James H. Billington
Librarian of Congress
The Library of Congress
Washington, DC 20540-1000
The Honorable
Laura D'Andrea Tyson
Assistant to the President for Economic Policy
The White House
Washington, DC 20500
November 7, 1996
Dear Ms. Tyson:
I am writing regarding the World Intellectual Property Organization (WIPO) Diplomatic conference which will take place next month in Geneva. I understand that the National Economic Council is chairing an interagency working group to consider the United States' position on the three new treaties to be considered at the conference
As you know, two of the treaties deal with new copyright provisions and a third creates a new, non-copyright regime of protection for databases. The Copyright Office, which is part of the Library, has supported the Administration by providing technical expertise to the Patent and Trademark Office over the past few years.
Regarding the proposed treaty on copyright protection of literary and artistic works, representatives of the nation's major library associations have met with me to express their deep concern over provisions which they believe will have negative consequences for the future of American education and the public's access to information. These provisions, which were considered by Congress but remain unresolved, deal with the protection of works in the digital environment. The library associations do not want the international treaty process to be used to lock the U.S. into positions that have not been fully debated domestically. While there is general agreement on some provisions of the treaty, I urge that the U.S. delegation not agree to those copyright provisions for which future domestic discussion and resolution is needed.
The library, educational, and scientific communities are also very concerned about the database treaty, which creates a new form of legal protection separate from copyright. I know that you and others in the Administration have heard from representatives of these communities on the proposed database treaty. The official draft of the proposed treaty was not available for review until September and the issues involved have received no Congressional debate at all. I would recommend that the U.S. delegation not agree to any action on the database treaty and instead use the December conference for purposes of discussion only on this particular matter.
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The head of the U.S. delegation, Patent and Trademark Commissioner Bruce Lehman, has been advised directly by members of the House and Senate Judiciary Committees that the Congress has not fully resolved issues in both these treaties and that ratification is by no means assured.
I appreciate your consideration of my views and offer any help we can provide as you continue to prepare for the conference.
Sincerely,
James H. Billington
The Librarian of Congress
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