Brussels Act : will be submitted to the New Act, protection of moral right, of radiobroadcasting right, improved protection of cinematographic works. 1948: post-mortem protection duration imperatively extended to 50 years, protection of moral right up to the extinction of patrimonial rights, settlement of the follow up right on Works of Art, protection of drawings and patterns, harmonization of the regulations of the presumptionally title of authors, of the right of public communication of dramatic works, musico-dramatic and musical and public recitation etc... In casde of conflict, Interantional court of Justice only has facultative competence. By respectability, many States wished to be members of an Invernational Convention concerniong literary property, but they still considered the Berne Convention lines too much coercive. Their purpose was to access to the International catalogue saving their face, at the cheapest, because either their economy was poorly developed or they were under users' pressure like the U.S.A. used to do. Under these circumstances, a new Convention was born in 1952, under the UNESCO protection, called "universal", as if the Berne Convention was "provincial" when it already gathered a great number of countries from all continents. An appendix specified that the New Convention did not change the previous one's dispositions nor the Union adherence. Whatsoever, an inflationing competition had raised between the two Conventions. The next step was the Stockholm conference in 1967, which structured a protocol in favor of underdeveloped countries which went too far in using derogation against the fundamental author's rights: the conference failed because of an insufficient number of members. To manage and prove a better administration and more efficiency in their missions, the Stockholm Conference created the OMPI (WORLD INTELLECTUAL PROPERTY ORGANISATION) which also gathered the Berne and Paris Union concerning industrial property. Assemblies replaced the Swiss authorities protection. Only for that fact the Stockholm conference was not a total chess. A new conference was necessary to grant specific rights to the developing countries which desired it in the Berne Conference spirit, without distorting the Universal Convention. This was carried out in the 1971 Paris Conference, where the two Conventions were revised simultaneously. Since then, Berne Union's Members are commitmently subordinated to the Paris Act. By that very time, 78 countries adhered to the Universal Convention among which 40 signed the Paris Act. The Berne Convention became creators' Mare Nostrum, a space for civilisation where authors moved freely assured of their personal and materialistic needs. It was conceived during troublesome periods, helped buy some Genius like Beaumarchais and Victor Hugo, and also by so many unknown and modest authors, Friends of Arts and Letters or enlighted political Men. Today let us render them homage. Because of their will and passion we now have a written right after having had a verbal one. We are answerable of their work, we must carry on their actions. The explosion of the means of communication, the increasing power of show-industries, changes of public authorities into dominating users' power deadly threaten authors' rights. It is not sure that the protective dispositions pulled off in the past could be obtained today. Isolately or within the CISAC context, should authors' Societies have some chance to have their prerogatives in TV cable, satellites, and even private copyright respected, they must refer to the Berne Convention. That one should deserve some improvements, a New Act being added to the previous ones. Still should it be a curative action or a mortal one? Stated principles are broad-minded enough to apply to new situations when you are a honest citizen. The French Revolution legislation has been adapted in that direction for cinema, radio broadcasting without defaulting by lawyers up to the adoption in March 1957, the 11th, of law which reinforced their statutes codification. To fall in love with a Convention is not an easy task. Authors should however dedicate an entire passion to the Berne Convention. It is their shield against robbery, imitation, threaten to their personality. It is also a moral authority imposing itself to States listed by rank of importance granted according to the mind power. Born from industrial Revolution, it secures according to Hugo's hopes humane governing by humane spirit, and not only by technics. Celebrate it today is render it justice for the past and comfort it for tomorrow. Still big countries are note members. However, U.S.A. little by little compensate the gaps, China is willing to adhere straigthforwardly when it hardly wakes up to the rest of the world. Light is both troublesome and fascinating. Troublesome because weakness appears, fascinating because it bears truth. So is the Berne Convention. Authors must not forget it, States must accept it. We are writing on behalf of the Coalition for Adherence to Berne (CAB) to A consensus exists today in this country today that our adherence to Berne is a necessary element in improving intellectual property protection worldwide. This pro-Berne consensus is reflected in the 1986 Congressional testimony of the U.S. copyright community, the recent Report and Resolution of the American Bar Association, the recommendations of the President's Advisory Committee on Trade Negotiations and the Administration's Intellectual Property Rights Statement. Berne adherence is an important copyright and trade-related issue for companies that are primarily copyright-oriented as well as for companies that have broader intellectual property and trade interests. Many of these companies and their trade associations are joining the CAB. Notwithstanding the consensus in support of Berne adherence, some members of the copyright community have raised concerns about the possibility of changes in domestic practice through adherence to Berne. Most however, feel that these risks are either de minimis or can easily be avoided. The CAB will encourage a legislative approach, based on the attached principles, to minimize or remove any potential domestic risks perceived in adherence while gaining international benefits. As you may know, the United States is the world's largest exporter of copyrighted works. This nation has an important stake in improved worldwide protection of intellectual property. Adherence to Berne is a critical element in both U.S. bilateral and multilateral intellectual property negotiating strategies in the future. We understand that the House Judiciary Subcommittee on Courts has scheduled hearings for February 9 and 10. We urge you to attend on these two days for a comprehensive discussion of the issue and to answer any questions you may wish to ask about Berne. |