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The next step would be the Xeroxing of an extra copy of that page. In other words, when the article is Xeroxed, the first page will be Verosed twice. Those first pages will then be shipped in bulk to the clearance center which would process them. The processing could be done in various ways in which I don't want to get bogged down, including optical scanning.
Beyond that, I also should point out, that is only one possibility. The study group was involved, and hopefully will continue to be involved in developing that system. And, as Mr. Joopes pointed out, one of the purposes of the study to be undertaken by the National Commission on Libraries and Inforination Science is to test the system and refine it.
One more thing, and I will turn it over to Dr. Kenyon. The history of copyright is full of technological revolutions, this is not the first one by far. Phonographs, motion pictures, television, radio all developed during the 1909 act; and frankly, some of them are much more complicated and more devastating in their impact on prior methods of distribution. The jump from printing journals to photocopying, quantitatively, is nothing compared to the jump from publishing sheet imusic to performing music on long-playing phonographs and radio and television. That was a tremendous jump, economically. Yet, copyright owners and users were able to work out systems for licensing, facin problems much more complex than what we have l:cre. It's poppycock to talk about the complexity of these problems, compared to the complexities that face the performing rights societies.
And our problems can be handled much more easily, I think, in the long run. But the important thing is to at least try, and not come up to the author and back away; and come up to the author and back away in the manner Mr. Low described. If you go through the process of trying you don't take away other people's property just by lightly saving, “I, a librarian who has worked in the public field and public funds for 40 years know that you businessmen can't cope with this problem, so our solution is to take your rights away from you", that just isn't something we can lightly accept.
I think that if the attempt is made to work it out--that may also eliminate other complications. Here are 10,000 journals placed on micofilm by copyright owners' permission. Other journals would be in here if their proprietors were not fearful of the fact that once the journals were photocopied by University Microfilms and sold to libraries, the consequences on a photocopying exemption would be devastating.
Mr. DANIELSON. I think that the gentleman is referring to the rather large catalog of microfilm work that is put out by Xerox.
Mr. Karp. University Microfilms, which is a subsidiary of Xerox Co. Thank you, I have taken too much time. I'll turn it over to Dr. Kenyon.
Dr. Kenyon. I don't think you bave gone into a detailed description of the mechanisms. The elements of such mechanism are included in our report here. It is our view that the publishers said they believed that a kind of system could be developed with the elements of this mechanism, could be effective in receiving payment for photocopies. Library people have said they doubt it.
But at least we have developed elements for such a system which have been presented to the Conference on the Resolution of Copyright Issues. And in the press release from the Library of Congress that was issued in very recent days, it states that the National Commission on
Libraries and Information Sciences is prepared to assume responsibility for financing and to cosponsor with the Conference a project to compile library statistics on photocopying, including testing a payment mechanism. As had been indicated, the interlibrary loan is a very important instrument in providing information, and the added matter of recording the photocopying that is done, and fitting that information into a central clearinghouse, we believe, can be developed in a relatively low-cost system, especially in view of the existing electronic mechanisms and continuing advancement with such mechanism.
Mr. PATTISON. I just have one more question. On page 6, Mr. Karp, you referred to a Xerox per page fee as a royalty, and I am wondering if that is accurate. In other words, is that the charge Xerox makes when they lend a machine to you, whether you are taking pictures of your hand, or some copyrighted material, there is still a fee.
Vír. Karp. You copy a page, the library copies a page on the Xerox machine-I think this is useful to illustrate that point-and Xerox gets paid for every page they copy for the use of its property, 2 cents a page, or whatever the arrangement is. The material on the page to the librarians is of lesser significance, so they say it shouldn't be paid for.
If I may, Mr. Chairman, Mrs. Linden who has been prominent in the deliberations on photocopying and represents several publishers wishes to make a comment.
Mr. DANIELSON. Go right ahead, ma'am. You know we are on borrowed time because the House is in session.
Mrs. LINDEN. I'll try, 2 minutes, thank you very much. The discussion this morning, its major portion centered on the photocopying and duplication of scientific and technical journals. If you would be good enough to look at sections 107 and 108, they deal-section 107with fair use of all copyrighted material, sheet music, and the library photocopying issue, the most immediate one by consensus of all, relates to scientific and technical journals. But that is not to say that the language promulgated in section 108 relates only to scientific and technical journals. Focusing too narrowly on the most immediate element expressed this morning it is my fear-and I hope unfounded-that the larger and fundamental issue might be overlooked, and that is a change in the express language of 108, and the elimination of the subsections requested by the library group would affect all intellectual copyright, books, scientific books, encyclopedias of all kinds, children's books, all literature that we are discussing. And it does so not only retroactively where we are dealing with legislation, but proposes to regulate prospective uses of all intellectual property.
And therefore I urge strongly that we not look so closely to the minute of Professor Low's illustrations which we all concede are fair use, and forget the basic issues that sections 107 and 108 relate to. Thank you.
Mr. DANIELSON. Thank you, ma'am. For the record, will you give us your name and your affiliation?
Mrs. LINDEN. My name is Bella Linden; I'm partner in the firm of Linden & Deutsch and represent some of the major educational publishers.
Mr. DANIELSON. I understand we are going to have you back tomorrow, so, this is sort of an advance showing, is that right? No; you are welcome back
Thank you. We don't have a quorum call, we are in session, but I have a couple of quick questions and comments I would like to make.
Dr. Cairns, you produced some interesting figures relative to circulation. It would be helpful to me at least, and I think to the other members of the committee, if you could provide us with some data on that. And I hope you will be good enough in doing so, to be very conservative in your computations, so that we will have good, hard figures to deal with. If you would comply with that request, we would appreciate it.
Dr. Cairns. We will give you those. (The material referred to follows:]
AMERICAN CHEMICAL SOCIETY,
Washington, D.C., June 25, 1975 lion, ROBERT W. KASTENMEIER, Chairman, Subcommittee on Courts, Ciril Liberties, and the Administration of
Justice, Committee on the Judiciary, U.S. House of Representatives, Wash
ington, D.C. DEAR ('ONGRESSMAN KASTENMEIER : During the hearings held in May 1975 on HR 23, Congreseinan Danielson requested supplemental information of the
derican Chemical Society for inclusion in the record of those hearings. Therefore, I have enclosed for your information and that of the Subcommittee a chart anturing circulation of scholarly journals published by the American Chemical Swirts during 1969 and 1974. The request for supplemental information, which Indicate the magnitude of the decline in circulation of these journals, was made aturing the discussion of the potential effects of continued photocopying on circullation of scientific journals.
I hare also taken the liberty of providing you with a copy of "Copyrighting Physics Journals" by Dr. H. William Koch, Director of the American Institute of l'hysics. Please note that the article has been reprinted from Physics Today-not 19.otronpied by us. I believe you will find that the article further indicates that thirieriine in journal circulation is a result of widespread photocopying of single articles,
On behalf of the Society. I wish to thank you again for the opportunity of presenting our views on copyright revision as it relates to the issue of photocopy. 1). "The Society would be pleased to cooperate in any way with you and the Saxommittee on Courts, Civil Liherties, and the Administration of Justice in remulsing this issue. Sincerely yours,
ROBERT W. CAIRNS. Enclosures.
AMERICAN CHEMICAL SOCIETY
Arcounts of Chemical Research.......
physics today MAR 25 1974 )
EDITOR'S OFFICE Copyrighting physics journals
Unauthorized photocopying and republishing by
H. William Koch
Changes in the manner of publishing that propagate inadvertent errors, and lems are those, discussed in this arti. and disseminating physics informen inaccurale translations into another cle, that arise from whole a' cuver. have been coming faster and suster language. But un financial implicato-cover copying of all, or pass of. AIP during the last decade or so, and with tims are clear. I shall present here and member-society jurnals by foreign them they have brought an increasing. sorre estimate of the substantial re. institutions, other publishers and ly urgent need for changes in copy. duction in AIP and member-society in righting procedures and practices come represeated by subsriptions lost Every user of American Institute of as a result of unlicensed publ:cation of
The problems Physits and its member societies' jour complete issues of our journals in for. All of the primary and condary nals is bound to be affected in some eign markets, of unlicensed use of ab. journals of the AIP and its Tebet ). way, as will be the authors contribut. stracts, and of incased photocopying cieties are copyrighted - see ingure I for ing to the journals, when journal copy. -all matters related to the copyright the complete list. The upvracht right ambiguities and inconsistencies questions. The sur could be as high Owner (AIP or member society: thereby are clarified. Will the individual as $1 million per year, compare this to enjoys, according to one definition ! physicist, or his library, be able to con. the total subscription income of AIP "the exclusive right, granted by law for tinue purchasing primary journals and and its soxieties, in 1973, of $4 million a certain number of years, to make and secondary information products at fair (from primary journals) and $275 000 dispose of and otherwise to control market prices or will he be subsid.z (from secondary services), and you will copies of the journals. But this proing the commercial use of these prod. see why AIP and its member societies tection has disadvantages as wel as ucts in some other form, or in some cannot afford to neglect copyright advantages arising from the fundamen. other country? Will the one quarter of issues. In fact, is the balance becomes tal limitation of statutary copyright all AIP society members who (acrord. very much worse, one can see how the generally to the "expression (!ideas in ing to one count) themselves contrib- ent re physics publishing operations of a published work. '3 The copyright pro. ute, as authors, to the physics litera. AIP and its societies would become im tects against outright copying or para. ture at some time or other be com perled with repercussions that would phrasing, but not against a sur prit pletely clear as to their rights to pro extend far beyond the AIP society original work that utilizes the same tect the scientific integrity of their own member hip.
idea) published works? Or will they find I should point out at this stage that There is a marked contrast between that questions concerning the re-use of there is no intention of attempting to copyright and patent issuing practices, thear works dissolve into a fog of inter- limit the photoxopying or reproduction Patents are thoroughly researched and national disagreements?
of single journal articles by individual eventually granted to protect the deus The issues involved in journal copy. physicists for their own use. Indeed, themselves; copyright is perfunctory rights have scientific as well as finan. we take a favorable attitude to the in registered, without research, when the cial significance; they are also funda creasing use of the primary journal published work and its copyright no. mental and (ritical at this time SCI material, such as in abstract journalsuce are presented at the Copyright Of. ety officers are concerning themselves or in translations by foreign publishers. fice and a $600 see is paid. Also to more and more with the issues and feel This is, after all, in keeping with the establish proof of violation of copyright the need for involving society members Institute's stated alm. the "advance one must prove actual copying of the in the problems and the resolution of ment and diffusion of the knowledge of work proof of patent violation, on the these problems
physics ..." But satisfactory agree other hand, may be found irrespective The scientific issues are at times · ments must be worked out between the of whether the delendant's work is in subtle, relating to rewritten abstracts copyright owner and the republisher indeed a copy or is an independent cres. that attempt to duplicate authors' protect the scientific interests of the tion. Incidentally, there is common original abstracts, uncorrected pages authors and the financial investments authors and the financial investments law protect
law protection against copying of une of the publisher. Inless agreements published works. M. William Koch is director of the Amerke are completed, problems are bound to In seeking adequate copyright procan insufute of Physics,
develop. Typical of the existing prob. tection for the journals, AIP and its for.
cimies are naturally trying to protect stitutional users, such as libraries, uni d ollar payments to AIP for lost sub. the anal investment Currently verxities and research laboratories both scriptions for some journals an $ Iron per year enterprise, this in the l'S and abroad. Not only does royalty free permission for AIP and phyta pushing busness is worth inadequate sharing exist in the US to the Optical Society of America to con.
i han $10 million when integrated day, but the situation is being argra tinue their translations from Russian eve the past five years However, vated by the rapid growth in the tenden into English of 15 Soviet physics jour. there warther aspect that must also cies of venous nations to reproduce and nals, including about hall of the Soviet be modered AIP and society jour dueminate, within their boundaries physics published in journals, in return *nals on almost 90% of all the scientific and technical information px 3 research and education results onginating in other countries without reproduction privileges in the USSR purified in the US. The journals recompense to the original publishers for some of our journals penie a means for establishing men for the resulting losses in subscription reductions in the number of com. turk mandards they are the public rec. income. Because 55% of the 300 000 plete copies of AIP and society journals and (w puearch performed by members subscriptions sold by AIP for itself and produced in the USSR, competing with
APK and they are the basic its member societies each year are to our own sales in Asia and both western Terce dying the knowledge of foreign readers and institutions, the and eastern Europe. . pt that AIP and its member soS ificance to AIP and societies of Negotiations now in progress are er. Cwrs are chartered to advance and these international developments 18 pected to set up a similar pattern of
enormous, representing several million future agreements with China, India So is wrong with copyright as dollars per year.
and other countries far e are concerned? The three
My second specific erample concerns harc for its inadequacy are Three examp'as
Physics Abstracts, produced in London me ant quated copyright law of
by the Institution of Electncal Engi. 799. ch could not anticipate new T o be more specific about these de neers. This publication uses, verba. C ynlehnologies such as computer velopments let the give in some detail tirn, every abstract from every journal
and it mation systems, photo three examples, these are cases where published by AIP and its societies, ag and ricropublishing
AIP and society jurnals are repro Abstracts taken from AIP and society . de pa **n in the applications duced by others on an inclusive, cover. yournals represent large fraction oth tenues without regard for to cover basis. They conKern the pho more than 25% of the total numbers erot att protection and therefore, tocopying, for sale, of our journais by of journal abstracts in Physics Ab. thr ut recompense for lost subscnp the USSR, the copying of a ostracts by stracts
the Institution of Elecincal Engineers in recent times, increases in the istent. uncoordinated appli. in London for use in Physics Abstracts. amount of physics literature to be cov. Cat ATP and its sorteties of the and the reproduction of articles by the ered and in the unit cost of including ves and rights represented by the National Lending Library in England each abstract combined to force up the
for its customers in the UK. These subscription prices to Thysics Abstracts, Heel will be dealing with the sec. three examples are typical of the prob. the key FE wavice (now at $380 per and and land of these three points the lems we are beginning to face on n. any your compared to 512 per year in 1967). teadet referred elsewhered for several forts as massive operations threaten The result was ne virtual elimination of Gu ntum manes of the present to displace the roles of AIP and its so the individual physicist subscriber from € + cbt law and attempts at their re- cieties as publishers
the market for comprehensive abstracis Last year the USSR signed the 'nt services and the concentration of TEE on
vexul Copyright Convention effective institutional subscribers. On the other Ne copying technologies
27 May 1973), and one result has been hand. All's obligation to attempt to
that we nw have some detpils of the serve individual members with uselul Inden dual physicists have tradition. extent of over to ever photocopying abstract Mrvices continued ale aper ved of the rapid and wide of jumale on the Soviet Union. The In order to meet that obligation. AIP d annata of science information Cala in Table 1, provided by the has negotiated with IEE to supply AIP 3
a. ble by the photocipying of ISSR, show that some 15 A Pont so abstracta in compuier readable forn pomal a les Their attitude cwid (cry journals are currently being proant to be recomiensed equitably for the te r ed up as It's great, who cares tokopied and sold - every page of every Substantial savings accruing to IEE as a a nt *** francial and legal dets *** in*
u in in SSR. The number of result Port of the agreement would reT NB demphasis on easy copying Cycles of cach issue is run at an aver sul! in income to assist in the improve. and d m nation may have been ap age of 400, and sales are made at wilt. ment in secondary services of the sort purt a. ten years ago belere olter (ally set su'cnption pres lo l'SSR listin Tabie 2 and supplied by AIP 10 ugnia ant coraideration became as and east European customers. The individua': Thus the agreement would €* ansei, as they are togay. But we and tiral in ome aiP would have re. have financual as well as scientific im.
N ingnize that a means has to ceed had it uld t earins amounts plications and uld provide IEE with he arvad lor obtaining recompense to more than $UIA pe year.
liense l use of All copynghted ab. for the production costs of the journals. We have other data relating to com stracts Abstracts written by authors dop te he elusiveness and pervasive
and re.lesed by ed ors are just as much o f the new copying technologies, Jurnale made in the USSR but no de
Art of the journal article as are O' * *Ciety dues, member to tased information on the looks ny figures, tall and individual para
npan nia and page charges of lied papers, eittar photxe pied or gruphs, all of which are protected by p ****t. will have to increase, or the traited from our yural, thal we (pyrigh's journals and the societies will have to Kraw in sojne instances are being to
Welp thot negnt at tons with IEL stop the operations
de in quantities of about 300 cop. w!! lead to continued use of our Although AIP and its societies have expach.
althor produred abstracts together been actively developing techniques for With the signing of the Univət al
with some arrangements for sharing of acomp shing and stimulating we (pright Convention by the CSSR the fandisi netim from the instity. d r aliun of physics results, there there is some hope that can develop
tiona! #ple of
e condary ser. de en procent must be coupled with an equitable agreements with them cov. VI Trur Alto'd supportne de appuitate sharing of expenses by in ching.
velopmeni of this kind of service for its