entire Title of the United States Code relying for its Constitutional authority (and its theory and interpretation) on Article I, Sec. 8, Cl. 8., with the sole confusing exception of a single category of works which-perhaps-relies upon the Commerce Clause.

14. The bill (§ 2, p. 3, lines 3-6) selectively permits the term "copy" to apply to chips under only a limited number of sections of the Copyright Act (and presumably no others) where that term now appears. Such legislation would add a gray third category to what is otherwise a reasonably clear division of tangible fixations of works into only two categories throughout the Act: "copies" and "phonorecords."

15. In order to provide the protection essential for innocent infringers who may have invested in their own products far more than the cost of the infringing chip unknowingly used in their products, the bill would enact a complex compulsory license (bill, § 5, p. 4, line 12 to p. 6, line 9). The recent history of domestic and international erosion of rights of authors, inventors and trademark owners suggests that the incursion of compulsory licenses into intellectual and industrial property statutes should be avoided if at all possible.

16. Moreover, the bill may inadvertently sweep into the scope of its provisions limiting copyright protection (e.g., compulsory licensing, limited duration of copyright, and other provisions) other copyrighted works which may reside on the chip or be generated thereby, e.g., computer programs and data bases.

17. The duration of copyright for "mask works" (bill, § 6, p. 6, lines 10-20) would be a ten-year period, thus setting such works apart as the only category of works under the entire statute for which a separate term of protection would exist.

18. The copyright term under the bill would be computed differently from that of all other works under the Copyright Act. The term would not be computed on the basis of any of the existing general criteria, such as the individual author's life-plus50 years or, for corporate authors, the earliest of 75 years from publication or 100 years from creation. Rather it would be computed from the “first authorized. distribution," "first authorized. . . manufacture in commercial quantities" (bill, § 6, p. 6, lines 15-18). The concepts underlying the latter two of these three events appear not to have been employed by the copyright law previously.

As indicated at the outset of this memorandum, the specific wording of the bill can be reviewed in detail for possible modification of the language. It is suggested however that it may be more fruitful to review first some of the broader questions such as those above.

Legislation is much needed in this area. The threshhold question is whether the needed legislation should take the approach of H.R. 1028 or an alternative approach.

MORTON DAVID GOLDBERG.

INFORMATION INDUSTRY ASSOCIATION MEMBERSHIP ROSTER 1983-84

ABC-Clio Information Services (ACIS), Academic Press, Access Innovations, Inc., Allied Publishers Private Ltd., Alphatel Corp., American Banker, American Bell, Aregon International Inc., Aspen Systems Corp., AutEx Systems.

Base-line SYSTEMS Corp., Battelle Computer & Information Systems, Berul Associates, Ltd., Bibliographic Retrieval Services (BRS), The Bob Birnbaum Co., Booz Allen & Hamilton Inc., R. R. Bowker Co., BUC Information Services, The Bureau of National Affairs, Inc., BNA Research & Special Information Services (RESIS), BNA Video Group, Business Information International ApS, Business International Corp. Cambridge Research Institute, Inc., Cambridge Scientific Abstracts, Capitol Services, Inc., Carrollton Press, Inc., CBS Venture Öne, Chase Econometrics/Interactive Data Corp., The Chronicle of Higher Education, Citishare Information Services, C.N.R.S. Centre de Documentation Scientifique et Technique, Commodity New Services, Inc., Congressional Information Service, Inc. (CIS), Congressional Quarterly Inc., Cordatum Inc., Cordura Publications, Inc., Creative Strategies International, Cuadra Associates.

Data Courier Inc., Data Resources, Inc., DataBase (Hong Kong) Ltd., Database Services, Datagest International, DATANETWORK (Honeywell), DATAQUEST Inc., Derwent, Inc., Dialcom International, Inc., DIALOG Information Services, Inc., Disclosure Inc., Dow Jones & Co., Inc., DTSS Inc., Dun & Bradstreet Corp., Dun & Bradstreet Credit Services, Dun & Bradstreet Operations, Dun's Marketing Services. Economic Information Systems, Inc., EIC/Intelligence, Ergosyst Assoicates, Inc., Excerpta Medica, FCA Laboratory Ltd., FIND/SVP, France Telecom Inc., Frost & Sullivan, Inc., Fuji Corp., Funk & Wagnalls, Gale Research Co., GAPSET, Gartner Group, Inc., Greenwood Press, Gregg Corp., Grolier Electronic Publishing, Inc.

Harfax Database Publishing, Hart-Hanks Interactive Services, Harvard Business Review, ICP Database Products Division, INACOM International, Infoquest, Informatics General Corp., Information Access Co., Information Consultants, Inc., Information Handling Services, Information on Demand, Inc., Information Researchers, Inc.

The Information Store, Information Systems Marketing, Inc., Information Technology Group, Information Technology Group International, INFOSOURCE, Inc., Institute for Scientific Information (ISI), Institutional Investor, International Business Machines Corp. (IBM), International Data Corp. (IDC), International Development Center, International Thomson Information Inc., ITT Communications Operations and Information Services Group (ITT-COINS), iXO, Inc.

The Journal of Commerce, Kalba Bowen Associates Inc., Learned Information, Inc., LEHIGH/ROCAPPI, Peter Leigh-Bell & Associates Ltd., LINC Resources Inc., LINK Resources Corp.

Management Contents, Marquis Who's Who Inc., the MAXIMIA Corp., McGrawHill Book Co., McGraw-Hill Broadcasting Co., Inc., McGraw-Hill International System Co., McGraw Hill International Book Co., McGraw-Hill Publications Co., Mead Data Central, Meckler Publishing, Media General, Inc., Meredith Corp., Metrics Research Corp., Microband Corp. of America, Microfilming Corp. of America, MICROINFO Ltd., Minneapolis Star & Tribune, MIW Associates, Modern Imaging Division of Braceland Bros., Moody's Investors Service.

NABU Manufacturing Corp., National CSS, National Planning Data Corp. (NPDC), National Railway Information & Publishing Services Division, NDX Corp., New Era Technologies, Inc., The New York Times Information Service Inc., NewsBank, Inc., NewsNet, Inc., A. C. Nielsen Co., Official Airline Guides, Oryx Press.

Participation Systems Inc., Pergamon International Information Corp., Petroleum Information, Pharmaco-Medical Documentation Inc., Predicasts, Inc., Prentice-Hall, Inc., PsycINFO, Public Affairs Information, Publicacoes Tecnicas Internacionais Ltda., Research Publications, Inc., RFP, Inc., Robert H. Riley & Associates, SanomaInternational, SDC Information Services, Sony Corp. of America, Source Telecomputing Corp., SPNB California Databank, SRDS Data Base Publishing Services, SRDS Media Plan Management Services, Standard & Poor's Corp., States News Service.

TeleTouch Exhibition Services, Texas Instruments Inc., Thomas Publishing Co., Thomson & Thomson Inc., Tijl Datapress b.v., Time Video Information Services, Inc., Times Mirror Videotex Services, TRW Information Services Division, UNIPUB, University Microfilms International, U.S.-Asiatic Co., Ltd., U.S. Professional Development Institute, Inc.

Veronis, Suhler & Associates Inc., VNU AMVEST, Inc., VNU Business Press Group B.V., Warner-Eddison Associates, Inc., The Washington Post Co., West Indies Advertising Co., Inc., John Wiley & Sons, Inc., H. Donald Wilson Inc., World Book, Xerox Publishing Group, Ziff-Davis Publishing Co.

Hon. ROBERT W. KASTENMEIER,

INFORMATION INDUSTRY ASSOCIATION,
Washington, D.C., April 30, 1984.

Chairman, Subcommittee on Courts, Civil Liberties, and the Administration of Justice, Committee on the Judiciary, House of Representatives, Washington, DC. DEAR MR. CHAIRMAN: The Information Industry Association wishes to provide brief comments on the proposed substitute amendment to the "Semiconductor Chip Protection Act of 1983," H.R. 1028, as marked up on April 11, 1984.

The IIA is a trade association representing 300 information companies as well as a number of non-profit professional and educational organizations. These companies and organizations are the entrepreneurs of the information age. Our members are in the business of collecting, organizing, abstracting, indexing, distributing, and otherwise adding value to information. We are vitally concerned with the public policy that affects information content in the marketplace. A list of our members is attached for your preference.

The proposed substitute amendment would provide an appropriate means of protection for semiconductor chips. It is our view that contributions as important to high technology as semiconductor chips deserve and require protection if the necessary incentive for their development is to be maintained and enhanced.

At this time we wish to make two critical points about the amended bill:

1. The legislation should make clear that protection under chapter 9 does not in any way affect or detract from existing copyright protection for other works (e.g., computer programs and databases) which may be embodied in the same chips which embody the "mask works."

2. More generally, the provisions which would implement the sui generis protection under chapter 9 should not-either by what they say or by what they do not say-invite an interpretation that Congress intends by implication to change the meaning of the provisions of chapters 1-8 or the meaning of the specific terms used in those earlier chapters. Indeed, the overall relationship between chapters 1-8 and chapter 9 should be clarified, so as to avoid unnecessary confusion.

The concerns we mention are addressed in part by Section 912 (a) and (b) of the proposed amendment. However, we believe that the Congressional intent underlying those provisions should be expressed more fully, both in an expansion of the language of the bill and in supporting language in the legislative history.

We would be pleased to provide any further comments or assistance you may desire in order to implement legislation which is greatly needed for our technology and our economy.

Sincerely,

Enclosure.

ROBERT S. WILLARD,
Vice President, Government Relations.

1983 The information Industry Association, 316 Pennsylvania Ave. S.E., Suite 400, Washington, DC. 20003