[Congressional Record Volume 144, Number 150 (Tuesday, October 20, 1998)]
[Extensions of Remarks]
[Page E2255]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




         S. 505 VIOLATES U.S. INTERNATIONAL TREATY OBLIGATIONS

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                          HON. JOHN S. TANNER

                              of tennessee

                    in the house of representatives

                       Tuesday, October 20, 1998

  Mr. TANNER. Mr. Speaker, recently, the House passed S. 505, the Sonny 
Bono Copyright Term Extension Act. Provisions were included in this 
legislation relating to fairness in music licensing. Some have 
expressed concerns over these provisions.
  The Congress has been advised by the Secretary of Commerce that the 
fairness in music licensing reform legislation violates U.S. 
international treaty obligations. The United States Trade 
Representative, the Register of Copyrights, and the Assistant Secretary 
of Commerce and Commissioner of Patents and Trademarks have all joined 
with the Secretary of Commerce in voicing concerns over these 
provisions. They believe that the exemptions included in Section 202 of 
Title II would ``violate our obligations under the Berne Convention for 
the Protection of Literary and Artistic Works.'' As a consequence, it 
could result in the WTO finding that United States has violated its 
multilateral treaty obligations. Adequate attention was not given to 
these concerns.

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