[Congressional Record Volume 144, Number 141 (Friday, October 9, 1998)]
[Extensions of Remarks]
[Pages E1995-E1996]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                SONNY BONO COPYRIGHT TERM EXTENSION ACT

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                               speech of

                         HON. JOHN CONYERS, JR.

                              of michigan

                    in the house of representatives

                       Wednesday, October 7, 1998

  Mr. CONYERS. Madam Speaker, I rise today in strong support of that 
part of the term extension bill which actually extends the term of 
copyright. But to object to another, unrelated provision of the bill 
which I wish were not included today. I do support this overall bill, 
and I will vote for it, but as I say, regret that I am forced to accept 
a terrible provision as the price to pay for supporting a bill which 
this Nation urgently needs.
  I deeply regret that copyright term extension legislation was 
hijacked some time ago by interests that have little to do with the 
extension of copyright's term, but through their persistence, and the 
support of some in the House of Representatives whose tenacity is to be 
admired, have succeeded in putting a provision in this legislation 
which is a terrible blow to songwriters.
  Copyright term extension is an important and necessary improvement to 
our copyright laws, and one which I have long supported. After a 
healthy debate, it passed out of the Judiciary Committee without 
dissent, and those of us who support it have fought long and hard for 
it to come to the floor today. It strengthens our domestic copyright 
industry by extending the life of copyright. In addition, it eliminates 
the disadvantage that the United States has operated under since the 
European Union extended the life of its copyrights, but provided that 
copyrights created in countries that did not do the same, like the 
United States until now, would not be similarly protected.
  Although I am wholeheartedly in support of term extension, I am 
deeply disappointed that the leadership has agreed to use this vehicle 
to carve out important protections--meaning real money--from 
songwriters, the overwhelming majority of whom do not make a great deal 
of money to begin with. The musical licensing exemption provision in 
today's bill may be a compromise, but it's bad policy.
  I am concerned that the musical licensing exemption--a wholly 
inappropriate carveout of performers rights--may also be violative of 
international treaty obligations. Specifically, the provision may well 
violate the Berne Convention for the protection of literary and 
artistic works. I am directly talking about Article 11b is of that 
convention, which provides the exclusive right of the author to 
authorize the ``public communication by loudspeaker or

[[Page E1996]]

other analogous instrument transmitting by signs, sounds, or images, 
the broadcast of the work.'' Based on the Register of Copyrights' 
analysis of earlier versions of this bill, I am concerned that the 
carveout in today's bill may violate that provision.
  The case has also been made to me that the carveout--which will come 
directly out of the pockets of songwriters--may also be a taking. How 
ironic that the Republican majority would spend so much time worried 
about takings in the property context, then turn around and do it to 
small business people when nobody's looking.
  I am voting for today's legislation because the extension of 
copyright term is a critical and necessary policy change for our Nation 
to make. I am disappointed that the legislation includes this carveout 
that hurts songwriters. But it was a compromise, and I recognize that. 
I regret that songwriters were made to compromise on something they 
should not have had to be dealing with at all, but it is a compromise, 
and I understand that. I just am not sure that nations that may have a 
claim against us in the world trade organization because of a violation 
of the Berne Convention will understand it, and that concerns me.

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