which starred Spencer Tracy and Katharine Hepburn, have been exhibited in literally dozens of countries. American authors, dramatists, composers, and artists are this country's most effective diplomats and ambassadors of culture and goodwill. Our works and music and films have done much to win friendship and understanding abroad for the United States and its citizens. It is a great accomplishment achieved without spending hundreds of millions of U.S. dollars; indeed, one attained at a vast profit to the United States. On behalf of the Authors League, I thank you, sir, for hearing this testimony, and I wholeheartedly urge that the subcommittee report favorably on the U.S. adherence to the Berne Convention and the legislation required to make that possible. Thank you, sir. [Mr. Kanin's submissions for the record follow:] PREPARED STATEMENT OF GARSON KANIN Mr. Chairman, my name is Garson Kanin, and I am President of The Authors League of America, the national society of professional authors, representing 14,000 American writers and dramatists. I would like to express the League's appreciation to you and the Subcommittee for giving it this opportunity to present its views on United States adherence to the Berne Copyright Convention. I will not read my prepared statement and I request that it be included in the record of these hearings. The Authors League believes that the United States should become a member of the Berne Convention; indeed, that its accession to Berne is long overdue. On behalf of our 14,000 members, the League urges the Subcommittee to recommend that the Senate ratify U.S. accession to the Berne Convention and enact those changes in the U.S. Copyright Act which are necessary to permit the United States to become a member of the Convention. I am a playwright, a film writer, an author of books, and a director of plays and films, but not an attorney, and therefore I I will not discuss the legal questions involved in implementing our entry into the Berne Convention. I would, however, like to tell you why authors, dramatists, composers and film writers believe it is essential for the United States to join the major nations of the international copyright community who have long been members of the Convention. U.S membership in Berne would give American authors mean all creators of literary, dramatic, musical and artistic works and I greater security for the protection of their works abroad. While some countries are now committed to give U.S. authors a substantial degree of protection by virtue of their (and our) membership in the Universal Copyright Convention, other Berne countries are not members of the UCC. United States entry into Berne would provide a valuable underpinning for protection of our rights in those jurisdictions. It also would stem a mounting resentment in several countries against our failure to give their authors the degree of protection Berne requires. That resentment may well lead to retaliatory measures that will harm U.S. authors, publishers, film producers, broadcasters, and the tens of thousands of individuals who are employed by the industries that manufacture and distribute the works of American creators throughout the world. This country is very much a net exporter of books, plays, films, etc. and it makes no sense for us to remain the only major copyright nation that stands aloof from the preeminent convention that shapes international protection for literary, dramatic, musical and artistic property. That isolation is not only bad business and bad politics, it is intellectually and morally indefensible in an era when copyrighted works are disseminated in international markets and by international media. While satellites and other electronic marvels emphasize that copyright must be treated as an international system of law, the fact is that American authors have long known, from practical experience, that an insular approach to copyright makes no sense. Our novels, plays, textbooks, music, films and graphic works have been published, performed, exhibited and broadcast in all of the Berne nations for decades. Adequate protection under their laws is essential to safeguard the integrity of our works, and to assure that copyright owners are not deprived of income by unauthorized uses; income which flows not only to creators, but also to U.S. producers, publishers, record companies, etc. and their employees. Many illustrious members of the Authors League are truly international authors, dramatists and composers. They have large Since their first audiences for their works throughout Europe, on both sides of the Iron Curtain, in South America and in the Far East. I would like to cite a few examples to illustrate the importance of the international marketplace of ideas to American authors. Two of the great American plays of our time are Tennessee Williams' "A Streetcar Named Desire" and Arthur Miller's "Death of a Salesman." productions on Broadway in the late 1940's, they have been presented repeatedly throughout the world. From 1980 to the present, "Streetcar" has been produced in Spain, South Africa, Hungary, Argentina, Germany, Mexico, Japan, Brazil, Venezuela and Holland; and "Death of a Salesman has been produced in Ireland, Great Britain, Japan, France, South Africa, Hungary, Hong Kong, Iceland, New South Wales, Canada, Holland, Argentina and Poland. "Nickel Mountain", by one our most talented novelists, the late John Gardner, was published in Great Britain, South Africa, Canada, Australia, Sweden, France, Germany, Italy, Spain, Holland, Turkey, Hungary, Norway, Denmark, Brazil, Israel and Czecholsovakia. And "The Kennedys" by Peter Collier and David Horowitz, was published in France, Germany, Spain, the United Kingdom, Australia, Canada, Sweden, Denmark and Norway. My own experience is similar. "Born Yesterday" and other of my plays have been produced in several countries. My novels and biographies have been published in most English speaking countries, and translated and issued in many other countries. And several of the films I wrote, including "Adam's Rib" and "Pat and Mike", which starred Katharine Hepburn and Spencer Tracy, have been exhibited in dozens of countries. It is obvious that the 14,000 author, dramatist and and composer members of the Authors League, are very much concerned that the United States join Berne to assure the fullest degree of protection for our works in its member-countries. But aside from our economic and individual concerns, it is very much in this country's interest to preserve the stability of the international copyright system, which depends substantially on the Berne Convention. American authors, dramatists, composers and artists are this country's most effective diplomats and ambassadors of culture and good will. Their words and music and films have done much to win friendship and understanding abroad for the United States and its citizens. It is a great accomplishment achieved without spending hundreds of millions of U.S. dollars; indeed one attained at a vast profit to the United States. On behalf of the Authors League, I thank you for hearing my testimony, and I wholeheartedly urge that the Subcommittee report favorably on United States adherence to the Berne Convention and the legislation required to make that possible. QUESTIONS BY Senator Mathias for Mr. Kanin 1. The Ad Hoc Working Group identified the renewal and durational provisions as incompatible with Berne. The Copyright Office suggested amending the law so that authors of works first published in a Berne nation would be exempt from the formality of mandatory registration for renewal purposes. Implementing this proposal would discriminate against American authors; on the other hand, only a narrow class of authors would be affected. Do you consider such discrimination to be tolerable, or if not, avoidable? 2. Experts are divided on whether U.S. law on registration of copyright is incompatible with Berne. Assuming the Ad Hoc Group's assessment of incompatibility is correct, two options are available: (1) require registration for enforcement of copyright non-Berne works; or (2) replace mandatory registration with procedural and remedial benefits that would encourage registration. Other Berne countries, such as Canada, India and Mexico, presently use permissive registration as evidence of copyright validity. Which option would you prefer? ANSWERS BY GARSON KANIN TO THE FOREGOING QUESTIONS 1. I believe this discrimination would be tolerable. 2. I oppose the first option (mandatory registration). I believe registration with procedural benefits would be sufficient. I do not think it is fair to authors to require registration as a condition for remedial benefits. Senator MATHIAS. Thank you very much, Mr. Kanin. STATEMENT OF TAD CRAWFORD Mr. CRAWFORD. Mr. Chairman, my name is Tad Crawford. I am submitting this statement on behalf of the Graphic Artists Guild, the American Society of Magazine Photographers, and the Society of Illustrators. |