence to Berne will fulfill a long-standing goal of United States foreign policy. That fulfillment has long been delayed. Our national interest now makes it imperative. SESAC Inc. 55 Music Square East, Nashville, TN 37203. Telephone (615) 320-0055 March 24 87 Chairman Robert W. Kastenmeier Subcommittee on Courts, Civil Liberties and the Administration Room 2137 Rayburn House Office Building Dear Chairman Kastenmeier: For SESAC, and personally as an intellectual property lawyer, I am writing to compliment you and your staff for the manner in which you have introduced the Berne Convention Implementation Act of 1987, H.R. 1623. Your Introductory remarks in the Congressional Record of March 16, 1987, were exceedingly well reasoned and put the issue squarely before the congress. It was particularly gratifying to see your very generous mention of Senator Mathias and his Berne adherence initiative in the other body during the 99th Congress. We would like to be on record as requesting and volunteering--despite the risks of the volunteer--an opportunity to participate in any public discussion through the hearing process with respect to Berne adherence. As we outlined in our prepared statement during hearings on H.R.3521 during the 99th Congress, we are dedicated to the proposition of appropriate copyright protection in a global marketplace. Your very forthright presentation of the moral rights issue is worthy of further notice. In that regard, please find enclosed a copy of a SESAC position paper on Berne published in Billboard last November upon the occasion of the 35th CISAC Congress in Madrid. We believe if the United States adheres to Berne, it should do so with a complete "front door" approach by statutory recognition of moral rights of authors. The United States should be a leader in Berne affairs. That position requires a free standing commitment to the spirit of Ferne. We commend your approach and we think it consistent with the intent of the founding fathers. On a more personal note, I am sorry that Deborah Leavy has left the staff. She was very fair and accommodating in all our dealings with her. I understand she has moved to the Senate side and we wish her only the best for the future. Warmest persona regards, W. Robert Thomson, Senior Executive office of the President New York 10 Columbus Circle, New York, NY 10019 (212) 586 - 3450 |