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Affidavits and letters concerning licensing of copyrighted products to
television stations and the sale of advertising time to advertisers...
Allen, Joseph P., Assistant Administrator for Legislative Affairs,
National Aeronautics and Space Administration, letter dated
September 5, 1975, to Hon. Peter W. Rodino, Jr., chairman, House
Committee on the Judiciary.

American Broadcasting Companies, Inc., prepared statement.
American Business Press, Inc., prepared statement...

American Guild of Authors and Composers and the National Music
Publishers Association, joint statement.............

Page

743

178

827

252

-- 1586, 1641

American Society of Composers, Authors, and Publishers, prepared

statement..

925, 947

1335

Biemiller, Andrew, director, Legislative Department, AFL-CIO, letter
dated July 22, 1975, to Hon. Robert W. Kastenmeier..
Bresnan, William J., president, Cable Division, Teleprompter Corp.. 849
Broadcast Music, Inc., prepared statement..
389, 962, 965

Burns, Aaron, president, International Typeface Corp., letter dated
July 28, 1975, to Hon. Robert W. Kastenmeier..
"Cable Television Under the 1972 Rules and the Impact of Alternative
Copyright Fee Proposals," by Bridger M. Mitchell..

Cairns, Robert W., American Chemical Society, letter dated June 25,
1975, to Hon. Robert W. Kastenmeier___

"Copyrightability of Typeface and Type Font Design," statement of position, Castcraft Industries, Inc..

Coyle, Maurice J., M.D., Department of Radiology, Providence Hospital, Anchorage, Alaska, letter dated July 9, 1975, to Hon. Peter W. Rodino, Jr...

1020

517

243

1228

215

1658

1194

Davis, Hal C., president, American Federation of Musicians, letter
dated July 8, 1975, to Hon. Robert W. Kastenmeier..
Ebenstein, Daniel, Amster and Rothstein, counselors at law, letter
dated July 18, 1975, to Hon. Robert W. Kastenmeier...
Evans, Robert V., vice president, CBS, letter dated July 3, 1975, to
Hon. Robert W. Kastenmeier, chairman, Subcommittee on Courts,
Civil Liberties, and the Administration of Justice....

Feist, Leonard, National Music Publishers' Association, Inc., letter
dated October 3, 1975, to Hon. Robert W. Kastenmeier.
Finn, James B., Ph. D., senior vice president, research and develop-
ment, the C. V. Mosby Co., letter dated August 8, 1975, to Dr.
Ray Alan Woodriff.

689

1651

265

General license agreement, restaurants, taverns, nightclubs, and similar establishments..

385

Harris, James A., president, National Education Association, prepared statement..

274

Hightower, John B., chairman, Advocate for the Arts/Association
Councils for the Arts, prepared statement..

263

Ivy, Emma G., R.N., Wrangell General Hospital, Wrangell, Alaska,
letter dated July 22, 1975, to Hon. Don Young.
Keaney, Kevin J., general counsel, Federal Librarians Association,
prepared statement..

215

262

King, Frank Peewee, composer, prepared statement...

394

Korman, Bernard, general counsel, American Society of Composers,
Authors, and Publishers, letter dated August 6, 1975, to Hon.
Robert W. Kastenmeier....

383

Lindow, Lester W., executive director, Association of Maximum
Service Telecasters, prepared statement...

845

Lorenz, John G., Acting Librarian of Congress, letter dated August 26, 1975, to Hon. Peter W. Rodino, Jr., chairman, House Committee on the Judiciary.

McCloskey, Robert J., Assistant Secretary for Congressional Relations, Department of State, letter dated May 7, 1975, to Hon. Peter W. Rodino, Jr., chairman, House Committee on the Judiciary.___ McKenna, Frank, executive director, Special Libraries Association, prepared statement.

Marke, Julius J., American Association of Law Libraries, prepared statement..

174

172

209

254

Additional material-Continued

Marshall, Nancy H., director, Wisconsin Interlibrary Loan Service,
Madison, Wis., letter dated May 6, 1975, to Hon. Robert W.
Kastenmeier..

Mathews, Hon. David, Secretary, Department of Health, Education,
and Welfare, prepared statement..

Mercer, Johnny, composer, prepared statement_
Mergenthaler Linotype Co., prepared statement.

Page

215

261

381

1054

Nathan, Robert R., president, Robert R. Nathan Associates, Inc., letter dated October 24, 1975, to Hon. Robert W. Kastenmeier............... 1640 National Broadcasting Co., Inc., prepared statement.

825, 1385

National Music Publishers Association and American Guild of Authors & Composers, prepared statement_-_

Nimmer, Prof. Melville B., professor of law, UCLA School of Law,
prepared statement....

Norwood, Frank W., executive secretary, Joint Council on Educational
Telecommunications, letter dated July 10, 1975, to Hon. Robert W.
Kastenmeier..

Parker, Michael, director, Typographical Development Mergenthaler
Linotype Co., letter dated July 28, 1975, to Hon. Robert W.
Kastenmeier...

920

1038

883

1041

Passano, William M., chairman of the board, Williams & Wilkins Co., prepared statement...

260

Rayin, Mona (R.N.), instructor coordinator of R.N. Programs and
Outreach, letter dated August 12, 1975, to Hon. Don Young..
"Registration of Original Typeface Designs: Extension of Comment
Period," vol., No. 223, Federal Register, November 18, 1975.............
"Registration of Original Typeface Designs," vol. 39, No. 176, Federal
Register, September 10, 1974.

214

1017

1016

Ringer, Barbara, Register of Copyrights, letter dated June 6, 1975, to
Hon. Robert W. Kastenmeier..

1008

Ruck, Don V., vice president, National Hockey League, prepared

statement....

813

Schrader, Dorothy M., General Counsel, Copyright Office, prepared statement..

Stevens, Hon. Ted, a U.S. Senator From the State of Alaska, letter dated October 8, 1975, to Hon. Robert W. Kastenmeier... Steuermann, Clara, president, Music Library Association, prepared statement

1015

1659

207

"The Great American Rip-Off," by Mike Terranova, a pamphlet published by the Independent Record and Tape Association of America..

1265

Times Mirror, prepared statement..

852

"Typeface Design Protection," statement of position of the American Institute of Graphic Arts..

1226

Valenti, Jack, president, Motion Picture Association of America, Inc., letters to Hon. Robert W. Kastenmeier

September 10, 1975.

1724

November 7, 1975...

1736

Vanantwerpen, F. J., president, Council of Engineering and Scientific
Society Executives, prepared statement.

369

Wally, Alan I., president, Record and Tape Association of America,
letter dated July 22, 1975, to Hon. Robert W. Kastenmeier...
Warren, Albert, chairman, Copyright Committee, Independent News-
letter Association, prepared statement-.

1263

367

Wigron, Harold E., National Education Associations..

276

Woodriff, Dr. Ray, Department of Chemistry, Montana State University, prepared statement...

265

Young, Hon. Don, a Representative in Congress From the State of
Alaska, letter dated October 2, 1975, to Hon. Robert W.
Kastenmeier..

214

Appendixes

Appendix 1.-Teleprompter Corp. memorandum on Constitutionality of Proposed Copyright Legislation (H.R. 2223)_.

1917

Appendix 2.-18 briefing papers submitted by the Copyright Office.. 2051
Appendix 3.-Report of Working Group of Conference on Resolution
of Copyright Issues (dealing with library photocopying) -
Appendix 4.-Miscellaneous communications..

2092

2124

COPYRIGHT LAW REVISION

WEDNESDAY, MAY 7, 1975

HOUSE OF REPRESENTATIVES,

SUBCOMMITTEE ON COURTS, CIVIL LIBERTIES,

AND THE ADMINISTRATION OF JUSTICE

OF THE COMMITTEE ON THE JUDICIARY

Washington, D.C.

The subcommittee met, pursuant to notice, at 10:10 a.m., in room 2226, Rayburn House Office Building, Hon. Robert W. Kastenmeier [chairman of the subcommittee] presiding.

Present: Representatives Kastenmeier, Danielson, Drinan, Pattison, Railsback, and Wiggins.

Also present: Herbert Fuchs and Bruce A. Lehman, counsels; and Thomas E. Mooney, associate counsel.

Mr. KASTEN MEIER. The committee will come to order. We have met this morning to begin subcommittee hearings on H.R. 2223, introduced by the Chair, for the general revision of the copyright law.

Ten years ago this month in this room the subcommittee began what turned out to be 22 days of public hearings on a bill having the same purpose, namely, the total revision of title 17, United States Code, the copyright law.

The 1965 hearings, followed by many subcommittee meetings, resulted in a revision bill being reported to and passed by the House of Representatives on April 11, 1967. The Senate, however, failed to act on that bill and the House-passed bill expired.

In September 1974, when the Senate at last did pass a copyright law revision bill, the involvement of the House Judiciary Committee in the nomination of Nelson Rockefeller to be Vice President prevented House consideration of the measure during what was left of 1974. However, the Congress did enact legislation creating a National Commission on New Technological Uses of Copyrighted Works, of which the President is to appoint the members.

With the coming of 1975, Senator McClellan reintroduced the 1974 Senate-passed bill as S. 22, and the Chair introduced an identical bill in the House under the number H.R. 2223. Title II of the bills S. 22 and H.R. 2223, go beyond providing copyright law revision, and provide protection of ornamental designs of useful articles.

In addition, the subcommittee has before it two measures directly related to the proposed revision. One of these, H.R. 5345, introduced by our subcommittee colleague, Mr. Danielson, would create a performer's royalty as part of the bundle of rights known as copyright. The other, H.R. 4965, introduced by Mr. Won Pat, would authorize the making of video tapes for transmission on noncontiguous cable. television systems, that is, in places other than the 48 mainland States.

H.R. 2223, H.R. 5345, and H.R. 4965 will be placed in the record
of the hearings at the conclusion of this statement.

Article I, section 8 of the Federal Constitution empowers Congress
"to promote the progress of science and useful arts, by securing to
authors *** the exclusive right to their *** writings***." At the
very least, therefore, Congress has the constitutional obligation to
determine whether and to what extent the progress of the useful arts
will be promoted by congressional grants of exclusivity for the writ-
ings of authors.

The purpose of the pending legislation is, in short, to bring up to
date the copyright law which has not been substantially revised since
1909. It should be our commitment to correct this neglect, for the great
and growing acceleration of technology and the resultant new uses of
copyrighted works have rendered much of the existing law inade-
quate and obsolete.

The subcommittee is pleased, this morning, to open the hearings by
welcoming witnesses from the Library of Congress. We have the
Honorable John G. Lorenz, Acting Librarian of Congress; Abraham
L. Kaminstein, former Register of Copyrights who went through the
1965-67 hearings with us, and Barbara Ringer, also an old friend, the
present Register of Copyrights. Mr. Lorenz, will you begin?

[H.R. 2223, H.R. 5345, and H.R. 4965 are as follows:]

94TH CONGRESS
1ST SESSION

H. R. 2223

IN THE HOUSE OF REPRESENTATIVES

JANUARY 28, 1975

Mr. KASTEN MEIER introduced the following bill; which was referred to the Com-
mittee on the Judiciary

A BILL

For the general revision of the Copyright Law, title 17 of the United States

Code, and for other purposes.

1

2 United States of America in Congress assembled,

Be it enacted by the Senate and House of Representatives of the

3

TITLE I-GENERAL REVISION OF COPYRIGHT LAW

4

SEC. 101. Title 17 of the United States Code, entitled "Copyrights",

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7 Chapter 1.-SUBJECT MATTER AND SCOPE OF COPYRIGHT

Sec.

101. Definitions.

102. Subject matter of copyright: In general.

103. Subject matters of copyright: Compilations and derivative works.

104. Subject matter of copyright: National origin.

105. Subject matter of copyright: United States Government works.

106. Exclusive rights in copyrighted works.

107. Limitations on exclusive rights: Fair use.

108. Limitations on exclusive rights: Reproduction by libraries and archives.

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