Lapas attēli
PDF
ePub
[blocks in formation]

ADDITIONAL SUBMISSIONS FOR THE RECORD
Letter to Senator Charles McC. Mathias, Jr., from Richard Colby, attorney,

November 20, 1985.....
Letter to Senator Arlen Specter, from Burton L. Litwin, vice president,

Belwin Mill, Publishing Corp., December 10, 1985...

153

157

COPYRIGHT HOLDER PROTECTION ACT

WEDNESDAY, NOVEMBER 20, 1985

U.S. SENATE,
SUBCOMMITTEE ON PATENTS,
COPYRIGHTS AND TRADEMARKS,
COMMITTEE ON THE JUDICIARY,

Washington, DC. The subcommittee met, pursuant to notice, at 10:04 a.m., in room SD-226, Dirksen Senate Office Building, Hon. Arlen Specter presiding.

Staff present: Steven J. Metalitz, staff director and acting chief counsel; Kenneth E. Mannella, counsel; Pamela S. Batstone, chief clerk; and Neal S. Manne, chief counsel (Subcommittee on Juvenile Justice).

OPENING STATEMENT OF HON. ARLEN SPECTER, A U.S. SENATOR

FROM THE STATE OF PENNSYLVANIA Senator SPECTER. Good morning, ladies and gentlemen. The hearing will commence. With the authorization of the subcommittee chairman, Senator Mathias, the Subcommitee on Patents, Copyrights and Trademarks of the Committee on the Judiciary will proceed with this hearing on Senate bill 1384, which deals with the copyright issue and seeks to alter the 5-to-4 decision of the Supreme Court of the United States in the Mills Music case.

This is a matter of great importance to those in the field. It is my preliminary thought that the Supreme Court decision was not sound and that, as a matter of legislative intent, it is appropriate to have Senate bill 1384 clarify the intent of the Congress, which would have the effect of reversing the Supreme Court decision.

Before coming to a final judgment on the matter, it seems appropriate to me that we proceed with the hearing and an inquiry into all facets of the matter, and for that objective, we have scheduled this hearing this morning, and we shall proceed at this time. [A copy of S. 1384 follows:

(1)

[ocr errors][merged small][merged small]

To amend the Copyright Act of 1976 to clarify the operation of the derivative

works exception.

IN THE SENATE OF THE UNITED STATES

JUNE 27 (legislative day, JUNE 26), 1985 Mr. SPECTER introduced the following bill; which was read twice and referred to

the Committee on the Judiciary

A BILL To amend the Copyright Act of 1976 to clarify the operation of

the derivative works exception.

1

Be it enacted by the Senate and House of Representa

2 tives of the United States of America in Congress assembled,

3 That this Act may be cited as the “Copyright Holder Protec

4 tion Act of 1985".

5 SEC. 2. Section 304(c)(6) of the Copyright Act of 1976 6 (17 U.S.C. 304(c)) is amended by adding at the end thereof

7 the following: 8

"(7) Notwithstanding any other provision of law,

9

where an author or his successor, as defined in subsec

10

tion (c)(2), has exercised a right of termination pursu

2

1

ant to this section and a derivative work continues to

2

be utilized pursuant to subsection (c)(6)(A) of this sec

3

tion, any right to royalties from the utilization of the

[merged small][merged small][merged small][merged small][ocr errors][merged small]

Senator SPECTER. I would like to recognize a distinguished Member of Congress, the Honorable Howard L. Berman, U.S. House of Representatives, from the 26th District of California.

Congressman Berman, we welcome your leadership on this important issue and look forward to your testimony.

STATEMENT OF HON. HOWARD L. BERMAN, A U.S.

REPRESENTATIVE FROM THE STATE OF CALIFORNIA Mr. BERMAN. Thank you very much, Mr. Chairman.

I want to say how much I appreciate Senator Mathias setting this hearing and your legislative effort in this area. I think it is an important issue for the community that is affected by the Mills Music case, and I commend you and the subcommittee for conducting these hearings.

I am in support of the legislation to amend the Copyright Act of 1976 in order to clarify the intent of Congress when it adopted the "derivative works exception" to the termination provisions of sections 203 and 304 of the Copyright Act.

I approach this matter with great seriousness. When Congress legislates in the area of copyright, we are exercising a responsibility explicitly charged to us by the Founding Fathers in the Constitution. Equally important, I well understand the years of painstaking effort and compromise that produced the landmark Copyright Act of 1976.

It is for those very reasons that I introduced H.R. 3163. In January of this year, as you indicated in your opening statement, the Supreme Court, in a closely divided 5-4 decision, in my opinion misconstrued the intent of Congress with respect to a key provision of the act and thereby deprived songwriters, authors, and other artists of important benefits Congress meant them to have.

Frankly, as the members of this subcommittee are well aware, it takes a fair degree of patience to master the intricacies of copyright law. But as you also well appreciate, the consequences of copyright legislation and its interpretation by the Supreme Court are serious indeed for the livelihoods of the tens of thousands of creative artists whose works are protected by copyright.

I introduced H.R. 3163 to remedy an injustice effected by the Supreme Court. H.R. 3163 in the House has been referred to the House Subcommittee on Courts, Civil Liberties, and the Administration of Justice, on which I serve, and where I am working to ensure the bill's speedy consideration. In fact, I am hopeful that that subcommittee will be holding hearings on this issue and on my legislation soon after we come back in late January or early February

Your bill, Mr. Chairman, takes a different approach to rectifying this judicial misconstruction, but both bills share the same objective. And I am delighted that two highly respected former Registers of Copyright, Barbara Ringer and David Ladd, support the position taken by you and me with regard to both congressional intent in the 1976 act and the appropriate copyright policy.

I join with you in urging the subcommittee and the Congress to promptly pass legislation to restore to the creators who enrich our

[ocr errors]
« iepriekšējāTurpināt »