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(C) This legislation further reduces accessibility now permited through the nonrenewal of copyrights after 20 years. It does this by eliminating the renewal requirement and by providing for duration of life plus 50 years. This is a curtailment of education's present nga of access because it unduly extends copyright monopoly from yra plus a 28-year renewal period to approximately 75 years. Copi.3.6 Office records show that approximately 85 percent of copyrigt.eu works have not been renewed after the initial 28-year period, but tusse passed instead into the public domain. The unwarranted extensiot of copyright in II.R. 2:23 would protect the author's or creator's iet in more than it would the author or creator himself or herself. We & therefore, why the principle of free access to information so esse.de to a free society should be sacrificed, especially when the author of creator himself or herself has not seen fit to renew the copyright. Jany teachers who are also authors tell us that they are as much-orpora more--interested in seeing their works used and their ideas di-wellinated as they are in receiving remuneration each time their works are used. The profit motive is not the only motive that prompts an autism or other creator to produce. There is also the satisfaction that from getting one's ideas into the open for discussion and debate, with the hope of finally seeing them adopted and thereby creating a buitis life for others who follow.

In summary, the NE.I will not be able to support a bill underas it (1) retains and clarities an overall not-for-protit concept for elkational, scholarly, and research uses and copying, whether courluda a limited educational exemption or in some other suitable comptel

.: sive form; (2) clarifies the meaning of fair use as applied to tra ipna and learners; and (3) shifts the burden of proof from the teacher to the alleger of the infringement.

NEA therefore urges the adoption of language by this conth tips that encoma-s the above-statel concepts and makes copyright form meaningful for the teachers, scholars, researchers, authors, a: publishers n ho create, transmit, and perpetuate our heritage for fun

nerations

Mr. Chairman, I would like to submit for the record the al h* committee's propinal on the exemption.

Vir. KA NR. Without objection, that proposal will be remise a wema de part of the record

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111 A method of recording retrieral of the stored information is established #' the time of reproduction for storage, and

"!) The rules otherwise applicable under law to copyrighted works shall sity to inforintion retrieved from such systems;

tri Rerording and retransmission of broadcasts within five school days after fix mecorded broadcast: provided that such recording is immediately destroyed apet Kach 5-day period and that such retransmission is limited to immediate Noring in bools and collegen. Protided that portion" shall not include works which are

1a) Uriginally cutsumable upon use, such as workbook esercises, problems, orsatdirdixed texts and the answer sheets for such texts;

"") I sd for the purpose of compilation within the provisions of sertion 13a).

Mr. SILINACH. I would neat like to introduce Dr. lIoward B. 11.telen, einutive director, Association for Educational Commu1.2 *atsons and Technology.

I ne prepared statement of Howard B. Hitchens follows:] STATI MINT or How D B ITALNs, Emut The DIRUA TOR. ASSIM LATION TUR

EDL (AT103AL Codul SIATION & TECHI VOLAN; Y Te A-* 'latfot for Educational Communications and Technology tips wents stor the sand ancators whose prrofessional evilmitment is directe al full fe« { "pobe

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[H.R. 2223) COPYRIGHT LAW REVISION: A Position PAPER BY THE ASSOCIATION !

EOCCATIONAL COMMUNICATIONS AND TECH SOLOGY The members of the Association for Educational Communications and The nology (AECT) believe that technology is an integral part of the train learning process and helps to maximize the outcomes of interaction lettere teacher and pupil.

Regulations governing United States Copyright were originally developed to promote the public welfare and encourage authorship by giring auttime reriain controls over their work. It follows that revisions in Title 17 of the l'nited States Code (Copyrights) should maintain the bala pce between por viding for the compensation of authors and insuring that information ppt1.** arailable to the public. Some of the revisions proposed in 8. 22 and H.R. 23 lose sight of this balance between user and producer.

AECT endorses the criteria to be used in the determination of "fair use" as contained in Section 107 of the proposed bill:

Section 107. Limitations on exclusive rights : Fair use

**• the fair use of a copyrighted work, including such use br repen duction in copies or phonorecords, or by any other means specified by 4 Section 106), for purposes such as criticism, comment, news reporte scholarship, or research, is not an infringement of copyright. In ute mining whether the use made of a work in any particular case is fair use the factors to be considered shall include:

(1) The purpose and character of the use;
(2) The nature of the copyrighted work:

(3) The amount and substantiality of the portion used in relation to the copsrighted work as a whole: and

(4) The fiect of the use upon the potential market for or value of the ponpyrighted work. However, we propose that the concept of "fair use" kould apply equally the classroom teacher and media professional--including sperialists in audiovina and library resouros. Media personnel are becoming increasingly imposiaat ILBurrs of educational planning team, and must have the ansurance that they ar

İN CA room teachers in the selection of daily instructional materiais as wä as with long range curriculum development. Classroom teachers do not always oferate **Indiridually and at their own volition." The fact that the media in Tessional make up of advance planning and has knowledge aforetour!! of: materinis die prepares for the teacher sluuid not invalidate the applicatio!! "fair uxe" principle.

Copeerning the use of copyrighted works in conjunction with television, AFAT pripeve that "fair use" as it has been outlined above, sherid apply to etica facial intructial broadcast or cle-circuit tran-mission in a bol-bruit els cationalitattutíou, but not to coumercial broadcasting.

Opp the doctrine of "fair use" has been extablished in the revised law, Desa tions should b* conducted between the proprietor and user prior to any time of cupriztinal materials that goes beyond that dortrine. We beleve that the eartment of the fair unt" contpt into law prior to negotiations will guard again! Prison of the cyberpt. Generally, a reasonable fee should be paid for uur that go {$d "fair use" but surb fee arrangruent should not delay or imate the timp of the materials. Pruducers are orged to give free access (no-cint coul rastai w debrier puble.

We agrip with the Ad Hoc Committee of Educational Organizations and Ins": futons on Cyright law Revision that duration of copisnight should pruik for an initial period of twenty+izht fear, pulled by a renewal preto forty right years, whereas the premmed bi s*ts duration at the freedte authet pille fifty years." It seems tramonal.de that provisions should be draaiform summit Charme materials which the per right holder has no interest in protecting at**11.f initial tend to jwasy into the phile devrain

Rrzanting the trupat of cutivriel.la materials loto con.p*rr* or whep stonde dereva hiyo forespit edftremtisopal Irutitution, we agree with the Ad He('18 mitire tudi lebdi should really state that tintil the properd aational i sjes on New Techneeglind I'm* of copyrighted works has eumpleted 1t* **vs. web input sound but be ernsidered it.fringement The poweet but states tohy that “... f Herttoo 117) dies nok afford to the onder of ons right in a work any

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ryter of leeure rights with respect to the use of tbe work in conjunction with

ivalix *) em ..." Å Dew Perright law that both users and producers can view as aulable Heimess on *r* mutual understanding of each other's needs and the ability to er'** y work out the differences. We will partietpate in the continuing dialogue 5.'! ! Estucational Media Producers Council and similar interest groups to po'," tutun!! t arreptabie guidelines regarding the boundaries of "fair use."

ba!e fers to be prald for uses beyond "fair use." This dialogue wil le **y infortant in the area of storage, retrieval, and or transmission of r#'11 d'in' the time juriod prior to the instance of the report of the !!! ('n to Inson on Sew Technological l'ers of copyrighted World.

Hefsel!! at the abure module ations of S. m and I1 713 are bereded to inquire !!.!!?? Tv.and law ***i*t* rather than hindern le*debets and media swialists

(1.947.1 op cuiberon with fair nem is that in studying the legislative intory of irode fair up do* dit wein to apply equally to media professionals as tots ! Ilur previous House and Senate reports identify "montaneity" of the Us -* n 1mm panni determinant as to whether a te is fuir or not. Fair use

of 10 a 15 ***** traher who "acting in ditidually and at hienos metus Remite or their cofiles for teens vorary in by himself or his lin in the

Horier, dan mem teachers do not alwars act individually or at 1. P.11Tare frently n**isted by media profess100 sliht'

"; mu's wirktional waterials as well as long range currin 'l.In die
;":0, 11e fart that a mia professional is frequently not classifi IN A
n tek!p** and !* surtnerimis rien en werd as 'administration** should

p" from 111, 11:'),k* hinile in the interefinal poroup** We are mul my to any rohia borosind four wa“ be extended to m.a profissionais, 'AEAT be allowed as much trudom as other education professionals,

proof Wosphaltige with those integrated in this problein and will promenit .'"*\$*'18. te tot* silwommittee in the near future.

KP kist the etiactinent of retuon lui with sukcested changes, tv: ? l! It will to saler !!* dwilt dilemma fare by media professionals. ir '«?* ad librarians, ALDIOVISUALINTRITION, a ta guaine priblished

4****, features a monthly column entitied "top takit Loant that melna*r the confusion over the burunis of fair use. The autumn irrat omsta arrattain feature wpyright questions wed by readers with nastere

28" by oupy right time tually including at least one duontur toute 1! *.RT A you can we from the examples, there are frequently as many at me. : 185.888. u 19 es there are espre right exports

Toke " fulles ing question from the Notenber 1974 fasue of Audietisat ter:

Uweatum Two trackers in this district are preparing auto tutorial packages file n'h grade any unit Ivey found nie gebetures they need to color

#dta de distrikt. They want to make slide color of the five frames, Tee of each side is required. Would this to a viatjvt of the copyright

Tiete are two pinions as to the lexality of the actlon furrelded in the article. sean refutot, the other brg a representative of the proaspra The edukator tutte leation citad mas he beyind fair une letne more than one copy ** Re made and the fupi ing would be done by Steune the media popusfps.

* 60ef than a cia sate-153 fimiler '17.r print24 ers' rrje se 1:!alise states 1:4! tenia mould fail within alr tee *

A. I due salise the enacine not of pret: 107*!!!, f Spot | rooi pe o 1.19 :* flur guide its prurited in that prov it is still ditt for detre.

?gBu fair use and what is it And if n'y ref13. ne pristopte efter "" pup: [***] 1. fnir avrei foris that tmp'le' nos pont ! * 5,0 in order to remain wafely within the lines of the law. faow down be * p$ *remben from a publisher or power to ter the material

Pu! ****. * pt peoprighted thaiprials lerarrab'a beixar fr*, se s',9 teda piltieme funt redo atvin An a'lo artist,

As It Art Instructivas kurš puno bat Ask..jusi 11!!. • Tweet 1974) demirates the populatie of bl.1. t. 86.4 Vol.*** ** 4:e finesterasa pu***hure Ipod a "pritai 1 #m Dry Food!!.ent of slegrir.g je vezane mjeter per les of puritate, qernted Crna tly this wild ble i mire fit an ma'rifler kas ta eart of your marr trip fwriutslet ratt.er than try.. to deal *.*

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numerous producers all with different procedures. But even a clearing)-5€ arrangement will still result in much time spent in waiting for reps

We feel this delay, even if it is only (ideally) a week or so, mielt for de mental to the teaching/learning process. It doesn't allow the educativa in sional to take advantage of the “teachable moment." For example, on the w following a speech by a noted individual, a teacher may want to sing !!!! of the speech that appears in the local paper for reproduction and dinni to a speech class for critique. Clearly, if the teacher bad to wait niri di Breas for permission to use the text, the impact of involving students in ceram! erents would be lout. So in many instances, some means other than a cotdi. house must be used.

AECT has spent many hours working with producers in an atten.put sek out guidelines that would assist educators in upholding the copsrik. We have come increasingly to the conclusion that the best means of the problem is by developing voluntary licensing agreements bette: 1) d' and producers. Such agreements wouid allow a pre-determined alueuts: 7 ing, kind of copying, or maybe even unlimited copying either for no cli*** for a pre-determined fre. Such an agreement wouid set the bes of mat use in advance and would also allow educators to take advantage of ile "tra. able moment."

We are not asking you, the Congress, to legislate a licensing acreet. 1: would be almost impossible to include every pusmible type of ne***977 az ment in legislation. We think we as educators must take the results": work with producers of materials to develop such agreemrut, JECT Le! and will continue to ha re dialogue with producers of materials in an att to satisfy the net d« of both groups Wp are asking only stofwirt and ena"*** ment from the Congress to both sides to sit down and develop lenovo.co

The AEOT position which has been presented in this testimony las les sol Terrived hy baith educators and materials producers. Representatives (up to these conmunities viewed the position as a realistic step toward rtist !! Unue of dutining the limits of fair use. The siatement is viewed by D. of each group as offering protection to educators that is not otirnite to the pruucers.

We think the incorporation of the AEOT ponition into HR. 3 s'd* legislative history is pasential to the development of a new copyright :* that is equitable to educators and creators of materiais alike.

I wish to thank the subcommittee for this opportunity to present o'r 1}**** I only hope we can impress upon you that we are as cobermuid as you are ! the necessity for a new copyright law that will allow us as quention for fr sionals to eontinue the improvement of education through the appoidessa Dew technology and communications. [Re, rioted frum Audiovisual Instructor posted to the Assata ke Esa" :-!

Copilaide tais ir attie atid Tp woude 53. vieti, ker initi

agreements,

(OPYRIGHT TODAY

By Jerome K. Miller) This column is open to a'l readers of Audutisnal Instruction St-*** *** and questions alwut copricht which are of general input will be in it feel au ce permis. The identity of tudsals Anfiring qurifone to t.. cuintan will be held in the stripped out the same, Pine mel. a'! 1.8-98* |rs and question to desobe K. Maits, (sarmine, AET Cupriglit (ution *** mo Adams (irre, ... R, B viider, fourado 33. It is impurest le for the editor to remind directly to quest100 aut coyriiki.

CUPXIIIT ILL IN THE SATE Proevallig ein lleratteo of the Copyright Rerinton Bill 181381) by the fu!! Serup, it was onder and appre lug trip gauna's Judiciary and commerce Costaite* The rump's from tip Cod. rvolite's in kpt. #93 M3 fr vos. {be Judiciary (ortaittee, and *. Rep. #113 116 from the verre (otita"!p)

Jor K Viller le assistant prutent of instructional re Central og Stri

REE 5.0urg fie in curteates or leave to sto se dr.ral des atta talversity of Coluta disa

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