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SATIMIST on BuaL LINDE Y, ATTORNEY, VE YORK. S.Y. "! ("arman, I am Bella L Linden, partner in the law firm of Lindon and

- A Viu Jork City. I was counsel for many years for the Ameriana Trit. Bouch It?libers Institute (until its merger with the American Book Publishers !1!...] into the aviation knornas A Nociation of American Publishers), a piers of t'ie Patel of Exports appointed by the Register of (py rizlity to 1. brat of the Copyright Law, and a member of the Committee on

Den aid Tehnical Information ((OSATI) of the Federal (ounail for propard Telegrand (lrunn of the (ONATI sul, panel on right of # chalterized information systems. Jy firm represents Ilarcourt | *• yu Juranovih, Inc. and Jaciniilan, Inc. two of the five largest American pereny !!,prgl publishers. However, I appwar here today not on behalf of Macmillinn ** !!. 1 alrede, for solely on the ball of educational publishers. Rather, I am py it tlp li'erests of our system of eventivni author and publishing. T 'l' the sum total of the combined crentive efforts and investments un *** AT!!. and publishes of this country's educational materials T a ', mint is remt*tfully submitted in opunition to the proprial for a

*il morational exemption to the rights of authors and publishers established 14. II R**E t on ago, in your fornmitter's analysis of the doctrine of fair Sympas pa , in the Revision Bill and, in particular, its application to

* till and classroom us, your (ottimittariincluded that * a ***ie elem 1,-, in c ertain ripromluctions of copyrighted works for educational and stoly me from funghi control is not justifie" (HR Brilo, 3 p

T!' 1:19. * |'s rarings the Register of (ops richt* stated that your report "" ! ps. 1! the basic legislative explanation of the content of the Bill, and

in from which the rest surreding it in both Hotkes have all bren) ren...* Dyring the intervening far, the only relevant fact to have

y le the further proliferation of devlp for unauthorizei. inexpensive #frald dop'lantion, uap and transmission of ciprikleed works

Your ft.derwelrre still delating the request for the so-called "educational

HD, n o prerur, this dispute in base on pronomie Interestu. Author

... mer e, Iririnns, all must live on a budget I will certainly Pir it 17 ming with my fee aruire from of charge im *** no buren pago Depar, o it I nee tofnlly unnatural for **T* Of couri Al materials 1. $ • Urud for dopibention privileges Textmik budgets are extremely low, # *# ria national average to between two and the went of a

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omenal sean doing library and otber research, de!d trstitg and

Consulting. The authors of educational works are not highly publicized part, ties who write best sellers and appear on television talk shows. Juny art ticing teachers. Few become ricb as a result of their writings. To the ri!!! it is possible to describe a typical textbook author, he or she is a turmti. faculty of a highly regarded college or university, enjoys an excellent rj4*, & in his or her fieid, but is little known outside of it and counts on copyright: tummy for braces for the chiidreu's teeth, a second car for the family or a da. or a s year abroad or some similar expense. More often than not, rusait. edurational works are split between several authors.

By and large, it is the publisher who discerns educational needs, san'a: * and selects the author (or, more commonly, group of authors) to create the ***u! and materials to satisfy the requirements of schools and universities, and ** and supervise the planning, design and creation of the works, The 1. venture generally encompasses continuing review and evaluation by 1.!" tenebits and curriculum specialists, supervisors and consultants and dedi throughout the country. The role of the American educational publis**3'. and coordinato various functions of writing, artistic desian and te lank all..." in applied research, packaging, consulting and training as well as mabutis marketing and distribution.

Falucational materials today are commonly produced in sets or proget ** teriting various forms and media such as texts, teachers' manuuls or ilmuris, slides, sound recordings, curs, charts, puzzles, instructi duplicaring masters, transparencie, testing materials and the like nilai-. the programs frequently rrpresent the entire range of literary unlilled 1114 tations, non tiction, prose, poeiry, music and drama. It is not at all list * for an educational publisher to iniest more than one million d * II development costs alone for the creation of a program which will tak bir ten years to reach the market and another three to five years to gain any ." and pron kiu to pay of the investment. In the case of one pitbull)? junior high school science program with which I am familiar, a total of 1*: sear plandtween the line the program was coneived and the first tellem were putished. The program virtually resolutionized the format and col"!! fletuentary m onience books. The effort and investments of autin .desi" (ational pubii-bers do not stop upon publication, as subsequent editions and tinually resined in light of feed-back from the Deld and changes in publicsta techniques

(atumonly, major portions of the expenses of educational publishing are attributable to payments made to other publishers and authors for the use I'm interation of portions of prior works in new programs. In the case of obe noitui e 13entary reading program, permissions fee paid by the pubil ber fimund $11), and, it is estimate1, cuinprixed more than 30.000 permisos grure The adıninistrative "burden" of clearing the permissions did not infail ti derlopment of the program.

We cannot emphasize often enough that many of the products of educa: coal publilinUch as trruti ***, tein, Worktun tets die Urdu **** enos ciondis atid other reference Works, are designed for use in pierre fashion rather than (uter-tanuver reading to priuit un.uthorized pets dulcation of righted works for the purps of teachingtatko ALI r arth is a request, in unnllese English, to permit the dential am munity to "Ilgse in on demand printing. on a daily basis of the p as fuprighted educational, Miettine and techniani Works which they to this and to circumvent fument to authors and publishers who are Larhrt ferch work in that same edukational cutan. u1.. in many Itt

titull pulli : exist apart frosin (her bueno The author ai pubblies of prich work are in a

tral and w* **Mind in

writer. For pluran urlt to prov **, edix aid di

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Irfl'ectual work product are the system of economic incentire to writers ** fided by cops right and the free enterprise publishing system which en.

P.: ** tulille outlets fue distriburion. Thus, authors are encouraged tiivisia their thoughts, and the views of an author which may be antithetical to se publisher for the considered by him to be unpublishable for erinomic, actire or other reasons ) may still receive exposure through publication

Il appard to the free storage (input) of cupsrighted materials in computer. 12. tfittuation systems the proper exemption would be in momplete deri

'n of the judgment of both Hotspus of ('ongTras expressed in the *** passage of a law establishing a National ('ommission on New Tech3. (se of copyrighted Works. One of the stated purposes of that 1. t. II.. als to study compile data on, and make recommendations to l'ongres Poplin "the riporuductio and 11se of copyrighted works of author lip ... in :D !on with automatic systems capable of storing, processing, retrieving. and transferring information ..."

Pa{wents of the ecurational exemption hare repeatedly emphasize their R!: alta' puruse and its relation to the public welfare. Of course educa. ! is in the public interest but under our sistem this interest is served Retrate and commercial enterprise which ruires a profit to survive. The * ! to this country's educational system, ducifer, matolars, and school

ten will be tnaterial tindrs the eponion of copyright which will trult PH:, the prva Pirinpotion This was fully rerugnin4d br Four Committee 1 *, after andering arguments for a piflc educnnal exemp *, intr.: bend fair use, it stated:

ile tulleet weible use of the multitude of technical devlope now available for potongit should be enetragu But, bearing in mind that the basic cun.

a l form of granting a rixhat protextion in the advanaement of learn. .24** ritratta alue) PYR11X that the point destritation of intotises trdelotip presents a serious danger" 111 R Rep. No. 43, at p. 31)

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No one here has ever spoken to the Congress that they a. insist that the Xerox equipment or ta pe equipment should be more to the nonprofit institutions gratis. What they have all insiste is that the intellectual material, without which the techno dissemination hardware would be relatively useless, should be gratis.

Again, I say with great sadness, we see awe and respect for tar..'. property, and we see less than respect for intellectual creativity, w.. in my view, may I suggest-and I am sure it is shared by all is the cultural and most valued part of the heritage.

I would also like to point out that what you are doing is not ria'.' ing a Williams & Wilkins case of past transgressions where the most is limited to one publisher and certain specific issues. You are in: asked to legi-late exemptions with respect to all future crea!. 1: You are being asked to suggest a system of modlifying the (n.' and packaging of intellectual information for the educationala research community. You are being asked there will be po "3"} premio disappearance of future creativity overnight. If von do! these educational exemptions, what you will have created is the time ual but inexorable erosion of the competitive entrepreneurial print tion of intellectual material for the education and revanh munity of this country at the very least.

One or two of you noted very aptly that the educational materia I will hand out somethat consist of 150 items in a children's na: program of all kinds of nonfiction, small portions included. I ! is the entire market for the educational producers and the little of material. I will not dwell on that point.

I would merely like to add that yes, as the educators have s . this morning, it is a question of budget. What they have reforma to is the intellectual property budget, which is or 3 percent, al .. most, of the entire school budget. They are not talking alwrit! teachers' salaries or carpeting or Xerox equipment. Ill times are la ing about in the minuscule proportion of the budget that goes: intollertual property.

With rent to the problems of fair use, may I su , .' all dun **intended. fair u , as I sat and listened to the difficulties of detining fair u-e', it occurred to me and I 13. dimript to this committee or to anyone in this room-iftix. Lord had promulgated the statement, love thy neighbor liuret. committee at the time of Genesis, vou vould still have people the clerining what love in, weking guidelines with respt to which is bons are intended to come under the stricture to love thy ne and there would be a rising claror for premiption of certain l. brorloons from the attent of the goxlari, kau- it . the public interrutto erpt those neghborhood.

Juvlw11gmunt in all rious , there is no precise langar ! statute of any kind that he puerwen promulgated that is 1:7 " to diferent interpretations. That is why, thank the Lord, there is

Begral profession, and thank the Lord that is why there are congresses, and that is why there is ongoing revision of statutes, just as the art of 17).

Mr. KA TEXMEIFR. I would point out if the bill before us had enn in effect at the time, and Ile had set it down already, the Lord Huld still have life plus 30).

M«, LINDEX. That is true. We also gave it to Mary Baker Eddy, If sourvall,

Jar I breat, furthermore, that fair use, like all other statutory Language, is *rptible to interpretation. We all know what love

! bolor means, whether we obey it or not. We all know what fa ls, and we all know what the four criteria are.

Jhay I also call to your attention that the bill now before you has a rien of compromimass of exemptions, which we have reluctantly

ir piled, baran-0115 is the era of compromise. This is the era where for have less reuert for private intellectual enterprise than they dei loe ratione ngo. Ile accept it. We are willing to live, survive, anil

n 's water it. Ile are asking for simval of the private inteilee. tuzlauthorship and publishing industry.

In conlu-on, may I say that if any of you would be good enough to look at my testimony giion before this very committee in 1963, op die in fit offer a claringhouse. We made the point then we Itske the point now we linie made it continually. We are agreeing Lot thu 20.rigl.t law is intended to grant the right of acres. We air Irrig that aries is the found ble of intellectual information and 2* trip alvole purpose of publishing and protinction of audional 11.arriale

Buat Ke are 1sing, under our form of government, and our phide recupolen of free dietination of computise ideas, we do not wish to end up in a decade or m) with a nationalized amational publemuning #;-and with limited author hp under that kind of a budget

I want to insluite iniy one statement - Vp we sympathize that the polo slots and librarians have problems balan ing their budgets. We " do, In me know that if any of its could only got for free that

sido se in o'ir pictyhase to pay for, we would find it a much mort prosla i to balanse our budget. May I snitthat the Ilirnars and for bilgets would not be balanivelat tlim prpens of this intelliti poprotesis much in fouential to their ongoing teachung prix tog

T!.. I d ont win the public welinir. 1:.:. Tont. Vr. kill . Thank you, J. Linden, for a very !!!!!

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