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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
Appeal Against the Judgment of the Tribunal de Grande Instance de
Paris, decision by the Court of Appeals of Paris, July 6, 1989............. 1164
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,"
Moorhead, Subcommittee on Courts, Civil Liberties and the Admin-
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.......
237 241 249 333 336
Van Sant, Tom-Continued
Responses to followup questions submitted by Senator DeConcini Veliotes, Nicholas A.:
Attachment A: List of the Copyright Justice Coalition
from the Photo District News, September 1988...
ment Manufacturers Association.....
The Graphic Artists Guild, Inc., New York, NY (with attach
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:
Attachments: Work for hire contracts.
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
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
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:]