ALPHABETICAL LIST AND MATERIAL SUBMITTED Letter to Hon. Charles McC. Mathias, Jr., May 5, 1986 Responses to written questions..... Written questions for Messrs. Alterman, Feist, Henriques, and Mooney, Supplementary statement on behalf of the Graphic Artists Guild, the American Society of Magazine Photographers, and the Society of Illus- trators in support of adherence by the United States to the Berne Written questions submitted by Senator Mathias Letter to Senator Mathias in response to written questions, June 5, 1986... Joint statement of the American Society of Composers, Authors, and Publishers; Broadcast Music, Inc.; the Harry Fox Agency, Inc.; the Music Publishers' Association of the United States; the National Music Publishers' Association; SESAC; and the Songwriters' Guild of America Written questions submitted by Senator Mathias Written questions for Messrs. Alterman, Feist, Henriques, and Mooney, submitted by Senator Specter, and responses to his questions Responses to written questions submitted by Senator Mathias. "Proposed Adherence of the United States to the Berne Convention," List of Information Industry Association member companies, March 27, Statement of the U.S. Council for International Business on the proposed Exhibit 2-Letter to Dorothy M. Schrader, general counsel, Copyright Supplemental comments concerning April 15, 1986, draft imple- "The Legal Protection of Computer Software," a survey prepared for the 339 Written questions by Senator Mathias and answers by Mr. Kanin.. 410 Subject: Comments on discussion bill and commentary prepared for the April 15 subcommittee meeting as a proposed draft of imple- menting legislation to permit U.S. adherence to Berne, May 15, Additional questions from Senator Mathias Responses to additional questions submitted by Senator Mathias Letter to Hon. Charles McC. Mathias, Jr., June 5, 1986 Letters from the Amusement and Music Operators Association to: Harvey J. Winter, Office of Business Practices, U.S. Department APPENDIX Final report of the Ad Hoc Working Group on U.S. adherence to the Berne Preliminary report of the Ad Hoc Working Group on U.S. adherence to the Statement of the Recording Industry Association of America on U.S. adher- ence to the Berne Convention, June 16, 1986.. Comments by SESAC regarding Copyright Office Draft on Berne Convention... CORRESPONDENCE Letters to Hon. Charles McC. Mathias, chairman, Subcommittee on Patents, Copyrights and Trademarks, from: Benjamin Y. Cooper, vice president, Government Affairs, Printing Indus- Louis Henkin, Columbia University in the city of New York, May 5, 1986. Bernard Korman, general counsel, American Society of Composers, Au- Douglas J. Bennet, National Public Radio, May 27, 1986. Enclosure: Letter from Lois J. Schiffer, general counsel, and Mary Lou Joseph, director, national affairs, National Public Radio, to Harvey Winter, director, economics bureau, Department of State, Douglas E. Horner, executive vice president, BML, June 9, 1986 Enclosure: "U.S. Should Join Berne Convention, Witnesses Tell Senate Group," article from Publishers Weekly, May 31, 1985.. Edward O. Fritts, president and CEO, National Association of Broadcast- L. Ray Patterson, professor of law, Emory University, June 12, 1986.. Eileen D. Cooke, director, ALA Washington Office, American Library U.S. ADHERENCE TO THE BERNE CONVENTION THURSDAY, MAY 16, 1985 U.S. SENATE, SUBCOMMITTEE ON PATENTS, COPYRIGHTS AND TRADEMARKS, Washington, DC. The subcommittee met at 9:40 a.m., in room SR-385, Russell Senate Office Building, Hon. Charles McC. Mathias, Jr. (chairman of the subcommittee) presiding. Also present: Senators Thurmond and Leahy. Staff present: Ralph Oman, chief counsel; Randolph Collins, professional staff; Pamela Batstone, chief clerk; Debbie Owen, general counsel to Senator Thurmond; John Podesta, counsel to Senator Leahy; Beverly McKittrick, counsel to Senator Laxalt; and Karl Hampe, staff assistant to Senator Simpson. OPENING STATEMENT OF HON. CHARLES MCC. MATHIAS, JR., A U.S. SENATOR FROM THE STATE OF MARYLAND; CHAIRMAN, SUBCOMMITTEE ON PATENTS, COPYRIGHTS AND TRADEMARKS Senator MATHIAS. The subcommittee will come to order. The Subcommittee on Patents, Copyrights and Trademarks is meeting today to examine the implications, both domestic and international, of U.S. adherence to the International Union for the Protection of Literary and Artistic Works, commonly known as the Berne Convention. There is a bittersweet quality to the meeting of this subcommittee in this year, 1985. Fifty years ago on Friday, April 19, 1935, the U.S. Senate actually ratified the Berne Convention without a single dissenting vote. The following Monday the Senate moved by unanimous consent to reconsider the vote and the treaty was returned to the Executive Calendar to await action on the implementing legislation. That proves a point that I have made over the years: Things that pass by unanimous consent in the Senate are usually suspect. [Laughter.] Those that pass after a vigorous debate or by a 60-to-40 or 65-to35 vote are apt to be much sounder legislation. In any event, here we are, 50 years later almost to the day, and the world's greatest deliberative body is still talking about the Berne Convention. I am happy that the latest installment of the continuing debate is now underway, and I am very happy to see the distinguished group of participants that have gathered here today. This hearing will be the first of a series. We have asked witnesses from the public sector to testify. In later hearings the Sub (1) committee will hear from private sector representatives, public interest groups, and academicians. The subcommittee wants to know what changes, if any, would be necessary in U.S. law to bring the United States in conformation with the Berne Convention. We want to know what advantages would accrue to the United States if we join the Berne Union. If there are disadvantages, we need to hear about them as well. It is a personal pleasure to welcome Dr. Arpad Bogsch as the first witness. He has flown in from the headquarters of the World Intellectual Property Organization in Geneva to be with us today, and I know that other witnesses will understand if we give him an extra 5 minutes, in spite of the otherwise inviolable 5-minute rule. [Laughter.] Unless there is objection, we will include all statements that are submitted in the hearing record. We will keep the record open for 3 weeks to give all witnesses time to extend their remarks and to respond to written questions. First, let me yield to the distinguished chairman of the full committee, the Senator from South Carolina, Mr. Thurmond. OPENING STATEMENT OF HON. STROM THURMOND, A U.S. The CHAIRMAN. Thank you very much, Mr. Chairman. First I want to commend you for holding this hearing. I have to open the Senate in just a few minutes, but I wanted to come by and let you know my deep interest in cooperating with you, and I want to especially welcome Dr. Bogsch, whom the Judiciary Committee honored 2 years ago with a laudatory resolution. He has flown in from the headquarters of the World Intellectual Property Organization in Geneva and has come here at considerable time and expense, and we deeply appreciate it. We want to express our appreciation to him. I think this can be a very helpful hearing, and I shall take pleasure in reading the proceedings at a later time. I will have to leave now to go and open the Senate. Mr. Chairman, again, I thank you for holding this hearing and what you are doing in this important matter. Senator MATHIAS. Mr. Chairman, I appreciate your being here. I think it is appropriate that you are here, because Mr. Quigg, in his paper, makes an interesting historical point. It was the States of South Carolina and Maryland alone among the 13 original colonies The CHAIRMAN. Two of the greatest. [Laughter.] Senator MATHIAS. Absolutely, and they have proven their greatness by providing a very high level of copyright protection in their State laws, even before the intellectual property protections contemplated by the Constitution. We are always out in front, Mr. Chairman. The CHAIRMAN. Thank you, sir. You know, after the Revolutionary War ended in 1783 with the signing of the Treaty of Paris, this country went for 4 years without a central government and the Constitution was written in 1787. During that time the colonies under the Treaty of Paris, the name |