A Possible Protocol to the Berne Convention Hearing Before the Subcommittee On
A Possible Protocol to the Berne Convention Hearing Before the Subcommittee On
United States Congress House Committee On the J
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71 What is involved, as I mentioned, is one of the basic rights recog- nized by the Berne Convention. There are some theories that in this case the right is not recognized in respect of the use of certain specific works, but that this is a kind of general right to support creativity. However, the way such royalty schemes work deny such kinds of arguments, because such payments are to be paid for the use of protected works. Perhaps the basis for distribution is not perfect, but it establishes a ...rough justice. And as a result of that, owners of rights in those various categories of works receive the payment. So this is clearly under the notion of rights in literary and artis- tic works, which is the subject matter of the Berne Convention as clarified in the preamble and in article 1 of the convention. Mr. Hughes. What are the arguments against home taping roy- alties being treated as a Berne right? Any others other than what you have alluded to? Mr. FicsOR. Yes. There are some arguments.
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