Page Klipper, Michael R. Continued Responses to followup questions submitted by: Senator DeConcini. 627 Senator Leahy 638 Kovner, Victor: Testimony 641 Prepared statement 643 Letter to Senator DeConcini, November 30, 1989. 656 Maisel, Jay: Testimony 513 Prepared statement 515 Responses to followup questions submitted by Senator DeConcini 541 Additional response to questions raised at hearing. 555 Attachments: Work for hire contracts 558 Martin, Don: Testimony 524 Prepared statement 526 Responses to followup questions submitted by: Senator DeConcini. 541 Senator Leahy. 551 Additional response to questions raised at hearing. 555 Attachments: Work for hire contracts 558 Mayer, Roger L.: Testimony 1150 Prepared statement 1153 Attachments: Appeal Against the Judgment of the Tribunal de Grande Instance de Paris, decision by the Court of Appeals of Paris, July 6, 1989............. 1164 1179 1233 Senator DeConcini. 1234 Nolan, Peter: Testimony 1035 Prepared statement 1038 Responses to followup questions submitted by Senator DeConcini. 1082 Oman, Ralph: Testimony 203, 762 Prepared statements 206, 993 Responses to followup questions submitted by: Senator DeConcini 228, 1020 Senator Leahy ... 235, 1028 Senator Grassley. 1026 Senator Simpson .. 1029 “Technological Alterations to Motion Pictures and Other Audiovisual Works: Implications for Creators, Copyright Owners, and Consumers," 764 Moorhead, Subcommittee on Courts, Civil Liberties and the Admin- 963 Notice of Inquiry ...... 967 Notice of Proposed Rulemaking. 970 Request for Information; Notice of Hearing.. 972 Final Regulation ..... 974 "The Financing of Motion Pictures," prepared by Eric Schwartz, Policy Planning Advisor to the Register of Copyrights.... 978 Stevens, George, Jr.: Testimony 1105 Prepared statement 1108 Van Sant, Tom: Testimony....... 121 965 Page 124 129 658 659 237 241 249 333 336 368 371 414 Van Sant, Tom-Continued Prepared statement. Responses to followup questions submitted by Senator DeConcini Veliotes, Nicholas A.: Testimony Prepared statement Testimony ..... Attachment A: List of the Copyright Justice Coalition from the Photo District News, September 1988... ment Manufacturers Association..... 1987.......... The Graphic Artists Guild, Inc., New York, NY (with attach ments).... Additional comments on work for hire, with examples of work made for hire contracts..... The Songwriters Guild of America.. Popular songwriters contract.. Responses to followup questions submitted by: Senator DeConcini.. Senator Leahy. Attachments: Work for hire contracts. Testimony 435 451 479 484 487 497 509 541 551 555 558 131 133 135 COPYRIGHT MORAL RIGHTS: VISUAL ARTISTS RIGHTS ACT (S. 1198) AND MORAL RIGHTS IN OTHER STILL VISUAL ART FORMS TUESDAY, JUNE 20, 1989 U.S. SENATE, COMMITTEE ON THE JUDICIARY, SUBCOMMITTEE ON PATENTS, COPYRIGHTS AND TRADEMARKS, Washington, DC The committee met, pursuant to notice, at 10:30 a.m., in room 226, Dirksen Senate Office Building, Hon. Dennis DeConcini (chairman of the subcommittee) presiding. Also present: Senators Kennedy, Hatch, and Grassley. OPENING STATEMENT OF HON. DENNIS DeCONCINI, A U.S. SENATOR FROM THE STATE OF ARIZONA Senator DECONCINI. The Subcommittee on Patents, Copyrights and Trademarks begins this morning a series of hearings on moral rights in the copyright law. The term "moral rights” refers to those inherent rights of artists, authors, and other creators of copyrighted works that exist simply because the individual created the work. The individuals who have moral rights in these works are not necessarily the copyright holders and may not even be in possession of the copyrighted work. Last year we were faced with several different proposals to create moral rights for artists. Senator Kennedy introduced legislation that ultimately was reported by this subcommittee and by the full committee that was similar to the legislation we will consider later today. Congressman Mrazek and Congressman Yates proposed an amendment to the Interior appropriations bill that would have created a right of film directors and screenwriters to object to alteration of some films. On a related issue, Senator Cochran discussed offering his copyright work for hire legislation as an amendment to the Berne Convention implementing legislation. I reluctantly opposed all of these efforts last year, not because I was opposed to moral rights or to an adjustment in the work for hire doctrine, but because I believed that we in Congress should examine these issues in a thorough and comprehensive way. In opposing those efforts last year I promised that I would undertake such a thorough and comprehensive review in the first session of the 101st Congress. Today we begin that review. I think that it is important that, if moral rights are to be incorporated in the copyright law, they not be implemented piecemeal but rather in a coherent and logical way, if possible. If Congress (1) decides that moral rights are a desirable and appropriate addition to the copyright law, it is important that they are integrated in a manner that ensures that the rights of copyright holders, artists, and users of copyright material are all protected. The copyright law has always represented a balance among the interests of all these parties. Congress from time to time is called upon to address perceived imbalances in the copyright law that favor the interests of one party over another. I believe it is our responsibility to monitor this balance as technology advances and as economic conditions change and, if such imbalances occur, to attempt to correct them. But I also believe it is incumbent on those advocating change in the copyright law to show that such change is necessary and that by correcting one problem we are not creating many others. I look forward to the testimony presented today as well as the testimony we will receive on July 20 and August 3, when we will have subsequent hearings. I am interested in the subject of moral rights and believe that it is a subject that deserves our attention. I am unsure in my own mind as to how we should change it, but I am as interested as anybody in the process of the hearings today, to attempt to get both sides of the issue so that we might make judgments based on merit and not just one economic force over another, or one emotional force over another. I am undecided on these important questions and am hopeful that these hearings will help resolve some of the problems in my mind. [A copy of S. 1198 follows:] |