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in the l'nited States. Among its members are publishers of scientific and tech.

jamals; wme of its memlers are religions or aduentional not for profit organization* We #rp krateful for the opportunity to testify at the hear.dk fotay which, we understand. is limited to the issue of Ubrary photocopying, and

mirat pertsion to nie at a later dute our formal statement as part of the

1. following in brief is our f illon.

1 We trieve that uption 107 of IR. 2*** is a helpinl statenient of the prin fple of fair use and we suprt prtjun 10 (3) which makes it clear that are tropire the lenefit of 11.nt dextrine

2 Athough in sotuje rek *** harmful to the Interests of copyright proprietore, P*. the outing privilegi* pitended to libraries by Nection 10 3 W ATT ****

*****rt #ny further limitations the nig' t of anith *. 14* hout territoinen, ard wire owed in particular to the elind. ! 181

*p JE! !?) with respect to *** tematic rink Mch of the poing done by 111.rari would he fifmitted under the puran Prof! **** N h naud birlari by N471110 107. In addition, the h 11 mnd Neatkin over and alive the finaller liruits of fur une nould be

**: *** under the press of ton Ion This freedom to condut portal P ri operating an endly det1 in a July 1974 rrrt of the meran 1. '* ** . tbeth typrintat uale viimittre, a (113 vf whild We fel a ta et It reacts in fort

"te w bare provision fonde Ser 1041 permitting photocopiting of Inval material, o ing of material for pruervation, fordern of Intuity for

& dube by Usrrn ota mu tated machines on library pret ING*, and the 4位高端,日常护理, 特别的大舞台 | 惠州

清朝著名。 interdry foon werkinderworing and bracketed material muelli One tep haid. we have not been able as yet to reach agreement on ***stematik

ng term td to do rite copying in # Nystem or network where one In ear resto discontinue te sutriflon to a journal and define on ahler It rart in the metrork towugis potinues of articire frut this journal when Drej« fryright pruprieton, tightly or wtongly. belirse suh sy wefns or het

..1.10 m furnitint thnat to their rights and want to protll»t la €¢ ing ty twn witbatt wie mnrt of liian We, of w e would like to wp* a few triatis un p ilne placed at dissemination of information througts C erative effort.**

Afternt ham not the penched an erstmatie rasine innfrad *$mring are pe 1 the plinninntinn of wrtion 106R)12) War that they will be free to make u s not only for normal une bout fur library svefrith and network

rations as well

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It is equally meretricious to complain that the "systematic copsing" that is to be paid for is too imprecisely detined, or that payment cannot be made beat payment systems have not been established.

Sertion 1080g) exrludes from library copying privileges not only "systema cuving" but also the related or concerted reproduction or distribution of a tiple" copies Systematic copying and multiple copying are general coopt. ** are illustrated by examples in the Senate cotnmittee report (which closely folle the discussion of fair use in your 1907 committee report), and neither is me te Imprecise than many other statutory or common law doctrines with which w are all familiar. The libraries do not claim an inability to understand the malsipue copying concept; the systematic copying concept is no less viable or under standable.

What is missing of course is a greement among the parties to flesh out the statute-Dot only to formulate photocopying guidelines for the assistance ibrary patrons and employees, but to establish workable clearance and license procedures as well.

This is what your committee recommended in 1967 and this is what the Senate committee recommended in 1974. Had this been accomplished, we would not be here today. It has not been accomplished, and Mr. Hoopes in his testimony Wall place the blame squarely where it belongs.

REPORT TO THE COINCIL OF THE AMERICA LIBRARY ASSOCIATION FROM THE

COPYRIGHT SUBCOMMITTEE

The Copyright Revision bill, S. 1361, which, due chiefs to the cable TV troversy, has resided in the Senate Judiciary Subcommittee during all of 'n year and up to this date in this year, now gives evidence of beginning to move. The full Senate Judiciary Committee reported it out on Juls 3 and this is Monday in ued the accompanying Senate Report (8. Rept. 93-(3) explaining the legislative intent in its passage. It will now probably come to the floor of the Senate and be pasued within the next month to six weeks.

We have had many conversations with the members of the Senate Submitte in the past several months about provisions in the bill affecting photocoping is libraries. We now have provisions permitting photocopring of archival material ** ing of material for preservation, frudom of liability for copring done u-ers on coin rated machines on library premises, and the highly importaat prörision pwrmitting the making of single copies for porial interlibrary in work. On the other hand, we bare not been able as set to reach agreement no **rwternatie copying.* a terin 1 to describe copring in a gyetem or neturtk where one library agrees to diuntinue its subscription to a journal and downd on another library in the network to supply photocopies of articles from the journal when freded. Copyright proprietors, rightly or wronglr, believe me sv*tems or networks constitute a potential threat to their rights and want fa porttit murh powing her them withont some sort of license. We of pump wanid like to **** a* f+w restritions as possible placed on dissemination of information thronch cumperative effort.

In its report. the Judiciary Committee, in an effort to remove this immsen, Myymmended that "representative of anthors, bok and periodical publishers and obar owners of copyrirlitedi material meet with the library community to formulate photocopying guidelines to Ammt library patrons and empina We bere that such conferencan be promoted for through the off of w 11 ertad hnt impartial individual and believe that like Barbara Ringer. * Resister of Caprricht W*' fan Ideal t on for this Not only one she HATE tre anni deomp of beth librarians and publiwhers in her fairness and impiartinliit, *pt

nl«n furand awn the most einrienced of anyone in the country in the arpent with a tentle and foreign appright. In trying 01.0s to me the mom endition of the Senate Committee in the

a r ****,'h what mehrere 11 e of trept to all. we ask (saniti totransmit the following request to the Registrant l'appricht

The American Libor A riation nrere the Rapister of Caprichts to arrance In to watermart fan the end orprente en forenroe between reppunta

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Institute studies of related problems, and to promote understanding on the part of the general public of the many complexities inherent in the right problem.

Presented to American Library Association Council, July 12, 1974.

TESTIMONY OF ROBERT W. CAIRNS, EXECUTIVE DIRECTOR,

AMERICAN CHEMICAL SOCIETY Dr. Cairns. I'm Robert Cairns, and I have a very lengthy state. ment, which I will obviously not have time to present; I would like to submit it for the record.

Mr. DANILNOx. Without objection, it will be received in the record. I would appreciate it if you would give us a "once over lightly," I am sure you know the contents.

Dr. Cairns. I will do so. I have a summary, and I'll even have to Summarize the summary.

Mr. DANIELSON. Fine.

Dr. Cainks. First of all, I would like to introduce my colleagues lere, on my right, Dr. Richard Kenyon, who is director of our division of

minunjı ations. And behind me is Dr. Stephen Quigley, who is direr tor of our department of chemistry and public affairs, and Mr. Williain Butler, representing Mr. Arthur Hanson, general couns! of our * !ely.

Perhaps the main objective of the Imerican (hemical Sowiety is the incrue and diffusion of chemical knowledge Mr. DANIR . Your objection! Dr. CAIRN. Our principal objective. Mr. DANITIMN. 'I hank goodnese (laughter.)

lor. CAIRN (continuingl. That lave emphasis on the fact that we arr interrated very strongly in the dissemination of scientific knowl.

sir. DAVINI0w. That is the only baxis under which we can have copyright law, as I rrad the (onstitution. Dr. (n. Throughout the past year, the American (hemial

ry approach to achiriing tits olijas tipe has been to nithet, to nuste, to orqanize, and to control mewantite info 1on to a furnunful for publerntion, tirn to puik, journa! 10 11 1.sk ther. I tweep - and deliver it to the winter world, that is our pull.

In puking Ampun of new wilt lati!, knowlerlari 11. transpon which it wiederrel, malina, and organ for }.b. 1 st on the journal porosme urobit.!! unated all joritatile

te of userlly aripped knowlecigap in the firkon pineal. We nunquah, I think, on this theme for a great 11.Any johtiti ulote .wghy we are one of the largest Te integral part plased his sont:!1. jornal and writi pre anh motor trin indispensabil pe frugt our IV O lofr. 11. gosip. nalepolete the knowledge amp for alle stedet . for '.*** try yant pirodala 11.(

v an het 'n p a aril the profil.. 'lah salir enery ar**. the nearlil fica prolri, til dilly al orderpujete beeleh rre, and quest!10:09) martient.

los primera!!y important think thenstein of ***9111:11 Putunt': pH prosto nervient:lir informat of tr .11!1 !y, t'ist sur 1 pusletton,

Now, the central argument focusing on photocopying is essentially an economic one. I wish to call your attention particularly to tir critical problem provided by the cost of bringing the research jour! through the process of editing, collecting and evaluation, composti selle and other production steps, up to the point of being ready to priek the first copy. These costs are what we call "first-copy costs." In out system in making scientific information broadly available is to cafu tinue, we must continue to find ways to support these first-coprivning as well as to pay the costs of the journals actually printed and delivered.

We are finding that subscriptions to our journals are decreasin. Since 1969, subscriptions have decreased from 12 to 18 percent. Fue example, the Journal of the American Chemical Society, which is our prestige journal, has dropped from almost 20.

000 down to s little below 16,00%) subscribers as of the end of 1974.

The Journal of Organic Chemistry has dropped from 10.00 to 9,300; the Journal of Physical Chemistry from 6,300 to 5,3000; others have declined comparably.

If users are allowed, without paying for the journal, to raive copies of the journal papers, it is not likely that they will substine to the journal. Under such conditions, paid subscriptions can be expected to continue to drop rapidly.

While replacement of actual printed copies of the journal by proto copies would reduce the cost to the user, the large costs referred to ay first-copy costs" would remain uncompensated, it would have to be distributed over a decreasing number of journal subacriptious and the result would be very expensive journals. This would mean that the cost would fall on the relatively small number of individual orrinizations which would continue to subscribe to the journal. () viously, a continuous trend in that diration would threaten the eco nomic stability of the journal system.

lf, on the other hand, the copyright law is designed to require par ment for photocopying of papers from journals of an adequate 2.0 fuitable charge for the copy, this would distribute the cost of the ten more equitably over those who benetit from it. The objective is not to prevent such photocopying, but, ratl.er, to provide support for the basic costs of developing scientit information for distribution, thus liteping the journal system viable as a base from which the 1!!! proving technologies for improved disrmination can draw: the result Broyli be a more effective and more 13-ting total information sitem.

Now, these art a couple of studies to which I make reference in mit inn report. One, that the interlibrary kan r ond on by thair our this. rew from 473,1W) renese in 14to slonile that timine in 1'*.. with pmjetions as high n o million in 1976 . So, Happpling pinto millione, ali i sul! ons, and millions of interlibrare foss, to give you an order of mainitude; and that is fronteir own

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parhter. Tri postin test that from the collet on of ;i sipilis tliei dera:d siit sa't grow:1.4 in the range of to **, Wirt'in tu r , to a rip from

million in the fint in per. Yrt. frient of ti permit would be filled tip i oto op).. Things t ipom ovos de propre intent of fly 11:10 mpang All of tip

ok and stem of improving the dissemination of scientific 1:6,.5...11:01. losser, it is reasonable to espect that the number of journal -1.81011n froin which those will be provided will be much smaller

ut the present. 1:'m have been olojections that any system of licensing or fees 6.000 open would encourage excesive administrative co-s. IlowPsih tudi of the elements and possible systems for licensing and 15. tion of fers for photocopies has been developed by a working

*p of librarians and publisher of the ('onference on the Resoluįss of Copyright lampes under the chairmanship of the National Cijos.on Libraries and Information Science -- plans are now

efrielsed for ipaamgch propoved systems as a means of Pyy a t how to pro may he carried out in an economically

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Ladie lona Dr. Kenson who is a member of that working group * !.** will tre giad to answer specific questions on that system.

la fute from stations on wine segments of thie bill, the American l'allets rommenele page of the sections of HLR. .3

id to library plantinops, 9. This recommendation is made with I pore info box on work with the Conference on the Resolution of (up !"38 1138**, that a practicabie pritom for licensin; and fee col. Pole Poup pleve

o of coprighted works can he developed, which Liela lortul polo tabir elinden for nystematic photocopying in Pellent of an and prorral and ecotomally viable stem for the dis

i of my prif for information. VP Disn . 16:17 Vou very much. You hare ut, frinutes luft. I !!!!!... oh ini, lisch of the room. Ilioulil you like to sich f...), lite!

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