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radio for the first time or on a heavier scale than before (for a partial list of "new" advertisers, see page 22). To advance this trend, radio's special values during hard times were promoted widely in a "Radio : Adflation Fighter" on-air campaign, led by RAB, which at its peak earlier this year was on an estimated 2,000 radio stations and which now, as the recession shows signis of fading, is being recast to emphasize the continued importance of the adflation fighter" in reaching consumers as the economy turns a round.

"In any case," said ABC Radio's Mr. Neal, “there's a lot of momentum going now. I just hope it continues in 1976—and I think it will; we're predicting it will." Almost everyone is.

BEHIND THE BOOM Success in signing up advertisers they hadn't had before is part of the radio networks' 1975 boom. In the lists that follow, each network enumerated advertisers that were new to it in 1975, "new" in each case meaning advertisers which had not been on that particular network in the past two to three years.

ABC Radio.-AMF Inc.'s Harley-Davidson motorcycles; Allstate insurance: Ajay sporting goods; American Home Products; Denorex shampoo; Banfi Wines Corp's Riunite wines ; Chattem Drug & Chemical's Sun in Hair Lightener; Chesebrough-Ponds' Hemorr-aid, Bath 'n' Splash, Bath Oil Beads and other products; Del Monte green beans; Duraflame fireplace logs; Discwasher record cleaner; General Electric small appliances; Georgia-Pacific building products: Jimmy Dean Meat Co.; Michelin Tire Corp.; National Potato Promotion Board: Pennzoil's Penreco Gumout carburetor cleaner; Pillsbury's Figurines; Schenley's Stock vermouth; Schick razors; Scott lawn products; Sears' men's jeans, lawnmowers, shirts and slacks; Singer sewing machines ; Standard Brands' Curtius Baby Ruth and Butterfingers candy and Planters peanuts; Volkswagen Rabbit; Warner-Lambert's Dynamints, Rolaids and Cool-Ray sun glasses; Yamaha International Corp.'s stereo/hi fi and guitars; Yardley of London cosmetics and fragrances.

CBS Radio.-Allis-Chalmers Corp; Allstate Insurance; AT&T; Borden's Kara coffee; British Leyland Motors; Certain-Teed Products Corp. ; Control Data Corp.; Jimmy Dean Meats; A.B. Dick Co.; Emery Air Freight; Fedders Corp.; General Foods' Sanka; John Hancock insurance; Heublein Co.; S.S. Kresge's K-Mart stores; Michelin tires; Midas International Corp.; National BankAmericard; National Pork Producers Council; Jean Patou Inc.; Red Wing Shoe Co.: Rich Products Inc.; Scott lawn products; Sichel Blue Nun Wine Co.; Standard Brands' Planters peanuts; Western 'nion; Warner-Lambert's Rolaids,

Mutual.-Ace Hardware; Anheuser-Busch's Michelob beer; Armour-Dial's Armour hot dogs and Dial soap; American Home Products' Denorex shampoo, Quiet World and Dristan; Ballantine Books; Borden's Kava coffee; Conwood Corp.; Chesebrough-Ponds; Dodge cars; Florida Citrus Commission; General Electric; Goodyear Tire & Rubber; Greyhound package express; John Hancock insurance; K-Mart stores; Kelly-Springfield tires ; La Choy Foods; Life Savers Inc.; Menley James' ARM allergy relief medicine; Pennzoil's Gumout carburetor cleaner; Pillsbury Co.; Quality Courts motels; Ramada Inns motels; Schenler's Dubonnet and Mateus wines; Scott lawn products; Singer sewing machines; Standard Brands' Planters peanuts; Sterling Drug's new Bayer aspirin products and its Lehn & Fink division's Wet Ones towelettes; Warner-Lambert's Rolaids Dynamints and American Chicle products; Western Union Mailgrams; Winne bago campers.

NBC Radio.-Allis-Chalmers Corp. ; American Laundry Machinery ; Bekins moring and storage; British Leyland Motors ; Certain-Teed Products ('orp. ; A.B. Dick ('0.; Eaton Corp.; Exxon; Ford Tractor; Fedders central air conditioning ; Hartz Mountain pet products; Jimmy Dean meats; S.S. Kresge Co.; Michelin tires; Midas Mufflers; Miles One-a-Day vitamins; Macklenburg-Duncan hardware group ; National Bowling Council; Oxford Industries apparel; Pennzoil's Gumont carburetor cleaner; Scott lawn products; Sears lawnmowers; Western Union; Winnebago Industries.

WHAT'S PAST

Regardless of the shape in which radio finishes 1975, 1974 was a pretty good year for radio stations. According to the National Association of Broadcasters, in figures released last week, the "typical” radio station (both AM's and FM's) reported a 7.6% increase in revenues for 1974 over 1973. For the "typical" FM station, the revenue increase was nearly three times that figure--22.2%. But

the same FM operation was operating at a net loss of $2,200 in 1974. That was a $3,100 improvement over 1973's performance, and NAB save the upward trend could mean that in 1975, the typical FM could break even for the first time. Profits for the typical radio station were up 4.1% over 1973, although the XAB noted that the typical stations profit margin was 5.4%, continuing a decline for that category begun in 1969). The AM-FM figures were derived from 1,754 responses to an annual questionuaire; the FM-only data came from 320 stations. The complete figures:

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MAGAZIXE PUBLISHERS ASSOCIATION, INC.,

New York, N.Y., October 31, 1975. Re Copyright Law Revision--H.R. 2723. Ilon. PFTER W. Ropino, Chairman, Committee on the Judiciary. Il use of Representatives, Waxhington, D.O.

DEAR (ONGRESSMAX Rodixo: The Magazine Publishers Association, Inc. (MPA) wishes to avail itself of the opportunity to submit a written statement presenting Its views and suggestions with respect to the above ('opyright Law Revision Bill - H.R. 23 which is now under consideration by the Subcommittee on (warts, (ivil Liberties, and the Administration of Justice.

MIPA is a national trade association founded in 1919. It is composed of more than 125 individual companies which publish more than 450 periodicals appearing in varying degrees of frequency. Kuch as on a monthly, bi-inonthly, weekly, or lui-weekly basis, In virtually all instances these periodicals are statutorily copyrighted and are distributed nationally throughout the l'nited States. More than 3 billion copies of periodicals published by MPA member companies are sold annually.

The interests of the MPA and its publisher members are inextricably bound with matters affecting rights, including copyrights, in literary material. Representatives of MPA have previously appeared before the Committee in person and have submitted position statements at various stages of the ('opyright Revision Legislation

The MPA through the instrumentality of its Legal Affairs Committee has studied and is prepared to comment on certain of the provisions of the Revision *insofar as they either relate to or affect periodicals." Other important parts of the Revision not relating to periodicals, such as the provisions relating to musical works, motion pictures, sound recordings, cable television etc. will not be covered in this statement.

Sec. 106 sets forth the five fundamental rights that the Revision gives to the copyright owners : the exclusive rights of (1) reproduction, (2) adaptation, (3)

publication, (4) performance, and (5) display, which together consitute the so-called “bundle of Rights". The next eleven Sections provide various limitations, qualifications, and exemptions of these rights.

Sec. 107 gives the judicial doctrine of "fair use" statutory recognition for ti.€ first time. Rather than attempting a definition of "fair use", this Sersion maku specific mention of four factors-(1) the purpose and character of the use. " the nature of the copyrighted work, (3) the amount and substantiality of te portion used in relation to the copyrighted work as a whole, and (4) the ruffe of the use upon the potential market for or value of the copyrighted work-!imte included in the factors to be considered in judicial determinations,

Sec. 108 deals with the question of reproduction by libraries and architet 1! authorizes the making of one copy “of no more than one article or other contri tion to a copyrighted collection or periodical issue, ar ... of a small part in any other copyrighted work". There are restrictions against the Illah.. 0 multiple copies and a specific restriction in Sec. 108 (g) (2) against the tematic reproduction or distribution of single or multiple copies" of copyrikaid material by any library or archives or its employee.

Sections 107 and 108 must be read in the light of the decision in the Willians & Wilkins case in which the Supreme Court of the United States in the four to for decision affirmed the decision of the Court below that the unauthorized photos copying of copyrighted medical journals by two government libraries did not constitute copyright infringement on the ground that such copying constituind "fair use". The language of Sec. 108, standing alone, would seem to probibit co ing of the nature and scope indulged in by the government in Williams & Wil kins. However, Sec. 108 (f) (3) provides that nothing contained in that Sertion “in any way affects the right of fair use as provided by Sec. 107". It would apir therefore, that, notwithstanding the language of Sec. 108, an attempt pond le made to justify multiple copying of the nature and scope present in the Williams & Wilkins case or of even greater magnitude under the application of the pror. sions of Sec. 107 with respect to "fair use". Such a result would distort the statutory scheme and nullify, by indirection, the carefully drawn provisions of sec 108.

The MPA--along with book publishers and others prominent in the commanication industry-is opposed to the significant erosion of Constitutional and Congressional intent represented by the unrestricted copying permitted in the Williams & Wilkins case and wishes to foreclose any possibility that such copy. ing could be justified under the provisions of Sec. 107, without reference to ser 108. Accordingly, the MPA recommends that Sec. 107 be amended by adding thereto a sentence stating in words or in substance that the making of more than one copy of all or substantially all of a copyrighted work or of any article or other contribution to a copyrighted collection or periodical issue shall in no event be considered a "fair use" thereof.

Sec, 702 of the Revision provides that the Register of Copyright is anthorized to establish regulations not inconsistent with law for the administration of the functions and duties made his responsibility under this title, and further proridt that all such regulations established by the Register are subject to the approval of the Librarian of Congress. Other Sections of the Revision confirm the intert of the Bill to enlarge not only the administrative responsibility but also the quaj. legislative authority of the Copyright Office in the entire area of statutory cops. right protection.

The present Register of Copyrights has adopted the laudable practice of pil lishing proposed changes in regulations in the Federal Register and requesting comments and suggestions from all parties concerned. The Register has also on one occasion held public hearings on proposed changes in regulations. The MPA feels that the Register of Copyrights is to be commended on affording intere ested parties the right to be heard on proposed changes in the regulations, and would like to insure that such practice is continued in the future. There is, hotever, no statutory provision requiring that the Register publish for comment or hold public hearings on any changes in or additions to remulations, and there is no assurance that future Registers of Copyright would follow the precedents set by the present Register in this regard. The MPA believes that this procedural protection is necessary and desirable addition to, and should not be omitted from, this Legislation.

Accordingly, the MPA recommends that, to the extent not covered by existing statutes, the adoption or amending of matters of substance in the rules and reg

ulations of the Copyright Office be accompanied by advance public notice and publication of the proposed rules or regulations, and that a procedure for public hearings and/or comment on such proposed rules or regulations be instituted.

The above comments and recommendations of the JIPA with respect to the Revisiou shall not be deemed to preclude the MPA or any of its members from making other or additional comments and recommendations.

ir further elaboration of any of the above comments and recommendations is required by or would be of assistance to the Subcommittee, the otlicers of the MPA and members of its Legal Allairs Committee will be at your service. Respectfully submitted.

STEPHEX E. KELLY, President.

Cox. LANGFORD & Brow,

Washington, D.C., Norember 5, 1975. Mr. HERBERT Fucus, Counsel to the Subcommittee on Courts, Civil Liberties, and the Administration

of Justice, Committee on the Judiciary, House of Representatives, Rayburn

House Office Building, Washington, D.('. DEAR JR. FUCHS: Pursuant to our telephone conversation of yesterday afternoon, I am enclosing a copy of a letter sent by Captain John 0. Coppedge to Chairmau Kastenmeier concerning recent developments relating to the question of the cable carriage of sports events. As you will recall, Captain Coppedge is the Chairman of the NCAA's Cable Television Subcommittee and testified on the Association's behalt before the Subcommittee earlier this year. I would appreciate your including this letter in the record of the hearings on the Copyright Revision Bill if you feel that that action is appropriate. We would be happy to discuss this matter with you or other members of the ('ommittee staff and to provide any information or other assistance that you may feel desirable. Sincerely yours,

EDWARD W. SAUER, Enclosure. THE NATIONAL COLLEGIATE ATHLETIC ASSOCIATION,

Mission, Kans., October 28, 1975. ('ongressman ROBERT KASTENMEIER, House of Representatives, Rayburn House Office Building, Washington, D.O.

DEAR ('ONGRESS MAN KASTENMEIER : You are doubtless aware that on July 27 the Federal ('ommunications ('ommission issued its Report and Order in the proceeding regarding regulation of cable television system carriage of television broadcasts of sports events (FCC Docket No. 19417), and that the meager result of its three-year consideration of the issues was a rule imposing a limitation on cable carriage of events into the immediate area where they are being played, when a local television blackout is in effect.

I am writing this letter in my capacity as chairman of the Cable Television Subcommittee of the National Collegiate Athletic Association, because the (ommission's action conclusively demonstrates the pressing need for the Congress to act with regard to the issue of cable carriage of sports events. Because it will provide for secondary transmissions by cable systems of television broadcasts, including sports event broadcasts, the Copyright Law Revision Bil (ILR. 2923), on which we understand your Suhommittee will soon begin markup sessions, is clearly the appropriate vehicle for such action. The need for adoption of provisions in IL R. 223 which protect colleges and high schools from the impact of cable carriage of certain sports events was fully documented in the V'AA'tes. timony before your Snbcommittee on June 12. Subsequent developments, includ. ing the FCC's action and the occurence of still more examples of college game which conid not be telecast because of widespread cable carriage into distant communities, provide still further confirmation of the prints which we sought on that occasion to bring to the Subcommittee's attention.

The regnlation issued by the FCC is completely unresponsive to the concerns expressed by the high schools and colleges. The F('('s rule accords a protection from cable carriage which, although it has application in the context of the telecasting practices of professional sports clubs, is basically irrelevant so far as the colleges are concerned. It does nothing about cable carriage of professional football telecasts into areas where because of the damage imposed on local high

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7. Performance Royalty Consistent soith Cable TV Royalties. The pas underlying the bill * is identical to that supported by the broadcastery > general revision bill. Broadcasters assert that cable systems should te the to pay the broadcaster and copyright owners when cable TV picks up be has casters' over-the-air signal. In directly parallel fashion, broadcaster .. be required to par the creators of sound recordings when bruadasters 1 programming material for their profit.

8. Performance Royalty Recognized Abroad. The principle of the bus st at all radical. Almost all other Western nations require the paymen! ! ! formance royalties to performers and recording companies Some of thru payments are currently denied to L., artists and companies haenue iure *** offers no reciprocal right. The primary reason that the principle home 11* establi: hed here is that the last revision of the copyright law frok • 1 long before sound recordings became a significant source of program terial for commercial exploitation by broadcasters and others

[From Broadcasting. Sept. 1, 1973.1

RADIO 1975: BIGGEST YEAR IN THE MAKINO

National radio business has taken off this year as in no other of rerrnt sparno

The radio networks are virtually sold out in key das parts and will. * 1 1 to make this their best sales pear in more than two decades colectiveig 1 $ for sure, and in some cases individually,

Vational spot radio is more erratic but according to moet arront la a head of last year's pace by at least two or three percentage joints and run by several- either way, by enough to make a record.

The status of local business is less clear. In some markets it's abond most levels and in some it's behind, depending on several factor inrin dhe asgressiveness of local sales stats and the extent of he toon #louGenerally, observers tend to think 1973 local sales will ri 18 total-** mean another new record there, tochbut that the old pattern of almost asformed annual 6-Sc increases will not hold up in some markets.

Network business, where much of the prcitement qued to be in pomirler. days, has of course dwindled to small potatoes by comparian with an. not and local. In 1973, the latest year for which Fetikurns are ava!.-r' all three components, network billings totaled $59.4 million, national stan to X3 2.8 million and local reached $1.2 billion.

But although network is not the smallest component of radio break lett it has become the liveliest. "Super," one network bead mid last week ! believable." said another. Both were talking about eates this frar etsin of being almost sold ont for long periods of the day. Others, though it elated avoided the **014-ur" tertu as a matter of principio or of sign, As one put it. There's always a spot at 2 o'clock in the morning-er N e tine that you can sell to someona ont there."

The best parimated arallahle stregret that for the fint eren months of 1973 national network sales in total--for BC Radio's four networks and the BX Mutual and VBC Radio neisors-provected the comškarabie 1974 ierob enmewhere between 30 and 3010* looking at it another war, . En Littls, president of lintual, estimate that if total network will penit match 1974 monthly totals for the rest of 1975, the year will wide 12:-13 allend of last year.

Natrods apparently experts the rest of 1975 to fall hark and merely to stride with the last half of 1974. Even if it dd. antwortie deur * rudio would still hure its bet par since 1972, one of the test Masurt * ter in that history. Ind if Eins maintain anrthing approaching the 300 wide rate of the first seven months, 1975 wlimuld be betworuds mini 12, when put network billing it $7*9 million bai, In . 1r. is more than double what they were in the bottonink-opt it. of l' 1

While the radio neturks asramp their business is on the u . ***: a Tu and other we offrials of differine Nepamente of spila Noir thry SAT enles are on, but they disagra auto how me h. The te na* 1* j pintank in,“ acryrd ng in the head of one ta opparire etatis grnp. A station rep with both large and middle and markets on a

.NR. 3345.

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