according to Hugo's hopes humane governing by humane spirit, and not only by technics. Celebrate it today is render it justice for the past and comfort it for tomorrow. Still big countries are note members. However, U.S.A. little by little compensate the gaps, China is willing to adhere straigthforwardly when it hardly wakes up to the rest of the world. Light is both troublesome and fascinating. Troublesome because weakness appears, fascinating because it bears truth. So is the Berne Convention. Authors must not forget it, States must accept it.

We are writing on behalf of the Coalition for Adherence to Berne (CAB) to express our strong support for U.S. adherence to the Berne Copyright Convention.

A consensus exists today in this country today that our adherence to Berne is a necessary element in improving intellectual property protection worldwide. This pro-Berne consensus is reflected in the 1986 Congressional testimony of the U.S. copyright community, the recent Report and Resolution of the American Bar Association, the recommendations of the President's Advisory Committee on Trade Negotiations and the Administration's Intellectual Property Rights Statement.

Berne adherence is an important copyright and trade-related issue for companies that are primarily copyright-oriented as well as for companies that have broader intellectual property and trade interests. Many of these companies and their trade associations are joining the CAB.

Notwithstanding the consensus in support of Berne adherence, some members of the copyright community have raised concerns about the possibility of changes in domestic practice through adherence to Berne. Most however, feel that these risks are either de minimis or can easily be avoided. The CAB will encourage a legislative approach, based on the attached principles, to minimize or remove any potential domestic risks perceived in adherence while gaining international benefits.

As you may know, the United States is the world's largest exporter of copyrighted works. This nation has an important stake in improved worldwide protection of intellectual property. Adherence to Berne is a critical element in both U.S. bilateral and multilateral intellectual property negotiating strategies in the future.

We understand that the House Judiciary Subcommittee on Courts has scheduled hearings for February 9 and 10. We urge you to attend on these two days for a comprehensive discussion of the issue and to answer any questions you may wish to ask about Berne.

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In the attached paper we have discussed the benefits of U.S. adherence to
Berne. We hope that you will carefully study these points and vote to support
U.S. adherence to the Berne Convention.

PRINCIPLES TO BE EMBODIED IN BERNE ADHERENCE LEGISLATION

Implementing legislation and, where appropriate, the legislative history should be guided by the following principles:

Congress should determine those changes in current U.S. law minimally necessary to adhere to Beme and should confirm in implementing legislation that only those, and no other, changes are required.

The Berne Convention is not self-executing. Except for those minimal changes necessary to ensure compatibility, adherence should not in any way affect the present state of U.S. law. To accomplish these objectives implementing legislation should provide that:

• No provision of Berne is directly enforceable in any U.S. court. Private rights exist only to the extent specifically provided for in U.S. domestic law without regard to any laws or practices of other Berne signatory countries.

• Current U.S. law is compatible with Berne in the "moral rights" area. The legislation should make clear that in this area rights under current U.S. law are neither reduced or expanded as a result of U.S. adherence to Berne.

THE BENEFITS OF U.S. ADHERENCE TO THE BERNE CONVENTION ARE SIGNIFICANT AND ANY PERCEIVED RISKS CAN BE AVOIDED

THE BENEFITS OF U.S. ADHERENCE TO BERNE ARE SIGNIFICANT:

The current U.S. campaign to combat worldwide piracy will be strengthened by U.S. adherence to the Berne Convention. Recent improvements in intellectual property protection in Korea, Taiwan and Singapore -- and prospectively in other countries -- are the result of an aggressive bilateral U.S. strategy. Incorporation of intellectual property in the GATT (the General Agreement on Tariffs and Trade) is a cornerstone of the U.S. multilateral trade strategy. U.S. absence from Berne is a significant impediment to full implementation of these strategies.

U.S. adherence to Beme will enhance the credibility of U.S. trade negotiations. The U.S. cannot credibly urge other governments to improve their protection of intellectual property by adopting Berne-level standards of protection if the U.S. itself does not belong to the premier copyright convention. If we are successfully to complete the negotiation of a GATT agreement, it is important that the U.S. demonstrate that it is willing to obligate itself to the terms of the international agreement which has the highest level of protection.

U.S. adherence to Berne will increase the chances for a successful conclusion of
the GATT negotiations on intellectual property. It will be difficult for U.S.
negotiators to adopt the highest levels of copyright protection if the U.S. is
unwilling to join the convention in which those levels are found. Adherence
to Berne will permit the U.S. to argue aggressively for acceptance of the
fundamental principles of copyright protection embodied in Berne and to pursue a
similar approach with other areas of intellectual property (i.e., patents, trademarks,
etc.) where current international standards are clearly inadequate.

U.S. adherence will reduce the uncertainty of protection for U.S. copyrighted works in foreign markets and promote continued contribution of U.S. copyright industries to a positive trade balance. Copyright industries in the U.S., the world's largest exporter of copyrighted works, earn billions of dollars annually in foreign countries, thus helping to reduce our huge trade deficits. These worldwide interests are critically dependent on strong international copyright protection. Continued absence of the U.S. from the Berne Convention potentially jeopardizes this important income stream at a time when the trade deficit is a major problem and U.S. industry is facing increasing international piracy. New markets such as the People's Republic of China -- which is contemplating joining the Berne Convention – are especially important.

Adherence will give the U.S. direct copyright protection for the first time in
the 24 countries, such as Egypt and Turkey, that belong to Berne but not to the
Universal Copyright Convention (UCC) to which the U.S. belongs. Some of these
countries are centers for piracy of U.S. works. Berne membership will eliminate
the current requirement that U.S. copyright owners publish their works
simultaneously in a Berne country to enjoy protection in these 24 countries.

• The "free ride" of simultaneous publication is, in fact, not free. It is available
only to authors, composers and artists who can afford the intricate procedures
for publishing in both the United States and in a Berne signatory country. Even
those who can afford simultaneous publication find that the costs are onerous.
One company alone spends an additional $10 million annually to meet this
requirement. Simultaneous publication is difficult to accomplish administratively