this statement be included in the record of the hearings held May 14, 1975 by Representative Robert W. Kastenmeier. The Music Library Association, on behalf of the public which its members serve, wishes to take exception to the exclusion of music from the library copyL privileges specified in section 108 of H.R. 2223. We feel that patrons of music libraries should be granted the same rights of access to information as are extended to library users in other fields. We maintain that failure to recognise this equal right of access is discriminatory and contrary to the public interest. Although music may occupy a special position in the concert hall or on the air. music in the library is not substantially different from any other subject colertion in the library. Music is widely studied in schools and universities not only as a performing art but as a humanistic discipline equivalent to English literature or history, and music libraries are constituted to serve these studies. Most music libraries are located in large universities, liberal arts colleges, conservatories and large public libraries with extensive research collecties Music libraries are the repository for one thousand years of Western culture the period for which we have notated readable records of our musical heritage, Scholars and students come to music libraries to examine and study these W-TAK Such study is a demanding discipline and serious students need to study, analyze. and compare portions of complex musical scores in the same way that advanced students of medieval history, French, or biology need access to data in thei? respective fields. Just as the plays of Shakespeare represent more than a velise for actors to a specialist in English literature, so the symphonies of Beethoven are of intellectual and aesthetic concern to students and scholars of music, Perhaps the committee is unaware that the exclusion of music in clause (b) of section 108 would restrict the works of Bach, Beethoven and Mozart as well as those of living composers. Edited versions of music from any century may be registered for Class E (musical composition) copyright. It is, in fact, almost impossible to find a score of any kind published in this century which does not bear a copyright notice, and this notice makes no distinction between editorial and authorship copyright. Thus the exclusion of music works in clause (h) will affect study not only of the music of Bela Bartok who died in 1945 but of works by Wolfgang Amadeus Mozart (d. 1791) and Guillaume de Machaut (d. 1377), Such restriction may not be the intent of the legislature, but it will be the effect of the statute as it now stands. Another characterization of music is the practice of issuing scholarly editions in large multi volume anthologies and collected works. Such sets are customarily found only in libraries, Many of them have been out of print for years. Because of their value, volumes of such sets are rarely available for circulation. Restrietion of photocopying from such editions as included in 108 (h) would relegate their conten's to library shelves where only those with time and the ability to use the scores in the reading room could benefit from them. By way of contrast, most music libraries are not concerned with ephemera. For instance, the multitudinous lead sheets and guitar arrangements which constitute the bulk of copyright registrations do not find their way into the regular collection of the Library of Congress, much less into smaller libraries. Economies alone makes it impractical for libraries to house and care for material which does not have some social significance or enduring aesthetic value. Musie publishers are apparen'iy most concerned about the protection of current, salable, emparatively simple compositions. Restriction of library copying is not a very practical way to go about this First, as we have pointed out, such works are not necessari'y likes to be found in libraries. Secondly, any musician bound on infringement of such work, a popular song for example, could certainly take a melody and harmony down by ear from a recording or the radio more easily than be cot, d lo q'e a conv in a liŭrary Even profesional pert recreof serlons muste do not use !) rars coples to study and perform from. A passt or a ser would rather have his own soure if posside, one he can mark for las personal use and one he can keep forever. Even photocopies do not have the convenience of the publisher's binding which is vital to the ufe of a well used score. Of course serious performers use libraries but it is chiefly to enlarge their horizous and understanding that they do so, In any case we would like to remind the committee that the privileges granted In section 10% only apply to material which cannot be obtained through current trade sources. Presumably publishers will respond to popular demand by supplying materials to fill this need. On the other hand the library is frequently the melt wurce for obscure, the out of print, the archate work which is not in great demand but access to which is urgently needed by a very few. Apparently the words "a musical work" were included in the exclusions to met; in 10% at the instigation of the Music Publishers Association, an organizatom of emparatively narrow economie interest whose chief function is the management of copy right royalties. We feel that we, not they, represent the publie interest The copying privileges extended in section 10% are not in the personal Interest of librar ans except insofar as the librarians are concerned for the poke whom they serve. Photocopying certainly means more wear and tear on becks and probably means more work for the librarian The Muse Iibrary Amaiation here speaks not for its members' convenience, but on behalf of the at „der,ta nud scholars who use our collections Te el fence of section 10% in HR 2223 recognizes the enrichment to our mlture which wholarly study and its encouragement through libraries provide, Music is a vital part of our cultural heritage and its study as such is recognized. as a legitimate scholarly discipline. There is no valid distinction between the wet larly use of muse in a library and the similar use of scholarly materials @her disciplines. The exclusion of music from the privileges granted in section Jos world urfaitiy cripple mysical scholarship, including research on music of the point as well as that of the present. Such an action would discriminate against paol wholars and would be contrary to the best interest of the pubuje who are t'e uitimate beneficiaries of scholarship in general. Therefore, we respectf illy venest that the House Subcommittee on Patents. Trademarks, and copyrights eliminate the words 'a musical work” from section 10sch) of HR_2223 Statement of FRANK MOKInna, Executivi Diktos, SPECIAL LIBRARIES ARROCIATION, May 14 1975 Nje dal 1braries Association wishes to record its substantial agreement with Popratense? [1 106 107 & 10% relating to Il rary photocopyigir HR 2223 -Renamony of the Conwright Law. We wish, however, to make tau jef cer 'w an 1 to urge that two specifle changes be made. qui veut.",ent of one i'im in ↑ 167 Fair use; • Town ment on our item in § 10% one (1); and ช tram vidit caly for changes in two Peius, in § 16% gă-1) and (g)(2), Fuction by istraries and archiver. that contactfu are tire ne tited in the sequence · 1 Ideer fatit, of Special Libraries Association and Its Interests 3. Cane's on 110% Reproduction 1 v Illraries and Archives 31 | 196 a) (1)-92110% g) (1) & (g)(2), 33 § 10×ch). 40 1 Identification of Special Libraries Association and Its Interests Asmeislin, with 1000 members is the seend largest ibrary lată noriented organization in the United States ari the bird largest fathe wierd it is estimated that there are more than 10 000 spe- tai lirazio In the UN The current of mecial Itbraries on it, better wirila རྡོའི་ཚུལ་རྟོ『- མntaal apes a ze 11 raz es is not well known những the general pubile or even ilman e tw of the và orary community itself. The interra's and motivatiom sif aqw-ca}raries are described briefly in this d-nuent and in the 85) exot bro STÀ Is an assxlation of individuals and organizations with eda at, nal, Antes #perial library Rhet-kbook RI A NY 1972 45 p scientific and technical interests in library and information science and tec nology-especially as these are applied in the selection, recording, retrieval and effective utilization of man's knowledge for the general welfare and the advance ment of mankind. Special Libraries Association was organized in 1909 to develop library and information resources for special segments of our communities which were tot adequately served by public libraries or by libraries in educational institutions. At first the emphasis was on special subject coverage in each special. Ltrary as it related to the interests and business of its parent organization, for example sources of statistical data for both corporations and the agencies of the national government and state governments; business data for banks and investert firms: chemical information for the then developing chemical industry; etge neering information for the emerging complexes of engineering and construct a companies, etc. During the past 66 years-and with particular growing needs for rapid informa tion delivery since World War II-specialized libraries and information centers have been established in all segments of our nation's affairs. They exist in forprofit enterprises and not-for-profit organizations, as well as in government agencies. Some are open to public use, and others have restricted access. Chec% 12se of security classified materials) or are part of a for-profit organization (becue (° proprietary information). During this period of accelerated growth, the original emphasis on special subjects has been replaced more and more by the concept of specialized information services for a spécialized clientele. An example of such a specialized information service for a specialized clientele is the Legislative Refer ence Service of the Library of Congress. Although the Library of Congress (151 whole) is often called a “national library," the entire Library of Congress Itself is perhaps, an outstanding example of a definition of service to a specialized clantele: The Congress of the United States of America. The specialized clients are normally the employees of the parent organization. The specialized information services are based on the speedy availability of information, both for current projects and for management determination of decisions rezarding future efforts of the parent organization. To these ends, the members of SLA inclu le not only librarians, but also persons who are subject specialists—40 that they can evaluate and screen out the irrelevant, the redundant and the foo often useless portions of the voluminous published literature. The totality of the literature includes not only the publications of commercial publishers of copyrighted books and periodicals, but also the avalanche output of government agencies coften with security handling requirements) plus the parent organisations own internal corporate documents (with the obvious need to protect proprietary or competitive information). As a parenthetical observation. It should be noted that the ploneering work in machine use for information storage and retrieval (now computerized) took place in specialized libraries and information centers in the 1940's and 1950's. Similar's. the need for miniaturization of the bulk of the literature in microforms occurred through the influence of 8.L.A.'s liaison with designers and manufacturers of nieroreading equipment, Last, but not least, S. L. A. pioneered the concept of information networks. Jong Fefore computers and other communication devices had been developed. SLA. 1 & facilitated communications among its members through the Association's ʼn Zone Information network of Chapters and Divisions, Initiated more than 60 Sears ago, the network 11s been frequently updated in response to the needs of few informational requre then?«, SL. A is organized in 28 Divisions which represent broad fields of specialization or fr form a′ion handling teel riones. Those full mange alpiqlori alle from Advent × 12. Aero pace, and Bid gel Siences trengh Mary Librarians, Moseims, and Natural Resources, and on to Transport afson and Urlan Affairs STA is also organized in 47 regional Chapters which ringe geographically fron Hawa'tworows the continental United States (plus two C) quhem, in Canada) to a Firopean () spter (which eneon pusses goographieslly all the non Special Libraries Association in its own right is a publisher of three periodicals and an averige of • x bocas per veir. Therefore the Assocation has its own interests as a publisher to etserve its sales income and royalty Dreume. The Association's pillsations are needed by special groups but they are in such areas of speciala' n that con mere al polishers for even van ty pressek } wind in it togch flem beriüse of the small sales potential. Our subscription lists ratge from 12 (am) as a high to 1,000 as a low. Our book sales average about 1,000 eoples for each title with a range from 500 to our top category of "best sellers” at a level of about 3.000 copies sold per title. 2. Comments on § 107, Fair Use.—The Association is in agreement with the de neation of "fair use" as stated in § 107. We feel, however, that it is necessary to realment specifically on one phrase in Item (4): (4) the effect of the use upon the potential market for or value of the copyrighted work [Emphasis indicated.] We recognize that there may be some validity in the claims of some publishers ef per. »dicals that they may have some loss of income due to multiple photoeqning of a single article from an issue of the periodical that is still available imprint. If the issue is out-of-print (that is, if the publisher has not maintained batik in-print or in-stock), it is difficult to conceive how a photocopy of ist of print material can cause any loss of income to the publisher. Further, the slow delivery by publishers to fulfill an order for a single In-print fone is totally unacceptable to the needs of our specialized users who are postede for fait management decis cns There is little question that it is an nistrative impossibility to secure publisher permissions to permit interStrary response within any reasonable time. Moreover, the costs and delays in gesuch permissions would be prohibitive. „* a so pecessary to note that the preparation of photocopies of periodical art rues in libraries can not cause a loss of income to the authors. Authors are rar ty paid by publishers of learned or trade periodicals (either as a one file javient or as royalty payments). Indeed, the opposite direction of payment has teevne prevalent in recent years: a “page charge" is to be paid by the author js en plover to the publisher. These page charges are usually in the ra: ge of So stoo per printed page. ↑ Comments on † 165 Reproduction by Libraries and Archives - 1 kortin Jokimyoy The Association is eotourned with a pale InterI'm'ation of § 10% (n ) (1) · (1) Te reproduction or distribution is made without any purpose of direct or indirect commercial advantage; [Emphasis added } Cardeation of the meaning of the existing language is necessary benne a ety of special library operations are conducted for purposes of “ind reet menu al advantage" when the library's parent organ,zation is in the by iness, netrtal, or financial communities thru its products and services. It occurs to Pa that the existing language of § 168in) (1) may have been intended to pr. 1." It ** mereal advantage" to an authorized or unauthorized reprinter or rever of copyrighted materiais, སྙན་པོ We feel that cur concerns can be alleviated by elfher of two a tots: a) by nôd ng to ↑ 10 en ) (1) a phrase such as The reproduction or distrióution is made without any purpose direct or indirect commercial advantage to a reprinter or a nejslæber tanggested addition Palicized 1; or why through mppropriate e muentary in the legislative 1. try of HR 2.1w thout any change in § lovemirli ne now written kation to be enacted must not prevent or penal ze the preparation of pil at se vary litrary NL. A is of course, particularly concerned abog sted liuraries- especially those in for profit organizat ens irable damage to the total economy and welfare of the 1 test were to be contained in the enacted version of HR 224 or 2 Water Dogrias pechest or produce photocopes the " syrien are notlo pa **** magenta for the individual mid distinct use, a of lactates who an terta 1** ***** * gli strata of our American mociety only negative examples can be developed, can there be any logical basis for insertion of § 108 (g) (2)? The Association urges that § 108(g) (2) be: (a) Deleted entirely, or (b) That it be amended by adding a concluding clause to read: "... of material described in subsection (d) 8o as to impair the potential marist for a copyrighted work." [Suggested addition italicized.] The Association is concerned that the inclusion of § 108 (g) (2)—as now sta'el-in any final Act will seriously impede the spontaneity of research and the researc capability of organizations that maintain special libraries and information ord ters whose purpose is to provide access to learned, technical, or specialized publications. We are particularly concerned about any future construction that could be placed on allegations of "systematic reproduction or distribution" in § 108ogo! The single word "systematic" has been shown to have an almost endless numer of interpretations during the discussions of the "Conference on the Resolution; of Copyright Issues" (Nov 1974-Apr 1975). The Conference was jointly envited by the Register of Copyrights and the chairman of the National Commission of Libraries and Information Science. It is important to recognize that all libraries act only as agents for their clients who request and receive the photocopies. Inclusion of the word "xt» tematic" does not seem to comprehend the operations of libraries-or the lad ture of the requests from clients of libraries. Libraries provide photocopies of current or past publications in response to single, spontaneous requests freak the library's clients. Research workers are often thought to be isolated individ uals, but research itself is not an isolated activity. Therefore, spontaneous, 10lated yet single-requests for photocopies of the same article or segment in a copyrighted publication may be received from more than one requestor -es é acting independently and spontaneously. The word "systematic" has also been suggested to mean "within a libr system." Library systems have been in existence for many years; public library systems in cities or in counties or multiple special libraries within a corporaten or within a government agency. In more recent years, the concept of broader library systems (regional or statewide) has grown. Such systems have maay other meaningful functions other than the preparation of photocopies so as to achieve economies in library functions (for example, shared cataloging, te acquisition of foreign publications or of rare and unusual materials, and the improved access of all citizens to informational materials of all kinds. Al though publisher representatives have made claims that the number of sub scribers has been diminished because of the existence of library systems, no evidence has been presented that any loss of subscription income has occurred The above comments regarding § 10×(g) (2) are also applicable to $lusigid) (1) is aware or has substantial reason to believe that it is engagine in the related or concerted reproduction or distribution of multiple copies. whether made on one occasion or over a period of time, and (whether intended for aggregate use by one or more individuals or for separate use by the individual members of a group; . . .] [Emphasis added.] If a number of single, isolated, spontaneous requests are received over a riod of time (italic emphasis above), a library ennnot become aware of such a series of events without instituting an extensive and costly system of records of past transactions, In the case of multiple copy requests (bracketed italle emphasis above), payment of a per page copying fee to the publisher may be thought to provide an equitable solution provided that the costs to libraries for such reporting and payment mechanisms not be disproportionately great in relation to the copsing fees to be paid. However, the two posible mechanisms proposed for payment of such copying fees completely negate the concept of "fair use" as stated in $107 The two mechanisms proposed are: (4) A variable subscription pricing structure with a higher cost to libraries than to individuals. Thus the library would have pud a fee even i′′ no på 1copy is requested. (b) A transaction fee per page would result in the payment of a fee even for the first photocopy of an item prepared unless the library were to set up a costly record keeping operation of all past photocopy requests |