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Copyrights Subcommittee at the last minute (after public hearings had been b'; and is only vaguely and confusingly explained in the committee report, it is ... sible to determine exactly what it means. Such cursory explanation of the totaldo tion as was offered by publishing interests before this Subcommittee seas to confuse it with "related or concerted" reproduction-which is separately trained by Section 108(8) (1) of the bill--and merely disguises the real import of t. restriction. It appears, however, to be potentially applicable whenever a larg makes a photocopy of an article or other portion of a publisbed work in the co text of a “systen". There are, of course, many such systems of libraries, from city or county branch library systems to the university with branch call.fl** to regional library consortia. When it applies, Section 1084 g)(2) would fra the making of a single copy for a single requester, of any part, however sanal, of a copyrighted work. It is precisely the right to make such copies which Seca 105 was intended to confirm.

The Senate Judiciary Committee report states that systematic reproduction of distribution within the intent of Subsection 108() (2) occurs "when a library makes copies of such materials available to other libraries or groups of users under formal or informal arrangements whose purpose or effect is to have iba reproducing library serve as their source of such material." An example att seems to fit this description would be arrangements under which the Leniniai ve Research Service of the Library of Congress provides copies of materiais, pard as articles from economic or business periodicais, at the request of Memi* of Congress. An example listed by the Senate committee's report is the case in wh: a branch of a library system obtains at & user's request a copy of an article wbich it does not carry in its own collection. The example most frequently cited by publishers is the regional medical library system, by which local boxplai atd medical school libraries have access upon request to seldom-read and his specialized periodicals carried by regional medical libraries or the National Ldbrary of Medicine. Each of these examples involves practices which are tradi tional and obviously reasonable. Just such photocopying practices of the SD were at issue in the Williams & Wilkins case and were held to be lawful.

The sole rationale offered for the new restrictions is an assertion that they are necessary in order to prevent present and potential subscribers from library photocopying machines in the place of journal subscriptivas. That deur tion is simply and clearly not valid. The argument has a certain surfner plau si tiity, but in spite of the many opportunities presented to them, notably in te williams & Wilkins case and most recently at the hearings before SP***** mittee, publishing interests have never offrsed any evidence to substantiate the. claims of damage or to show that their fears for the future have any basis in fact within the context of the limited library photocopying which would Ime US uized under sulinections (a) through if) of Section 10%. In Williams & Wilkins much an inference of injury mintakenly indulged in by the presiding Commi- aet was overruled by the ('ourt of Giaims which beld instead that this record ... fails to show a sinificant detriment to plaintify but dope demonstrate injury to medical and entitie research if photoeping of this kind is held unauful The publishers' reference to prarthes by the l'niversity Jhetenlaus nulidiary of the detox Corporation has no relevant to library photocopying, and the trai's profit-mining and rusaity-paz ing) enterprimp geared to the reprinting of nati' ip copies of articles and entire journal ikke wotd ciearly be our ide the provis*** of 71199 10m in the *of Salongation tonigl.

What tidence is available strongly sugapain that traditional library photo cupying dre" but injure publinkers, and in many in*tances may actually intres submariperont It is reasonable to support that libraries which have freune at reuen for particular works will purihan those works, if they are available, toimites were thrir up and avoid the drlay and administrative expune pe** sarily involved in inter-library lan transan. Hesails of ARL's examinatio of one inter-library fan network showed a very low rule of coincidence ab*. responen que Harriy was the same article requested by the livraries. It is revealed that Apwront of all pleals were for fufeign juridals and demens pulm L at Lot covered by copyright, and that of the remalning 16 percent, pero 18.1 of the reports were for publications more than 3 years old, and only 17 point of all requests were for material fire years old or less. In view of the la is that the overwhelming volume of photo upying involved neither current puwatuns nor multiple cipsing of the name publications, it is manifest that tbe kemping by the libraries was out taking the place of mulription Indeed, ubrary photocopying services may actually help to increase subscription, bs pruniaink a kind of advertising for the periodicals in which requestens find ariinat value.

Willie there is no evidence that prohibiting traditional library photocopying, of (* 14.8***ailag liraries and ultimately the public to pay copyright royalties firsut pbat cupying will make any contribution to the promotion of sience or fle arts, or that there would be any other beneat to the public it is manifest that

e and indiretts of the prohibition will be great. Simply to a certain flat a niyait) is payable and to conlert, arrunt for and remit the royalty will Le brasy administrative costs. If the acounting charges are panned on to mrary putrue, they will magnify tbe direct cunt impact on the public, and do *?afe use. If the aur is charged to the Ubraries' periudhals bue'zet, it will

es muurvd subertiptions, resulting in a decrease in the priodais available to od rary urn and 1 of susription incorne to publishers. Another out ..tetraedtle!! and mu'liation of publication, and the more libraries pts * ford fuss Pigmale and replacement of mutilated ther181, the less they

knie to belid on new bus atid jurnals. But purtain the heaviest ant *7*!l, le tlo ir.tate.' le net tombulanship, orwarı haldi education to tilt11.* "", det, omple facet wife in jullit of a punyalty fre will fint atl?lely bas** 15. **% $.t« a po prisrarhers a larutego work in a subated and winp'ited ly trs !ame to pleases for referenr. Tiesitko which this moleumenittee onlled upon to answer mer le rima'r

'lil mars te prohibited from making at a more prepeat, a stile *99)rnal arti le or of an art from another published work, or liable tota raty fee simple trause it obtains the copys from, or supplies it to a nhibrary, a library member of a mounty or repeal library system, or NEXT . ftumn of uraren? Imu- it is clear that woh customary and

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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 werte, wishes to take exception to the exclusion of music from the library copy6 privileges specified in section 108 of H.R. 2223. We feel that patrons of use 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 rec.. this equal right of access is discriminatory and contrary to the publle intent.

Although music may occups a special position in the concert hall or on the si, music in the library is not substantially different from any other subject to tion in the library. Music is widely studied in schools and universities n0t 12.5 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 color conservatories and large public libraries with extensive research colledi. Munie libraries are the repository for one thousand years of Western culture the perion for which we have notated readable records of our musical buritsre. Scholars and students coine to music libraries to examine and study the park Such audy is a demanding discipline and serious students need to study, analyur, and compare portions of complex musical scores in the same was that adtarved

! students of medieval history, French, or biology need acets to data in flt.! respertire felds. Just as the plays of Shakespeare represent more than a v.. de for actors to a specialist in English literature, so the symphonies of Beetlieb are of intellectual and aesthetic concern to students and scholar of in dr.

I'shape the committee is unaware that the exclusion of music in clause they of section 108 would restrict the works of Bach, Beethoven and Mozart as well as those of living compers. Edited versions of music from any century may be registered for Class E (musical composition) copyright. It is, in fact, aimat :mpasikles to find a score of any kind published in this century which does not tras a copy right notice, and this notice makes no distinction between editorial ard! authorship copyright. Thus the exclusion of music works in clause (b) will affret study Bot only of the music of Bela Bartok who died in 1915 hint of works by Wolfgang Amadeus Mozart (d. 1791) and Guillaume de Mact.aut id. 1977 Such restriction may not be the intent of the legislature, but it will be the efe? of the statute as it now stands.

Another characterization of music is the practice of issuing sholarly editi-04 in large multi volume anthologies and collected works. Such sets are customanis found only in librarie. Many of them have been out of print for years. Because of their value, volumes of such sets are rarely available for circulation. Resznie top of photoposing froin such editions as included in 105 (h) would relegale their contenis to library shelves where only those with time and the abiuly une the prures in the reading row could bentit from theu.

By way of contrast, mert music libraries are not comerned with epoherra For instance, the ultitudinous lrad skerts and guitar arrangements which punitute the bulk of cupsricht registrations do not find their way into the regular collection of the Library of Congress, much less into smaller libra nes Els alone makes it impractteal for libraries to bouse and care for material whirded*** tot lave some smiai significance or enduring aesthetic value. Vuele profissare apparently most concerned about the protection of current. salate, mparatively simple composition Kemiriction of library copying is not a very Dormitical w..i to ku aluse this. Fini, au ne have printed out, *works are 110peysari.y linely to be listatud in libraries. Secondly, any musician and so infri 2*1.4 st of much work. a popular sung for example, cold ertain's take a 118). vandt harmony down by ear from a recording or the radio more easily than he oli!!! på espx in a library

Esrti puilemaalfertigst nesiots mye do nirte que !trarte puts to **rdy and ywrfarm fm. Aqwassim? or a singer would rather buse his non my pri 18 juannelsle, ole he can mark for lil* *uai uwe and one he can keep furter. Even

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pot solenrobles do not have the convenience of the publisher's binding which is vital to the ute of a well ued score. Of course serious performers use libraries but it is chefy to enlarge their horizons and understanding that they do so.

It any case *e would like to remind the committee that the privilege granted Ir wrton lun only apply to material which cannot be obtained through current Ira Ir &* Prestimably publishers will respond to popular demand he supply. Ire talertile to all this need. On the other hand the library is frently the 49.1 are for olu ure, the out of print, the archnie work which is tot in great doare but are to which is urgently needed by a very few. Asqaror.'ly the word "a mustral work" were included in the exiInstans to

- 14 at the Iristination of the Music Publishers Association, an organiza. touette of perparatively narrow ponituir interest whose chief function is the Lararement of porn right for alties. We feel that we, not ther, represent the publie **/**** Tlse tip314 privileges extended in section 10% are not in the personal {"smal no 11.rinars piirpt insofar as the librarians are concept for the Die won they true. Photocopying certainly means more wear and trar et t'eters and probably means more work for the librarian The Muur library A*** qtbext besp not for its members' convenience, but on behalf of the #drambolars who tlp our collections

FILE* of mewn 10% in HR *3 morgnizes the enrichment to our rezne stirth wholmrly studs and I encouragement through libraries prostate. 11. « part of our cultural heritage and its #twas such informal

Alex 'liale w koloris disipline 'There is no valid di*?!nellon between the * lart use of music in a library and the similir use of charts materiais Bp. Te preu-ton of male from the privilegre granted in spation Joen??!!! 1.81 (t fupile fiscal a bharuslp. Including tranh online of * 1,7 foietas arii ar that of the prerut Buch an action would divsimin** anainst

It'lars at would be contrary to the best interest of the puble who are 1: 1mgle winra, 18. * P mh !Arsip in general Therefore, we profit fills po !). Ile 11.11 Xpleuifus fuftep on Patente. Trademark and for rights #late the survis 'n mistral word" from s100 Josid) of HR22.5

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scientific and technical interests in library and information science and tel. nology-esperially as these are applied in the selection, recording, retrievai ad efective utilization of man's knowledge for the general welfare and the advant ment of mankind.

Special Libraries Association was organized in 1909 to develop library and inforination resources for special segments of our communities which wer: adequately served by public libraries or by libraries in educational institusi 114 At first the emphasis was on special sulject coverage in each serial library as it related to the interests and business of its parent organization, for e tampe sources of statistical data for both corporations and the agencies of the nale! government and state governments; business data for banks and investment firms; chemical information for the then dereloping chemical industry: et cho neering information for the emerging complexes of engineering and evästra i companies, etc.

During the past 66 years and with particular growing needs for rapid intrat tion delivery since World War 11-specialized libraries and information ceaters have been established in all segments of our nation's affairs. They exist in lit profit enterprises and not-for-profit organizations, as well as in government ages. cies. Some are open to public use, and others have restricted access the #1 ! security classified materials) or are part of a for-profit organization 1** + 1)*P!! 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 infurmation serrices for a specialized clientele. An example of such a mweiulize information service for a specialized clientele is the luginative Refr** ence Service of the Library of Congress. Although the Library of Congress as a whole is often called a “national library.” the entire Library of Congtee* itself in pertans, an outstanding example of a definition of service to a specialized cien. tele: The Congress of the United States of America.

The specialized clients are normally the employees of the parent organizatı a. The specialized information services are based on the speedy availability of infir mation, both for current projects and for management determination of dejagers regarding future efforts of the parent organization. To these ends, the mempua! SIA inclu le not only librarians, but also persons who are subject xpwciali*** that for can evaluate and screen out the irrelevant, the redundant and the tra often riveles portions of the roluminone pozl}{shed literature. The totalltr of the literature includes not only the publications of commercial publishers of tuippe riztted books and periodicals, but also the gralanche output of government agri Potri foften with security handling sporiremonts) plus the parent organisasi 15 iton ir.torral corporate documents (trith the obvious need to protect proprietary or competitive information).

As a parenthetical observation. It should be noted that the pioneering work in machine for information storage and retrieval (now enmonterizart) pouk piace in mgwta'lzed libraries and information centers in the 1980s and 199112 Similarly, the need for irrinturization of the bulk of the literature in microforms Ya! throth the influence of SLA's liaison with designers and mar:ufacturers of m. propadnenprint.

Last, but not least, S.L A pioneered the concept of information networks - Iong Pifuge cuisiprese and other communication devirm had twen defels SIA tas fartitatred putamunicationis among its members through the Aswation's ni ve 11:formation network of Chapters and Drilone Initiated more than a Son 1} * !*** work has been fruentis updated in reap-4313 se to the teruge vite 1:-# Infofil.l'inil ruralsreytinto

SL A forgipe in I Hivi ions which present broad felde of specta! *** play or fr. furutzandling terhniques. These tip}ita tanpa alphabeti mula frin

tretining i teame, and Bioletten Sfera through Military Librarians, 31:, **!! X.*Horres, and on to Travestisiyp. rend l'plang lain

SLIM) (IX"1.72 in 47 tral (ajver which range gynr90?*&!!* fror 11168.1.1 noves the pattertal In States (plne two (hapteini*ng la pirtin Erw* ??? Chapter (which eneurs**** prigraphlea!'s all the $**• Seman! ** 1*43*3**rf*o Enp).

Nral Librarive A-**** aften in dt* own leo fe a publicats of pregasele arul an arence of some this Betr. Tres Prise ehe Acneeation ******* Iso tempomat ** a history to observe its sales income and pastry ireume. T Aestina porab.164***ints are nos atend for *****!*1 groep but it can app in arch areas of self "103"}om that maramiespiola! 21.00 for prin 117's puppert! furt'd not fires and to e. bow" base of!***.ali sam smeential. Our statis*an ! ** ratno from 10:0) as a li shfa 1.6**) as a low. (38 tommadá sales average about 1,0**)

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