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STATEMENT OF SENATOR CHARLES E. GRASSLEY

JUDICIARY SUBCOMMITTEE ON PATENTS, COPYRIGHTS, AND TRADEMARKS

THANK YOU MR. CHAIRMAN.

OCTOBER 24, 1989

I WELCOME THE OPPORTUNITY TO ONCE AGAIN ADDRESS THE ISSUE OF MORAL RIGHTS. I FIND IT PARTICULARY INTERESTING TO HEAR FROM THE ALL THE DIFFERENT ACTORS WHO WORK TOGETHER TO CREATE A

FINAL PRODUCT, WHETHER IT IS A MOVIE SEEN BY MILLIONS OF
PEOPLE, A BOOK CIRCULATED AROUND THE WORLD, OR A TELEVISION
SHOW BROUGHT INTO AMERICA'S HOMES EVERY WEEK.

THE TENANTS OF COPYRIGHT LAW STAND FOR THE PROMOTION OF THE PROGRESS OF SCIENCE AND ARTS AND THAT WE MUST BALANCE THE PUBLIC INTEREST AND THE INCENTIVE OF THE CREATORS.

HOW DO WE PROMOTE SCIENCE AND ART? HOW BEST DO WE PROVIDE FOR THE PUBLIC INTEREST WHILE PROTECTING THE INCENTIVES BY

ARTISTS TO CREATE?

THIS HEARING GIVES US A CHANCE TO STUDY WHETHER CONGRESS SHOULD PLAY A ROLE IN THIS AREA. DO MORAL RIGHTS EXIST AND DO THEY CALL FOR LEGISLATIVE PROTECTION? OR SHOULD THESE ISSUES BE ADDRESSED BY THE FREE-MARKET SYSTEM?

CAN THESE CONCERNS BE

BETTER ATTENDED TO BY COLLECTIVE-BARGAINING OR IN THE

CONTRACTUAL ARENA?

28-054 - 90 25

Senator DECONCINI. Mr. Oman, the Register of Copyrights, is our first witness. Would you please introduce your people who are with you, Mr. Oman, and proceed with a summary of your testimony? We ask that you do summarize it. We have a number of questions we would like to ask and then get into a discussion of it. Your full statement will appear in the record.

STATEMENT OF RALPH OMAN, REGISTER OF COPYRIGHTS, ACCOMPANIED BY DOROTHY SCHRADER, GENERAL COUNSEL; ERIC SCHWARTZ AND WILLIAM PATRY, POLICY PLANNING ADVISORS

Mr. OMAN. Thank you very much, Mr. Chairman. For the record I will introduce Dorothy Schrader, the general counsel of the Copyright Office; Eric Schwartz, policy planning advisor to the Register of Copyrights; and William Patry, policy planning advisor to the Register of Copyrights. I come with my full team today because it is a technical area and one in which I would be able to rely on their expertise, as well as my own.

The topic today, as you mentioned, is one of the more controversial subjects before the subcommittee. Today I would rather not talk about any specific bill pending before the subcommittee; instead, I would like to discuss the issue of moral rights generally for works of the performing arts. Here we are talking about motion pictures, sound recordings, and the like.

As you said, Mr. Chairman, this is the third hearing held by the subcommittee this session regarding moral rights, and rather than talk about the moral rights of attribution and integrity, I would rather focus on two subjects: first, my recommendations to Congress about technological alteration of motion pictures; and second, my assessment of the key legislative issues you may want to look at when you consider any additional moral rights legislation.

Let me say at the outset, Mr. Chairman, that I agree with you entirely that we don't have to do anything more on moral rights because of the requirements of the Berne Convention. What you did last year satisfied those requirements. What you decide to do or not do under the present circumstances must stand or fall on its own merits and not rely on complaints of noncompliance with the Convention.

First let me talk about colorization. You have already heard a lot about computer colorization of films, and I will let that issue rest and defer to my distinguished colleagues who will follow me to the witness stand.

It is a very serious issue, of course, and you will hear a great deal about it this morning. In many ways what people are talking about is the preservation of these important examples of the American cultural heritage. Congress, as Senator Leahy mentioned, took an important step in favor of preservation last year by passing the National Film Preservation Act, and just last month the Librarian of Congress announced the first list of 25 great films to be collected by the Library for archival purposes. So the Film Preservation Act does help in the effort of preservation, but it certainly does not end the debate.

As you know, the Copyright Office issued a formal report on the colorization of motion pictures this spring. With your permission, Mr. Chairman, I would like to submit it for the record. I think it would be a useful discussion to include as part of the record.

Senator DECONCINI. Without objection, we will make that part of the record.

[The material referred to follows:]

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Library of Congress Cataloging-in-Publication Data

Library of Congress. Copyright Office.

Technological alterations to motion pictures and
other audiovisual works.

March 1989.

1. Copyright--Motion pictures--United States.

2. Colorization of motion pictures--Law and legislation--
United States.

I. Title.

KF 3070.A83 1989
ISBN 0-8444-0642-2

346.7304'82
347.306482

89-600068

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