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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
“Italo Court Bars TV Blurbs In Pic,” article from Variety, October
18, 1989,

1179
Responses to followup questions submitted by:
Senator Leahy.

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,"
a report of the Register of Copyrights, U.S. Copyright Office, Washing-
ton, DC, March 1989

764
Attachments:
Letter from Representatives Robert W. Kastenmeier and Carlos

Moorhead, Subcommittee on Courts, Civil Liberties and the Admin-
istration of Justice, February 25, 1988 ..

963
Various announcements from the Copyright Office, Library of Con-
gress, Washington, DC:

Notice of Inquiry ......
Notice of Registration Decision.

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

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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
Weisgrau, Richard:

Testimony .....
Prepared statement
Additional statement for the record..

Attachment A: List of the Copyright Justice Coalition
Attachment B: Statements in support of S. 1253.
Attachment C: "245 Reasons Not To Work For Hire,” PDN editorial

from the Photo District News, September 1988...
Attachment D: Various agreements and forms.
Attachment E: List of members of the Computer and Business Equip-

ment Manufacturers Association.....
Attachment F: Special Edition of the Graphics Artists Guild, fall

1987..........
Additional statements for the record from:

The Graphic Artists Guild, Inc., New York, NY (with attach

ments)....
The Authors Guild, Inc..
The National Writers Union, New York, NY

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.
Additional response to questions raised at hearing.

Attachments: Work for hire contracts.
Wilson, Marc F.:

Testimony
Prepared statement.
Responses to followup questions submitted by Senator DeConcini

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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

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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:]

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