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INITED STATES, CONGRESSO HOUSE. COMME ON THE Juni

CIARY. SURNOMMITTEE ON countS AND INTEGRAL PROPERTY.
COLLECTIONS OF INFORMATION ANTIPIRACY ACT

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Printed for the use of the Committee on the Judiciary

U.S. GOVERNMENT PRINTING OFFICE

62-506

WASHINGTON : 2000

For sale by the U.S. Government Printing Office
Superintendent of Documents, Congressional Sales Office, Washington, DC 20402

ISBN 0-16-060788-4

COMMITTEE ON THE JUDICIARY

HENRY J. HYDE, Illinois, Chairman F. JAMES SENSENBRENNER, JR.,

JOHN CONYERS, JR., Michigan Wisconsin

BARNEY FRANK, Massachusetts BILL McCOLLUM, Florida

HOWARD L. BERMAN, California GEORGE W. GEKAS, Pennsylvania

RICK BOUCHER, Virginia HOWARD COBLE, North Carolina

JERROLD NADLER, New York LAMAR S. SMITH, Texas

ROBERT C. SCOTT, Virginia ELTON GALLEGLY, California

MELVIN L. WATT, North Carolina CHARLES T. CANADY, Florida

ZOE LOFGREN, California BOB GOODLATTE, Virginia

SHEILA JACKSON LEE, Texas ED BRYANT, Tennessee

MAXINE WATERS, California STEVE CHABOT, Ohio

MARTIN T. MEEHAN, Massachusetts BOB BARR, Georgia

WILLIAM D. DELAHUNT, Massachusetts WILLIAM L. JENKINS, Tennessee

ROBERT WEXLER, Florida ASA HUTCHINSON, Arkansas

STEVEN R. ROTHMAN, New Jersey EDWARD A. PEASE, Indiana

TAMMY BALDWIN, Wisconsin
CHRIS CANNON, Utah

ANTHONY D. WEINER, New York
JAMES E. ROGAN, California
LINDSEY O. GRAHAM, South Carolina
MARY BONO, California
SPENCER BACHUS, Alabama
JOE SCARBOROUGH, Florida

THOMAS E. MOONEY, SR., General Counsel-Chief of Staff
JULIAN EPSTEIN, Minority Chief Counsel and Staff Director

SUBCOMMITTEE ON COURTS AND INTELLECTUAL PROPERTY

HOWARD COBLE, North Carolina, Chairman F. JAMES SENSENBRENNER, JR.,

HOWARD L. BERMAN, California Wisconsin

JOHN CONYERS, JR., Michigan ELTON GALLEGLY, California

RICK BOUCHER, Virginia BOB GOODLATTE, Virginia

ZOE LOFGREN, California WILLIAM L. JENKINS, Tennessee

WILLIAM D. DELAHUNT, Massachusetts EDWARD A. PEASE, Indiana

ROBERT WEXLER, Florida
CHRIS CANNON, Utah
JAMES E. ROGAN, California
MARY BONO, California

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OPENING STATEMENT

Coble, Hon. Howard, a Representative in Congress from the State of North

Carolina, and chairman, Subcommittee on Courts and Intellectual Property

WITNESSES

Duncan, Dan, Vice President, Government Affairs, Software & Information

Industry Association

Henderson, Lynn, President, Doane Agricultural Services Company

Kirk, Michael, Executive Director, American Intellectual Property Law Asso-

ciation

Lederberg, Joshua, Professor, Sackler Foundation Scholar, The Rockefeller

University

McDermott, Terrence, Executive Vice President, the National Association of

Realtors

Neal, James G., Dean, University Libraries, Johns Hopkins University
Peters, Marybeth, Register of Copyrights, Copyright Office of the United

States, Library of Congress

Phelps, Charles, Provost, University of Rochester

Pincus, Andrew, General Counsel, United States Department of Commerce

Winokur, Marilyn, Executive Vice President, Micromedex, Inc.

LETTERS, STATEMENTS, ETC., SUBMITTED FOR THE HEARING

Duncan, Dan, Vice President, Government Affairs, Software & Information

Industry Association: Prepared statement

Henderson, Lynn, President, Doane Agricultural Services Company: Prepared

statement

Kirk, Michael, Executive Director, American Intellectual Property Law Asso-

ciation: Prepared statement

Lederberg, Joshua, Professor, Sackler Foundation Scholar, The Rockefeller

University: Prepared statement

McDermott, Terrence, Executive Vice President, the National Association of

Realtors: Prepared statement

Neal, James G., Dean, University Libraries, Johns Hopkins University: Pre-

pared statement

Peters, Marybeth, Register of Copyrights, Copyright Office of the United

States, Library of Congress: Prepared statement

Phelps, Charles, Provost, University of Rochester: Prepared statement

Pincus, Andrew, General Counsel, United States Department of Commerce:

Prepared statement

Winokur, Marilyn, Executive Vice President, Micromedex, Inc.

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COLLECTIONS OF INFORMATION ANTIPIRACY

ACT

THURSDAY, MARCH 18, 1999

HOUSE OF REPRESENTATIVES,
SUBCOMMITTEE ON COURTS AND

INTELLECTUAL PROPERTY,
COMMITTEE ON THE JUDICIARY,

Washington, DC. The subcommittee met at 11:05 a.m. in Room 2226 of the Rayburn House Office Building, the Honorable Howard Coble, chairman of the subcommittee, presiding.

Members present. Coble, Sensenbrenner, Goodlatte, Jenkins, Pease, Rogan, Bono, Berman, Lofgren and Delahunt.

Staff present. Majority: Mitch Glazier, Chief Counsel; Vince Garlock, Counsel; Eunice Goldring, Staff Assistant; Minority: Bari Schwartz, Minority Counsel.

OPENING STATEMENT OF CHATRMAN COBLE Mr. COBLE. Good morning, ladies and gentlemen. My friend Howard Berman, the ranking member, is on his way. In fact, he has just entered the room so we can continue. Initially I want to apologize to you all

. We tried to have this hearing convened in Room 2141, the home of the full Judiciary committee, but it was already taken by another subcommittee. This is why you all are elbow to elbow today. Hold me harmless for that because we did try to get a larger room.

The Subcommittee on Courts and Intellectual Property will come .to order. Today the subcommittee is conducting a legislative hearing on H.R. 354, the Collections of Information Antipiracy Act, which strikes a balance as the information age arrives. The balance

а provides adequate protection to assure that there is an incentive of companies to invest in the development of collections of information without inhibiting members of the scientific, library and research communities from carrying on their work.

This bill, as a compliment to copyright law, relies on unfair competition principles to prevent a party from misappropriating another's collection of information. In the event a person misappropriates a substantial portion of another's collection of information to the extent it will harm the original collector's ability to compete the misappropriator would be subject to injunction and damages.

This bill is nearly identical to the legislation which passed the House of Representatives not once but twice last year. H.R. 354 differs from last year's legislation in two ways. First, it clarifies that the term of protection for a collection of information is limited to

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