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Section 802 requires the Register of Copyrights to give notice on July 1 1975 of procedenciamento review royally rates prescribed by Sections 111, 114 and 115 During the year 1982 and every stus thereafter, petitions for adjustment of the rates may be lied.

Section 803 If the Register of Copyrights determines that there is a controversy on 24" tees or gives notice of significant interest of a petition under Section 802 ne shareQues

*** Arbitration Association to submit three names to which otjections can be filed it neute' It will constitute a panel of the Inbunal to function as the Inbunal 11 ob,ections to me be * * appeai to ihe Courts Three arbitrators unskilled in this area will etleciuasiy contiu fetes": #!

founded, additional narres shall be requested and the Tribunal then construieu Tree $*

14* ***son and treat Chine copyright owner has been paid, has no bearing on whet 20 CATV Serv.ces keeps the copyright owner honest by delivering the signa

1.5°C**.ch he has been paid. In February 1965, in my remarks before r: Son Society. I stated.

At present time a sponsor who buys a program usually pays the ***** C*ner lor one performance over one or more stations. The sponKy the CCCyright owner, directly or indirectly, for tickets to the show to every ne****the Grade B contour of the stations televising it and as **** animal camou! as it can be received. This cost is passed on to the en eveneen the purchase pnce of the product. ****** ctact recognized in the Sixth Report and Order, however, that we kage mancniy 90% of the locations in the Gade A contour receive rect sa 50"s of the time, and within the grade B contour only *** ndihe tocan ons receive an adequate signal 50% of the time. I will Brothy mange sponsors paying for a program think they are getting a ground in the of the locations 100% of the time, but that just isn't so, me she copyright owner is probably collecting for 100% of the

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Section 806 provides for a report of a Thounal decision to the Senate and House * provides that if ether House resolution within 90 days. does not avor the des effective. Il no resolution of disapproval is passed, ine Inbunal decision shiaDeci, '

Section 809 does not provide for any judicial review of the Tobunals decisions are estar

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SUMMARY In orier Section 106 makes cable television systems when partnering assign fully hable as an intringer when distributing copyrighted per grams on sigrastere stations Exceptions frem habu'y are provided for master arteana tangan, umiron and her carriers and nonprofit co-cps CATV is given a cumpw:sotycense : and other sigrals authorized by the FCC

Nevertheless, it is an intnngement of carriage of a signalin permisos in. ter $?**, af frugesterone shot filed with the (!l.ce of Copyright Its pery

v copyright protection and penalties both civil criminal and injunctive to the broadcaster i CAT accident or otherwise fails to nonduplicate a network or syndicated signal windy Se a not permitted by the FCC ruies. In adj! on (verite at ang say !! uress ileared by the owner of the copynght QUERY May the beaucas e CP# *, - ** nut - ne can only sue

A sliding scale of across-the-board tees is prescribed on baer serve #th the Office of Copyright quartery A near, ng wride menin 9.5C i

Whatever Ira ****** ini, the sujective idea of the three itd.!!*!; 15 # Crewall un u sas?" of Congress there is no Court appeal to jest wherner the record suns tre anni

"A nasce unity anipana television system within the Grade B contour

a to spengor in getting his moneys worth from the copyright anche ***** Dy assuning the sponsor that anyone who desires the *BC*.* 'Ceariy, and thus increase the potential audience. Cer

wers are not sat stied with this. They collect from the Hur vers nos cost from the public and they would like to collect

peratce who must also pass his cost on to the public. trenger dues mco seem night to me for the public to have to pay py!, the same performance

.

the rales to be paid to insure a reasonable rcva ty tee

Stif civil and chimnai Denalties are pruxided for intancerer's Brastes treated as a benetical owner within their iocal service area tor purposes at ingerung am thirderent

yey Trollu, ont pour Pamplonline Tituna' ses Arr:Sly The name [**!!:!1!!! dest", "get

******** bhith an af every five years pluier is a Sweet 74 Sitiat..e tunay fee

mary"** *y kruhegge since that time to refute this argument.

datoere ating to the question of "profits”. Although early figure
+ + SOC were not published it is significant that the television in
*by the FCC, to have had revenues of $323,266,000 and ex
-Borrer nec that 604 VHF and UHF stations expended 218.
sa cam se spring for a total of $283.015,000. The three networks

#anse ograms obtained from others; $3.128,000 for re
sie Iringa, Soutpanse 'ees and $75,467,000 for other performances
****5*15 est rate the actual copyright tees received beca

***** Bright. It is obvious, however, that because of te
* C***** DCOE Shted lare on television, have made huge

er retro 5C markets) from that exposure and have been
badraser 'o' programs dedicated to serve that same p

2009 Danies. M. Krim spoke of in 1965 and a few othe
**** schon ote duplicate copyright tees from the public
aport and these companies are entitled to "a piece of the action
. Semonstrate conclusively that the copyright owner giants (1) by vis

****Gernment 'o transport their product to the pub
Car jo O $15.000 a mile for their channels of commu

Facts, frrec doute tees from a reception service for
ress *c dominate this area should certainly be required ic
******* So the public domain for what are obviously huge pi

ay vary programs it siphans from broadcast television, tree cast the broadcasters would have the copyright owner

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III - THE PUBLIC SHOULD NOT PAY A COPYRIGHT FEE VIA CATV

eartnatre Hegister of C Dyns makes N:s *, 'e caset. CAP: $ held!! A *es is sutsties axes a profit agawe same **** damage

Sobre Lot 1. *** *** se ass
Telepromp Ter Corp, CBS Inc

18
*** "

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e na beween communications policy and any copyright law in W ramhar Cronany signal it is authorized to receive and dist

Os Corts $s.cn Olwen secune communications Act to empower the Commission to reg ********* $$10* tegu ees as a condition of receiving and carriage

** Av $u$ , carry alloca sigrals. The definition of local 122 mm were the system s located. Nevertheless, the Commission *** Serang mas and permits the carriage of others. Such regu #compte spr ce to make the commission's allocations of tregu *** sed seed CATV Systems must comply with those carria

1

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650

Ad Hoc COMMITTEE
OF CONCERNED (ABLE TELEVISION OPERATORS

FOR A FAIR COPYRIGHT LAW,

Painted Post, N.Y., June 10,1 LIR Abus (opyright Revision Legislation-Cable Televis 1. By: W KASTES BEJER,

na uuwittee on ('ourts, Civil Liberties, and the Administrat **1'. r dosary Committee, House of Representatives, Washington All NERAMAN KANTE MLIER : The Ad Hoc Committee of Concerned **Ta'. ** For a Fair Coptright Law is enclosing herewith

Po trends on the current Ilearings on the above-referenced i

***24sqp and Regional cable television associations that have a

find the payment of copyright fees by cable television si Lipum oftention passed by 53 municipalities in the United States *** et rapsriklit seps by CATV systems and indirectly the .na gore usage at happens to view their television on CATV systems.

**** to it that no municipalities in the United States have Pavlik (ATV systems pay copyright. It would obviously not be

de base the cost of the copyright fees will be passed or 1:19 timers Obriously they know it would not be popular de pasti a position. This special interest legislation w

Altran constimer to pay special copyright fees for v
::"al has advertiments attached to it. Such "pork barrel"

Pya' in the public interest.
:17, tuff that to date 22 states have officially adopted resolutions

POP Troprietat fer lig CATV systems. CATV operators are
*** artefina serriet". As such, CATV operators do not und
timp ex you infrapuright. Howerer, as CATV operators become mo

that they will have to pay copyright fees in the immediate fi
his limites through, they are putting pressure on ind

* to uffie ially adopt positions against the payment of coj
Pin this are for the payment of copyright are the large i

ITV pratos that control the National Cable Televisio

fust for that the Federal Communications Commissi "...dengafpude lexislation in our industry if this copyright

llegiat it simuld he settled. But we also feel that to a
**'. we fel is fundamentally immoral and anti-consume

15 of action.
p*W*: l'att mittee will consider in its deliberations on the p

, 18 trip at Pung feeling of the municipalities that voted

The proposed legislation would compel CATV to pay copynght owners for gistre carrying their copynghted works. The broadcaster has the night to pick and choose the web he will buy and broadcast Congress should set the record straight. If the Commiss0,95 power to require carriage of particular signals by CATV, than CATV is a suppiersanta recome here performs nothing, and owes nothing if it is desired to require copyngni payment by CA'ning Supplemental role then CATV should be entitled to carry whatever programs ? des " See *** vertising and substitute its own The broadcaster should not be permitted to have 1 Duc* want ! additional revenue from sponsors for the added carriage of CATV and require CATV 1C CC27**et In short, the broadcaster is arguing for the morality of unjust enrichment to coor

my expense of the public CATV serves as a means of using copyright to resinct the grow** A. pubire who will unjustly enrich the broadcaster and!or the copyngh! owner - not the CAPT These anti-consumer provisions should not be enacted into law

IV - CONCLUSION

Based on the foregoing review of the background and the provisions of the smo concluded that the provisions of S. 1361 concerning CATV are ori, scom board payment including payment by the public for two tickets to tre same perimposta signals as limited by the Commission's rules, is, in my opinion soak ng the case already inflaticnary economy. I believe that you are justified and should revert to the no. position and make every effort to seek an arrendrent to this bull substantially as rex yaman nacin (supra n 1), to eliminate any liability under Section 106 or other provisions of S 136

The Subcommittee on Communications of the Senate Commerce Comp, see mis for 93 1095 on S 1361, proposed certain amendments to the bill In conciusiom the sub on page 71

**Despite proposing amendments to the Judiciary Committee's amend. ment in the nature of a substitute for S 1361 you Comm.ttee omases It is reporting the bill out without recommendation

*Clearly some of its subject matter substantially attects the broadcase
ing and cabie industries, and is regulatory in nature

"Should it be enac!ed it will have a significant impact or out my
communications system without the re evant 155ues having been a
in the forum designated the Senate for that purpose ie your commitment
Commerce

Trave not undertaken to separate the regulacry parts of the must train these popey Dul At a later time, this type analysis should be made in order to further deri saate *** ness of the provisions of S 1361 relating to cabre television

Freder:c** $

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Pirms consider the feelings of all the state asso " Dit gely by of all the states in America that have ta

poti pagainst this legislation as it relates to cable tel Vom Tiles yours,

LAWRENCE FLIXX, JR., Me

TANO R16,10 AL. CATV ASSOCIATIONS THAT HAVE AD SUPAY" Pritius ON COPYRIGHT AS OF JUNE 6, 1975

STATE ASSOCIATIONS

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652

12. Texas* 13. Virginia 14. West Virginia

AD HOC COMMITTEE 35 CONCERNED CABLE TELEVISION OPERATORS FOR A FAIR COPYRIGHT LAW

BOX 389

STATES REPRESENTED THBOrgh REGIONAL (ATV ASSOCIATI **

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STATES REPRESENTED AND NAME OF BFGIONAL ANDO LATIUS 15. Illinois, Illinois-Indiana (ATV Assn. 16. Indiana 17. Maryland, Maryland-Delaware CATV Assn. 18. Delaware 19, Kansas, Mid-America CATV Assn. 20. Vissouri.

Oklahoma (counted above. Passed separate resolution). 21, Nebraska. 22. Colorado, Rocky Mountain (ATV Assn. 23. Wyoming

. Robert W. Kastermeier

shan, Storttee on courts, Civil suberties, and the Administration of

STATE AssoCIATIONS THAT HAVE VOTED TO ADOPT THE NOTA PIT!

ON (OPYRIGHT 1. California. 2. Florida.

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*Copy of resolution passed is submitted herewith the other fun!" Agro tant recently reported by telephone or in the prees and copies of the priaied tem in will be obtained and copies w111 be 'bonitted to cart

: Would pay. copyright on distant signals only beyond basic corosiement of 1 TT . (8 nets, 1 ETV. & 3 Independents).

*** Sagress ar Kastenmeier:

reference to our letter to you dated June 10, 1975, end berex.th is a resolution passed by the City of be...re, as requesting Congress to remove any provision

the paypent of copyright fees by cable television ****** fra the above referenced legislation.

1.eue include the enclosed document in our previous !..." for assertion in the records for the current deliB. this proposed legislation. Thank you for

this matter.

Very truly yours,

THE AD HOC COMMITTEE OF CONCERNED CABLE TELEVISION OPERATORS FOR A FAIR COPYRIGHT LAN

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BY

Jonathan I. Singer

souse

Wetters of the Boase Subcommittee on Courts,
Csin berties and the Administration of Justice

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