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NATIONAL COMMISSION ON LIBRARIES

AND INFORMATION SCIENCE,

Washington, D.C., October 6, 1975. Mr. HERB Ficus, Subrommittee on Courts, Ciril Liberties, and the Administration of Justice,

1.8. House of Representatives, Washington, D.C. DEAR MR. FUCHS: The National Commission on Libraries and Information Science, at its meeting on September 25, 1975, passed a resolution on the controversial problem of library photocopying.

The resolution, I think, indicates the role that NCLIS has played in cooperation with the Register of Copyrights in trying to develop some compromise be. tween the authors, publishers, and librarians. We are hopeful that the Commission on New Technological l'ses of (opyrighted Works (CONTI'), which is just being organized, will be able to deal with this problem for the long-range solution. Sincerely,

ALPHONSE F. TREZZA,

Erecutire Director,

RESOLUTION ox LIBRARY PHOTOCOPYING AND COPYRIGHT

Whereas the problem of resolving the conflict between the expressed need of libraries to share resources via photocopying and the protection of the rights of publishers and authors has so far eluded solution; and

Whereas the Courts and Congress have indicated that the two communities should work together to produce an equitable proposal for dealing with the problem; and

Whereas the Conference on Resolution of ('opyright Issues (which was convened jointly by the National Commission on Libraries and Information Science (XCLIS) and the Copyright Office in the Library of Congress, and which includes representatives of all concerned constituencies) has recommended a study of the volume and patterlis of photocopying and of the feasibility of a royalty payment mechanism; and

Whereas the NCLIS has, in cooperation with the Office of Science Information Services of the National Science Foundation (OSIS/XSF) agreed to fund such a study to begin approximately 1 January 1976; and

Whereas the newly-established Commission on New Technological t'ves of Copyrighted Works (CONTU') is just organizing to begin fulfillment of its mission, the results of which can be expected to have substantial impact on both the understanding of ramifications and the approaches to solution of current and potential future copyright problems: Now, therefore, be it

Resolred, That the NCLIS suggest to (ONTU that it consider requesting the Congress to take only interim action on the photocopying issue in the reVİNİON of the copyright law until: (1) the results of the NCLIS study are available, and (2) the CONTU has made its report and recommendations on library photocopying.

Adopted by the National Commission on Libraries and Information Science at its meeting on September 23, 1975, in Los Angeles, Calif.

UNITED STATES CATHOLIC ('ONFERENCE,

DEPARTMENT OF EDICATION,

Washington, D.C., November 15, 1975. Hon. ROBERT W. KASTENMEIER, Chairman, Subcommittee on Courts, Ciril Liberties, and the Administration of

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

D.C. DEAR MR. CHAIRMAN: On behalf of the Department of Education of the l'.S. Catholic Conference, I wish to comment of H.R. 2223, “A General Revision of the Copyright Law," which is under consideration by your subcommittee, The issue of copyright revision is a matter of utmost importance to educators,

radio for the first time or on a heavier scale than before (for a partial
of "new" advertisers, see page 22). To advance this trend, radio
values during hard times were promoted widely in a "Radio : Adflatioa TX
on-air campaign, led by RAB, which at its peak earlier this year was e i
estimated 2,000 radio stations and which now, as the recession by cra
of fading, is being recast to emphasize the continued importance of their
dation fighter" in reaching consumers as the economy turns around.

"In any case," said ABC Radio's Mr. Neai, "there's a lot of momentum fit
now. I just hope it continues in 1976—and I think it will; were preu
it will."
Almost everyone is.

BEBIND THE BOOM

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Success in signing up advertisers they hadn't bad before is part of the a networks' 1975 boom. In the lists that follow, each network enumeratrda timers that were new to it in 1975. "new" in each tase meaning adrertis had not been on that particular network in the past two to three years

ABC Radio.--AJF Inc.'s Harley-Davidson motorcycles; Allstate 11****** Ajay sporting goods; American Home Products; Denorex shampo; B: H. Corp's Riunite wines ; Chattem Drug & ('hemical's Sun in Hair Liglia! (hesebrough-Ponds' Hemorr-aid, Bath 'n' Splash, Bath Ou Beads a: * products; Del Monte green beans; Duraflame fireplace loge; Dienaxher cleaner; General Electric small appliances; Georgia-Pacitie building prex Jimmy Dean Meat ('0.; Michelin Tire t'orp.; National Potato Promotion bred Pennzoil's Penreco Gumont carburetor cleaner; Pillsbury's Figurines de Stock vermouth; Schiek razors; Scott lawn products; Sears' turn's Jeue 1 mowers shirts and slacks: Singer sering machines: Standard Brands to Baby Ruth and Butterfingers candy and Planter peanuts: Polk**.11 Ra!! Warner-Lambert's Dynamints, Rolaids and Cool-Ray sun gla sup; Tamala ir national Corp.'s stereo/hi ti and guitars; Tardles of London ermetin tend fragrances

(BS Radio.-Allis-Chalmers Corp; Allstate Insurance: ATAT: Beplen's Rust coffee; British Leyland Motors; (ertain-Teed I'roducts (or., foto 13 ('on.: Jimmy Dean Yeats: A.B. Dick (0.: Emery Air Freight : Filder in General Foods' Sanka; John Hancock insurance: Hepblein ('0: SS Ktps! Klart stores; llichelin tires : Vidas International ('or: National Bazı 1* card: National Pork Producers ('ouncil: Jean Patou Inc.; Red Winkels Rich Products Inc.; Scott lawn products; Sichel Bine Vun lline (o: Nalia Brands Planters peanuts: Western l'nion: Warner-lambert's Rolands

yutual --Ace Hardware: Anheuser-Busch's Michelobter: Arbr.'. Armour hot dogs and Dial sap; American Home Prixducts leurri bat ** Quiet World and Dristan: Ballantine Books; Borden's hara coffer; tesis Corp.; Chesebrough-Ponds: Dulge cars: Florida Citrus (om minsten Gipun Electrie : Goodyear Tire & Rubber: Greyhound package erpres; Jan N.*** insurance: K-Mart stores; Kelly-Springfield tires: la (hoy Fonds, Le Vir Inc. : Nenley James' ARI allergy relief medicine: Pennzoil'. Gunout cartup cleaner; Pillsbury (0.; Qualiis ('ourts motels: Ramada Inna motels . Inbonnet and Mateus wines; Sooft lawn products; Singer spil 2.2.1 Standard Brands Planter panus; Sterling Drug's new Bayer a urin ! » and ifs Lehn & Fink division's Wet Ones towelettes: Warner-Lambert - R 2.1 Inainints and American Chicle products; Western Calon Mailgras; Wrap 1920 ampers.

NB Radio.--Allie-(halmers Corp. American Laundry Machinery : Belins ing and storage: British Leyland Motors: f'ertain-Ted Products tor: AR ('o: Enton Corp: Erron; Ford Tractor: Feddere rentral alr etdileping. Hari Viruntain pet produeix; Jimmy Dean meats: SS Krege (o: 3 be Wdan Juftlers; Miles One Day vitamin: Macklenburt Danan hamma group: National Bowling ('nuril: Oxford Industries aparel: Pennutti insburetor cleaner: Scott lawn products; Sears lawstoners; Western in.. Winnebago Industries.

WHAT'S PAST Reparillent the shape in which radin Anisha 1975 1974 W* * * rear for radio stations Arronding to the National Anciation of Hard en" figuras released last week, the "irpical" radio station both AV. and Ylf! retvirted a 7.0% increase in merennes for 1974 orer 1973 For the rol 1 station the revenue increase was Dearly three times that Ngure

the name li operation was operating at a net loss of $20) in 1974. That was a the di imprurueat over 1973 » jurtorinne, and AB say the upward trend **81. bitan that in 1973, the topical I n d break even for the first time. ints for the typirni radio stations were up 41' Oser 1973, alllouxb the SAR Bwest end that the typical stations profit margin was 84, (platinuing a deciine for that category fun in 18), 'Ile AJMngures were derived from livi e *f******* to a 1 atatual questionnaire; the F ouly data (ame from 3_1) stations Ylbe ( pirte figures:

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publication. (4) performance, and (5) display, which together on someone so-called "bundle of Rights". The next elesen Sections provide varit soll wat tions, qualifications, and exemptions of these rights.

Sec. 107 gives the judicial doctrine of "fair use" statutory regi), ti first time. Rather than attempting a definition of *fnir *** this * : SIA specific mention of four factors--(1) the purpose and character obr . the nature of the copyrighted work, (3) the amount and susta'' , portion used in relation to the copyrighted work as a whole, and (4) , of the use upon the potential market for or value of the origin included in the factors to be considered in judicial determinations,

Sec. 108 deals with the question of reproxiuction br libraries and a* authorizes the making of one copy of no more than one article ast! tion to a copyrighted collection or periodical issue. ar... of a sih. ** any other copyrighted work. There are restrictions as the in ultiple copies and a specitic restriction in Sec. los igi (2) aga.tut. tematic reproduction or distribution of single or multiple copies" to set material hy als library or archives or its employee

Sections 107 and 108 must be read in the light of the decision in the W.12. Wilkins case in which the Supreme ('ourt of the t'nited States in the fr»* decision affirmed the decision of the Court below that the ulantcm copying of copyrighted medical journals by two government from 1 : constitute copyright infringement on the ground that such 19% IN . . *fair use". The language of Sec. Jos standing alone, would em torno ing of the nature and scope indulged in by the gorernment in Wild kins. However, Sec. 108 (†) (3) provides that nothing contadbied in them! *in any way affects the right of fair use as provider by Spr. 107", 11 $ * in therefore, that, notwithstanding the language of Ser. 10 ad a'terte ho made to justify multiple (opiving of the bature and scope pre put in the W.. & Wilkins case or of even greater magnitude under the polit1 !!** sions of Sec. 107 with respect to "fair use". Such a result Hrvuld 4* >> tory scheme and pullify, big indirection, the carefully drawn printim 108.

The WPA-along with book publishers and others prominent in the cation industry is op prosed to the significant erosion of (amiithale ,' gressional intent represented by the unrestricte cupying permitir Williams & Wilkins case and wishes to foreclose ant ****jbilier !? #11 ing could be justifined under the prori-ions of Sec. 107. without regroep 108. Accordingly, the MA recommends that sec. 107 by ameum thereto a sentence stating in words or in substance that the

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E than one copy of all or substantially all of a oprichte work on?"1" or other contribution to a copyrighted colletion or perdi al la erent be considered a "fair use" thereof.

Sec, 702 of the Revision provides that the Register of C ret: la go*! to establish regulations not incapaistent with jaw for the morning." functions and duties made his responsibility under this title, and furt!! that all such regulations establi-hed is the Reginare subjert to hr": of the Librarian of ('ongres Other Sections of the Rarix: (i

* of the Bill to enlarge not only the administrative resu

ty boy! ! mon je cislative authority of the top right one in the entire arra of st!!! ! rixht protection.

The present Register of Copyrights has adoptos! the innl.bie sr Biskuing promised changes in regulations in the Federal R eferat ! tr, & comments and suggen fruit all rties concerte, le Re: *** base on one orension bed public hearing on pripoved changes in nilai te į * M'A feels that the Resister of copyrighis is to be mineuladnu , este parties the right to the head on prum****chak* Ito the pu., 9 . would like to insure that much practice in continued in the future Itinda erer, nu matutory provision rupairing that the Rezister pubh fers! ! + hold public bruris on any plantes in nr 141.titions from intune ar!" no & Iranin that future Refers of CaprIlmht wou'd freedom time for by the port RARIM:er in this regard 7he MPA

tha! this f**** "91 protection is neerry and desirable addition fa, and should not be find it a this Legislation.

Axwrdinxir the VIPA rerummed that to the poput not appel. F1 **;" & statutes, the adoption or apending of matter of substance in the runa

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oiations of the Copyright om e ke perompanied by advance public notice and publetka of the powed rules or ngutjans, and that a prxudure for public bearings and or content ou such prefed rules or regulations be instituted.

"I ne atine comments and monumendations of the VIP with respect to the Het injat eball bot be denied to prelude tbe MMA or any of its members from naik !ler or additional comte 1x and recommendation

ir further elaboration of any of the alte vument and remmendations la required by or would be of an Intance to the Sutkummittee, the others of the MPA and member of it* legal Affairs (omutter will be at your service, Hrjun subunitiei.

SIUPIN E KULY, President.

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(or I ANGIOED & Browx,

Washington, D.C.,.utember 5, 1975.
Mr ID ART Fri4
Counsel to the boommittee on ('ourta, fire Liberties, and the Administration

0! Jaafur, mille on the Juduary, I use of Representatite&, Rayburn

1147** 09* Building, Washington, Dr. DAN MR. Fres Pursuant to our telephone conservation of yesterday after 1 . la enem apy of a letter went bir captain John (). (Oppge to (liairman haste invier hormning mrent developunts relating to the que

ferta pirtite, As you will all, Captain ('opcige is the ( lanirtants of the NCA (abie Teie inion Sulmvuittee and testified on the A-***** hail le fure tise Sulmuemittee parlier this year. I would appress a'e your tudung this letler in the mund of the bearino on the ('opyright He kind if you that that action in propriate We would be happy to

satu tim atter with you or other uneinters of the Committee on and to pro
V. a' 10 'natlan or other annanlalke that you may feel desirable.
farrriy yours,

EDWARD W. Bate.
Hlaure.
THEATIONAL ('otuutATT ATITI A** IATION,

deman, hans., Otober 24, 1975. (ingressman Renar KARTENMUI,

Auburn Hu* (per Huiding, Washington, DC.

IF ('OT TAMA KA TEXMIR. Tou are doht Aware that on July 2 the neral en fisientions tatamis animated its Report and Orfor in the

rening maaring gulat lean ort rotile television system enrring or tell .. hnurmato notert rett. (Ikut la 11M17) At that the meer er of its thene onr une lernten at the fruns wiss mir in swing a limitation Cabe (art: ** events into the Immtiatr arw where they are 11.5 *** winn lo al fr .jun toinent is in offert.

I afts 191, 11.. phirr in f1.aparity asshairman of the (mile Triple!

in..

. ation prarinate: det netrate the presine ned for the

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