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Communications La.-Under the federal communications law, pero casting is by definition non-commercial and non-profit in character. Ast ! television stations, Section 73.621 of the FCC Rules and Regulations pratos follows:

"S. 73.621 Non-commercial educational stations. In addition to the top visions of this subpart, the following shall be applicable to none . cational television and broadcasting stations :

"(a) Except as provided in paragraph (b) of this section, De -: educational broadcast stations will be licensed only to nonprodited-1.. organizations upon a showing that the proposed stations will be used feto serve the educational needs of the community; for the adrancement ( : tional programs; and to furnish a nonprofit and noncommercial televiso cast service.

"(c) Noncommercial educational television broadcast statinns mas tree' educational, cultural and entertainment programs, and programs dem ! use by schools and school systems in connection with regular wbud Vai well as routine and administratire material pertaining thereto."

With respect to public radio stations, Section 73.303 containe a igle simpler provision to the effect that: "a noncommercial educational TV cast station will be licensed only to a nonprofit educational upon showing that the station will be used for the advancement of an 31: program";

Section 73.621 and 73.503 are set out in full in Aprendir A herita

The provisions of the Public Broadcasting Act of 11- the basic ! American public broadcasting--also emphasize the knommerrialcun* ľ public broadcasting and provide for the establishment of a tion, known as the Corporation for Public Broadcasting, with the Ibu: tion of engaging in public interest activities necessary or desirable to see commercial educational radio and television broadcasting. The pertinent sro of the Public Broadcasting Act are set out in Appendix B, including the per authorization of national common carrier interninnertion arus ( broadcasting at free or reuiuced rates in Sertion 33+).

Under the aegis of the Corporation for Public Broadcasting the Broadcasting Service and National Public Radio harp als been orgasm 41 exempt non-profit corporations, the membership of which is life for : commercial, educational television and radio stations durhred as surh by :D Federal Communications Commission.

3. * berefore been widely regarded as clearly distingu
**.4, Dt-profit public broadcasting, which is suppo

, a tire exclusively in educational and other pi

ald expressly forbidden from carrying advertising
neglecteal stations.

A douer Case was principally concerned with the que
" Ml of a popular novel in its renewal term by a n
- ter diepte during its original term. It peripherally
.. 7 haly in that the motion picture was later broad
Rapide ernse from the authorized film distributor, wi
calaul banking institution. The New York court fo

TiT was not liable for infringement damages
-cinc atrol and supervision. Thus, the Rohauer Cas

me what constitutes a “for profit" broadcast i
more of the Copyright Law,

mont be Do question about the fundamental "nonprofit"
**;**£. for the purposes of Section 1(a) of the Copyr
Tam or broadcasting stations are all non-commercial edi

r nd under FCC Regulations only to accredite

-Aations to furnish non-profit and non-commercii
For a ProTision is also made in the FCC Rules for ou

OT *Wise, towards public broadcasting program *** ents for on-air identification of the donors, with


The public broadcasting amendments proposed to the Senate and If committees for the Coprright Revision bills are by their own fesus in publie radio and television broadcast only of non-drarnatic musicni, istars at pictorial works. This memorandum therefore does not deal with :3!... e dramatizations or adaptations under Section 11b) nor the dra . "} covered in Section lid) of the enting (ou right law. Thule te ins": siderations with resynet to muwie, miks and pirotographs are to see interrelatexl, they can probably best frie eramuinas parately in order

1*wal Work - Under Section lies, the copyright prupriror hul kod . 1900), the exclusive right to perform (

wpy rialta non drunat:r II.: P *publicly for protit". From early times in lifuadenting. Inderal (urt je 4.' have affirmed that an over-the-air bruadent constituem a punter portr. and trat commercial brondeasting is "for progr* pien though direct ! Viewink ft are not charged ie Remus r. American 1410 afrin ***** 411 (6th ('ir. (1825). No decision has, hurts. Jedert dir will lat cation of the “for profit" restriction to public broadcasting. Two (21-*** have b**n cited by the munic industry

s ire towarle erempting: Arxirigird Juste Publisher: . D. h& Memorial Radio Ed. ** F JS (2nd ('irc. 1911) and Rohauer r, Killiam Wheme Inc. 391 cm

(1) (.S.D. 1974). In the D. bx ('axe, musik lit•I*** were required for st*. *
and sustaining programs broadcast Oleracterial rad:0 sat148 (3:1
100-n t orporation as performued publicly for pros** 1e dreisen fines **

s brously questond us to reasoning: inuru. Pr fra Ximo er bar rita
tire that the result in the Debe t'axe *** b* the prur Diet#11
the for profit' line" (Nimmer on Copyright, Sex 107 R 41, **). Te

1:12: to extn tixtrials (visual or aural) promoting the

all the broadcast in connection with any prograi
itu dibor Pferences to enforce that prohibition.
.'), under the Public Broadcasting Act of 1967, amer
singura comunications Act of 1934, all of the national

. %100 distributing orka nizations are tax-exempt nony
1 :11temerial educational broadcast stations lice

-1100s etninin jou. To paraphrase Nimmer on
La Doulae, it is dithcult to see wbat could be no
**26* ) (onsidered.

aud et*t* bare argued that underwriting gifts
D e are manivalent to program sponsorship, and thus

v 1. priverans into "for profit" broadcasts. T

Ever, in the face of the FCC Act and R
1*1***e, epidealls bar corporate advertising from

per 1 Monate identification on public television
... sre why criwrate giftsamade without ret

it controlhould be considered for-profit in
"Sconto any is identified by name in direct connect
* * alst) seem clear that if "for profit",

- Wirtm tarred as advertising by the F.C.C., a
tory ' 10mmissibility should preclude a "fo

et nett via

poput me AM AP, in its recent House testimony,
12. 195 !Lat wiat it rinsiders to be the "for profit
alo r s should be taken to contamina

Prist tsile link all of the non-underwritten mat

for the vast bulk of public b
**** in the Deba Case finding of music

al matutis retaining programs by
*** W

programing. But this type of
17: ti has been derisively dismissed by
1 ***** ** Teleprompter cable television lit

El ravin programs have absolutely n
******* arments in ATV-Telased programs,

2! na brodroating System r. Teleprom
l ietti 435 F 335 Cir. (1973)

1urat Anal weight must be given to
ta r kt putelie television or radio be
* *** tion liet been publicly ut
mer: for the past ten years. A

ar aubrita puulishers, or the I

fame has therefore been widely regarded as clearly distinguishable from non

# tal, non-profit public broadcasting, which is supported primarily by fulne funds active exclusively in educational and other public interest prokrnming, and expre*nly forbidden from carrying advertising or selling air-time lle rommercial stations,

The Kushauer ('ana wa principally concerned with the question of copyright Infringement of a popular norel in its renewal term by a motion picture pre dured under license during its original term. It juripherally related to pobije broadcasting only in that the motion picture w.. Inter bronderet over an ETV station under license from the authorized film distributor, with financial a* at from a lokal banking institution. The New York court found that the bank. ing underwriter was not liable for infringement damage in the apnoe of programmatic control and supervision. Thus, the Rhauet ('ave bas little, if any, duruwe waarin on what enstitutes a *for profit" broadcast for the pur**** of Nertion lie) of the (opyright law.

1 errean be no question about the fundamental *nonprofit* character of public hrudinstink, for the purpm of Section 1(a) of the Copyright Law or other

In Pubide bruadcasting stations are all pot cummercial rducational bradenst stations, biorns under Fr Regulations only to acredited non-profit einatot al organization to furnish non profit and on-eunerrial television broadrast verilir. l'rovision is also made in the FC Rules for outside contributions, tai piept or otherwise, towards public broadcasting programs subject to standand rquirrepents for on-air identification of the donors, with the specific prni. Sun that "no cu rrials (visual or nural) promoting the sale of a product or are shall be broadent in conne tion with any programin" and with strit tratriations on dotor references to enforce that prohibitiot).

N.nilarly, under the l'oblie Broadcasting Act of 1157, amending Sertian 377 of 1. Federal ('ommunication Act of 1134, all of the national public bredesting

dels and distributing orrnizations ar tax ermaf fraprot aretie pri he ink only nuo commerrini viuentionni bradenst stations in it by the Freral (4801:00 Untentions (ottuission to traphrase Immer On l'opyright at p 40W) mimit te Dios (ase, it is dieult to me what could be not for profit if publie braden ting is not so cuidere.

ANA and others have argued that underwriting gifts from business in Durations are requivalent to program uron arhip, and thu hvert blir to'p ... and radio prwta buto for profit** loro.deats This artiment is not

ta (ting. huwever, in the face of ti.e 1 Art and kirkulations wilch as iettel above, minialis bar curforate advertising from publie broades fing at 1 retriit conjurate Ident.fention on publie televisyen ** radio programs It is .. ult to me why armorate Kft Diade without return aubueratieti át.

but content control should be cutimidered for prut in nature withpis treuse the drinor runga ny is Identinei by name in direct eu nuwtion with Ananjal *** tr. 164* 1 w ld alwr

clear that 11 for runt, uh unerwriter Wrn tilation would be barred an advertising ly the p r. md conveniri, that the tity fart of it. It wilty ubrouid præiude afor prent' judgment for festtal night purus

Trirrtre ANCP", in fupit 1 e to timony, bae gine mnih further

bataalr written programu mocid te t rn to auttaminate the stories of pubiir

Het is berwrittrh tation Telona Airporn 1- il top l e to furn3 pleit batik af p.jr loro le din Armart for te e le chat in the Debe ('n fling of the


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located in small towns, etc. A basic assumption is that the larger the ben 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 dans gathering procedures.

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

3. These data will be analyzed with respect to the frequency and raak: by specific journal and specific publisher within each SMSA.

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

I strongly urge that these test data he gathered at the earliest ogrtre: Toward this end we should recommend that the National Commissie L. braries and Information Science assume the responsibility for gumiting that program.

Recommendation by Working Group: That the Conference r ead ! NCLIS that NCLIS assume the responsibility for financing and <<--**** with the Conference a study such as suggested in Agen Doc 9 with an uden ing that such a study would include some testing of a payment mertuanisan

1. LOGO, Br ouxe Ofice Building, "

LARS Enclourd is a very distressing letter from my - Punto Editors who have just published i si is already a tremendous success and will ma Sastaily in February. 2015 by weber you with this long epistle but in ord

you have to have the whole story. Also you are the *** 13 wbbas been immensely successful for our isla 131.6, but bevertheless I join the crowd of creative m, nie this dangerous situation your thought. . * Work "Pablo Casals" would be unprotected " U nas latest efforts.

t* . n on NBC' for a half bour with the Virgin I "Le and to the interview. This was in New Or la reped a similar effort always with my

WT atpat efort will be quite visible soon in mar po 97**.! at Caneel Bay. This is a consigned ad of

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MISCELLANEOU'S COMMUNICATIOXS This appendix 4 is composed of miscellaneous communications,

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171.** are many and include the beautiful creat *** About this I will write to you at a later

y's for internat regarding the letter from Viking in a way of your letter expressing your opini

69 hare to be protected as far as the ownershi **T rain that you are fully aware to whom thi **** for all you can do in this important matter, I

}va can be instrumental in bringing this to a s


Washington, D.C., teplember 8, 1995 Hon. ROBERT W. KASTEN MEIER, Chairman, Subcommittee on Courts, Ciril Liberties, and the Administratie

Justice, Rayburn House Office Building, Washington, D.C. DEAR BOB: It has recently been brought to my attention by Fritz Hr Photographer, that your Subcommittee on Courts, Civil Liberties and the Ads istration of Justice is currently considering H.R. 223, a general revise of this Copyright Law.

In the enclosed correspondence from Mr. Henle, be indicates that certain rett sions, specifically the institutional reproduction section, would be detrimet to his rights as a creator of fine photographs.

I would appreciate your consideration of this particular sertion wben mark-up session begins. Apparently, there is a language problem which is creat.2 quite a controversy. With kind personal regards, I am Sincerely,

Ros pt Lroo

Member of (gorn Enclosures.


Nero York, su TUIT. As your publishers, we at Viking feel y Bus 1 1 with spect to copyright that seriously

2. for your assistance in what promises to I

am b fiapress has considered revision of the a * ***tut taking final action, everything ima nt this ***100 of Congress or the ne

** SUP a logg time. The present Copyright ** **Law as the foundation of independent . in 5. liselibool and to ours. to himary community and much of the educ

mnou professional associations, seekin *****.*** La rana want no effective curbs on s sinn o k a total exemption for copying don

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1.1: bend hat these institutions would adopt a

A s when a House Judiciary subcommi WE 4! (ogresxtr.en on that committee repor ** * fra libraries and educators suppor

e were just getting under way, and that hi 19** The members are receiving little or

mother side of the issue. • 1** ** ut the use of copying equipment tol o *o en blate that supratie copsing and distri 4. ti ts of writers, publishers, and, i m a n alt curts on institutional copying w


August 29, 1975. II - Bus I'E LIGO, Linguurth House (mice Building, Washington, D.G'.

DEAR Rox: Enclosed is a very distressing letter from my former publishers. I #m now with l'hoto Editors who have just published iny book alsout Pablo Casals, which is already a tremendous success and will make its debut in Wandilgtewa most ofhially in February.

I hate to bother you with this long epistle but in order to understand our dib-mina, you have to have the whole story. Also you are the only one whose fights Inject and who has ten immensely suiteful for our islands,

I am alone, but nevertheless I join the crowd of creative photographers in the #ate l'Iran give this dangerous situation your thought. Imagine for instance, 31. mart rent work "Pablo (vals" would lie unprotested by copyright! Enclosed a.w witne por of thy latest efforts

I have also been on NBC' for a half hour with the lirain Islands photographs as

l'ting hackground to the interije" "This was in New Orleans, Then (hannel 2 in Min Juan rrato a similar effort always with my acrent on the Virgin Lande My Intest effort will be quite visible swin in many magazines showing the lorernor at (anel Bay. This is a ensinned ad of phoxography and an

lly activities are many and include the beautiful creatise pinting which my da schier is doing. About this I will write to you at a Inter date. I would greatly arreiate your interest regarding the letter from Viking Press to me and would Vi stud me a copy of your letter erpresing your opinion of the inatter that Dovrapiret have to be protected as far as the ownership of their work is cut. **f1d I am certain that you are fully aware to whom this letter has to be unt 11.11.k you for all you can do in this important matter. I shall be mort grateful fung if you can be instrumental in bringing this to a satisfactory rucluxın. 1.ts, all kind wishes, (afuially your,

FRITÉ Ivr. Vember of the VP

THE VIKING PR*** I . P myn.

Det ) ark, Vy, July 31, 1973 IN FIND A your publishers, went Vill:g feel you told i It, fore! Balit ritilation with root to copyrixht that ruiy alle'. tab af us and We are and itix for your intance in what promises to a ditis ult leximitive

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8..0 (igurlah Lawas the furtit:dation of It.da** and publik, 18.*tial to your livelihoci afui to our

Terhire tibrary cutenunity and muh of the pluralitat erribl..ny are,


Ip** *571 ht I riri wutat 15 fev ve furt 1 :1..'l'

in d ator merk a total pirtsationen fur (fying date for fut total prywa **

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The Association of American Publishers, the Authors Leagoe, and organizations are doing everything they can. But it is vital that (nt sro from you. Enclosed is a list of members of the House Judiciary sc * *** conducting the hearings, as well as a list of members of the full Juditie mittee, to whom they will report. I urge you to scrite the members of the nak committee immediately, and send a copy of the letter to your oirn (meer and your Senators, and a copy, if possible, to me. I'm sure you be 3 portance of your action. Sincerely yours,



Ap p is ever a double payment as a result of

i p a lailroom or similar establishment and the *. *re a double payment because ASCAP does not i

het om diminols, restaurants, night clubs or similar bit to yöt I have written to Chairman Kastenmei :1,"rican-Dilbent and prefer not to burden the commi :: : I would appreciate it if you could supplement

mtter. * T hay Lare the full background, I am enclosing com

Kaburier dated August 6, and October 30, 1973. s.



New York City, NY AT KATTYTIER mi m mittee on fourta, Ciril Liberties and Admini po judiciary Committee, House of Representat


Washington, D.C. Omber 1, !!**
Ilon. HERBERT Fuchs,
Counsel, House Committee on the Judiciary.
Washington, D.C.

DEAR HERB: Enclosed for your consideration is the proped apr. **
II.R. 2223 to place jukebor royalty rates under reriew and adjustineat ac or
ity of the Copyright Royalty Tribunal.

For the purpose of the amendment, a brief explanation is appended I note that the explanation assumes that the full Senate Judiciary (33"*** will approre action earlier taken by the Senate Copyright Sub Uli. La reinstated this jurisdiction in the Tribunal If there is further information you may require, please call upo me. Sincerely,

BENJAMIN L. Zari Enclosure.

**IA (RABAT: I did not hare an opportunity at the

let's fred to your question as to whether all !-* 1 for type face designs were satisfied

osilehed with the provisions of Title I as writ guine Disinions continue existing law which doe


Amend H.R. 2?23 as follows:

On page 58 line 33 and on page 50, line 14, delete the phrase "api 115" 2: insert in lieu thereof, ", 115 and 116".

Esplanation: The purpose of the amendment is to confer ant! orier niet Copyright Royalty Tribunal to review and adjust jukelur rriyalts ra*r ** ally. The bill as drafted authorizes the Tribunal to undertake strh prins: adjustment of rates with respect to cable television systems impr. 111. 54 merbanical royalties for phono-records (sec. 115). The amendment trapety action taken by the Senate (opyright Subcommittee and by the State (onmittee.

. A favor any expansion of the coverage of Titi *. L M prage presently extends only to relatively 1 *!** 'arr and that such coverage is all that should

r HT, we two amendments to Title II.

y universal licensing provision with » wburt has ven conceded by the proponents i m ent of section 22012) of Title Il to elimi '21":" nfringement in the absence of actual certifi hat

t he ing answers your questions but I enswer auy further questions which the Subco

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New York, 1.1.,

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KASMEIER, islite,


Washington, D.C., Voramar 6. 13**
Counsel, (committee on the Judiciary,
Washington, D.C.

DEAR HIYRR: Enclosed for your information is a mops of a lettre de rett Vesten ber 3 to the Register of ('opyrights from Bernard Korman of ANCAP The p**** concerns a question put to the Register by (hairman Knappropri gup mu whether there was over a doulle paynent" as a result of ANCAP lip*: Sincerely,


W A AR KAIMTIER: Last Friday, the US, CON t'.** * Yusriglit law in Bartok v. Booxey & H e t is of the opinion within the next few da

i are relevant to the pending Revision .,

fi dix'ta them briefly. *** * Emean ag of the term "posthumous work

open dit, which is repeated verbatim in and the pritrile the persons entitled to:

Hal auth. dies before the renewal year, 1 *** T h e right to renew. In the case of :

cui se arul by the proprietor of the ori

helmi! be le al clause to give the author's R i ta Or Oer work during the renewal I l Morto, fir Orchestre was completed du

! Report xht to the publishing arm of Boost buiten het wal years. Had Boospy & Hawke * Ai

r e Bartok's death, there could


Nese York, N.Y.. dorompt 4. 1.
Register of ('opyrighta, ('opyrigM 0410, Lahrary of Congres II Germ . Dr
IXAR VS. RIVER: I write tr rt

Tine Taoathin this page in which you adimed me

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