estimated his 1975 sales were up 27% as of Sept. 1 but said much of that gun was in larger markets. He also said spot sales "went into a funk a couple of weeks ago” but that he assumed they wouid perk up.

Another leading rep with both large and medium-sized markets reported his briness up "but not booming," and thought he would wind up about 3% ahead of 1974-thanks more to regional and rep-network business, he said, Ioan to gains from strictly national accounts. He, too, agreed business was better for large markets than for smail, “Some of the guys in smail markets are getting killed" another said

Still other sources estimated that spot business for the first half was 6% to Nabend of the 1974 first half which wasn't great in the opening months but strengthened in April, May and June. Thus, solle sources estimates of to 1. gains t is fast June were interpreted as refleting solid midvent strength this year, though some reps challeng₫ the 10% 127% estimate for J What D'e reps d'd not disagree on was the resurgence in retwork radio are "It - fartstle" said one rep, using the sort of adje tives network as then selves are using

Sensational was ABC Radio President Harold L. Neal Jr's word. "We're king to have a good year,” be said, crediting all divi jons AM FM and the f r ABC Radioɔ to'woks with contributing to that result Elward F. Men, president of the ABC Rid:o Network, said this year's fourth quarter will be the fifth consecutive record quarter for the network, and that “we re lookig för 1976 to ou’perform 1975 · Co" mer 191 availah Ffies according to Mr. Nod Tary very, very tight" on all four ABC Radio network

Satu Cook Digres president of CBS Radio predicted 1975 would be the best for bus division witươw 1970 when he noted, not only did broadcasters stil Later,tet e advert, 12 but the CBS Radio network abo Lad Arthur Caffeoy

ma except my heavily word day program Geore J. Arked ́s View preudert and general manager of the CBS Radio network, reborted with CALON pleasure that t De Wis rushing out “Advertiser investment on the CBS Rd het werk La a'mt exhausted o 1o en.mere al boventry from 6 am to 6 pm, dating all of Astand and set leader," he asserted Mal Broad, av

System » Pres, lent 1 **te sad 1974 was 'the biggest cividar year M .....! has had shoe Pe beg nang of television, the bet në V ad 1964 * and that mation Plan year will exceed 1970's to e

to for

growth, he su 4, will refert sales gaan both for Mutsal w..
strahy taghelf as the wor is largest network, and for its subs i ary Matsal

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

"In any case," said ABC Radio's Mr. Neal, "there's a lot of momentum pit now. I just hope it continues in 1976-and I think it will; we're preciclag it will."

Almost everyone is.

BEHIND THE BOOM

Success in signing up advertisers they hadn't had before is part of the mis networks' 1975 boom. In the lists that follow, each network enumerated adier tisers that were new to it in 1975, “new” in each case meaning advertisers wiLA had not been on that particular network in the past two to three years

ABC Radio.-AMF Inc.'s Harley-Davidson motorcycles; Allstate insurate Ajay sporting goods; American Home Products; Denorex shampoo; Barfi Wesen Corp's Riunite wines; Chattem Drug & Chemical's Sun in Hair Lighter Chesebrough-Ponds' Hemorr-aid, Bath 'n' Splash, Bath Oil Beads and of an products; Del Monte green beans; Duraflame fireplace logs; Disewasher recei 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; Schenett Stock vermouth; Schick razors; Scott lawn products; Sears' men's jeans, laws mowers, shirts and slacks; Singer sewing machines; Standard Brands C ** Baby Ruth and Butterfingers candy and Planters peanuts: Volkswagen Rat e Warner-Lambert's Dynamints, Rolaids and Cool-Ray sun glasses; Yamaha in'et national Corp.'s stereo/hi fi and guitars; Yardley of London cosmetics and fragrances.

CBS Radio-Allis-Chalmers Corp; Allstate Insurance; AT&T; Borden's Kar coffee; British Leyland Motors; Certain-Teed Products Corp.; Control Dia Corp.; Jimmy Dean Meats; A.B. Dick Co.; Emery Air Freight, Fedders Corp General Foods' Sanka; John Hancock insurance; Heublein Co.; 8.8. Kresge i K-Mart stores; Michelin tires; Midas International Corp.; National BankAze”card; National Pork Producers Council; Jean Paton Inc.; Red Wing Shoe Us Rich Products Inc.; Scott lawn products; Sichel Blue Nun Wine Co. · Standard Brands' Planters peanuts; Western Union: Warner-Lambert's Rolaids

Mutual-Ace Hardware: Anheuser-Busch's Michelob beer; Armour Da's Armour hot dogs and Dial soap; American Home Products' Denorex shampon Quiet World and Dristan; Ballantine Books; Borden's Kava coffee; Command Corp.; Chesebrough-Ponds; Dodge cars; Florida Citrus Commission, Gerer" Electric; Goodyear Tire & Rubber; Greyhound package express: Johti Hatosk insurance; K-Mart stores; Kelly-Springfield tires; La Choy Foods Lafe savers Inc.; Menley James' ARM allergy relief medicine; Pennzoil's Gumont carburet d cleaner; Pillsbury Co.; Quality Courts motels; Ramada Inns motels; Schetdev's Dubonnet and Mateus wines; Scott lawn products; Singer sewing machines Standard Brands' Planters peanuts; Sterling Drug's new Bayer aspirin prodɔ is and its Lehn & Fink division's Wet Ones towelettes; Warner-Lambert's B'a»ds Dynamints and American Chicle products; Western Union Mailgrams; Wine bago campers.

NBC Radio-Allis-Chalmers Corp; American Laundry Machinery : Bekins 2. Ting and storage; British Leyland Motors; Certain-Teed Products Corp - ABDA Co.; Eaton Corp.; Exxon; Ford Tractor; Fedders central air conditioning. Hatt Mountain pet products; Jimmy Dean meats: 8.8. Kresge Co: Michelin tire Midas Mufflers; Miles One-a-Day vitamins; Macklenburg Duncan hardware group; National Bowling Council: Oxford Industries apparel; Pernzo's Gun "t carburetor cleaner: Scott lawn products; Sears lawnmowers; Western U. M Winnebago Industries.

WHAT'S PAST

Regardless of the shape in which radio finishes 1975, 1974 was a pretty good rear for radio stations. According to the National Association of Broadcasters in figures released last week, the "typical" radio station (both AM's and FMO reported a 7.6% increase in revenues for 1974 over 1973. For the "trial" FM station, the revenue increase was nearly three times that figure-2225 Bat

the same FM operation was operating at a net loss of $2,200 in 1974. That was a $1100 improvement over 1973's performance, and NAB says 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 NAB noted that the typical stations profit margin was 5 45%, continuing a decline for that category begun in 1969, The AM FM figures were derived from 1754 respotises to an annual questionnaire, the FM-oniy data came from 320 stations. The complete figures:

DUAR CONGRESSMAN RODINo.- The Magazine Pu'lishers Assolation, Ine (MPA) Wishes to avail itself of the opportunity to sit n it a written statement presenting VIOWA ALİ Katarstantae w chreve; to the glove Copyright Law Revision # HR 223 wi, him his under es exideration by the Subcommittee on p's Cavalliertes and !!e Ad MP'A is a national trade asses ation fornded in 1919 It is composed of more than 12% in liv of sal e mja ow which perih fish more than 450 period: als appearing ll. varying degrees of fre, e " st has on a mont! 1y bị month's werkiy, or 1 mevas banın İt virtaa'ay all int inces these period als are statut (ri'y copt» Dates and are distr * Ved lation a y throng' out the in ted States. More than 3. helium coplem of periodicals pallished by MPA metuber companies are sold

De interests of the MPA and 19× publisher metphers are frextrically bound with matters affecting rights ineluding copyrights in literary material Repres mentatives of MIA have previority a, poured before the Conill.ffee in person and have sube fed position, afster enta af various stages of the Copyright Revi

De MPA through the instrumentality of its Legal Affairs Committee has alified and is prepared to content on certain of the provisions of the Revision *ins far as they eller relate foot affect periodicals / Other intwortant parts of Pe Revisi in hot relating in færi all vs such as the provisjonis reʻal ug for tastymien 1 muran mutation factures sur↑ reci niin ga calle te evixion etc will not be covered In this statement

Mer 100% sets forth the fire fundamental rights that the Revision gives to the esporight owners the exclusive rights of (1) reproduction, (2) adaptation, (3)

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

Sec. 107 gives the judicial doctrine of "fair use" statutory recognise ken first time. Rather than attempting a definition of "fair use", this Nec, 01. specific mention of four factors-(1) the purpose and character of the l the nature of the copyrighted work, (3) the amount and substati 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 copyrighted wor included in the factors to be considered in judicial determinations,

Sec. 108 deals with the question of reproduction by libraries and art tr authorizes the making of one copy "of no more than one article or offers tion to a copyrighted collection or periodical issue, ar... of a sti... any other copyrighted work". There are restrictions against the multiple copies and a specific restriction in Sec. 10% (g) (2) against Se tematic reproduction or distribution of single or multiple copies” o. 07 7. material by any library or archives or its employee.

Sections 107 and 108 must be read in the light of the decision in the Woma Wilkins case in which the Supreme Court of the United States in the fourt! decision affirmed the decision of the Court below that the unauthorized th copying of copyrighted medical journals by two government horaries ! constitute copyright infringement on the ground that such copying evak "fair use". The language of Sec. 105, standing alone, would seem to pr bat ES ing of the nature and scope indulged in by the government in W., & M kins. However, Sec. 108 (f) (3) provides that nothing contained in tha! See? "in any way affects the right of fair use as provided by Sec. 107". It would pun therefore, that, notwithstanding the language of Sec. 108, an attempt made to justify multiple copying of the nature and scope present in the W... 179 & Wilkins case or of even greater magnitude under the application of thes sions of Sec. 107 with respect to "fair use". Such a result would distort Nevad tory scheme and nullify, by indirection, the carefully drawn provisotas of no 108.

A

The MPA-along with book publishers and others prominent in the oven it cation industry-is opposed to the significant erosion of Constitutional at gressional intent represented by the unrestricted copying permitted a Williams & Wilkins case and wishes to foreclose any possibility that such ing could be justified under the provisions of See. 107, without reference to her 108. Accordingly, the MPA recommends that Sec. 107 be amended by thereto a sentence stating in words or in substance that the making f than one copy of all or substantially all of a copyrighted work or of a1⁄4y a** or other contribution to a copyrighted collection or periodical issue almu „I DE event be considered a "fair use" thereof.

Sec. 702 of the Revision provides that the Register of Copyright is quit and to establish regulations not inconsistent with law for the adro wtry functions and duties made his responsibility under this title, and further per that all such regulations established by the Register are subject to the of the Librarian of Congress. Other Sections of the Reviston e firm the a of the Bill to enlarge not only the administrative responsibility but a solar se legislative authority of the Copyright Office in the entire area of statut ry right protection.

The present Register of Copyrights has adopted the laudible practice lishing proposed changes in regulations in the Federal Register and re comments and suggestions from all parties concerned. The Re, ster bas a** on one occasion heid public hearings on proposed changes in regali ne Ț MPA feels that the Register of Copyrights is to be commeraded on a fording (af) ested parties the right to be heard on proposed changes in the rezu, t, as al would like to insure that such practice is continued in the future. Ietvak ever, no statutory provision requiring that the Register publish for ev; lat hold public hearings on any e' anges in or additions to regulations ar rare no assurance that future Registers of Copyright would follow the prew HỰA KIỆ by the present Register in this regard. The MPA belleves that this nang ral protection is necessary and desirable addition to, and should not be called frie this Legislation.

Accordingly the MPA recommends that, to the extent not covered ha et virk statutes, the adoption or amending of matters of sulsstance in the rules ad 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 publie hearings and or comment on such proposed rules or regulations be instituted, The above comments and recommendations of the MPA with respect to the Revision shall not be deemed to preclude the MPA or any of its members from mikag other or additional comments and recommendations,

if further elaboration of any of the above comments and recommendations is required by or would be of assistance to the Subcommittee, the officers of the MPA and members of its Legal Affairs Committee will be at your service, Respectfuny submitted.

SILPHEN E. KELLY, President,

Mr Ht Fuchs,

COY I ANGFORD & Brown,
Washington, D.C., November 5, 1975.

Counsel to the Bubcommittee on Courts, Civil Liberties, and the Administration of Justice, Committee on the Judiciary, House of Representatives, Rayburn Hoare Otec Building, Washington, D C.

Dear Mr. Fuchs. Pursuant to our telephone conversation of yesterday after ʼn sou. I am enclosing a copy of a jetter sent by Captain John O. Coppedge to Chairman Kastenmeier concerning recent developments relating to the ques tion of the cable carriage of sports events. As you will recall, Captain Coppedge is the Chairman of the NCAA » Cabje. Television Subcommittee and testified on the Associations behalf before the Subcommittee earlier this year. I would appreci w'e your including this letter in the record of the hearings on the Copyright Revimon Bill if you fel that that action is appropriate. We would be happy to Gêne tămm 12 in matter with you or other members of the Committee staff and to proVide any information or other assistance that you may feel desirable, Sincerely yours,

THE NATIONAL Collegiate AthLETIC ASSOCIATION,
Mission, Kana., October 28, 1975.

Congressman Robert KastenMELKE,
House of Representativen,

Rayburn House Ofce Building, Washington, D C.

Drak Congressman Kastenmeirs: You are doubtless aware that on July 27 the Federal Commundentions Commission issued its Report and Order In the provveding regarding regulation of cable television system enrriage of televisi n broadcasts of sports events (FCC Docket No 19417), and that the menger resuit of its three year consideration of the Isines was a rule imposing a Pimitation on cable carr age of everts into the immediate area where they are being p'aved, when a local teiev son blackout is in effect.

I am writing this letter in my capacity as chairman of the Calle Television Subcommittee of the National Collegiate Athletle Asociatiin became the Conge m.sajron's motion eonclu«ve y dem instrates the prescing need for the Engrowt to act with regard to ti e issue of cable carriage of morts events. Penuse it will provale for secondary transmissions by enhue systems of television brundereta, Înctuel fig steifts event broadcasts, the Copright law Revision No1 (ER 25

we understand, to ir kaleor nottee will soon begin markup semu! 1.9 18 clear a the appropriate vehi le for an ħ action. The need for adoption of provi. *HR 25 which protect colleges and 1 gh schools from the Imint af ealsiegsPPltspfgep*ala s[auབོgདུgངfita ems fon!!y it urto» ༩citeuནྟི {t£ #he NC! timont het re year Nubeommittee on June 11 Milupa att deve' pimenta

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