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to the Fine Arts Council of Florida, to the Siouxland Arts Council of Sioux (ity. Iowa. Through Advocates for the Arts, ACA is concerned with all of the price lems that affect artists, art institutions, and the general public's enjoyment of artistic and cultural works.
ACA acts as a service agency for its members, providing information and 1 sistance to arts councils and arts organizations throughout the United States All member organizations reflect all artistic disciplines and ACA speaks for the management and financial sides of the art world, as well as the creative and innovative artists themselves. Finally, ACA's Advocates program spenks for the arts consumers those who enjoy art, buy art, view art, and attend the perforth ing arts--in short all who are concerned and affected by the cultural envirvarat of this country.
Adrocates for the Arts, through factual and legal research, identifies areas in which action might have a material impact on the rights of arts institution and individual artists, and areas in which public action might contribute to tbe enhancement of the cultural life of the coinmunity, Advocates intends to act with respect to these areas through public education, drafting of model legislation and litigation. Advocates seeks to accomplish the sharpening of pub lic consciousness of the way in wbich law affects our cultural life and drter mines the aesthetic character of our surroundings,
Advocates have identified several areas of immediate concern. One of the areas relates to the economic rights of the creative artists. Mis statement to 50 today urgte this Committee to take full cognizance of the significant adiet impact on the arts which would result from copyright legislation which tau. to place reasonable restrictions on the permissible scope of photocopying cog* right material.
The recent conclusion of the l'nited States Supreme Court case of Williams and Wilkins Company vs. The t'bited States where the Supreme Court by a tour to four deadlock let stand a lower court decision permitting rather side spread photocopying of copyright works, makes more immediate the bed lavt reasonable controls. Unfortunately, judging from the commentaries following the United States Supreme Court decision, institutions feel they have an el panding license to make widespread photocopy use of copyright works. While we do not believe such license was necessarily created by tbe recent court decided it being limited to the specific facts presented, the climate is such that action by this Committee is urgent and necessary,
We are concerned about the formulation of legislation which would formalise the concept of "fair use" so as to encourage wholesale library reproduction aid distribution of copyrighted works.
Those wbo create artistic works are nererrarily threatened. Without copyright protection against unauthorized distribution of photocopies of their ctrled works, creative artists can have no a'murance of being paid for their eft
The language of HR 2123 (and S. in the Senate) gorerning the fair us of copyrighted material, i adopted, would be a major step toward the erubutie protection for originators and creators of work from excesive reproduction. We beartily endorse the provisions of Section 10 and urge its adoption by the 9th Congress, Auy attempt to eroe or undermine the limitations on "systefiatie ir nroduction" of copyrighted works, will, in our opinion, kreatly redince tire en Usene of the entire bill. We join the Authors League, and other interested parties, in urging the committee to resist any effort to delete Section 10618! from HR 3.
l'nfortunatriy, the potential for harm to the creative artist from an overly 11eral photocopying provision is very real. I nder the Inw ax dereloped by the Williams and Wilkinsone, it appears that complete articles may be photowupied from a magazine and distributed a widespread ba is without any ruyaity par ment to the pricht in der. However, without Nixwise limitations, we are fear ful that institutions will concinde if an article from a scientine jonrnal on repw d and disribad. why cannot a short story of a pin from a literary magazine as the peppy and distributed? Why not a munien . 1! from a work of ti.ueral morpeme? Indeed, why not a plotorraphic ma knibe it a menine anthology of art reproductions or lithographix? Why should the per Dopo limited to manne? When d it not the printer to reproduce the ne I**, starrt wtor, nu mi smo!ion, photograph, drawing or lithograph from
fratriark up or a hanteer wok! Further, in the mind of the pbotonuler. It might ****com o no signifie ane that the literary or artistic work is extracted
Irrato a collection of works by a single poet, short story writer, composer, photog. na;!er, painter, or lithographer, or from an anthology of works by many artists In est bet case, 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 frueral public. Instead of coming to the library personally to borrow and had the work, the library will give to the "borrower" a permanent personal copy.
Huweier, the camper. poet and bort story writer are diretly economically drprodent on ruyalty income, based on the sale of their works to those who desire permanent personal coples. The photograpber, the painter, and the lithographer Jealowly reserve reproduction rights to their works and expect to be paid when Wary authorise reproduction by or for those who desire permanent personal
It institutions will provide copies of pine works by creative artists upon Ingestwhy should anybody buy the entire magazine or paperback or hardeufer
** containing that specific work? Vecessarily, publishers will will fewer magaL and , artists will revive less royalty income, and their works will be w des y reproduced and distributed without authorization from them or compensati o to them.
Analn, for emphasis, we are not saying that the Williams and Wilkins case anled such a broad license However, that decision was the Inst authoritative Vind on the subject of photopying and has we are fearful, created an atmosPetr ul photocopyink promiscuousnes
in summary, we believe that an overly broad photocopying provision in the es nikit law would be inconsistent with the philosophy of the (onstitutional Pf. autborining Coaxrrms to serure for author copyright protection in onet to prutpote the progress of science and useful arts." We therefore rerum mend that adequate controls the placed on wide prend photocypring of copyrighted
pku me that we retain the incentive for the creative artists to produce the art that is so berenary to the cultural environment of our country.
STATEMIST OR DE RAY WOODT, IMPARTMENT OF CHEMISTRY, MONTAXA STATE
1** DUITI Lacl ad l. letter I meelved from the Monty Publishing Company concerning IR 3 and 8 22, in particular sution 107 and la Fair I ," and "x bowl and Labrary Photo upying" As an author, profesor, analytical chemist and user of depirated right materials, I was very mth alarmed at the fort aud ory that is being went to get an unworkable copyright Inw pa Duplanting
lises will only ** ne more puberous and available in the future and trsing ta ririt ayink of material will serve more to create di rist for law than 1 .1 to form fple to buy laks from publishers. Ir the publishers annot
tre two mheajer than they can te dupa o ll. chilles t urom di shartiid itnprove their efeietcy. pot forie pople to buy their boks by
tain to get a trapyright law pwd Il m weru times, not to be able to duplicate a paragraph or a cure for class
1**"* in tarvugh a lesai) compilated release or trauner by art would witte edhention and rewarb in this muntry
In f ine. I very strongly urge you to amend or discard sections 107 and ja of 11 alds
TIF(" V W T (n.
81 Louia, Va, August 1991, I HAT ALAN Wwwm. freya towel ('Amiatry. V and aiate College, Hosemon, Mon.
1**I W ury: Authors and editors are creative lethe manner in A u
w leie and it formation to itfam enthers to truly a putere a . It is our opleve that threr errative talents done to the prot....1
( particnlar concern to us, and hopefully to you, are Sections 107 and female **Fair I've," and "School and Library Photocopying."
It is our opinion that these sections of the proposed new law, as written, fram tect your creative efforts and our investment. These wertions will rywatrict ! activities of those who feel that anything in print may be copied and distrit as the copier seex fit-Without the permission of, or compensation to, authors ! publisher alike. We are strongly convinced that your creativity and our inte ment must be protected. The new law will provide this protection and yet als wide information dissemination.
Well organized efforts are presently attempting to amend Sections 107 and ir Such amendments will not provide safeguards against photocopying prope ! outlined above. I am writing to ask your assistance in protecting what I believe to be the correct position, one which truly serves everyone's best interest.
Attached is a list of House and Senate Judiciary Committee members 1 19 ashing you to contact these Committee members as well as yonr own (ongre prk. Your inesnage need not be lengthy, but should einphasize thru tra points:
1. Juch time and effort are expended in producing manuscripts for po!::-. tjon. Nextions 107 and 108 represent the result of delicate compromis work out by a number of groups, and if they are not tampered with, they will math **fair use" needs of educators and librarians. If broadened to allow un atrod and unrestricted use of copyrighted materials, they will discourage authat, writers, and editors.
It is essential that we pronrage, sustain, and retard the compethirp letop nlar of ideas, II broader exemptions were to be added to Sections 10 and $** creative initiative would be stitted. The ultimate sutierer would be the intein tual and imaginative life of the community.
In short, we beliere Sections 107 and 109 of H R 2223 and S. 22 should adopted cithout change!
I wonld appreciate receiving a copy of your letter. If you wish additional is. formation, I will be happy to supply it by return mail With thanks and beri wishes, I remain Cordially,
JAVES B. Fixx, Ph. D..
Nenior l'ice Prendent,
Research and De relopment. We will now stand adjourned.
(Whereupon, at 12:10 p.m., the subcommittee adjournell, to reconvede at 10a.m., Thursday, May 15, 1975.)
COPYRIGHT LAW REVISION
THURSDAY, MAY 15, 1975
HOUSE OF RIRESENTATIVES,
AND THE IDYNINIRATION OF JUSTICE
Print: Reprintatives Kartunmeier, Danielson, Drinan, Pattisav. Rallgck, and Wigging.
11-c) purement: Ilarbeit Fuchs and Bruce ... Lehman, counsels; and T 11194 E. Mooney, a swiate counsel.
Mr. KAHIIN VII. The committee will come to order for the purpart of continuing the hearing on II.R. on copyright law ni..
Tie (air wintiproses to prprem gratitude to the gentleman from (ali. 11.0", 3, Jr. Danielson, who presided somerlay, while Mr. Wiggins and I merr at the Rules ('ommittee in connection with getting a bail out of
ilmen, the Chair would like to say that it continues to be amazed at tips puble interest in this question, as demonstrated by the number al'.!.n the hearing. I am sorry that everxiv cannot be entendi.
The morning, we are interrated in the question of tlucational 112, Ponte drop than public broadcasting. In this connertion, we have disided I tommi.g's time, mort or iron, belkeen advokates of eclucational Uw let us call them educators for the simples prp . and the Biarla!1, by author and publishers of material lonil boy estucator
nimic ! L' Erome that the loures in an aon; regretfully, we may Ix interrupted for a brief period of time - 10 or 1 minutes -May lain to prepare for the purpose of making calls to the Ilone for yote 'n Onderw... We apologire, but this is an u dal "1111111an,r, a::
!nu that all prosent will bear with us.
1 : liorhinĽ I would liar to lan prot no watter the following: Mrljeleden Sternbih, staff corinel, Imep: an (oll.] on even 1.,.q1. 1. A llow Comutter on (ops.. L* Resduot; 1. La J. Ra1941. professor of Inn, I'msrin Mintara; and lor lioward B. Il talens, Pirrutis darrtor, 7711011 for Hauka. tal (ofnundinions and Tel!!! : Roslit Flirsin, inutile
tutary, National Cornel of Ton!! of Fi.!: Mr. Harry X. Pornofil, conn .dll (ommittee on (optimal Law Resin ..
booteid , a. I reall.rranesrly in hearing 1 rarau; Anel Mr. Harari Fiat (ontwil kiek l y kwol, New Town. Pa
He is accompanied by Dr. Harold Wigren, on behalf of the Nationa! Education Association--and Dr. Wigren is remembered for his testi. mony 10 years ago, in more or less the same field.
Gentlemen, you are all welcome. May I, therefore, ask Mr. Steinbach to proceed first. TESTIMONY OF SHELDON E. STEINBACH, STAFF COUNSEL, AMERI.
CAN COUNCIL ON EDUCATION; CHAIRMAN, AD HOC COMMITTEE ON COPYRIGHT LAW REVISION
Mr. STEINBACH. Mr. Chairman, members of the subcommittee, I am Sheldon Elliot Steinbach, staff counsel and assistant director of gor. ernmental relations of the American Council on Education. I appear before you today, however, representing the Ad Hoc Committee of Education Organizations on Copyright Law Revision, a consortium covering a wide spectrum of 39 organizations within the educational community with interest in the revision of the copyright law. Most especially, we represent the interests of teachers, professors, schon and college administrators, subject matter specialists, educational broadcasters, librarians, and indirectly, students themselves. A list of our members is attached to this statement. In addition, we support the testimony given by the library associations yesterday. These groups are also members of the ad hoc committee.
Our testimony today will be presented by four individuals repre. senting several organizations within the ad hoc committee. Althoug! there is a fundamental ad hoc position, the interests of each constituent group varies, and as such, they will emphasize in their testimony today those matters of greatest concern to them. Furthermore, each group under the ad hoc umbrella has reserved the right to determine its own posture with regard to particular issues.
[List of members follows:]
AD HOC COMMITTEE ON COPYRIGHT LAW REVISION
Agency for Instructional Television.
A ntion of (ommunity and Junior Colleges
AMwinjon from yd'stlonal Comunications and Technology. A ntin of Rerrorch Libraries. Ritmare Connty & liens (otitnifon fix Public Broadeneting. ("0"N 11 »n Linarr Rosotr . International Res!!# 4 Wintlon. J..", Conne11 on E n!! nal Teleryamunkations, Inc.
Merr TangP A NEW114,