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in the l'nited Stntos. Among its members are publishers of scientific and tech.
1 barnals: mme of its members are religious or eduontional not for profit aya sinalons We are grateful for the opportunity to testify at the hearing 4-jay which we understand. is limited to the issue of library photocopying, and Srpat pertuisstun to fie at a later date our formal statenent as part of the esselt turlaris preure 1.. freewing in tried in our position 1 We believe that wetion 107 of HR. *** is a belpful statement of the
ples of fair 0, and we sopport wrtion 10 (1) 13) which makes it clear !1farrstreire the benefit of that destrine
Alhrrish in wote routs harmful to the Interp*** of cops right proprietors, * ** pirt!he enting privileg pitended fo librarie by Sution lit
Wen**f****d heute Pro 11) any further limitations no the rights of this **.hrr wirionnen, al' **** are offered in particular to the elindultants !! **p1 JAAR ?) with respect to *****tematic ring
use you tlor proposing done by Iranie would te pirmitted under the prin. . .
*ul. he would be clarife by Sertion 107. In addition, much Husman drie atiti over and alte the 1*rmissile limits of fur une nould be 171 **under the protje: of tion low. This freedom to conduct normal
normalnins was rai: 1 11y dowite na July 1974 ruirt of the Amerian 1. " A . (upright muluthatnltfee, a 3 of wabadie offer as a I! It It rends in part:
14. now have provision fondos for 1051 permitting photocopting of arral material, ping of material for preservation freedom of liabunts for phduror by users t id ernied machines on library premium, and the
g. important protinum Birmatting the making of single copies for mefmal ini.
trary tam vrk (lnderoning and bracketed material wujulle on the Pipe an, we have not been able asset to reach agreement on ***ystematic
4.ng. a terad tu dewrite aning in a sistem or network where one 11 mart agus in disuntinue 11s mutuription to a jounal and defend on anoti er Har li, the network to wants that in upies of artiries from the futur.11 when been pright putrintot, rikhtiy of worly. ttleie such systems or fet. # fosf12 A rntial thrrat to their rights At want to profit *th
ring buy ttveta wirbott w e sort of flirns We, of p rep would like to p* a few motrict. A M ilde talnind on disemination of information through
X the plitrination of the 106R12) that the wilt le free to she run fort bly for thurthal uur but for lil.rary wystr-un and network
namely, the section with respect to systematic copying. And we arran opposed to modification of what we learned this morning is box challenged, namely the preceding subsection, which inhibits mulle copying.
Much of the copying that Professor Low spoke about this monts his poor boy in Arkansas who wants to copy a page, is perintei under the principles of fair use. In addition, much duplication one? and above these permissible limits would be permitted under lim. A:: the American Library Association's Subcommittee on (opinipil, which Professor Low, I believe, was chairman, was more candid is committee report which was submitted last July to the Library Association than, I think, he was with you this morning.
He said in that report--and I'm quoting_"We now have prova under section 108 permitting photocopying of archival matera copying for preservation; freedom of liability for copying doneli i users on coin-operated machines on library premises, and the lig! important provision permitting the making of single copies for not interlibrary loan work."
"On the other hand," the report continues, "we have not been a as yet to reach agreement on systematic copying' a term used to Arribe copying in a system or network where one library article continue its subscription to a journal and depend on another libe": the network to make photocopies of articles from this journal is needed."
"('opyright proprietors, rightly or wrongly, believe that studen; toms or net works constitute a potential threat to their rights are: to prohibit such copying without license. We, of course, would las for see as few restrictions as possible."
Agreement has not been reached on systematic copying. It has met been rrached, because the libraries, as Professor Low intimated to see this morning. walked away three times from 15-and Mr. How*** will plaborate on that-in our efforts to put flesh on a statutory design which bv a series of guidelines would establish what kind of copying is permissible, and what is not permisible.
We stand ready to work out agreements with respect to t ,ompot guidelines. We stand ready to establish a clearance and passt
retem at our expensp-not the libraries. But wo far the libraries not been forthcoming in this regard.
Jr. DANIELSOX. Well, you actually have a minute left. (Lauglite
Mr. Liin. My friend was rushing me. I think he'd rather hear fr ! Dr. ('airns. I will yield to him. Thank you.
[The prepared stateinent of Charles II. Lieb follows:
SAMT or (ITAKIN HI1**, Pupi IT ('olL FOR THE AMBIA *,18
(X IMMAT 't RIIMIEN, Ive. I amn Charles II. Lieb. I am a member of the law firm of Pasko, Gonds a:d Human of New York (tr. I appear in half of the A ution of Amr?11 tutlishersInc. for whom I am arixhet vuur! Afring rith the TOWlwind Ho****, Print of the win1011, frun when you will hear la'! A andes ( Hifimana Imouble and company, Ine who is rhairman of " Awali's ( right (om muittee; and Nusan Eugelhart, the Assist . Atat director for top right.
The Asiat of American Publisbeth Is a trnite n wintion of well as 11* in the Intel Nintes. Its member pumpanies and muhadlari belirird to produce N3 per cent or more of the dollar volume of books published
te the l'nited States. Among its members are publishers of scientific and tech
beemale; wme of its members are religions or educational not for profit proga nikahlone We are grateful for the opportunity to testify at the hear.lig fly wbieb, we understand. in limited to the issue of library photocopying, and Srp t permission to file at a later dute our formal statement as part of the
1 frodening in brief, lx onr ition :
1 b ere that wertion 107 of IL.R. 23 is a leptal statement of the prepine of fair use, and we apport sertion 1041f113) which makes it clear talitarte repire the linedit of that don trine.
A !hough in wone rests harmful to the Interests of copy rialt proprietors, SP** ot !he cupring privileges Pitended to libraries by Nection 10
We are *** boker to any further limitations on the right plantbre ** ir right owner, and are o wed in particular to the elimitillon !!** MRI) with respect to **ystematic cufirinr'
Mylly not the copying dripe by Illraris would be permitted under the prin. . ff. 4** Wlhwould clarifer by Sertin 107. In allatlan, mueh 1 * fpiration over and more the fwrmissible limits of fair use would be iind under the provision of fion lon 'I his fridom to endurt normal
e nations was 1:41.dly distrild in a July 1974 report of the American 1. " As infirah (opyright uimotinittae, a( of wisich we offer an 1' 1* It reads in part:
" " # be provision fundar Sa 1041 permitting photeraping of r al material, oup) ing of winterial for promervation, freedom of lain) for It door by users on (in ernted machines on library premises, and the
infrary lam werkt der oring and bracheted material supplietl on the in my hand. We have not twth able yet to reach agternt ota tematic **1.ng # term tmd to des rite copying in a sistem or network where one 11t
so dimuntinur its subscription to a Jaumaland dr001 on another tart in the network to supply phot(nupies of articles from this journ1 when et fontstat proprietor, rightiy or wrongly. believe such symtoms of net
f.stitute fontin! thrat tan their rights at want to pre 11t sinh 6?ng tay theta without some sort of larup We, of er would like to *** de fer matrictions in Insite plaind or dinnermination of Infoftnation through f erative effort.“
gruunt has not be reached ner trmatie ving. Instead. ftrarine **** xong the elimination of 100 104g)12) M that they will tre free to take pare not only for normal uw but for library wystan and network venattens as of
***nntir n ing as the term le usein tien bomuld be distinguisha!
Mpak dete orruant to holated single fontaines 13***** ** ** take part in normal ibrary ordures. strmatic (ruming run when
n e prisp minterino aviobile to **ellepinte EL *er dittarins, under fortual or informal arrangements ***lump trent * * " is to have the tr t e ing library arve as the fiftur outro wet A rtigi. Irtafe Mrtvort 143 **, *
***?", te posetitig in otlier wurde m ilytra the ring for the original **
Twine #wuld have been puri band from the publief "1 ha litt urv ad on to the divided on whether or not tirrnsing previures whole te 相 s着 7 8 91 Thi幕 - 138集 In
tm Japan 18: a hr altu fpel fetara unay' harial Ayurnati ultig and $111.& frire am tof to ma' m, soto and fint tyment should impatte for brilirt niet in. the the diferent in prin.! le, mint a tant ttar kind of wing that all te fin tin trojarly define in win 1 An Intnfin ****r hat ta rati
lint varm in an la at and pay de then !! ntl«.* r to Irlatwr the mint that unanil rise internatip
namely, the section with respect to systematic copying. And wearin opposed to modification of what we learned this morning is bei challenged, namely the preceding subsection, which inhibits make copying.
Much of the copying that Professor Low spoke about this mont": his poor boy in Arkansas who wants to copy a page, is permite under the principles of fair use. In addition, much duplication 6** and above these permissible limits would be permitted under .:: the American Library Association's Subcommittee on ('opyrig. 1,' which Professor Low, I believe, was chairman, was more candida committee report which was submitted last July to the Library Association than, I think, he was with you this morning.
He said in that report and I'm quoting-"We now have prori-, . under sertion 108 permitting photocopying of archival maier copying for preservation; freedom of liability for copying dozel, users on coin-operated machines on library premises, and the he's important provision permitting the making of single copies for nori i interlibrary loan work."
"On the other hand," the report continues, "we have not bestia as yet to reach agreement on systematic copying' a term used to Seribe copying in a system or network where one library ay nito aj continue its subscription to a journal and depend on another libre the network to make photocopies of articles from this journal w'. needed."
"('opyright proprietors, rightly or wrongly, believe that st! !, -; tems or networks constitute a potential threat to their rights ar la. to prohibit such copying without license. We, of coure, would li. see as few restrictions as possible."
Agreement has not been reached on systematic conving. It hann been reached, because the libraries, as Professor Low intimated to find this morning. walked away three times from us--and Mr. Irene will elaborate on that in our efforts to put flesh on a statutory design which by a series of guidelines would establi-h what kind of conving is permissible, and what is not permissible.
We stand ready to work out agreements with respect to t.com guidelines. We stand ready to establish a clearance and prip|
putem at our expens..not the libraria. But w far the libraripip not been forthcoming in this regard.
Mr. DANIELSON. Well, you atually have a minute left. (Langlitri.
Mr. LIER. My friend was rushing me. I think he'd rather hear fr : Dr. ('airns. I will vield to him. Thank you.
The prepared stateinent of Charles II. Lieb follows:]
WA M or (ARIN ILIR (PRINT ('ot L OR THE AMAIA
OF AMKAX PI **, INC. I am Charles II. Lieb. I am a member of the law firm of Paskus, Gond * 3** Numan of New York (ily. I appar in behalf of the Aviation of Art Publishers Inc. for whom I am (nriklet rounsel Anu ring with . Titund How Pront of 1, A ialon, from whom you will hear 19pr Aletandar (Hoffman of inoubleday and commany, Inc. who is chairman of the Asiatiunn ( right (omtuittee; and Muean Engelhart. the A xiation Nuf direttor for our right.
The Adriatlon A rlen Publishers is a trade a sciation of ww !
er in the l'uite inte. It* **5 member maantee and atte.dlar: believed to produce N5 per cent or more of the dollar volume of books publed
In the I'nited States. Among its members are publishers of scientific and tech
el als: w e of its members are religious or educational not-for profit Tanjon! We are rateful for the opportunity to totify at the hearing twisy whxb. we understand, in limited to the issue of library photocops ing and ar poupeut permission to file at a later dute our formal statenent as part of the
1 following in brief, lx ourjition : 1 W. brliere that wtlon 107 of IL.R. 3 in a belpful statement of the ***3. of fair uve, and we support sertion 10% (f) (3) which makes it clear tanariorire the nei.t of that doctrine.
Although in some re* *** harmful to the Internets of copyriht proprietors, pan: the counting privileguriteodato librariety Setion
W **** boripir (tan further limitatione na the night of anthr ** *her right owners, ard winre opted in particular to the elim.difp
*17 TO!gi) with s et to *** tenuntic wrink Mly of the cups!ng done by libraries would be prunitted under the prin. p of 1*pwllhvatild be clarified by Settiin 107. In addition, muuh I n de pratiti ores and twite the fwrminallile liruits of fair un nould be fe. **p1 under the provisions of tion on This freedom to conduct Dormal
n arons was 'n tol.13 down in a July 1974 remort of the lerkan I a' A winio pyright statututnittee, a ( of wisde hue offer as an 0111 It rruds in part
Ne ne bave svorisione finder der 1041 pmitting photovopning of oral material, cupying of material for preservation, freedom of liabuty for pre dope by uur on 10 ernted machines on library premises, and the
tote*.rary loven in rk ( nder vring and brachetne material suppliell on the
at hand. We have not been able as yet to reach agirement on ***v trmatie " .ng term wd to dearierapping in # kystem or network where me Inart
! o diw ontinur Its nutription to a journal and do not on a 1.er linry kun the betwork to supply photoxopies of articles from the journal when
de tiputett pruprietors, rightiyor krongly. tiie such sywem or net
***g ly theta without some sort of le w e, of course, would like to w de fer motrictions in Duitse placed on din mination of information through
erative effort. ** Man has not been remehed an erstrmatie rising instead .mrt.no *** *e the elimination of motion (NIR)12) Bi that ttars will be free to make care not only for nurnal us but for library system and network
w ing as the term is und in w on 10metrould be detinguished ima Aphg dote ptr unnt to *isolated single omtanus request wirts
take part it. pormal litorary ridurre ytrmntic cupring Ours when .. yake mp 4 pot of tripp available to help fimm tyrar Imagla er librarie, under for tual of informal arrangements de fuir
" is to have the private ing library serve as the prime sure of werb