November 22, 1996

The Honorable Bruce A. Lehman
Assistant Secretary of Commerce and Commissioner of Patents and Trademarks
Box 4
Patent and Trademark Office
Department of Commerce
Washington, DC 20231
BY FAX: 703-305-8885

Dear Mr. Lehman:

This is in response to your request for comments on the Chairman's Text of the Diplomatic Conference on Certain Copyright and Neighboring Rights Questions (61 Federal Register 202, October 17, 1996, pp. 54159-60).

Under Title 44 of the U.S. Code, the Government Printing Office (GPO) is charged by law with providing comprehensive and equitable public access to Government information through libraries designated as Federal depositories. A 1993 amendment to Title 44, the GPO Electronic Information Access Enhancement Act (P.L. 103-40), specifically requires GPO to provide for online dissemination to the public of the Congressional Record and the Federal Register, and authorizes online dissemination of other Government information. In 1996, GPO conducted a study of the future of the depository library program, at the direction of Congress, which involved participants from Congress, the Office of Management and Budget, Federal agencies, the judiciary, the library community, the information industry, and others. The study concluded that emerging technologies offer tremendous opportunities for improving public access to Government information through the depository library program, and identified a variety of measures for accomplishing this objective.

I have reviewed the proposed Treaty for the Sui Generis Protection of Databases from the perspective of its potential impact on comprehensive and equitable dissemination of Federal Government information by GPO. Article 2 of the proposed treaty defines the term "database" so broadly as to include collections of facts and information in any format, whether print or electronic. Article 5 would permit signatory nations to implement national legislation, such as was proposed in H.R. 3531, the "Database Investment and Intellectual Property Antipiracy Act of 1996," that could override public domain requirements currently in effect for Government information databases prepared by private sector contractors.

Increasingly, Federal agencies are utilizing private sector contractors to prepare, maintain, and disseminate Government information. A recent legislative proposal introduced late in the 104th Congress, H.R. 4280, the Government Printing Reform Act of 1996, could further expand this practice by decentralizing all Federal printing, publishing, and dissemination authority to individual agencies. In addition, H.R. 4280 would authorize the House of Representatives and the U.S. Senate to "enter into agreements with other entities for the printing and distribution of reports or other documents of their respective Houses." If enacted, this provision could result in the preparation, maintenance, and dissemination of congressional information databases, including the Congressional Record, legislation, hearings, reports, and related documents, by private sector contractors. Under current copyright law, such information would continue to be subject to the public dissemination requirements of Title 44. However, if Federal law is changed to permit copyright protection of Government information prepared by private sector contractors at taxpayer expense, the public could lose comprehensive and equitable access to it.

I am concerned that the proposed Treaty for the Sui Generis Protection of Databases could encourage the enactment of national U.S. legislation that would result in reduced public access to Government information. I therefore urge you to withdraw support for this provision in the proposed treaty.

Sincerely,

MICHAEL F. DiMARIO
Public Printer

cc:
Mr. Daniel Tarullo
Deputy Special Assistant to the President
for Economic Policy
National Economic Council