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** '» mahrtles tliere is ever a double payment is a result of ASCAP licensing Born the outer ora lallroon or simar establishment and the musicians who ferta at such a place.

18ss is beter a double payment because ASCIP do not lierne mn«icians of form at ballroom restaurants, night clubs or similar extallixlaments.

all 11 toplote to you I have written to (hairman Kastenmeier twice contro11. Le ballroom amendment and prefer not to burden the cominitten with another

BORI: "fad. I *muld appreciate it if you (uld supplement your testimoliy bug reporter to this letter.

it you may have the full background, I am not sing copies of my letters tu (...man kasienteler dated August ), and Oktober 31, 1370. Sierry

BirxaRD KURMAX.

A XTI IVI TYNWRAPHYEN A STATION OF INFRICA, Ire,

escork City, N... July 2, 1975, 11.81 Brut KARYAYITH, Pir , ne a Drimmaller om romerte Piel Liberties and Administration of Justimp

By the House Judiciary Committee, Hunter of Representatives, Washington,

In Vu (HAIKMAY:I did not have an opportunity at the July 17th herits 01", titame laid to room to your question as to wherer all of the "finaient" *. **on os right for D face destin* Note wind with the bill us

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(nrlaritinis as follows:

11 We are said with the profisions of 'Title I a written leap of our frize that these probatons rootinue raising law which does but proteity

pie 1 d e lo na Pitor an empaneling of the everage of litle Il beaune of our He cout Huth exrruke pre meltiy erten 01's to relaliselt few truls ullsjal

is fue se fair and cut surb quirir - 11 at hould be affonid

Wedorowser, en mrtometituto Iitle II. 10) A TX this uirir al llavi.*.115 Jotunnin st! postainable mes t.be for what the longo proud by the forrow) is a protetton, and 11 Ariel'1 ent of i

n ) of Title 1l to patullate the p lati'y A mail for fringon etat in the alertat of actual cortafusie of printrats I trust that the forthg a newer your quest101s but I would be happy to ' l ute op mewar any further questions dadeli tlor olunua ini! 11 may Lir.

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his widow and children were entitled to renew. But although the ( 111 performed during Bartok's lifetime in Carnegie Hall and Boss : ** Hall and broadcast, printed copies were not disseminated by the pull. . few months after Bartok's death.

Although a "posthumous work" is not defined in the Act, the I**T Judge ruled that the test was "publication" after the author's deats que, that this defeated the purpose of the renewal clause. He therefore , the publisher, rather than Bartok's widow and children was 11.1.1 N * renewal copyright. The Authors League filed a brief amicus curiae : 2:7*:

In its brief, the League argued that within the context of the traditi a work could only be deemed 'posthumous" if the rights to copyrile it were not granted by the author during his lifetime. And this wa y points argued by the Appellant. The majority of the Court of Appeale "The only definition of 'posthumous' which fulfills the legislative purtare tecting authors and their families is that in the narrow situation-- photo here-- where a contract for copyright was never executed by the auth:1 0:*** his life."

The Court of Appeals reversed the District Court decision, and rue" > widow and children were entitled to secure the renewal.

The Court also ruled that where publishers had serum rrbetat m1!:) in such circumstances, they were held in trust for the widow, wi me: ". children.

Needless to say, The Authors League belieres that the majority of * rect, and we respectfully urge that the Subcommittee, in its report i v sion Bill, indicate that the ('ourt of Appeals construction lacrepe ! * and applies to Sec. 304 of the Revision Bill. Sincerely yours,

Irwis Karr, 1: .

"! ! got too late for you to consider, or if you al

moderation, my concern for the exploitation of a 14." As mapietely unprotected. This is the creati 20 pch as games be plays and annotates. go crena has been as old as chess itself, over 100 :

but the exploitation is particularly visible a W! OND champion, Bobby Fischer, to the wor 1:43 since 1918. His magnetic play and the r

pias Nobel Prize laureate Eccles, for his bi care a Mozart or Mendelsohn or a Keats with th myyn? and in our own days Bobby Fischer at 6 disco BT's' train of a chess genius.") successfully chal

i per estrated the scale or renumeration i .6:3! S ons of dollars.

fraiest champion has also been its greatest

to the subject I am writing about, we fin '.8": ne (@ihe cover and his games between cove P!" de Bees nothing. let obviously only his name

ir ar bwks with literally nothing but the score

internet comments and analysis from newspap im' s Lewise no protection from the exploita

47. And it is only one step from newspapers

RECORD IXDI'STRY AssOCIATION OF A MIRIA

Los Angeles, Calif., september 1», 1.**
Hon. GEORGE DANIELSON,
House of Representatives,
Washington, D.C.

DEAR MR. DANIELSON : During the recent Subcommittee (petimony nemou. cal royalties, you questioned Leonard Feist of the Music Publisher : as to whether mechanical royalties above 2e are ever paid. Mr. Fest stalk royalties in excess of 2¢ are paid only by agreement between publishers and me ing companies on long classian) works at the rate of 1, per minute.

Mr. Feist's statement to you was not complete and was not a full rr** prevailing practice. In addition to classical works, popular rexurdir.eu, tym agreement among publishers and recording companie, no en tu an " *. rate whereby mechanical moyalties and recording, in era of 5 minit ! at the rate of inne per minute. Therefore, a recording tlat is just airt 3! *** long would pay 21, a recording that is just over 6 min','* . * 3e, etc.

In our own industry's research on the mechanical question. I peperat. ** risa the examination of the Top 10 best selling album in a piirn

* 1064 total tules represented within those 1) albumns, I found toat " (12496) were in excess of 5 minutes in length, and thus were qua ! mechanical royalty in excess of 2e. A recent Cambridge Rasenrob 1101up" showed that mechanical royalty rates over 2e are paid on 5. of regularza. records because of overtime rute practices I hope this clarifies the inaccuracies in Jr. Felst's reponse to your que, Respectfully,

STAVIET NO&IA

mature of this to the work of your committe i naio do about the exploitation may not be.

nigheten at the lerel I am speaking of, is not 1 T ail postscript describing what goes into t B 12 vit enters into the public domain and is

draw the parallel between chess and the art 19. a which such exploitation has been fought "1 . it ways to fight it in chess. .

premature to go into detail here about ** P***. Lay be extended to chess, so I will on *** Irrable thought and find no serious pr 175 t De arts and wieder, where they have bee os, I would be glad to testify in front of you

.!! ! Try my case to the chess public throug! W ii Fitation. The editor of its main publica *

be leading ches& magazines with a wo * 18 an othetic to the cause and supports my

* ** , ard petitioning that the magazine exte P

a yment for any use of a chess game. It w B y to the profession by allowing the artist

to nee my amdemic offices to further *q* m. articles dealing with ebess in general, an

.:: 0 was a professional chess play minder in America). They will appear in

6. ar to very long articles will appear Mother n the life and Review.

peny 1 wrive will deal with the copyright • w yrale plight of the professional chess pla f i*** tion being a contributing factor.

**song can gire this a serious considerati beyant and yours,

MATII VATICARIVIEWS

TvTESITT (F 1': ***

Ann Arbor, Work, Otorr!!:*
Hon. RODERT W. KANTTSVIITR.
Head-(*ommittee on Copyright Laue, Rayburn House One Building.
Ilashington, D.('.

TAR SIB: Arrent article in the Is News & World Rewire 10
1973) called to my attention the reevaluatie in (razre- of the stru.
our copyright la six, and I understand your e mittee is alwut to take som
action.

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PRODECTION OF THE CHESS G
a s arbres game is a product of man
PAS Deneral prodcienky, plus specific prej
* good at graison 1 mally begins in the early
*. this *** promijent by the early twentipe

"
m ireak Bibby Fischer is 96

I bute it is not too late for you to consider, or if you already hare then to add torxonideration, my (oncern for the prploitation of a form of creation which # !ly is upletely unprotected. This is the creation of the che as player in the form of the chess games he plays and annotater,

Th.ie concern has been as old as chess Itxell, orer 100 years in the form I am *fvalling of, but the exploitation in particularly visible and blatant today -- with t'oprime of our own champion, Berbly Fincher, to the world class throne, held by the Russians since 10%. His magnetic play and the romantic aspects of an 1:alividual genine (Xobel Prize laureate Fileg, for his brain parch, errms: *... you have a Mozart or Mendelsohn or a Krats with their marvelous youthful erratasity, and in our own day, Bobby Fischer at 6 discovered that he had been worn with the brain of a che genius!) NUCnfully challenging the whole show of Riasian cbe, elevated the soule or renumeration in chess activities from th and to millions of dollars.

But ils greatest champion has also been its greatest victim-In many wars. With reset to the subject I am writing about, we find numerous toks with

rin name of the tuter and his games btw en overs, little or nothing else, far kl.leh le gets nothing. let obi lourly only his nanir is what wells them, and Lisai tivities.

Ilse are boks with literally nothing but the scores of his games in them. (**!, lase light comments and analysis from newspapers or che ma ka zine, une te there is like is to protention in in the exploitation of the professional (or the player. And it is only one step from Despawns and chess magazines to

***

"Ile relevance of this to the work of your conmittee should be obvious, alther beh what to do about the exploitation may not be

Heuse chrom, at the level I am speaking of, is not widely understood I have al frendre a long pwwtwrigit derribink what goes into the promotion of a ches

b., and how it enters into the public domain and in t**d there. Alw I have trind to draw the parallel txt wen ches and the arts, sciences, and mort three areas in which trh piploitation has been fought with me ty. The t-ara' itu y miskin was to fixhat it in chen

I Ladel kit it in prinature to go into detail bere alsout the form in which copy. malt pruteton ninr be extended to che, w I will only add that I love kinin t1.e maier Antsiderable thrught and find no Mrious probleme tlnt d. Do bain fatalools in the arts and wei**, where they have len tackled with muwtjer.

sur yu I would be glad to testify in front of your (utmittee to platurale

I rit!) onrry my own to the chirport'le tl. ch the Om of the intri Wiatre ("la perrations. The editor of Its main prudens ), (lue Iufe ani New ten one of the leading che magazine with a wid we suisse ription of

'1' * oirr hını, ard fitting thit the marine rir1.

1 1 ok n Vol 11 at erat tokrn partent for any use of a rhess in 1. It wond w a prevent, and muat dinity w the profion by allowink the artist to freel be on ns him on na erra 1.1.

I ai » Tit to see my adrmie ofers to further the matter and here por

el vieral artilna draians with rheus in ki haral, ant.world clamorat in feril.T.Ar il ton ot

r ufejatial bir aler. An am still one of t! potiudilaser in America). 11.will a: far in varit fra) ta! Jr h. In furtulor two very lent & article was a r la tine .pft and

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ment into the early forties and are still going strong lug the early fillimet 1" * that teaching and writing replaces active plas.

Preparation for each specific event can be extensive, with 6 in pobe,'* of specialized training not being unusual for a world clampu lasta .* consists of opening analysis and choice of style directed at a 915 or opponents, among other things.

In this sense the game of chess is more a science than a gwrt, all risible execution of the game is also a mixture of an artistic and aims to formance more artistic than athletic.

* Plie Broadcasting and Copyright Law" d

of the Pubuc Broadcasting Service and othe
C A. you will see, the memorandum outline

1413 is legally exempt from clearance an
"I t copyright law,
8. The very happy to answer any further questi

11.-2. Leip we can in this regard.

CHALI

CHESS IN THE PUBLIC DOMAIN

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A chess player's work can enter the public domain in two more he .* as viewed by spectators on TV or other medium, including immediate invi and publication in newspapers, magazines, and books. In publication, 19 :4 distinguish between the player's own analysis of his games and store ! collecting and analyzing them.

The use of the game by others also can thus be two fold: erator er * and playing as well as analyzing the published games later. In un of

I m ! games later, one should distinguish between playing and analrring for $***** pleasure, and doing it to gain scientific knowledge to be applied in 197... perhaps against the creator of the game himself.

A point not fully appreciated, and most relerant when making of ** protection, is that by far the greatest consumption of che m es ** publications, not from immediate performance. I follow the game fentand have played over all the games of Bobby Fischer and the great char ! and almost all from books. Eren when I watch a tournament, 1 *.!! IT'**** magazines describing them, cause the comes wuire more th ciate than one can apply at the time of performance

This makes it paramount that the creator own his nation, as Mr** tion in newspapers, magazines and books goes for given that this is '.*'. real consumption takes place this is also where the profits lie. Ten to and apparance fees are a mere pittance. Fischer can comm.ind big fra *** of his uniquenese, but the state of professional chess is deplorable for The 1.8. open championship offers $2000 for 2 weeks hard Wirk I! TOT If not you get next to nothing, and there are over a hundred yp******

Given that an active player is not apt to dirilge his aran being used against him in tournaments, the exploitation is ren;p (*** make far more from his efforts than he do4, since they can put

, at will with no recompense to him.

Some form of copyright protertion wonld go a long way toward s ! injustice and add dignity to the game of chees!

BASIC COXCEPTS
1.2.!. beatlic broadcasting position are tu
****** of Amt 1141n copyright law, and the other

VOTENIE ? **
Hon. ROBERT W. KASTENVEIER,
Ilead-tommittee on l'opyright Lace,
Rayburn House Office Building,
Washington, D.('.

DEAR (ONGRESSVAR KASTENVEJER: I agree with tlehrust op Vr Ki-,
ter. I feel quite strongly and have so for many years that popup
have eps right protection for their ch u r I, temno bet gal: 1!7.
Washington, D. to give my tes!imony on the whole et une prise *17:,-
committee of congresmen and, or shaton who are donirap !!** *
right laws,
Sincerely,

P1 T . " P. You can e art me on this subjert tl.ruogh J: K'ine

1rit lar -I:der the American Copyright Law
****

C hers are thor -and only those specifica
- A yright liability can devolve from ans
****** with which is not expressly reserved to the

*****! At. As the Caited States Supreme Co
PS a Irmatta ('entury Music Corp. v. Aiken

ANAP claim of non-dramatic music perfo
o g topp 199... gires to a copyright be

**** Die rights" in his copyrighted work
* w** a mpirighted work does not conflic
• *- **aute. It is no infringement of the
* *ra emot in Copyright, Ser. 100 at p. 374-
be if a mos richied work is not an infringing

"W e of this rights expressly grant-
*** T. i s reading a book or privately
1 3 I l esforming a misical composition
* * !

a n , work which do pot infrin

* In this sense, the rights of

than rtprax enumeration ..."
1" w ip p en continued in the s

***** H m B.!!- with the copyright pr
* Now , subert to the limitations ar
I**.•Prym law, the copyright propri
!"** R

terary works are limited
*

pret"; no performance rights at ***** mal works. Wir are broadcast recordi the

te s t recording rights are PA !*

tindramatic literary, musical
Bo t h Fitrie rizht to "print, reprint
E

t te particolarized right to make a
*****tary works in Section 1(c), or t

T ***!! weet to tysical works in
i

n cop recording" rights
**!*** *!! ***wt the "for profit" restric

y l ial interpretation under t

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the Nin4 of Publle Broadcasting and copyright Lan" dated October 15, 1975,

fal for the Public Broadcasting Service and other public broadcasting urzan.zations. As you will see, the inemorandum outlines in some detail how f" po brudenoting in legilly erempt from clearance and payment obligation War the purt mnt (opyright law. We will be very happy to answer any further questions you may have or de aliy further help we can in this regard. sincere.

(HALI IL MARQUIS,

Dice President.

NI VOLAYDIN OX TIL SIATIS OF POWIC BLOADC A110 1'DIR ('LULIT

COPRIGHT LAW

Important question, have been raised in reront Congressiona! harrnbout t! e rihaud liabilities of putlle broadcasting under the current l'nited Site (apyt: TAW (ie the Copyright statute end in 19), as amended to this dan 171'8( A. Nar. 1 et seq.).

11.1. melonindin 1. inter.do to praunt a nd s tars of the pos!! his!*'in Ir al 10! on the thrilt sal lotion In titt pratat (" rant law it down not prport to be a comprehensive brief but ratier a short te the not of the right basis us on wherh f ile brome lla kan det er lis Caral. pra tirsad forin'lated its return pruni

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Fundamental to the public broaden ting pwition are two wrill establish pronu estens one of Amerian copyright inw, and the other of American tumani. cate law 11,6 y 9A! Lar. tr.dor the Ameranapyright I aw, the prindve rights of

Kt owhers are thone and only then recifically ernted in the law !*• 11 1.0 1.0 apri,"ht liability can devolve fruit any up or appletion of a

ho work weh is not expany revet to the purchat for spior in the ( right Art. As the third state Nunta (urt stand in its input delen in Twentat l'entury M e (orp Atkr Jane 11:3, in ruling 184int an X AP (link of Don dramatie tutile furfurther rikty Infrage

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