༦ In the event 28 US C. 1498-a) is amended as set forth in See, 232, it is recomBeloved that the phrase "described in and covered by a patent of the United be inserted after the word invention" in the first line. This will reinstate de altallige present in the current law with respect to patented inventions and wala was probably inadvertently onitted Oratting this language might be steengated as a broadeng of the Governments liability to cover unpatented ⚫t to the foregoing, the National Aeronautics and Space Administration 111 sve no ob ection to the enactmeat of HR 2.3. » Office of Mit agement and Budget has advised that, from the standpoint độ de A Philistiations program, there is no objection to the submission of this Tvj= rt to the CLgress, Whereupon, at 12 2) p.m. the hearing adjourned to reconvene at 1am. on May 14, 1974.] COPYRIGHT LAW REVISION 4 WEDNESDAY, MAY 14, 1975 HOUSE OF REPRESENTATIVES, SUBCOMMITTEE ON COURTS, CIVIL LIBERTIES, AND THE ADMINISTRATION OF JUSTICE OF THE Washington, D.C. T'esileommittee met, pursuant to notice, at 10-10 a.m. in room 2. Rayburn House Office Building, Hon. Robert W. Kastenmeler arman of the subcommittee presiding, Present: Representatives Kastenmeier, Danielson, Pattison, and M. 201. Asso present: Herbert Fuchs, counsel, and Thomas E. Mooney, Poate counsel. Mr. KASTEN METER. The hearing will come to order on the third wornp of hearings on copyright law revision. The issue under discussion jeras tself a to equal division of time between those in favor and those orted; each side will be invited to divide 30 n mutes of testimony ag its members, and you will be expected to stay within that time I • morning six national library associations have given their 1a.f hour to Mr. Edmon Low Thereafter four representatives of writers and publishers will share their 30 minites in arg tug the teofthe library photocopying issue, Þ.” ermore, the Clar will announce fit the chairman and perlyn another member of the committee will have to excuse then se`viw fort e purpose of appearing before the Rides Committee on t'ieqese Parole Reorgan zation Act thus morn't g, and the gent'et ran fx forma. Mr. Danelson, will preside deg that per «d of e of the Chair. 1 „troquea g the first witness, I would lie to veld to ous. In fi 1 Cor rattes col engue from Kentucky, Mr Mazsola for the intro a of one of the wittiesen, Me Mazzon. Mr. C) virman, thank you very much. I apres d'e you will fighties to vield today. I won'de to me t'e this ve to you and your distinguis je 1 sabcommittee a Indy w`o 18 seny de tratar d with, whom I spend many hours on girnilquas, de k and forth from the District of Cor mo, a to Lou Jon 1 for Adams, Mr Cherman, a testifying in yo t like to commend ler test moniy best that i versity of Lani sville, as well as being the 1' vat ul of the Sciences Library. She has been in the Medical Library Association virtually all of its positions, including the board of directors. She li wise holds positions in the University of Louisville on its faculty see ate. And without necessarily knowing all the nuances of the bill before you, which is very complicated, I would like to commend her testimony. Thank you very much, Mr. Chairman. Mr. KASTEN MEIER, Thank you for this introduction. I say to my er league I am sorry we can't introduce all our witnesses as fully in ters of their biographies. The Chair would like to welcome Mrs. Adams and Mr. Low. I understand Mr. Low this morning will make the major presentation on beha ! of the libraries. Mr. Low, you may want to introduce your other leagues. You may proceed as you wish. TESTIMONY OF EDMON LOW, REPRESENTATIVE OF SIX LIBRARY ASSOCIATIONS Mr. Low. Thank you, Mr. Chairman. I am Edmon Low, and I w today present the views of the American library community as repre sented through six major library associations. With me are represente tives of each of the six associations. I am happy to present to you Mr. Julius Marke, representing the law libraries and chairman of their copyright committee. Mr. McDonald, at my right, is the executive director of the Association of Research Libraries. At my left Mrs Adams and Mr. Mazzoli, we share your enthusiasm for Mrs. Adians and her work in our library community. Next is Mrs. Sommer, who is representing the Music Library Association, and who is the chairman of their copyright committee; and Mr. Frank McKenna, who is te executive director of the Special Libraries Association. And then with we have the members of counsel, sitting behind us here, Mr. Sharaf, who represents the Harvard University Library: Mr. William North, representing the American Library Association, and Mr. Phil.p Brown, representing the Association of Research Libraries. Mr. KASTEN MEIER. Thank you. Mr. Low. Because of our time limitation, with your permission. Mr. Chairman, I shall omit some of my testimony and ask that this statement be admitted into the record. Mr. KASTEN MEIER. Without objection, your statement in its entirety will be received in the record. You may proceed, sir. Mr. Low. Thank you. We are here today to talk about library copying and the provisions of the copyright revis on bill. H.R. 2223. I shall be presenting, so far as I am able, the concerns of all these various library groups. However, each of these organizations will also be filing a statement of its own. setting forth in greater detail its individual concerns about provisions of the bill. All of the representatives will assist me in answering particular questions you may have concerning our testimony and the issues raised. Although our testimony today is limited to library photocopying which is the subiect of this hearing, there are other provisions of the ball which concern us, and about which we may be making further statements as other hearings are scheduled. I would like first to point out that, although this copyright revision ... has been under consideration for 10 years, the library photocopyg issue is still an important unresolved subject. In brief, as we see t, a question which Congress and this committee must decide is wether libraries will be permitted-at no additional expense-to co tinue to serve the public by the long-standing practice of providing sage copies of copyrighted material for users' research or study. It 23 1e with direct and widespread impact on the general public and involves both the right of access to library materials and the cost of that access. In the past year there have been two major developments affecting t. question. In the first case ever brought by a publisher, the Wams & Wilkins Co., against a library the courts have upheld the potocopying of single copies of copyrighted medical journal articles aeng within the doctrine of fair use, and not constituting infringenent of copyright. It is in part because this case consumed 7 years a. major financial outlay that libraries are concerned about the od najor development, which is the introduction last year into the ate bill, without any hearing, of a new and undefined limitation on the rights of libraries; namely, the concept of "systematic reproducton" of either single or multiple copies of copyrighted material. Now when we talk about library copying, we are not talking about seethig for the benefit of libraries or librarians, we are talking aixat son ething that is carried on for the benefit of users of libraries include citizens from all walks of life throughout the country. W. en we are talking about library copying practices, we are talkg about the schoolboy in California who may need a copy of an in the Los Angeles Times for a project he is working on in his ***, grade class; or about a judge in the county court in Middlesex County, M1996, who may find he needs a copy of a law review article • bears directly upon a difficult question of law which has arisen the course of his work. Or about the doctor in downstate Illinois morava pat;ert with an unusual and rare disease and the only recent versal to be found is contained in an obscure journal published in Nurder, and available only through the Regional Medical Library water, but which article may and him in saving his pat ent's life. And we are talking about, even, a member of this committee asking ongressional Reference Service of the Library of Congress for an od sing with copyright. Or, we are talking about a minste an s preparing a scholarly article on the music of Mozart and reeds fatsar with him to study a copy of a portion of a reertly edited re of one of Mozart's wor's with which he is ent cerned. . ot ser lies, but I wish to emphasize that we are talking about et at very bros P'y affects the ab lity of people in thes country nie use of their libraries which are the repository and storeho se amation ledge, 11rote here that copyright is not a con titutional right, such as te al by jury of one's peers. The Constitution sint ly a at or » Congress to create such a right. It is therefore a statutory • created by law, which nowy be charged, enlarged, narrowe ot for the benent of an individual or a corporation, but for |