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S. 1301 and S. 1971, bills to amend title 17 of the United States Code to
implement the Berne Convention for the Protection of Literary and Artistic
Works, as revised at Paris, July 24, 1971, and for other purposes.

CHRONOLOGICAL LIST OF WITNESSES

THURSDAY, FEBRUARY 18, 1988

3, 27

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THE BERNE CONVENTION

THURSDAY, FEBRUARY 18, 1988

U.S. SENATE,

SUBCOMMITTEE ON PATENTS,

COPYRIGHTS AND TRADEMARKS,
COMMITTEE ON THE JUDICIARY,

Washington, DC.

The subcommittee met, pursuant to notice, at 9:38 a.m., in room 226, Dirksen Senate Office Building, Hon. Dennis DeConcini (chairman of the subcommittee) presiding.

Also present: Senators Hatch, Leahy, and Grassley.

Staff present: Edward H. Baxter, chief counsel and staff director; Cecilia Swensen, legislative aide/chief clerk; Elizabeth McFall, staff assistant; Kelly Barr, legal intern; Jon James, legal intern; Randy Rader, minority chief counsel (Subcommittee on Patents, Copyrights and Trademarks); Abby Kuzma, general counsel for Senator Hatch; Steve Metalitz, special counsel for Senator Leahy; Matt Gerson, general counsel for Senator Leahy; Mamie Miller, counsel for Senator Heflin; and Melissa Patack, minority counsel for Senator 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 will come to order.

I'm pleased to convene today hearings of the Subcommittee on Patents, Copyrights and Trademarks to receive testimony from a very distinguished group of witnesses. The subject that we will be discussing is certainly not a new one. The question of whether the United States should join the Berne Convention for the protection of literary and artistic works has confronted us for over 100 years. This year I hope we can finally answer that question in the affirmative.

For most of the 100 years since the Berne Convention was first ratified, the United States was concerned only with domestic copyright protection. Our domestic copyright laws were not compatible with Berne in a number of ways. If we were concerned at all about protecting our copyrights international infringement, we were content to attempt to do it through bilateral agreements.

There were periodic efforts in Congress to adhere to Berne. In fact, in 1935, the Senate actually ratified the Berne Convention only to rescind this ratification 3 days later. There are a number of reasons why efforts to adhere to Berne have always failed. Chief

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