Mr. KASTEMEIER. Thank you, Mr. Smith.

Briefly, we would like to hear from another distinguished American picture director, Mr. Elliot Silverstein, who is here.

TESTIMONY OF ELLIOT SILVERSTEIN, CHAIRMAN, PRESIDENT'S COMMISSION, DIRECTORS' GUILD OF AMERICA

Mr. SILVERSTEIN. Thank you, Mr. Chairman, for the opportunity to make a very brief remark and some presentations to the committee.

First of all, with regard to the question of alienation occurring prior to work beginning rather than at the point the work exists, I would like to submit a letter from Mr. George Schaefer, former President of the Directors' Guild, a copy of a contract which he recently was asked to sign, including under the various rights granted to the producer the following phrases:

The employee hereby waives throughout the world the benefit of any law or doctrine or principle known as adroit moral or moral rights of authors or any similar doctrine or principle however denominated to the maximum extent permitted by any such applicable law, doctrine or principle.

This demonstrates what my colleague, Sydney Pollack, has said, either sign it or you don't work. I would submit that letter for your consideration.

[The letter follows:]

Please note marked section in cantract
submitted to me by Gaylord Productions,
whose lawyers are Silverberg, Leon, etc.
in Century City.

I of course struck out the marked section.

Begf.

George Schaefer

C. Rights and Materials.

(1) All materials supplied by Employee for the Program hereunder shall be subject to approval of the Producer, the broadcasting company or network, and the sponsor and its advertising agency. Employee expressly agrees that all of Employee's services hereunder are being rendered as a specially ordered or commissioned part of a motion picture and that Producer shall be the author and first copyright proprietor of all such materials and all of the results and proceeds of Employee's services hereunder (and all such materials and results and proceeds, therefore, shall constitute a "work made for hire" within the meaning of the Copyright Act). Producer shall own in perpetuity all rights of whatsoever kind and character, throughout the universe and in any and all languages, in and to the Program and the materials to be supplied and created by Employee hereunder and any and all parts thereof, and all of the results and proceeds of Employee's services hereunder, including, without limitation, all presentations, ideas, literary and artistic materials, titles, dialogue, characters, plots, formats, and all other matters and any and all parts thereof (all of the foregoing, "materials") written, suggested, composed, created, prepared, submitted or interpolated by Employee for or in connection with the services to be rendered and/or the materials to be supplied by Employee hereunder, or the preparation, directing or production of the Program. In connection with the foregoing, Employee expressly agrees that Producer shall be entitled to and hereby acquires the maximum rights permitted to be obtained by employers and purchasers of material under applicable guild or union agreements and shall have the exclusive right to use, exploit, advertise and otherwise turn to account any and all of the foregoing, in any manner and in any media, whether now known or hereafter devised. Producer shall, except as may be expressly provided to the contrary in the Main Agreement, pay to Employee the applicable minimum compensation, if any, required pursuant to the DGA Agreement for theatrical release of the Program, reruns or foreign telecasts thereof, exhibition of the Program in supplemental markets, or for episodic sequels based on the Program.

(2) Producer shall have the right, but not the obligation, to use, adapt, change, revise, delete from, add to or rearrange the materials, or any part(s) thereof and to combine the same with other works of Employee or of others, and to reproduce, record, transmit, broadcast, perform, exhibit, and communicate the same by any means now known or

hereafter devised, either publicly and for profit, or otherwise Employee hereby waives throughout the world the benefit of any law, doctrine or principle known as "droit moral" or "moral rights of authors" or any similar law, doctrine or principle, however denominated, to the maximum extent permitted by any such applicable law, doctrine or principle.

(3) Employee shall, at Producer's request, execute, verify, acknowledge and deliver to Producer or procure the execution, verification, acknowledgment and delivery to Producer of such assignments, documents or other instruments which Producer may from time to time deem necessary or desirable to evidence, establish, maintain, protect, enforce or defend its rights hereunder to fully effectuate and carry out the intent and purposes of this Agreement and to convey to Producer those rights in and to the materials to be written and/or delivered to Producer by Employee hereunder. If Employee shall fail to timely do so, then Producer is hereby irrevocably appointed Employee's attorney-in-fact (which agency shall be deemed coupled with an interest) with full right, power and authority to execute, acknowledge, verify and deliver the same in the name of and on behalf of Employee.

D.

Recordings. Employee agrees that the Program may be recorded by kinescope, film, electrical transcription, tape or other recording means and that Producer may use or cause said recordings to be used for broadcasting, theatrical exhibitions, and other uses in any media, without any limitation whatsoever, except as may be required by applicable guild or union regulations, and for promotion, institutional, reference, file and audition purposes and at any time by the Armed Forces, and, in addition and without limitation, for educational and non-profit purposes. The Program may be broadcast alone, as one of a series of programs, at any time and from time to time, and except as provided in this Agreement, no additional compensation shall be due or payable therefor. Producer shall have the right, at any time, and from time to time, to change the day, time, place and basis (including, but not limited to, syndication) of broadcast, and the network or other broadcast facilities.

E. Representations and Warranties.

represents, warrants and agrees that:

Employee hereby

(1) Employee is free to enter into this Agreement, and Employee is not subject to any obligation or

Mr. SILVERSTEIN. Secondly, the decision the Congress makes on the issue of moral rights will have an impact, not only on American film artists, but on non-American directors and writers whose work may be exhibited in the United States. Therefore, as part of a planetary fraternity, they are interested not only on what the destiny of their work is in the United States, but the work of their American colleagues.

Last summer in Barcellona there was a festival of international film directors and writers, which dealt with the concerns, problems and opportunities in the film making world, and out of that Barcellona festival attended by directors from all over the world, including many of the Berne signatory countries, came the Barcellona manifesto, signed by a few hundred directors, some of whom are American, many of whom are members of the signatory countries. It states in English, directors and writers as the artistic authors of films demanded the moral right to have their work exhibited throughout the world in the form in which it was originally released.

There is also-we asked members of the Barcellona film festival management to ask non-American directors to sign a petition to this committee as a demonstration of their interest that what the Congress does here will have an impact internationally and far beyond the borders of the United States. It is not in the shape we would have preferred had we supervised it.

It contains the names of individuals and their country of citizenship, as well as the names of chiefs of international organizations signing on behalf of their members.

I would submit this to the committee for its consideration and understanding of the international impact of whatever decision the Congress reaches.

Mr. KASTENMEIER. Without objection, we will receive those various documents.

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