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other provisions of 506(a). Indeed, the legislative history of the record piracy legislation indicates that Congress feels that record piracy is of greater serietal concern than other infringements. Therefore, the Department of Justice proposal to provide at least an equivalent term of imprisonment is fully justified.
4. Section 506, Destruction of Infringing Articlex. Finally, we urge the inclusion of the amendment to Section 506 noted on pages 24 and 25 of the Department of Justice testimony. Although we believe a reading of the present coppright law may permit the Government to destroy infringing articles, this has been a matter of some debate. Therefore, the Government powers should be made explicit. This would preclude the necessity of the recording industry filing expensive and essentially superfluous-ciril suits to permit the destruction of infringing articles after the Government has successfully concluded its criminal prosecution.
Mr. Gorrikov. Gentlemen, I am president of the Recording Industry Association of America. Our member companies create and market about 85 percent of the recorded music sold in the United States.
We strongly object to the proposed mechanical royalty rate increase in section 115. The mechanical royalty is the amount of monev a music publishing company can charge a recoruling company for the use of a composer's tune in a sound recording.
Section 115 proposes a statutory increase for mechanical royalty from 2 cents to 3 cents. This increase is glossed over as “only a penny" increase. However, that seemingly inno, uous pemr ini olies added payments of about $17 million per year to the music publishing industry, which is an increase of 39 percent.
The $ 17 million "penny" payment is the biggest money issue in this bill, and it is the major commercial and consumer question before this committee. It is more than 11 times greater than the $1 million annual payment by jukeboxes provided in section 116.
It is more than seven times greater than cable television's hotly contested payments to broadcasters of $6.7 quillion per year. And it is almost five times greater than the estimatesis 10 million for performance rovalties to recording vocalists, musicians and record companies. It is actually more than twice all of thom payments combined.
The economic facts, to be detailed by the next witness, show that there is no reason for an increuse. Munde publishers and composers are doing handsomely at the present rate. Their income from mechanical royalties alone has more than doubleed in the past 10 years because of increased wales, which more than oth twintlation.
Significantly, in the 10 vear debate over copyright revisjon, up to today and includmg today, the publishers liai le proposented any profit data that would instafs an inereas. This mornina I scanned the material that the publishers are offering into rudence here, and, oner again, incredibly. there is not a sint of profit information as to how well or how rls they are doing in that mass of material they are going to offer. Yet, with no sh supportive doumentation to date.thes ask for an additionalsti million peor year.
The trit of their presentation they are eching pion for 4 cents, which will be million a year.
That propun ponny in'rray in it alfin indtationary and will stick the puble with an ini protip in mod po xa esposa enfamou S m illion per rearitatem, and Mul! unity. That nimir- punitine. sed to our inkliner and to the F** . It will im hanh burdelis on mall, ligling truri company. It could father dlinourap the already riski bune of recording claffem jurn, and prperimental music.
: provisions of 5061a), Indeed, the r ativ bogats !
on indicates that Congress feed batter ;") . tban orber infringements. Therefopp tbe I
le at least an equivalent terth of . . *. , potion 346. Destruction of /noringing their gir bearerdient to Serting 15 do segm41::. ipatioas. Alibongh we bitte an!
be Goren.ent to detri": ir paie. Teerefore, the Giternbeti
: de Dersity of the M -4. * : :
Vinuirt, the public interest is being will served at the T.mp's 1,monopoly on muule, and plenty of music is air | With originally were the major congresjonali movie alig the compulsory licensing sistem and there
l'acces of the publikung iniluwirr boils down to t *Nadient rate puudublished way back in 1909 cannot poss
A'r :.17, and that "only a penny" increas is involves #** a! Imonstrate that rentals far different from w
I s povest of music, It is a time. Every time - peculia music. 114 st picture on the front, not the componer. E 11.".!! ! Jalil arrange for an artist to record this tuli d'all in the must publishing company and im alruult for every record sold. This rate wat
nitration This point was called merhuneal 11.11 ording art at the time utilize the meaning *** puli or later a one tune Edson #nipplunder, se *
r. W paid for one time, and one time a
Bongo mwenent moved into a one sidder link, lihet
Bj 11.6" in And, again, one tune compriseda nuoret I starred the changes wluch benefited munir publis 11 . at I rottin' w dramat enlls, mith no adlat on: S h ip! First came the two led rpm, 10 inch
82" pokelewhing company and the compat rent, lo, propone nord.
1a, 14 the vin long playing album was elevelope "5.: 1 on 1 d-k. Publiniing companies and compu
I writik, motor rint MW:fa Aptue, Vr. Charman. Trpelum wl,xch pou have in your hand in there on! 1. In , or are there multiple compre!
M frin Ihrer mir proletely multiple ronyo) ** T.*rttapalamp in oli rd. M: 11:8,** yon atp paking of the nulemte p111.
Peer, Ralph, vice president, Peer-Southern Organization; director, Page National Music Publishers Association...
1645 Quayle, Donald R., senior vice president for broadcasting, Corporation for Public Broadcasting....
859 Prepared statement.-.--.
863 Raskind, Leo J., representing the Association of American Law
Schools, the American Association of University Professors, and the
272 Prepared statement.....
269 Ringer, Barbara, Register of Copyrights, Library of Congress..
1779, 1807, 1863, 1901 Prepared statement.---
95 Rockwell, Dr. Margaret, Washington Ear..
1757 Sandler, Jack B., chairman, Government Relations Committee of the Book Manufacturers Institute, Inc...
1695 Prepared statement......
1697 Sheppard, Dr. Walter, representing the Association of Public Radio
Stations. Simon, Gerald A., managing director, Cambridge Research Institute. 1401 Simpson, Paul C., Nashville, Tenn...
693 Prepared statement.---
690 Smith, Eric H., associate general counsel, Public Broadcasting Service...............-.--.-.-.-.-.-.-.-.---...-............
859 Prepared statement..
865 Steinbach, Sheldon E., staff counsel, American Council on Education.. Strackbein, (), R., representing International Allied Printing Trades Association.....
1663 Prepared statement...
1666 Summers, John B., general counsel, National Association of Broadcasters.-.-.-.-.-.-.
- - Prepared statement..... Tegtmever, Rene D., Assistant Commissioner for Patents, Department of Commerce....
163 Prepared statement..
139 Valenti, Jack, president, Motion Picture Anciation of America, Inc.. and the Association of Motion Picture & Television Producers, Inc. 704 Prepared statement.--.
crown 705, 761. 1731 Van Arkel, Gerard, general counsel, International Typographical Union..----------------- ---
1694 Prepared statement.. Wally, I. Alan, president, Record & Tape Association of America... 1238 Prepared statement....
1251 Wasilewski, Vincent T., president, National Association of Broadcartes...
1366 Prepared statement...
1363 Wan pritrom, Alfred H., copyright attorney......
1142 Prepared statement
1217 Wicks, David ()., Jr., Becker Communications Associate...
598 Priparid statement......
607 Wolf, I. Sanford, the American Federation of Musicians (AFL-CIO), and the American Federation of Television and Radio Artists
1298 Proparni tatement.. Wou Pit, Hon. Antonio Borja, a Reprouentative in ('ongrres from the Territory of Guam
1717 Zimmerman, Thoma* F., fint vice president, Vacional Religious Broadcaster, ine . ..
1743 Prepared stille tient
1743 Zurkowski, Paul G., predent, information Industry Association ... 340 Prepared statement
Raiph, vice president, Peer-Southern Ormante Noc Music Publishers Association.......... CITeDonald R., senior vice president for broadcasting Como
ixPic Broadcasting ............
Pascared statement....... u l co J., representing the Aesneist of As
s te Arcerican Acaciation of loverty Pride 18. 1 0 . Concil on Education.........
e statement..... CMT D a Regster of Copyrights, Library.com
A94. a material-
trinnetation and the wale of advertising time to advertiser A. Jerph P.. Assistant Administrator for Legislative A: Nat. Armungitics and Space Administration, letter
voor 5, 1975, to Hon, Peter W. Rodino, Jr., chairman, H ( mittee on the Judiciary.. Ar an Broadcasting Companies, Inc, prepared statement. Arun Bina Pr, Inc., prepared statement. A---- G'uld of Alithor and composers and the National
Porn Amciatiin, joint statement Aranean sarty of Componens, Authors, and Publishers, prop
Andrew, director, Legelative Department, AEL (IO), I dated) is 22. 1975, to Hon. Robert W. hastenmeier ...... R- , Windon J, prident, Cable Division, Teleprompter (: the trust Vfus, Inc. prrpared statement .. . B -- Aann prudent, International Typeface Corp., ltuerd
Teen 1979, ta Hin Robert W. hastenmeier Top Tresol'nder the 1972 Rules and the Impact of Altern.
langt ber Proposal," by Bridgit M Mitchell (2x Rin W, American (hemical Society, letter dated June
1 o* !. - Radt W hastenmeier...... very irrita
Typolice and Type Font Design," stateme to ta, (storal! Indistries, Inc ( Menor, MD.. Irpartment of Radiology, Providence ih A:.r!. tage, Alaka, letter dated July 9, 1973, tHos Pite
Marshall, Sancy H., director, Wisconsin Interlibrary Loan Service,
Madison, Wis., letter dated Jay 6, 1973, to Hun. Robert W. Page
261 Vercer, Johnny, composer, prepared statement.
351 Mergenthaler Linotype Co., prepared statement..
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... National Music Publisher Association and American Guild of Authors & Componens, prepared statement...
920 Nimmer, Prof. Melville B., professor of law, I'CLA School of Law, prepared statement....
1038 Norwood, Frank W., executive secretary, Joint Council on Educational
Telecommunications, letter dated July 10, 1973, to Hon. Robert W.
Linotype Co., letter dated July 28, 1975, to Hon. Robert W.
Outreach, letter dated August 12, 1973, to Hon. Don Young...
Period,' vol., No. 223, Federal Register, November lk, 1973..
1008 Ruck, Don V., vice president, National Hockey League, prepared statement......
813 Schrader, Dorothy M., General Counsel, Copyright Office, prepared
dated October, 1975, to Hon. Robert W. Kastenmeier..... 1659 Steuermann, Clara, president, Music Library Association, prepared statement.......
207 "The Great American Rip-Off," by Mike Terranova, a pamphlet
published by the Independent Record and Tape Association of
1226 Valenti, Jack, president, Jotion Picture Association of America, Inc., letters to Hon. Robert W. Kastenmeier
September 10, 1975.--
November 7, 1975.--.
369 Wally, Alan I., president, Record and Tape Association of America,
letter dated Juls 22, 1977, to Ilon. Robert W. Kastenmeier.... 1263 Warren, Albert, chairman, Copyright Committee, Independent News
letter Association, prepared statement..... Wigrun, Harold E., Sitional l.ducation Associations....
276 W .dritl. Dr. Ray, Department of Chemistry, Montana State l'niversit), prepared tate na nt..............
265 Young, Hon. Den, a Reprowentative in (ongre** From the State of
Alaska, lett's dated October 2, 1970, to Hon. Robert W.
Apptidixi. Teleprompires (orp. Diemorandum on Constitutionality of Primed (oprindit 1.Kiation :Il R. 2223........
1917 Appendix 2 1 5 horietatik papers submitted by the Copyright Office. 2031 A ndi 3 Ripart of Working Group of Conference on Resolution of Copyright lijen dealing with library photocopying).-overs
2002 Appendix 4-Mincellaneous communications .....................