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on Education is an association of national and regional education or?!.12.2tions, and nearly 1.100 institutions of higher education.

He appuar before you because of our concern over the revision of the doctrine of fair use in relation to our function. Jay I draw to your attention, on page 2 of my statement, to the second paragraph; e note above the constitutional directive contained in artirle I, sers tion 8. clause 8, of Congress'concern in this area of assuring to authors and others the rights to their writings.

As the higher education community, we are the principal in-titution concerned in this society with the task of transmitting and advancing knowledge. It is for that use that we deem the problem of faire of copyrighted material as crucial to the discharge of this function.

As a classroom teacher with some 20 years experience in law coo's and departments of economics, I am here to asert to you that without the dortrine of fair use, adequately described in ihe statute, and supported by articulate legislative history, what we do would be greatly impeded without any derivative benefit to publishers and Outr%.

We use this material--and examples of our use suggests that the studenta, who are the ultimate consumers of our concern ateakers are no4, at the time that they are students, potential suberilin to t's jouruals for which protection is sought. Many of the journaliT! magazine, for example-recognize the students' status by offer. !! tent subscriptions. Many learned journals offer sulu spions. Ware only asking through the doctrine of fair use, as spearers

! wars, to advance knowledge by having made available to us, in the library contert, materials which our libraries do not have, no fratrip home good they are. The l'niversity of Minnesota has a 1 law library, but we do not have everything. On occasion it is las vary for me, if I am writing an article, to have information from ow.plaries. That is the main nub of our concern with the dortrine of fue u-e. We think it is crucial for the discharge of our teaching Blanch. We do not sae that it infringes on the economie rights Users

I draw your attention, on page 2, in the third paragraph, that we Allereely recognize that we do not seek to have reinoved from mpya 7.!! popiere.in bine material under the statute. We accept this postas a matter of principle and a matter of public policy and a !!!tes of f interest.sau vere, we recognize case law and I donw

v poleronerin, row, to the nort to the lave paragraph on payant ? -Piper !!.

Rair of rame {uw in this arra is not articulate, multifor Risulate, to deal with fair use and desi ribe it.

Terrfore, we urge that this revision proces produire a statutory
Horn of frie ne and it be described by locative history that

"te interpretation of it.
I went out to sout further. I will not made this statement; I will

smarte it and make me armilahla to pour questione.- that Cim!

.. '9. I print out on the worn of pigim ?, engineer on nisa mh mar 10 par Ald recognizing that, as parulure, our libraries do not have munte rrures and cannot bere atente pretirare frp arese library to have a total collection n! :'!!!enteral that is needed for teaching and warh.

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to the Fine Arts Council of Florida, to the Siouxland Arts Council of Shoux (+3. Iowa. Through Advocates for the Arts, ACA is concerned with all of the pro lems that affect artists, art institutions, and the general public's enjoy mea: artistic and cultural works.

ACA acts as a service agency for its members, providing information and as sistance to arts councils and arts organizations throughout the United States. d'A member organizations reflect all artistic disciplines and ACA speaks for the management and financial sides of the art world, as well as the creative azd innovative artists themselves. Finally, ACA's Advocates program speaks for the arts consumers--those who enjoy art, buy art, view art, and attend time perture ing arts--in short all who are concerned and affected by the cultural envirni of this country.

Advocates for the Arts, through factual and legal research, identifies ami in which action might have a material impact on the rights of arts institcto and individual artists, and areas in which public action might contriyete y the enhancement of the cultural life of the community. Advocates Inteods far act with respect to these areas through public education, drafting of den legislation and litigation. Advocates seeks to accomplish the sharpening of pub die consciousness of the way in which law affects our cultural life and deer mines the aesthetic character of our surroundings.

Advocates have identified several areas of immediate concern. One of thre areas relates to the economic rights of the creative artists. My statement to you today urges this Committee to take full coguizance of the signifiant adiet impact on the arts which would result from copyright legislation which fa. to place reasonable restrictions on the permissible scope of photocopying expuso right material

The recent conclusion of the United States Supreme Court case of Williams and Wilkins Company vs. The l’nited States where the Supreme Court by a four to four deadlock let stand a lower court decision permitting rather wide sprend photocopring of copyright works, makes more immediate the need for reasonable controls. Unfortunately, judging from the commentaries foll:26 the United States Supreme Court decision, institutions feel they have an mi panding license to make widespread photocopy use of copyright works. While ** do not beliere such license was necessarily created by the recent court decision it being limited to the specific facts presented, the climate is such that adby this committee is urgent and necessary.

We are concerned about the formulation of legislation which would formatie the concept of "fair use" so as to encourage wholesale library reproductia_d distribution of copyrighted works.

Those who create artistic works are necessarily threatened. Witbout copyright profertion against unauthorized distribution of photocopies of their created Works, creative artists can have no assurance of being paid for their efsets.

The language of HR 2203 (and S. 22 in the Senate) governing the "fair uw of copy nxhird material, if adopted, would be a major step toward the vole protection for originators and creators of work from excessive reproduction. ** heartily endorse the provisions of Section 10% and urge its adoption hs the 4th Congress. Any attempt to prode or undermine the limitatious on systematie production" of copyrighted works, will, in our opinion, greatly reduce the effe** tiveness of the eutire bill. We join the Authors league, and other internard parties, in urging the committee to resist any efforts to delete Section lung! irum HR 2003

Inforunately, the twential for barn to the creative artist from an overty Illerni potimusprinc provision is very real. I nder the law as developed by the Williams and Wilkins case, it appears that complete articles may be photo pred from a 1a cazine and distributed on a widespread basis without any royally pas. meut to the guy riebt o* urt. Heever, sikut ise limitatt-116, we are fram ful that lamtitutions will conclude 17 an artile from a scientific surnal can be potirodured and distributed.. why cannot a short story or a pwm from a literary mennine ninay be reprinded and distributed? Why not a mnscal 1: from a ****** of 13.Usra! snar** Indeed. why n i a photographie maaarine ut

mugabe anthology of art reported or librazohis? Why should ti e kupeler be intatted to hazai Des? Why d it not be permitted to reproduce the same jwem, short story, muss al 17mmitinn, pantograph, draning of lithograph from i naperback to or a barrieurer > Further. In the mind of the photos.set. It furtul spets to the of no sigui fiu anor that the literary or arustle work is extraceed

from a collection of works by a single poet, short story writer, composer, photogru; t.ep. painter, or lithographer, or from an anthology of works by many artists. In eilber ense, an entire creative work would seem to be just as subject as an entire article from a scientific journal to photocopying and mailing to members of the grueral public. Instead of coming to the library personally to borrow and mad the work, the library will give to the "borrower" a permanent personal copy.

However, the composer, poet and sbort story writer are directly economically dependent on royalty income, based on the sale of their works to those who desire permanent personal copies. The photographer, the painter, and the lithographer Je aiutarly reserve reproduction rights to ibeir work, and expect to be paid when they authorize reproduction by or for those who desire permanent personal cung

Il institutions will provide copies of specific works by creative artists upon theat, why should anybody buy the entire magazine or paperback or hardeuver bontaining that specific work? Necessarily, publishers will sell fewer manaHim and books, artists will receive lens royalty income, and their works will be #.de ay reprimused and distributed without authorization from them or compensature to them.

Alain, for emphasis, we are pot saying that the Williams and Wilkins esse Created barh a broad license. However, that decision was the Inst authoritative rol on the subject of photocopying and has, we are fearful, created an atmos plete of photocopy ink promiscuousness.

in summary, we bileve that an overly broad photocopying provision in the My right law would be inconsistent with the philosophy of the Constitutional Druskawa autborining Congres to secure for authors copyright protection in afunt to promote the progress of stence and useful arts." We therefore recommend that adequate controls be placed on widespread photowsing of copyrighted

ku mo that we retain the incentive for the creative artists to produce the art that is so necessary to the cultural environment of our country.

STATEMENT OF DR. Rar Woonry, I "PARTMENT OF CHEMISTRY, MONTANA STATE

I'S BLITT Erlend is a letter I roerived from the Mosby Publishing Company concerning IIR 23 and $ 22, in particular mations 107 and 104 "Hair " and Sabond #id labrary Photocopying." As an author, profesor, analytical chemist and gues of d'alleated evyright materials, I was very much ainrmed at the pot rt and Der er tat is being went to get an unworkable copyright law w Duplatina het 11 will eiy devome more numerous and available in the future and trying to jerr it capuying of material will serve more to create diure#[*4 for law tuvan 3.1 to fripre prople to buy books from publishers. If the publishers and

1 s chraser than they can be duplunted on the machines, b** prop dt should improve their efficiency, not forre people to buy their buks luge

T!to get a Dew copyright law pad 18 w we ra timurs, not to be able to duplicate a paragraph or a figure for class time went Buing through a blemiy portprinted release or retuunera!! #ystem would suinte education and rouranh in this country

In elemelse. I very strongly urge you to amend or discard stions 107 and Jon Ik mob and 82

THE V MNT (O,

8t Lumia, Wa, A ugual , 1975 1) RAY ALAN WOODRITT, Degerimento Armistry. Nalama ntate college, Hozeman, Vim.

1WOUNTY: Authors and editors are creative people: the manner in #. yeo un det lige and Information to inform others is truly are Be it to our explore that the creative talents desve to le presso 7e* (right law of 1:10 bas prouide this pupef** *1-**3 and 4: JE of rent ruutbextes when putounded hare emratantly he lært um rerwerp

at ferti.indern te vent of curing machine has made it ymslule to fragupe}4* Pira!' *******..'& in felt. Here time of them and train t*i!

le u Borontbelofte ator 119.911ght law of 110), the I nited Natrs lour of kerstin 18tary cremallera Arr rurrently studiing Coprigt! Irtina 11.: 11 BAN Arfiauf these identdeal bills will be taken aburtly.

31. 16. De

of particular concern to ns, and hopefully to you, are Sections 107 and 1 "Fair Use" and "School and Library Photocopying."

It is vir opinion that these sections of the proposed new law, as written, maar tect your creative efforts and our investment. These sections will prefrleet then activities of those who feel that anything in print may be copied and distrikt as the copier ses fit without the permission of, or compensation io, auibero! publiwher alike. We are strongly convinced that your creativity and our item". ment must be protected. The new law will provide this protection and yet al: wide information dissemination.

Well organized efforts are presently attempting to amend Sections 107 ard !*** Such amendments will not provide safeguards against photocopsing er popie outlined above. I am writing to ask your assistance in protecting what I telur te to be the correct position, one which truly serves everyone's hent inter

Attached is a list of House and Senate Judiciary Cornmittre menubers. I 13 ashing you to contact these committee members as well as your own toamna purons. Your message need not be lengthy, but should emphasize these te points:

1. Jeh time and effort are expended in producing manuscripts for post forget tion Sections 107 and 105 represent the result of delicate compromis working out by a number of groups, and if they are not tampared with, they will tupp? "fair use" needs of educators and librarians. If broadened to allow unouttrice and unrepricted use of copyrighted materials, they will disevurage aut dupa writers, and editors.

It is essential that we encourage, sustain, and reward the competitive loop play of ideas, If broader exemptions were to be added to Sertinus 107 and line Creative initiative would be stitled. The ultimate sufferer would like the intelles tunlaud imaginative life of the community.

In short, we believe Sections 107 and 108 of 11. R. 2223 and S. 22 should have adopted artthuut change!

I would appreciate receiving a copy of your letter. If you wish additional is formation, I will be happy to supply it be return mail. Witb ihanks and best wishes, I remain Cordialls,

JAMES B. Fixx, Ph.D.,

Senior I ice President.

Research and Dere lopmen. We will now stand adjourned.

[Whereupon, at 12:10 p.m., the subcommittee adjourned, to reconVene at 10a.m., Thursday, May 15, 1975.]

COPYRIGHT LAW REVISION

THURSDAY, MAY 15, 1975

HorsE OF R2.IREMENTATIVES,
SIHOMMITITE og (ourts, (ivi LIBERIES,

AND THE ADMINIATRATION OF JUSTICE
OF THE COMMITTEE ON THE JUDICIARY,

Washington, D.C.
T! ulommittee met, pursuant to call, at 10:10 a.m. in rooin,
Pribourn loue Office Building. lion. Robert W. Kantenmeier (chair-
ti isoftl.eubxommitter) presiding,

Print: Riprentatives Kastanmeier, Danielson, Drinan, l'atti19. Ruk, and Wiggins.

1 pent: Ilebent Fuchs and Bruce 1. Lehman, counsels; and 1:09.195 E. Mooney, asiate council.

Mr. KARINDIR. The committee will come to order for the purform of continuing the hearing on II.R. 2, on copyright law non

Tip (7.r wishes to express gratitude to the gentleman from (alifr...a, Mr. Danielson, who premided yesterday, while Vr. Wypoins and I were at the Rules Committee in connertion with getting a bull out of the sotmittee.

Aw, the Chair would like to say that it continues to be amazed at Bir qatolor interest in this question, an demontrated live the number al' trebali the bearing. I am sorry that everstody cannot be sated.

This morning, we are interested in the question of riucational u est er than public broadcasting. In this connection, we have divided t's mormung's time, more or irse, between advoates of eclucational 4 let us call them educators for the simple prompt and the Ots!.alf, by authors and publ:!r of materials i al by reluator

I wind in 1 print that the town on in wason; Trefully, we may In interrupted for a brief period of time - 11 or 1 minutes -e may luase to try for the purpose of making calls to the blouse for roten soll.rws. We apologies, but this is an ualcunstan', a. #itrine that all prevent will bear with us

11 110111! I sould like to find me as witness the following: Mr.Sicon Steinbach, aft connel, 1.2" ('on en dus 1...,cf. n. 1 low committee on Cups Low Ron: MILJ. Rand, profesor of inw, I'inserits of Mitta; and Tor Howard B. Ilteliene, exp'utise director, *1941on for Eua. tal comumentets and Travely: Robert Flewin, Petite

putarr, National Con il of Telan of Fr.:!: Mr. Harry X. Barnil, count Counter on (optik, lan Reunion .. potat:1, as I reall.extensely inhralin 10 years ago); an

M: Pin and Fritas, (onul kolloh, Sew Town, l'a.

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