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this is a principal form of compensation. Most poets do not make money from the publication of a collection of their verse in the hard cover edition. It is from the fees derived from nonexclusive licenses to a number of anthology publishers to reprint copies of these works.

John Dos Passos testified before the Senate that 20 percent or more of his income in the latter years of his life was derived from this source. Robert Frost, Carl Sandberg-many American poets-have earned a good portion of their income from these anthologies. These are published primarily to be used in schools, universities, and similar institutions.

I give you two current examples; the evidence is all around us. Just recently, a young lady named Joanna Kaplan published a book of short stories that received great critical acclaim. In an interview in the New York Post she said it took her, after writing the first short story, another 5 years to turn out the other stories in the collection, one of the reasons being the rest of the time she worked as a teacher of retarded children.

The only real income that an author like Miss Kaplan will derive from her work over the years are the fees that will be paid as that short story is duplicated in anthologies.

I have another clipping from a local newspaper up in Westchester about an author named Frank Rooney. “Since 1925," says Rooney, “I have been a fulltime writer. I have put in 40 hours a week.

"I have done that for 25 years." And he is most widely known for the much anthologized story, "The Cyclist” which his two sons and daugh. ter, much to their amusement, had to read in English class in Rye Meck High School-to their amusement and his small profit, I might add. It sold to the movies, it was named “The Wild One" and it was a motion picture by Marlon Brando.

Two simple examples of what this means in dollars and cents. What the educational exemption means, in a practical sense, is educators all over the country would be entitled to reproduce multiple copies of short stories. It could be these short stories as far as we know. because they have not defined the length of short stories for us. Short. shorter, or longer.

What it means is that the use of these works will replace the sale of those anthologies on which Mr. Rooney and Mr. Dos Passos, and other distinguished American authors, have relied to derive some kind of compensation from a lifetime of professional writing.

I should point out that the damaging effect will be the same whether the school or the school system reproduces these stories and puts then together in what is called an anthology, or whether they are reproduced one copy at a time. As far as profit motivation is concerned, I followed with interest, Mr. Pattison's colloquy with-I should not say friends; in this context we are not friends--my acquaintances in the earlier panel. I think it is useful to remember that everybody is motivated by profit to some extent. I cannot believe that the teachers who go on strike in a city school system, close down the schools, denying ac. cess to the students for 3 or 4 or 6 weeks, do not have some sense of profit motivation. They want to earn a reasonable living, and they are entitled to it.

On behalf of the Authors League, I take no position on teacher's strikes. As an individual, I do not dare to take a position because I do

not know how the members of this panel feel. My point is, teachers are pruit inotivated. It is nonsense for them to sit before you and make belove that they all go to work everyday for the sheer joy of it without exprting to be compensated. Of course they do, as do the rest of us.

All that authors are asking for is that you do not write into this lair exemptions which would seriously injure their right to derive some trasonable compensation for their work. You have been told that there Is an educational exemption based upon a “for profit"concept; that for wolne reason, those usry which are made by nonprofit institutions are exempt and thosely profit institutions are not

That is not true. It is not true because as your committee pointed out, It is clearly the law in the present act that there is no such thing as a nonprofit eremption for reprinting copies of library or musical works. Tv (opyright Oflice concluded that on the basis of a study which it made at your request, and you reaffirmed it in your rrport.

I would like to turn briefly to life and 30 years. I hope I am not us. in the word briefly" loosely.

The report of this committee recited findingre by the Register of Copyrighis that a life-plus-50 term on the average would add 20 years to the present 56 vears of copyright. It would not double it, as I gather alte Government agency told you. On the average it would add 20 Veam: in mome cases it would provide a shorter term than authors now prt for works published at the end of their careers, under the present

On the other hand, life plus 30 would drastically reluce the period of protection now available to unpubli-hed work and those published Jong after an author's death. I'nder our dual system of common law p**right, followed by statutory copyright. a 200. year old diary of a Resolutionary War bero, a 131) year old letter, or any unpublished Work -no matter how old.-relives another 30 years of protection un. der the primernt art after it is published.

Mark Twain's Letter From the Earth," pribli-heul derades after he w fute it, were given 56 years of copyright. The Memory of a ( War Remoter, written here in lahington (uring the war, wng hnt pull-hed in the 196014. They were proterted from the Civil War to the 1984 let common law, and then anotlır 50 years under the stratuite

For guineen her. I cannot understand how creational polaromon *ll there and tell you that replacing that stem by a term of life 30 vrarden (

74. It merrgit and expandlit enormously. liftsyran after the author's death, beriching he wrote will go into the public domain - poblished or unpulled and are not be

plete for historians, wholar, and other. Authon like Ernest Hemingway would no longer be able to provide for their families liye Ira! unponblisheri novels to be juwd vrars after their death.

Many authon have outlıved copyrigher. Find more important, muntar unable to provide for their immediate (

1l. tie their freewalcopyrightsexpire non after tır death. W ows of illu-trilis Apetan Buthor linie onthiveet their hukommels liv deles, and in ttet avaneinvear, the only ineone that partits she of the Wo*to live in diety and stullanır of comfort am the malt: fron goal work written by their hunde

LIBRARY REQUISITION FOR OUT-OF-PRINT COPYRIGHTED MONIC This form approved by Music Library Association (MLA"). Mode P: 11 hers' Association ("MPA") and National Music Publishers' Asemua (" VMPA"). TO

Date (Xame of publisber) We require, for library ise, the work(s) entitled:

1. Ir in print, please send us - - copies of the work(s) and will be

2. Il permanently out of print, please sign the duplicate of this form, w shall constitute permission by you to us to make or procure the making of copies of the work(s), but only on the following conditions :

(a) The copyright Intion shall be shown on all piex. (b) All copies whall be used for library use only.

(c) No rexurdiug use or performance for profit use or use oher than 1714 Uwhall be made of any copy unless such use shall be expresiy licensed by or an agent or organization acting on your behalf.

o for the right to copy pursuant to us : mission but not otherwise.

(e) We idol no not own a copying machine.

3. If any work referred to above is unpublished and availalle on loan ir please advise the terms and conditions of such loan. If not available to us, ringe innert an X here - - and return the duplicate of this forin to t4 prove you

4. If any work referred to alwe in bot in your catalog. pica lumer 13. here

and return the duplicate of this forın to us promptis. Very truly yours, Agreed to:

Xame of publisber)

(Xame of library) By - --- -- ----- -- --By

This form shonld be prepared in duplicate. Additional capien may be from UA or MPA, e Fifth Avenue, X.Y., X.1. 10017, 4ch Bw, or 406) i'ark Avenue, X. X. X. 1. 10012. Mr. KASTEN BETER. The next witness is Irwin Karp. {The prepared statement of Irwin Karp follows:)

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STATEMENT OF IRWIN KARP, Cor38EL, THE AUTHORS LAGET OF AMO Mr. Chairman, my name is Irwin Karp. I am counsel for the Authon leur America, the national »xirty of professional writer and dramatietThe 1-u ! 614) Meibery include authons of biographies, hentaries and non te ontw**** every subject, nosels, plays try, children' s Illal pulas, tai articles, textbooks and other works, Seieral als) write for a t f. ** telesinion and radio, And, of ourne, the works of many members are alla ! uer in these turdia. Copyrisht i matter of partoont (*. port for our 1: the full time professions and the wonin arkastelenor in . Be for their cotimisation a writer dej*.1 on lait (oprint it, a. ! ability to provide faxr tuta bindinte fumi in after death. I J **** the outset that want of our metnirs onn 1. aprigli* in the With ."*

My trstiniani Ilis I-v11111i addr*** two subjekt: ili the "F! ' 1.43 engin" pag1 to 1*Luis rute Ad Il Committee; aid ide !!! your suik xatni "u1 f re*** t 1 ( right terin progren 301 HR 1 the autivat li.

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PRIOR RESEX TIOX OF THE EDUCATIONAL EXEMPTION

As your (otnmittee's Report noted, members of the Ad Hoc Committee had treurted the insertion of a specific, limited exemption for educational copying**

to the Hevision Bill. 'The reasons why your committee and the Senate ('ommitfre refused the exemption are as valid today as they were when the Report was

Tour Repuirt stated that "photocopying and other reporuducing device were (14an'ly proliferating and becoming easier and cbrnjur to nep" (ns inded they bairl. It also noted the contentions of authors and polishers that "education is the tritt ok publisher's only market, and that many authors receive their main In vse from licensink reprints in anthologies and for ks: if an unlimited

er of te hers could prepare and reproduce their own anthologies, the runulative effect would be disastrous." (H. Rep. No. 3, p. 31).

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TIE (OXSTRI (TIVE 801 (T10XS ACHID BY THE SI MOMMITTEE

ar Rewirt noted that several productive nertings" were held between repro sputa!|1r of authors, publishers and educators, and that “while no final agree Drots were fracbed, the meetings were krberally NUCOPxsful in clarifying the

* and in pointing the way to constructive wolutions." These solutions were refleird in your committee's Report, and it is fair to my they were for a time atrast aorpted by the parties. The solutions were:

!) The ( ommittee's rejection of the "educational exemption", because "After Mileederation, the con inittee believes that a recibie riemption freeing certain regredo tions of copyrighted works for educational and scholarly purphs from

right control is not justified " " The cotnmittee's explicit affirmation that "any educational Unes that are fair tray would be fair use under the bill."

di Arendment of Sec. 304 (c) to insulate teachers from exc**nive liability for statutory damages

191 Amendment of Ner, 107 to indicate that fair une may include reproductions Ian or pboborerurds, and may be for such purposes as teaching, scholarship

in) A careful analysis by the Committee of the four criteria of fair use in The entert of typical destroom niuations arising furday * The (otu mittee noted hat although its analysis had to be broad and illustrative, it may provide

ature with the basis of establishing workable pararties and policies," app

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Afnally, the ('estnmittee was modest in characterizing its analysi. It is an ***Ruly clear and useful set of guidelines for educatum, aut lots and publishers. Mounter, the committee anals wis of fair use amply supported its judgment that

ile doinine of fair use is properly applied in brond enourh to suit reamitable mis'tal time, and eduration has muething to win in the elätt tiurtat of a bull *.telandes w taxt may now be a problematical sittintott **

Ile ( statusitire niso uredeluntors, mutta and publishers to join together 1 an urt to take a continuing wesenning nu te what onstitutos

wa'y airptafle fractir The Anthon luxue 14 wlllt.. ms it has stated 's te mit demn with duonton and publisher periudhnity to establish and P!** tra partja, to mll out workohle g athes of fair u This mnot be prio .

with the sair orkut mbide tald for wri«ie ***!* so that its partins peld reine dritte in die hit of changing wnitions

i en lite them to deal roamni mith cirent par le w1170! fear of

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its explicit examples and illustrations, is far more precise and instruct. teachers than the completely vague amendment offered by the Ad Hong

Actunlly the purpose of the amendment is to legalize uncomjna'da tional reproduction of copies that goes far beyond the limits of fair 08 privilege of making copies of portions of a work which are not susan.. .. proportion to its total size would be absolute, regardless of the cirrur ad the reproduction; although some of these would clearly involve 13.11.16**** under your Committee's analysis. Under the Amendment, many ci powin' produrrd on an organized basis, rather than by one teacher acting 06, Multiple copies could be reproduced for many individuals and cinuli'!**! the classroom. And most important, under the Amendment copies could love duced even though they had a serious adverse effect on the works for '. market or value, and pren though it would supplant soule jart of its fuum market. Moreover, the proped exemption would fermit puators anel 1**** ties to reproduce copies of entire short works. How dort is short W21 Joempimas long be fair Lame for eiucational reprinting? or 4 pagos? OT:12 Would the Amendment allow a story or article 5 pages long's, sert ! in multiple copies? or 10 pages? or 15 pase? Moreover, with fir eremption would allow educators to reproduce these copies under a var.** circumstances that would make them an infringement under your cus analysis of the four criteria of fair use.

We noted in our statement on library photocopying yesterday, aud : prerjous tatimony, many authors earn a major portion of their 164","

irencing the reprinting of poems, articles, short stories and furtions * ** work in anthologies, terflwkw, collections and similar buke. The num; stors may be reprinted in seiprul of these, and the accuibulation of a ve protince a modest income often the largest part of the income auto? valuable literary works earn from their writing. These antholoce and Lot ollertions are sold primarily to high schools, colleges and universities, r .* libraries and book stores. Their students are a primary audience for elut poets, essa pists and short story writers.

The propound educational eremption would allow polueators and instit'l'. ** to prono l og of An Author's short work and twortions of lot.rrr , !*38 di placink the sale of the anthologies teithks and other clientions t1 in Omar brought thrip works to educational institutione Manr anthon wv *** be deprived of a substantin) or major portion of their income, even though her works would still be widely be enantional andiena diesemnate 11 tineamupenetrelineational repution that far etrded the limits of life uthough the painotional spokesmen have said they do not intend to *ant. xize". It should be noted that the efforts are the game whether teral tot Works Are provide at one time between covers, or are procurd and distributed by the selleriatita )

THE WMIIAMS & WIKIVÅ DCISION

The Ad Hoc (ommittıp'excuse for reuerting the promption in the nel was that the Trial Judep. de'ision in Williams & W ine crote on vrai' * us to fnir ti. A. we there wintel ont, this was a ferible excuse fup 11*** * the cuttruitive utlets miled in your committre'prior rrjort. It **,'! * even fehler etrus nav, cunsidering the majority opinion in the fuld'** or (im. As your rart (ortuitly stated, fuir tu in tye of labourer a in ter instant e .n«l- on the four criterin *and the enter the **** hlar rem" Tropka in en). Tie trual judge aufined his firsten to thr! thu P. Niin tut the iure le reprintution of copie in niin Wh*** nx' "The facts for him are no popular to the rare !! *111** involving educatinin? pfying and her uw hleh pir ( 21.01 ****

derdin 'lins (tit ite p e 111*** dans of fair 11 VIPS tional in )! in the triel trt' intin (nt any denyhet in 11 Rewart's an sin of n '19** And there is in een twinfrar Ad Ilori ** tri. *** *tak menen ta 'red that ydek.

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