U.S. Adherence to the Berne Convention: Hearings Before the Subcommittee on ... - United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Patents, Copyrights, and Trademarks - Google grāmatas

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STATEMENTS OF COMMITTEE MEMBERS

Mathias, Hon. Charles McC., Jr., a U.S. Senator from the State of Maryland,

chairman, Subcommittee on Patents, Copyrights and Trademarks...........

Thurmond, Hon. Strom, a U.S. Senator from the State of South Carolina..

Leahy, Hon. Patrick J., a U.S. Senator from the State of Vermont.

CHRONOLOGICAL LIST OF WITNESSES

THURSDAY, MAY 16, 1985

Bogsch, Dr. Arpad, director general, World Intellectual Property Organiza-

tion, Geneva, Switzerland...

Constable, Elinor, Acting Assistant Secretary of State for the Bureau of

Economic and Business Affairs, Department of State, Washington, DC,

accompanied by Harvey Winter..

Ringer, Barbara, former Register of Copyrights, Washington, DC

Curran, Donald C., acting Register of Copyrights, Library of Congress, Wash-

ington, DC, accompanied by Dorothy Schrader, general counsel, and Lewis

Flacks, policy planning adviser..

Quigg, Donald J., Acting Commissioner for Patents and Trademarks, Patent

and Trademarks Office, Washington, DC, accompanied by Michael K. Kirk,

Assistant Commissioner for External Affairs, and Michael S. Keplinger,

attorney, Office of Legislation and International Affairs

Hathaway, C. Michael, Esq., deputy general counsel, U.S. Trade Representa-

tive, Washington, DC, accompanied by Alice Zalik, assistant general coun-

TUESDAY, APRIL 15, 1986

Karp, Irwin, chairman, Ad Hoc Working Group on U.S. Adherence to the

Berne Convention, New York, NY; John Kernochan, Nash professor of law,

Columbia University School of Law, New York, NY; and Don Wallace, Jr.,

professor of law, Georgetown University Law Center, Washington, DC............

Risher, Carol, director of copyright, Association of American Publishers,

Washington, DC; Norman Alterman, vice president, Motion Picture Asso-

ciation of America, Inc., Washington, DC; Leonard Feist, former president,

National Music Publishers' Association, New York, NY; Vico E. Henriques,

president, Computer and Business Equipment Manufacturers Association,

Washington, DC; and Morton David Goldberg, proprietary rights counsel,

Information Industry Association, Washington, DC

Steinhilber, August W., associate executive director and general counsel, Na-

tional School Boards Association, Alexandria, VA, on behalf of the Educa-

tors' Ad Hoc Committee on Copyright Law; Edward A. Merlis, vice presi-

dent, Government relations, National Cable Television Association, Wash-

ington, DC; Harry R. Olsson, Jr., general attorney, CBS, Inc., New York,

NY; and Elroy Wolff, Amusement and Music Operators Association, Wash-

Kanin, Garson, president, the Authors League of America, Inc., New York,

NY; and Tad Crawford, counsel, Graphic Artists Guild, New York, NY..........

(HI)

Letter to Hon. Charles McC. Mathias, Jr., May 5, 1986.
Written questions submitted by Senator Mathias

229

231

Responses to written questions....

232

Written questions for Messrs. Alterman, Feist, Henriques, and Mooney,
submitted by Senator Specter, and responses to his questions

234

Bogsch, Dr. Arpad:

Responses to written questions of Senator Mathias ..........

Constable, Elinor:

Prepared statement

Responses to written questions of Senator Mathias.

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...

Curran, Donald C.:

Prepared statement

Responses to written questions of Senator Mathias.

Feist, Leonard:

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
Summary of statement.

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..

Flacks, Lewis: Testimony

Goldberg, Morton David:

"Proposed Adherence of the United States to the Berne Convention,'
testimony of the Information Industry Association....

List of Information Industry Association member companies, March 27,

Statement of the U.S. Council for International Business on the proposed

adherence of the United States to the Berne Convention, April 15, 1986.

Letter to Senator Mathias in response to written questions, June 16, 1986.

Exhibit 1-Letter from Gunter A. Hauptman, corporate patent coun-

sel, International Business Machines Corp., New York, NY, to H.J.

Winter, Director, Office of Business Practices, U.S. Department of

State, April 10, 1985..

Exhibit 2-Letter to Dorothy M. Schrader, general counsel, Copyright

Office, March 29, 1985...

Supplemental comments concerning April 15, 1986, draft imple-

menting legislation for U.S. adherence to the Berne Conven-

Enclosure A: From the U.S. Council for International Busi-

ness, June 16, 1986......

Enclosure B: From the Industry Association, June 16, 1986....

Henriques, Vico E.-Continued

Prepared statement

Letter in response to written questions submitted by Senator Mathias,

June 13, 1986..

"The Legal Protection of Computer Software," a survey prepared for the
International Information Industry Congress, May 2, 1986.....

339

Prepared statement

Written questions by Senator Mathias and answers by Mr. Kanin.

Summary of conclusions of Ad Hoc Working Group on U.S. adherence to

the Berne Copyright Convention.....

Subject: One-page summary of written statement regarding U.S. ad-

herence to the Berne Convention, April 11, 1986...

Subject: Statement regarding U.S. adherence to the Berne Conven-

tion, April 11, 1986

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,
1986..

Additional questions from Senator Mathias

Responses to additional questions submitted by Senator Mathias.

Merlis, Edward A.:

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Letter to Senator Mathias in response to written questions, June 16, 1986.

Olsson, Harry R., Jr.:

Prepared statement

Letter to Senator Mathias in response to written questions, June 11, 1986.

Quigg, Donald J.:

Prepared statement

Responses to written questions of Senator Mathias.

Ringer, Barbara:

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Prepared statement on behalf of the Educators' Ad Hoc Committee on

Appendix: Member list of Educators' Ad Hoc Committee on Copy-

Letter to Senator Mathias in response to written questions, June 17, 1986.

Wallace, Don, Jr.:

Prepared statement

Letter to Hon. Charles McC. Mathias, Jr., June 5, 1986.

Prepared statement of the Amusement and Music Operators Association..

Wolff, Elroy-Continued

Prepared statement of the Amusement and Music Operators Associa-

Letters from the Amusement and Music Operators Association to:

Harvey J. Winter, Office of Business Practices, U.S. Department

of State, March 31, 1986

Senator Mathias, June 27, 1986.

APPENDIX

ADDITIONAL SUBMISSIONS FOR THE RECORD

Final report of the Ad Hoc Working Group on U.S. adherence to the Berne

Convention.......

Preliminary report of the Ad Hoc Working Group on U.S. adherence to the

Berne Convention, December 1985

"Implementing Legislation to Permit U.S. Adherence to the Berne Conven-

tion," a draft discussion bill and commentary

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-

tries of America, Inc., April 29, 1986

Louis Henkin, Columbia University in the city of New York, May 5, 1986.

Bernard Korman, general counsel, American Society of Composers, Au-

thors and Publishers:

May 6, 1986....

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-

ers, June 11, 1986.

L. Ray Patterson, professor of law, Emory University, June 12, 1986.

Eileen D. Cooke, director, ALA Washington Office, American Library

Association, June 13, 1986.

Paul Goldstein, Stella W. and Ira S. Lillick professor of law, Stanford

Law School, June 13, 1986.

Jerome L. Dreyer, president, the Computer Software and Services Indus-

try Association, June 16, 1986..

Stephen R. Effros, president, Community Antenna Television Association,

Kenneth A. Wasch, executive director, SPA, July 18, 1986..

Pamela Samuelson, associate professor of law, University of Pittsburgh,

July 18, 1986..

Letter from Richard Colby, attorney, to Harvey J. Winter, Office of Business

Practices, Department of State, June 2, 1986..

Excerpts from the 1982 Committee Reports of the Section of Patent, Trade-

mark and Copyright Law of the American Bar Association

Responses from the American Institute of Architects to written questions

submitted by Senator Mathias

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