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COPYRIGHT LAW REVISION

WEDNESDAY, JUNE 30, 1965

HOUSE OF REPRESENTATIVES,

SUBCOMMITTEE No. 3 OF THE
COMMITTEE ON THE JUDICIARY,

Washington, D.C. The subcommittee met at 10 a.m., pursuant to recess, in room 2226, Rayburn House Office Building, Hon. Robert W. Kastenmeier, presiding.

Present: Representatives Kastenmeier, St. Onge, Edwards, Tenzer, Poff, and Hutchinson.

Also present: Herbert Fuchs, counsel, and Allan Cors, associate counsel.

Mr. KASTENMEIER. The committee will come to order. The Chair would like to make two or three announcements. First of all, we do have permission to sit while the House is in session today. However, we do expect to conclude the hearings relatively early,

Secondly, this will be the last scheduled hearing for awhile. There will be a hiatus, and hearings on revision of copyright will be resumed in late July.

This morning, first of all, we are pleased to have our colleague on the parent committee come to testify, our friend Representative Corman, of California. STATEMENT OF HON. JAMES C. CORMAN, A REPRESENTATIVE IN

CONGRESS FROM THE STATE OF CALIFORNIA Mr. CORMAN. Thank you.

Mr. Chairman and members of the committee, I appreciate this opportunity to appear before the subcommittee during your hearings on comprehensive revision of our copyright and patent laws. Let me take this opportunity to commend the diligent and painstaking nature of the study that you have conducted. I know that the resulting legislation will make a significant contribution toward remedying many of the inequities arising from the inadequacies of existing law.

There is one vital aspect of the pending legislation which I should like to comment on. À most fundamental premise of our copyright and patent laws is the protection of the creative citizen, whether that creativity be expressed in science, technology, or the arts.

One glaring loophole in the realization of that purpose is the failure to require the payment of royalties for the jukebox performance of music. This exemption cannot be justified by the philosophy of our laws, nor is there any valid argument which can support it on practical grounds.

This is a matter with which the subcommittee is familiar, and my sole purpose in appearing before you today is to urge your favorable consideration of an end to this exemption, and to pledge my active support as a member of the full committee to such action.

Thank you, Mr. Chairman.

Mr. KASTENMEIER. We thank our colleague for his statement, and recall that his efforts in this regard in the last session of Congress were, I am sure, deeply appreciated, and made a sizable contribution.

May I ask whether there are any questions?

Mr. EDWARDS. I have no questions, Mr. Chairman, except to welcome my distinguished colleague from California here today. We always listen to what he has to say with great respect, and we thank him for being here today.

Mr. CORMAN. Thank you.

Mr. TENZER. Joining in these sentiments, I stretch my hand across the country from New York to California to the great Mr. Corman.

Mr. CORMAN. Thank you, sir.

Mr. KASTENMEIER. Our next witness will be Mr. Stanley Ballard, representing and secretary-treasurer of the American Federation of Musicians of the United States & Canada of the AFL-CIO.

STATEMENT OF STANLEY BALLARD, SECRETARY-TREASURER,

AMERICAN FEDERATION OF MUSICIANS OF THE UNITED STATES
& CANADA, AFL-CIO; ACCOMPANIED BY HENRY KAISER AND
JEROME H. ADLER, COUNSEL
Mr. KASTENMEIER. Mr. Ballard, welcome to the committee.

Mr. BALLARD. Thank you, Mr. Chairman. I would like to have you meet our counsel for the American Federation of Musicians, Henry Kaiser, and Jerome H. Adler.

Mr. KASTENMEIER. Welcome, gentlemen.
You may proceed, Mr. Ballard.

Mr. BALLARD. My name is Stanley Ballard. I am secretary-treasurer of the American Federation of Musicians of the United States and Canada, affiliated with the AFL-CIO. I am also a member of the executive board of the International Secretariat for Entertainment Trade Unions and treasurer of the Inter-American Federation of Entertainment Workers.

President Herman Kenin has been unavoidably and regrettably prevented from appearing before you today and I am privileged to present the following statement in his behalf.

We deeply appreciate the kind invitation of the subcommittee to appear today. You have given us opportunity to voice the opposition of 270,000 members of the American Federation of Musicians to the 1965 bill for general copyright revision. We oppose that bill because it denies recognition to American performers of a long sought right to participate in the public profitable performance of records. We oppose the bill because, under guise of establishing a “single national system” of copyright, it would eliminate even the remaining vestiges of common law rights which survive in a few limited areas. We oppose the bill because it perpetuates a long and shameful discrimination against American performers—a grievance for which we urgently petition for affirmative redress.

Needless to say, our opposition to the bill in no way is intended to denigrate the arduous, meticulous, and scholarly labors of Register Abraham L. Kaminstein and his able staff. Rather, our oppositionwhich reflects not only the views of musicians but of other performers as well, be they actors, singers, or musicians—is intended to illuminate and expose the motives and practices of those who prosper from the uncontrolled, uncompensated profitable public performance of recording while opposing this simple, basic, moral right of performers to share in these vast revenues.

Our position is presented in some detail in the pamphlet which we have published and circulated during the past month, and, which we have handed to the committee, and we would like to present you with copies of this pamphlet.

Mr. KASTEN MEIER. Do I understand that you would like to make this part of the record ?

Mr. BALLARD. Yes, we would like to make this part of the record.

Mr. KASTENMEIER. Without objection, the statement you refer to will be received and made part of the record.

(Statement referred to follows:)

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AMERICAN FEDERATION OF MUSICIANS

of the United States and Canada
641 Lexington Ave., New York, N. Y. 10022

HERMAN D. KENIN, PRESIDENT

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