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APPENDIX B

***Dymmittee on Evaluation of Flow Charts in Ager

of the Flow Charts at p. 2 & 4 and elsewhere .::DAW Transactions."

A:;. data elements 7 and 10 can best be accomplishe '.*** ans: die sim applied to each duplicate copy of the fir

prate LB : identification. In this way each doo * *1.5 daia pletents. ! A las of the ILL or copy request form which 5. and lv as well as others. This was the publishers

bin Ip«trd that data element 1 would, in mai

Stulet the privacy of the user. This method o cutiains reference to data elements 7 & 10. W rapp ( idered by the Working Group, a cover

bet induded with the first pages being sent t

leithis would frustrate accurate account the anat pages, if once separated from the cover

myris to the appropriate source library. di t al data element 12 providing the "inclusiv pow e Point 1). This, like data elements 4, 88 "mcbr tnt page of each article by the publisher. T

soy sad to caii for the publisher to preprint data eler i jep 4f each article to signify its participation i

Plan var article appears or begins on a single wird'a eltrent 10) which of the multiple pri

433 after data element 9 underline LB and a

o

inil For rewly added data element 12 (inclus n Halls but do not underline PR.

APRIL To: Working Group Conference on Resolution of Copyright lexon* From : Committee to Evaluate Criteria and Copy Transaction Mechanism.

The Committee (Joan Titley Adams, Andrea Albrecht, James Barsky pre Fasana, Efren Gonzalez, Erich Meyerhoff, Gordon Randall, Ilavid W2,'pa!!'. G. Zurkowski) met on Monday, April 7, 1975 at Academic Press, 111 * Ar bu York City (2:00 p.m. to 5:00 p.m.).

The language of two documents, Agen Doe 3-WG-3/473. "Verhet
Criteria for Royalty Payments and/or Clearance and Licensing Prixdin IV
Agen Doc 5-WG 3/19/75, "Elements in Photocopy Transactions," was e, *
evaluated. As a final step the committee measured the details of the 17 ***
against the Criteria. The detailed comments on AgenDm* 3 & 5 are I.
the Appendices to this report.

COMMITTEE REPORT
The Committee applied a critical test to both the Criteria and the World
The major points developed include:

Point 1.-_Any mechanism must provide a method for the user to do you there to whether the contemplated copying falls within the inclusive dates of a saints period.

Point 2.- A system based exclusively on duplicate copies of the Art copied journal article in “hard copy" does not provide a royalty pasiro! nism for copying accomplished in microfilm, telefax, video, etc.

Point 3.-It is recognized that there are costs to the librarr iatrist. & royalty payment mechanism. If these costs can be clearly det. bed, it be deterinined how the costs shall be borne.

Point 4.-The mechanism was evaluated for interlibrary cops trana") evaluation was made of either the criteria or the mechanism for other thai.*** library copy transactions,

The Committee concluded that the mechanism and the criteria eder a lasero further discussions.

Pall G ZURKWEK!

( Aatru

APPENDIX A
Comments by Committee on Eraluation of Criteria in Agra Doc 3.

Criterion 1. No objection to machine readable input so lorg as eset: indicia are used to enable parties to know the facts of a traus :00.

('riterion 2, O.K., no committee comments

Criterion 3. Procedure of mechanism must be readily uudetud cluding the lowest level clerical JSNonnel. Jehani in for det har of copy of part of an article still is unresolved.

Suggested language change : Change “any one article to read "rach amo" (riterion 4. (a) OK, no committee (onments,

(b) Publisher should not print notice requiring royalty where it le entitled. (ie if an article is in public domain.)

(c) Definition of inclusive period Deeds further work (repr .:***! 1). It was noted that copyright constitutes a bundle of ri".** air 1**. ing a s ite fee period for single copy (OST doo Not a pol...! * up other rights in copyright. (d) 'The price for page 97tion was discusd in the motrit

**** than the whole article. The Committee felt simplici!r in the front pas ment of the **per article" fee uit than cumle ritien tal ** I ke to eurer partial arti le coping, lei OK, Downmitteinen

W's (ondered to be to general and that werk 14 x tl que polet" spre indefinite and would stand in the mira atin an ! mitte romhendel its Point 3 be incorporated ii. lix:11 of 17

IKI OK, non mitte numit

(riterion 5. OK. Tlie clar li n f this criter! nit!.. ar "! wholeh do titronain the presti****.di in nould, after the loislatid % date, teplempt fruith payment of ins'p(

3 .6 11!

AMERICAN LIBRARY

Chicago,

MEMORANDUM *994:6 ap Coolerence on Resolution of Copyright *** inprih, ALA . ho l ations to the Conference on April 24.

Lxcussions focused upon the development
*** y be applied to account for photocopying
mon van der us an excellent opportunity to mak

med de r utian of the copyright issues.
'bid upon the work of those who develop

w like to propose that, in addition to re C TO** We have made, we also announce tha

ett pa igram to come up with some hard o ' chinint rative feasibility of the mechan Hor** (portunity to evaluate the mechanism mi d t ir labraries

AW!! Dupe patient from several represent **

Nardard Metropolitan Statistical Area . *** Altines in the area will be included

15* Ilie firyption is consistent with the I

*U*f* 13 he analyzed with respect to librar el de m i mording to size will create four

** e arva from each group for the test. An Wa s te the SMISA's acrording to population 4*1** * that there is little relationship bet By >** berre of the anomalies caused by la

APPENDIX B
Commons by Committee on Eraluation of Purur Charts in .genDocu.

I 'The title of the Flow Charts at p. 2 & 4 and elsewhere should read: "Ele. brila Mbotoxopy Transactions"

11. Al p. 3, data elements i and 10 can best be accompitsbed by LB by one of the four mealis;

A. A date stamp applied to each duplicate copy of the Orst page. The stamp Neuid incurimorate LB, Idrotitention, in this way unch douineut contains all the 1.etary data elen.ents.

B An Overlay of the I1.L or copy nquest form which would provide data ebetueuls i and 10 as well as others. This was tlum pubiimbers' preferred method, but it suuld be exp*ted that data plemeit I would, in many cuses, be obliterated so as to protect the privacy of the over. This method Mvuid assure that cax hd. Ulnet.ba yttalas reference to du'a cleanent i & 10 (An earlier considered by the Working Group a cover hert for each copy

0 d tixht be included with the first es being sent to the clearinghouse. 1. (utfatte frit this would frustrate nirurute acounting at the clearing. hujae silue the first pame*, If one parated from the user lieet, (* uld not be

11.00 BiTurutely to the appropriate sourir library III. An additional data element 12 providing the inclusive date for few pay. Blekit (HT( hittee Point 1). TH., like data elements 4, Sund 11. would le pire ft.tted on the first page of each article by the publisher. Thus, the Dieu lani in is uiuentin d to call for the publister to preprint data elements H, 11 and 1 at !he first face of each artile to signify 11 mrtition in the me leninni.

11 If more than oth artkile ali ars or bu kits of a single page, LB would 11.01. le (113 part of data el fient 10) whleb of the bul'ile printed Driv* tertails

1. un 143, after data eletlent 9 underline 1.8 and after data element 10 urderline 1. For nesly added data element 1(11. lundie fred under LI 1.

8 T, 1 l audlant but bot underline PR

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AMAY LIMARY ANNI TATION,

C'Arraga, mu, April 19, 195,

MEVLAVDIM To Working Grip (onli trip on Resolution of C'esprik. Inues. 1977-001 Husmrt Wedgworth, ALA *.,: kytaratuts to the listiretext on Aprai24.

Te perdit din tuntem fumuwi uwin the devel: part of a mertonnino hichi ** E intly be Allied to adunt for potemning activities in diett interlibrary lean offer us an riipllent opt1t.lty to Illa de lite ant prie tamani a

l le luti af the (u might notre In order to build n the work of them who drvråd the deta!. of the Irlandem, I w1.1.1 like to prune that in addition to rting to ar fhreat er up the poor ne hair tode, we an A*.1.4"]tap that we are not for tj 11.* a tl.frethofth test program to turnp winie hard statin! (with wtury to pratrate the administrative feality of the metali. In 'il.rup data 2011 alive to the off 111.. to orduate the t***.1.-12 In 11. Mladt in 3:"nels in d e it. lalafat . "l!e net data will be pati.. v fr i ptur

n iir e* ft 1.18.1111 1.raries to nad In Nimr dard Vatruwaltan Ntatia*Arras in different morts of Har shtri Il laborals in this ara will we fellel wit 1•* 1 t ilfarir Il... rist r u 1.will 01. VI

tilrary LABU

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St. Croix, U.S.

located in small towns, etc. A basic assumption is that the larger the of an SMSA, the larger will be the number of journal interlibrary loans

1. The specific libraries included in the test will be instructed in the 411 gathering procedures.

2. The libraries will provide information on all interlibrary loan 18,54 for journal articles which they fill for other libraries,

3. These data will be analyzed with respect to the frequency and ra. by specific journal and specific publisher within each SUSA.

4. The geographic patterns of borrowing and lending among the librare • be analyzed.

I strongly urge that these test data be gathered at the earliest optos Toward this end we should recommend that the National Commissie braries and Information Science assume the responsibility for subm program.

Recommendation dy Working Group: That the Conference reyes NCLIS that NCLIS assume the responsibility for financing and me with the Conference a study such as suggested in Agen Doc 9 with an uud ing that such a study would include some testing of a payment terte: em

I LOGO sro House Orice Building, 6:* Dr. CARBA Escow is a very distressing letter from m !! wil to Editors who have just published W is already a tremendous success and will m 13storially in February 18 l boher you with this long epistle but in ori sind you have to bave the whole story. Also you are th

Lao wo has been immensely successful for our is! 181 9. bat nevertheless I join the crowd of creativ :-;** tie this dangerous situation your thought ;* ! Kork "Pablo Casals" would be unprotected

of my latest efforts.

stred on NBC' for a half hour with the Virgin W e ariand to the interview. This was in New 0

ayo mag repeated a similar effort always with my * Wistpat effort will be quite visible soon in ma > ****. at Capeel Bay. This is a consigned ad o

APPENDIX 4

MISCELLANEOUS COMCSICATIONS This appendix 4 is composed of miscellaneous communications,

171*are many and include the beautiful crea

1.2. About this I will write to you at a late I***@'? tvar interest regarding the letter from Viking

a mays of your letter expressing your opii il bare to lie protected as far as the owners)

instrain that you are fully aware to whom ti E n for all you can do in this important matter. :

you can be instrumental in bringing this to a

Horse or REPRESENTATTI

Washington, D.C., seplember 8, 1993 Hon. ROBERT W. KASTENMEIER, Chairman, Subcommittee on Courts, Ciril Liberties, and the Administration

Justice, Rayburn House Ofice Building. Washington, D.C. DEAR BOR: It has recently been brought to my attention by Fr!!: 110 Photographer, that your Subcommittee on Courts, Civil Liberties and the ad > istration of Justice is currently considering H.R. 2223, a general revision of the Copyright Law.

in the enclosed correspondence from Mr. Henle, be indicates that certain mor sions, specitically the institutional reproduction section, would love deliberate to his rights as a creator of fine photographs.

I would appreciate your consideration of this particular sertjog weer mark-up session begins. Apparently, there is a language problem which is crea's quite a controversy. With kind personal regards, I am Sincerely,

Ros De Iron

Vamber of Comment Enclosures

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St. Croix, V.S. VIRGIN ISLANDS,

August 29, 1973.
II. Ron De Ligo,
Jungmufth House for Building,
Washington, D ('.

DEAN Rox: Enclosed is a very distressing letter from my former publishers. I
am now with Photo Editors who have just published my hook about Pablo
Canals, which is already a tremendons success and will make its debut in Wasbe
Ilgi most oth« ially in February.

I hate to bother you with this long epistle but in order to understand our diletama, you have to have the whole story. Also you are the only one whose fights I v *t and who has been immensely wuYful for our islands.

Iain alude, but nevertheles I join the crowd of creative photographers in the diatrs. l'lea kive this dangerous situation your thought. Imagine for instance,

13 k t nrnt work "Pabo (aval" would be unprotected by copyright: Enclosed a.wine pro of my latest efforts

I have also been on NBC' for a half bour with the Virgn and photographs as anting background to the Interview. This was in New Orleans. Then (hannel 2 in n Juan Prata Nimilar effort always with my acint on the Virgin 1:11.de My latest effort will be quite visille mumun in many magazine Mkowiak the fiorernor at (aneel Bay. This is a ansigned ad of photography and an pitrnsite pution,

Vy tivities are many and include the beautiful creative painting which my danch'er is doing. About this I will write to you at a later date. I would gratis amirriate your internet regarding the letter from Vilink Presu to me and would

and me a copy of your lofter prpr**ing your opinion of the matter t.at , nraplers have to be protected as far as the ownership of their work in (of. ivrid i am certain that you are fuity aware to whom this letter has to be ment, Think you for all yon ann do in this important matter. I shall lemon grateful for feru if you (nn be instrumental in bringing this to a satisfactory conclus . W.1, all ises, (updaily yours,

Fritz Irrir
V biber of the IVP.

Tur VIKING PR* I . PO NINMIES,

Ver arh, YY. July , 1973 Dr FIND A four publisher, went VIII:a feel yon bild bir informeel alatt a ritinion witbretto pright that wrously affe!#rachu ald We are a king for your usumahe ata bat pruiming to la dilim ult lemtare

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The Association of American Publishers, the Authors League and the organizations are doing everything they can. But it is vital that Care from you. Enclosed is a list of members of the House Judiciary care" conducting the hearings, as well as a list of members of the full Jod: pie mittee, to whom they will report. I urge you to write the memberi 3 the ab committee immediately, and send a copy of the letter to your own per and your Senators, and a copy, if possible, to me. I'm sure you real.' portance of your action. Sincerely yours,

Tuomas H. GOTT

olep« frer a double payment as a result of

la tallroom or similar establishment and t 1 9 a place. "mispinta doble payment because ASCAP does not i prende una s olis, restaurants, night clubs or simil: . . to you I have written to Chairman Kastenme

T ..dicent and prefer not to burden the comm 17:1 I would appreciate it if you could suppleme:

157; ar bare the full background, I am enclosing c

9. Kasibueier dated August 6, and October 30, 1970.

BI

AMETISING TYPOGRAPHERS ASSOCIATION OF A

New York City, N. Por K SYFER, ng mitee on Courts. Ciril Liberties and Admin i Ham judiciary Committee, House of Represente

LAW OFTE OF
WEISVAY, CELLER, SPETT, Moplis & Wrar

T'ashington, D.C., O.,bet 1. ****
Ilon. HERBERT Fuchs.
Counsel, House Committee on the Judiciary.
Washington, D.C.

DEAR HIERB: Enclosed for your consideration is the promsad atle: ** II.R. 2223 to place jukebox royalty rates under review and adjustmeat as a ity of the Copyright Royalty Tribunal.

For the purpose of the amendment, a brief explanation is appended Tr note that the explanation assunies that the full Senate Judi tary fie: * will approre action earlier taken by the Senate Cops right Subotitre : reinstated this jurisdiction in the Tribunal If there is further information you may require, please call upo se. Sincerely,

BENJAMIN L. Zani Enclosure.

MOHAMAT: I did not have an opportunity at the **Trili prepond to your question as to whether al ***

for type face designs were satisfie

they will with the provisions of Title I as wri glese Iturisions continue existing law which do

VENDJEST TO II.R. 2203 (COPYRIGHT REVISION) TO PIACE JI K I R11 RATES L'NDER REVIEW AND ADJUSTMENT BY THE COPYRIGHT Royant TASTE Amend H.R. 2223 as follows:

On page 58 line 33 and on page 50, line 14, delete the phrase "and 1:55 insert in lieu thereof. “. 113 and 116".

Erplanation: The purpose of the amendment is to pinpas authority ne Copyright Royalty Tribunal to review and adjust jukeborrvally rata * ally. The bill as drafted authorizes the Tribunal to undertale such per adjustment of rates with respect to cable television systems iner. 111. 12 mechanical royalties for phono-records (ner. 115). The amendment opportunity action taken by the Senate (opyright Subxcommittee and bis the Slate)... 47 ('ommittee.

., Alavor any expansion of the coverage of Tit

allo di complete presently extends only to relativel live m

a p and that such coverage is all that shou :

rier, we two amendments to Title II. $ 100, y universal licensing provision with '

*blh bas ien conceded by the proponent

Aleet of stion 2012) of Title II to elim **! infriageueut in the absence of actual certit * 0 . Le foregoing answers your questions but I gepaswer any further questions which the Sube

THE ACTHORS LEAGUE OF

Xew York, W.Y.,

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***

LAW OFTI(14 0
WEISMAN, CELLER, SPETT, Modrix & WINNINE

Washington, D.CJotember 6. !2"
Non. HIERRERT FI(HS.
Counsil, Committee on the Judiciary.
Washington, D.C.

Dras HERE: Enclosed for your information is a cops of a 14-** r dari pertama her 3 to the Register of (opyrights from Bernard Korman of ANAP Tbe de concerns a question pat to the Register by (Chairman K

e ley whether there was crer a "double payment" As a mult of ANC.1P live... Sincerely,

BENJAMIN L. 2011 Enclosure.

DEL 149WAN KASTESVII: Last Friday, the l'S, COM #! ***12 240e of is right law in Bartok v. Booxcy & I # .19 by of the opinion within the next few d *.*.434 are Trietant to the pending Revision

*16.8**0.4i them briefly. 1. * a ' mean ag of the term "posthumous war

Ilir Art, wlich is repeated verbatim ir Die ses prestrile the persons entitled to

Han as her die before the renewal year "Tam the right to renew. In the case of 48 ser irrel by the proprietor of the or * .! be truewal clause to give the author':

1* r boer work during the renewal **l erto tur Orchestre was completed du

" !!,!.gut to the publishing firm of Boon tenie wal years. Had Boospy & Hawk , vis i te Bartok's death, there could

AMIRIC AX NAKIITY OF (Owner Art i D F " Tap

Vrie York, J.Y., Normet 3.1:*
Ton BARAKA A NINGER,
Ricoifer of (opyrights, ('opyright Onre, Library of Congrras. Tante

1 Vf. RI*: I write to confirm our terbone antenutkint) * in which you advised me of the great pt to you by (hairman hast,****!

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