Warner Bros. Inc. is prepared to confirm this policy to any individual nursing home, or representative thereof, should it desire such confirmation. If any nursing home or representative thereof is not satisfied with this statement of position and would prefer that a license for such performances be issued by Warner Bros. Inc., Warner Bros. Inc. will do so on a royalty-free basis for a 25-year period. We look forward to working with you to meet our common goals of serving those in nursing homes and maintaining a vigorous Copyright Law. Sincerely, Jim Bom Timothy A. Boggs Buena Vista Pictures Distribution, Inc. Richard W. Cook President March 16, 1990 The Honorable Benjamin L. Cardin Dear Congressman Cardin: The purpose of this letter is to comment upon S.1557 and H.R.3158, which address the viewing of videocassettes in nursing homes and other similar institutions. First, let me emphasize that Buena Vista Pictures Distribution, Inc., as the distributor of Disney, Touchstone, and Hollywood Pictures motion pictures for The Walt Disney Company, is very sympathetic to the objectives of the bills. Nevertheless, as will be discussed below, we question whether the legislation is desirable in light of the overall structure of the Copyright Act. We believe that the "public performance" right, as granted in the Copyright Act of 1976 and in prior copyright laws, is an essential element in a structure that has been painstakingly crafted to encourage creative endeavors, while at the same time providing the public with the benefits of such endeavors. Our concern with the proposed legislation is that it may lead to a dangerous erosion of the public performance right. We are particularly fearful that nations less sensitive to the rights of creators will use the legislation as a wedge to undermine the public performance right. Disney does not intend to seek licenses from nursing homes for the public performances of its videocassettes in common areas of permanent residential institutions of the type targeted by the legislation, and we are willing to memorialize a policy to this effect. Further, if any such facility would prefer a formal license agreement, Disney will enter into a twenty year royalty-free license agreement with that facility in exchange for a promise by the facility to contribute at least ten dollars to the United Way in Disney's name. We believe that this solution will work well for the nursing homes, because it is both self-executing and selfenforcing. Moreover, such a solution will preserve the integrity of the public performance right. 3900 West Alameda Avenue / Suite 2400 Burbank, California 91521-0021 818-567-5050 We are prepared to have further discussions with your office and with the various nursing home organizations to accomplish the goals of the proposed legislation. Please do not hesitate to contact me if you would like clarification regarding any of the matters discussed above. Very truly yours, Richard W. Cook President RWC/CR/kam ONE CNN CENTER, Box 105366, Atlanta, Georgia 30348-5366 (404) 827-1013 ш March 27, 1990 TURNER HOME ENTERTAINMENT The Honorable Benjamin L. Cardin 507 Cannon House Office Building Washington, D.C. 20515 Dear Senator Cardin: We are writing with respect to proposed legislation (S. 1557) concerning the use of home videocassettes in nursing homes and related health care settings. Turner Home Entertainment will not ask for any special payment when our videocassettes are used in the common rooms of nursing homes and related facilities such as hospices and geriatric care hospitals, so long as the facility does not make any direct charge to residents for viewing. We are hopeful that clear statements of policy by ourselves and others can persuade Congress that legislation in this area is not necessary. Please let us know is we can be helpful in any way. Very truly yours, Jack Black Jack Petrik We are writing to you in regard to H.R. 3158 which deals with the showing of videocassette entertainment in nursing homes and related health care settings. Over the past few weeks, Paramount has carefully reviewed the situation with respect to the issues raised by your measure, and we welcomed the opportunity to exchange our views with you and Ms. Shelly Hettleman of your staff on the need for the proposed legislation. Recognizing the uniquely humanitarian characteristics of nursing homes providing medical care for their elderly residents, Paramount has never solicited licenses for the "public performances" of its videocassettes viewed in nursing home common areas. As will be fully explained below, we intend to embody this practice into a firm policy, just as we took a similar step last year in connection with children receiving medical treatment in cancer care units. Paramount is, therefore, most sympathetic to the underlying purposes of H.R. 3158. Our concern with H.R. 3158, however, relates to whether the legislation is desirable at this time. The "public performance" doctrine, as embodied in the 1976 Copyright Act, is an integral part of a carefully balanced structure designed to encourage and promote the creative arts and thus foster the dissemination to the public of the fruits of creative enterprise. We are disturbed by the prospect that a further statutory exemption in Section 110, no matter how well intentioned in its own right, will stimulate the continued erosion of the "public performance" doctrine, if not immediately, then certainly over time; and we are also troubled by the likelihood that such a narrowing will also fashion a loophole through which others may try to pass. When that occurs, as it inevitably will, the larger public purposes of the Copyright Act to encourage creativity and Panimount 5555 Melrose Avenue, Hollywood, CA 90038-3197 (213) 468-5042 A Paramount Communications Company |