Library of Congress Opposes WIPO Treaties

[James Love <love@tap.org>]

It is truly astonishing that the Clinton Administration continues to
support the WIPO treaties in the face of wide opposition in the United
States.  This letter from the Librarian of Congress, which express
opposition to the core features of the treaties, is remarkable, in that
the Library of Congress is the agency which administers the copyright laws
in the United States.  I am distributing this and about 30 other similiar
documents in Geneva this week.  Yesterday Adam Esigrau arrived, from the
American Library Association, and we are all confident that Adam will do a
great job representing the interests of data users over the next two 
weeks.  jamie

                 The Library of Congress
                Washington, DC 20540-1000

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. 

[page break in original]

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




The Honorable 
Laura D'Andrea Tyson
Assistant to the President for Economic Policy
The White House
Washington, DC 20500

cc:	

John H Gibbons, Assistant to the President for Science and Technology
	
Daniel K. Tarullo, Deputy Assistant to the President for Economic Policy
	
Thomas Kalil, Senior Director, National Economic Council
	
Prue Adler, Assistant Executive Director, Association of Research
Libraries
	
Bruce Alberts, President, National Academy of Sciences
	
David Bender, Executive Director, Special Libraries Association
	
Carla Funk, Executive Director, Medical Library Association
	
Carol Henderson, Director, Washington Office, American Library Association
	
Robert Oakley, American Association of Law Libraries
	
Duane Webster, Executive Director, Association of Research Libraries