[Congressional Record Volume 144, Number 151 (Wednesday, October 21, 1998)]
[Senate]
[Pages S12972-S12973]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                             WIPO TREATIES

  Mr. DeWINE. Mr. President, I am pleased to rise in support of the 
resolution of ratification of two treaties that are of unsurpassed 
importance to America's prospects in the global economy of the 21st 
century.
  The World Intellectual Property Organization (WIPO) treaties are 
hardly the topics of everyday conversation in my home state of Ohio, or 
in any of my colleagues' home states. But they are critically important 
treaties. Every country that ratifies these treaties is required to 
update its laws against the piracy of copyrighted materials, and to 
extend those laws to the electronic commerce marketplace epitomized by 
the Internet. That outcome will be great news for Ohioans, and for all 
Americans.
  American creativity is the envy of the world today. Our music, 
movies, computer software, video games and published materials are in 
great demand in almost every country in the world. In fact, taken as a 
whole, the industries dependent on copyrighted are our country's single 
biggest export earner, with an estimated $60 billion in exports and 
foreign sales in 1996. No wonder studies show that the creative 
industries are one of most dynamic sectors of our economy, accounting 
for some 3.5 million U.S. jobs.
  The greatest single threat to this economic success story is piracy. 
New technology heightens this threat. The Internet and other digital 
media offer great potential for bringing the fruits of American 
creativity to new markets; but they also make it easier than ever 
before for pirates to make unlimited numbers of perfect copies of our 
creative works, and distribute them around the world--literally at the 
touch of a button.
  That's where these two new treaties come in. By requiring countries 
to upgrade their copyright laws, and to update them for the digital 
age, the WIPO Copyright Treaty and the WIPO Performances and Phonograms 
Treaty, provide critical new legal tools in the fight against piracy 
worldwide. That will help make overseas markets safer for the export of 
U.S. music, movies, software and books--and encourage the further 
growth of this key sector of our economy.
  Ratification of the WIPO treaties advances another important goal--
one that does not simply translate to dollars and cents. It helps to 
underscore the need for responsible conduct on the Internet. People who 
would never even consider shoplifting a CD or a videocassette from a 
store sometimes think the same rules about respecting private property 
should not apply in cyberspace. Ratifying these two treaties helps to 
dispel that illusion. That's good news, not only for the creative 
community--songwriters, performers, software designers, authors--but 
also for all our families as they explore the exciting new territory of 
the Internet.
  Mr. President, as a member of the Judiciary Committee, I worked with 
my colleagues to hammer out the legislation needed to implement the 
standards of the WIPO treaties in U.S. law. Since our copyright law is 
already strong, only a few provisions had to be added--but, some 
provisions were contentious, and I am pleased that we were able to 
achieve a balanced, compromise solution that commanded almost unanimous 
support. That legislation, which also made other important improvements 
to our copyright law, is on its way to the President's desk, and I urge 
him to sign it.
  Today's action complete the job, by authorizing the Administration to 
formally ratify the two treaties. It will also send a powerful message 
to our trading partners--some of whom must make many more extensive 
changes to their copyright laws in order to meet the standards of these 
treaties--that now is the time to move forward on this critical task.
  I commend my colleagues in the Foreign Relations Committee for moving 
this measure to the Senate floor so promptly after the Senate's 
adoption of the implementing legislation, and I urge my colleagues to 
support the resolution of ratification.
  Mr. HAGEL. Mr. President, on September 10, 1998, in my role as 
Chairman of the Subcommittee on International Economic Policy, Export 
and Trade Promotion, I chaired the Foreign Relations Committee hearing 
on two important treaties that the Senate will ratify today. I refer to 
the World Intellectual Property Organization Copyright Treaty (WCT) and 
the World Intellectual Property Organization Performances and 
Phonograms Treaty (WPPT), collectively known as the WIPO Treaties, done 
at Geneva on December 20, 1996, and signed by the United States on 
April 12, 1997. These treaties will play a key role in assuring U.S. 
global competitiveness in the electronic commerce marketplace of the 
21st century.
  The purpose of the WIPO Treaties is to respond to the challenges of 
protecting copyrighted works, performances and sound recordings in the 
realm of digital technology. The adoption of these treaties represents 
a major step toward achieving adequate protection of intellectual 
property in the growing global economy. Bringing these treaties into 
effect will greatly facilitate global electronic commerce, and will 
facilitate exports and foreign sales of U.S. copyrighted materials in 
markets around the world.
  In the hearing I chaired regarding the WIPO Treaties, the Foreign 
Relations Committee heard testimony from representatives of the 
Administration and from the information technology, telecommunications, 
and motion picture industries, including Jack Valenti, President and 
CEO of the Motion Picture Association of America, as well as from a 
coalition of educational and library interests. All the witnesses gave 
their overwhelming support for U.S. ratification of the WIPO Treaties. 
However, the main message that came from the hearing was that the WIPO 
Treaties needed to pass in conjunction

[[Page S12973]]

with the corresponding implementation legislation that would update 
current U.S. copyright laws. We will have accomplished that task.
  On October 8, 1998, the Senate unanimously passed the conference 
report to H.R. 2281, the Digital Millennium Copyright Act. This 
legislation will allow for the full implementation of the WIPO 
Treaties, by modifying current U.S. law in a few areas to meet the 
obligations imposed by the treaties and to ensure that liability 
questions are clearly defined in the treaties. U.S. copyright laws are 
strong and are vigorously enforced. However, these changes were needed 
to bring them up to date so U.S. law fell into compliance with the WIPO 
Treaties.
  American creativity is the key to our competitiveness in this global 
economy. With so many industries in the United States protected by 
copyright--such as the computer software, music, recording, audio-
visual and publishing industries--being among the most dynamic and 
fastest-growing sectors of the U.S. economy, it is important to protect 
these industries. In 1996, in a study commissioned by the International 
Intellectual Property Alliance, it was estimated that the U.S. creative 
industries contributed almost $280 billion to the Gross Domestic 
Product, and accounted for some 3.5 million jobs, surpassing any single 
manufacturing sector by both measures. Most important, the estimated 
$60 billion of foreign sales and exports by the U.S. copyright 
industries in 1996 made them the leading export sector of the entire 
economy. Consequently, the strength of legal protection in other 
countries for U.S. copyrighted materials is a key factor in promoting 
our global competitiveness.
  The growth of digital networks such as the Internet offers an 
exciting opportunity for enhanced access by U.S. creators to world 
markets, but also presents a threat in the form of increased digital 
piracy of American works of authorship. The same technology that 
enables rapid and efficient authorized dissemination of U.S. 
copyrighted materials around the world also enables pirates to make and 
distribute perfect copies of these materials without authorization, 
more rapidly and efficiently then ever before, and with less risk of 
detection. Network-based digital piracy threatens to inflict losses on 
American creators that dwarf the estimated $18-20 billion which our 
creative industries now lose to overseas piracy every year. For these 
reasons, I plan to hold a hearing next year in my subcommittee on 
International Economic Policy, Export and Trade Promotion on the 
effects of software piracy on the U.S. economy as well as the global 
economy.
  Given the leading role of the U.S. creative industries in the global 
trade in computer software, music and recordings, and published test 
materials, it is clearly in the U.S. national interest for the WIPO 
Treaties to come into force as soon as possible. Prompt U.S. 
ratification of the treaties will send a clear message to other 
countries and will provide critical momentum to the drive to bring the 
treaties into force.
  I urge my colleagues to approve the Resolution of Ratification, and 
thus complete the process of giving the Senate's advice and consent to 
these two important treaties.
  Mr. DeWINE.  Mr. President, also on behalf of the majority leader, 
Senator Lott, I ask for a division vote on the resolutions of 
ratification.
  The PRESIDING OFFICER. A division is requested.
  Senators in favor of the ratification of the treaties please stand 
and be counted. (After a pause.) Those opposed to the ratification will 
please stand and be counted.
  On this vote, with two-thirds of the Senators present having voted in 
the affirmative, the resolutions of ratification are agreed to.

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