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2. This license is not assignable nor transferable by operation of law, devolution or otherwise, and is limited strictly to the Licensee and to the premises above named. The license fee herein provided to be paid is based upon the performance of such non-dramatic renditions for the entertainment solely of such persons as may be physically present on or in the premises described, and does not authorize the broadcasting or telecasting or transmission by wire or otherwise, of such performances or renditions to persons outside of such premises, and the same is hereby strictly prohibited unless consent of the Society in writing first be had.

3. This license shall not extend to or be deemed to include:

(a) Oratorios, choral, operatic or dramatico-musical works (including plays with music, revues and ballets) in their entirety, or songs or other excerpts from operas or musical plays accompanied either by words, pantomime, dance, or visual representation of the work from which the music is taken; but fragments or instrumental selections from such works may be instrumentally rendered without words, dialogue, costume, accompanying dramatic action or scenic accessory, and unaccompanied by any stage action or visual representation (by motion picture or otherwise) of the work of which such music forms a part.

(b) Any work (or part thereof) whereof the stage presentation and singing rights are reserved.

4. Society reserves the right at any time to withdraw from its repertory and from operation of this license, any musical work, and upon any such withdrawal Licensee may immediately cancel this agreement. Either party to this agreement may, at any time, upon giving to the other party thirty days' prior notice in writing, by registered United States mail, terminate this agreement. Upon the termination of this agreement pursuant to any provision of this article "4" there shall be made to the Licensee a pro rata refund of any unearned license fees.

5. Licensee agrees, upon demand in writing of the Society, upon forms supplied by Society, whenever requested, to furnish a list of all music rendered at the premises hereby licensed, showing the title of each composition, and the publisher thereof.

6. Upon any breach or default of any term or condition herein contained, Society may, upon notice in writing cancel this license, and in event of such cancellation shall refund to Licensee any unearned fees paid in advance.

Licensee agrees to pay Society for the license herein the sum of seventy-five and no/100 dollars ($75.00), payable in advance.

This rate is conditioned and predicated upon the operating policy set forth on the reverse side hereof and such operating policy shall be deemed to be incorporated in and a part of the within agreement.

IN WITNESS WHEREOF, this agreement has been duly subscribed and sealed by Society and Licensee this 1st day of December, 1964.

By

By.

AMERICAN SOCIETY OF COMPOSERS, AUTHORS, AND PUBLISHERS,

ABEL HOLDING CO., INC.-BEATLES CONCERT, CONVENTION HALL,
LICENSEE,

Mr. A. L. KANE,

ASCAP,

Newark, N.J.

EXHIBIT O

DECEMBER 7, 1964.

DEAR MR. KANE: As you undoubtedly know, we are not in the concert business and therefore are not seeking to negotiate a concert agreement.

There has been a lot of confusion over the Beatles' performances throughout the country. BMI has sent us a list of the numbers played at the concert which they claim were theirs. I have no indication that any ASCAP tunes were used. The 20-odd songs listed by BMI constitutes what I remember to be, the program. If they used any ASCAP tunes I would appreciate your listing them for me so that I can make comparisons. I am sure you would not want payment for a concert without a clarification.

I fully hope that an amicable settlement will be accomplished and would appreciate further information.

Very truly yours,

ATLANTIC CITY STEEL PIER,
GEORGE A. HAMID, Jr.

Mr. ST. ONGE. Thank you, Mr. Hamid.

Do you have any specific recommendations in the form of amendments to the bill that the committee is holding hearings on, H.R. 4347? Mr. HAMID. Mr. Chairman, I don't have any specific recommendations. The only portion of the bill that places us in this terrible position is the statutory option of the copyright owners. I am talking about the people who have all the copyrights that we have to be licensed to present in order to operate.

If they had an option to sue us for damages based on what is customary in the field or what is customary in the field related to what they would like to raise it to, or what is customary in the field trebled, even, we would have a position in which we could negotiate. We have no negotiating position.

Mr. ST. ONGE. But since ASCAP and BMI are operating under consent decrees from the Federal courts, wouldn't you have a remedy there?

Mr. HAMID. I am not sure. I have been told that BMI is not yet under the consent decree, and that ASCAP is under the consent decree, but this is a tremendously difficult task. They have batteries of attorneys. For example, in the case that we had, we were asked to pay $600. Subsequently, we were sued for almost $4,000. I paid over $1,200 in the case just to talk to a few lawyers and to have it settled. And to try and go in under the consent decree is dangerous because while we are doing so we are continuing to infringe since we have no license. Not only are we infringing, we are willfully infringing; we are facing a jail sentence. Thus unless we sign we are infringing. If we do sign, we can't go into the court under the consent decree. Mr. ST. ONGE. Mr. Poff?

Mr. POFF. Do I understand, then, that you are opposed to the option of compulsory statutory damage and not so much to the amount of that damage?

Mr. HAMID. I am opposed to the option because it gives them the right to call for such an amount. That amount perhaps might not be onerous to a multimillion-dollar music user, but to the little man, the option of suing a man for $4,000 when they only wanted $600 in the first place and had only been collecting $25 before that makes us defenseless. To begin with, we could not win a lawsuit under any circumstance.

Mr. POFF. In other words, you are saying that you have no bargaining power with BMI and ASCAP.

Mr. HAMID. None whatsoever. If BMI writes me tomorrow morning and says, "We revoke the letter of consent dated April 7," from that moment on I am a willful infringer and I have no way of saving my business. The same applies to Glen Echo Park, right here, Riverside Park in Chicago, Disneyland. Well, of course, Disney could perhaps be able to afford a legal fight, but the rest of us can't. Mr. POFF. I have no further questions.

Mr. ST. ONGE. Mr. Edwards?
Mr. EDWARDS. No questions.

Mr. ST. ONGE. Mr. Tenzer.

Mr. TENZER. Just to get the record straight on this instance that you brought to the attention of this committee, of your own experience wih these two agencies, let me ask you how many seats would you have in the Steel Pier? How many seats for that concert?

Mr. HAMID. It was presented in Atlantic City Convention Hall. Mr. TENZER. But you originally had it booked for the Steel Pier. Mr. HAMID. Yes, sir.

Mr. TENZER. How many seats in Steel Pier?

Mr. HAMID. A total of about 10,000.

Mr. TENZER. How many in Convention Hall?

Mr. HAMID. About 17,000.

Mr. TENZER. So there were a greater number of seats.

Mr. HAMID. Yes.

Mr. TENZER. For example, when you have Paul Anka, what did you charge for admission that evening as compared to what you charged for admission when you had the Beatles?

Mr. HAMID. We charged $1.90 for Anka and we had a $2.75 to $4.90 top on the other concert.

Mr. TENZER. So there was a difference in income?

Mr. HAMID. Well, no. You see, we employed Paul Anka for a week, and the difference in income was far in favor of the Paul Anka engagement. We naturally had more income for 7 days with Paul Anka than 1 day with the Beatles.

Mr. TENZER. No further questions, Mr. Chairman.

Mr. ST. ONGE. Thank you very much, Mr. Hamid, for your testi

mony.

Mr. HAMID. Thank you, sir.

Mr. ST. ONGE. That concludes the list of witnesses.

The committee will stand in recess until 10 o'clock tomorrow morning.

(Whereupon, at 12 noon the subcommittee recessed, to reconvene at 10 a.m., Thursday, August 5, 1965.)

COPYRIGHT LAW REVISION

THURSDAY, AUGUST 5, 1965

HOUSE OF REPRESENTATIVES,

SUBCOMMITTEE No. 3 OF THE
COMMITTEE ON THE JUDICIARY,
Washington, D.C.

The subcommittee met at 10:15 a.m., pursuant to recess, in room 2226, Rayburn House Office Building, Hon. William L. St. Onge presiding.

Present: Representatives St. Onge, Tenzer, Poff, and Hutchinson. Also present: Herbert Fuchs, counsel; and Allan Cors, associate counsel.

Mr. ST. ONGE. The committee will be in order.

For those of you who have a list of the witnesses scheduled for today, the Chair is going to deviate, after consulting with members of the committee, and call first Mr. Joseph S. Dubin, on behalf of the American Patent Law Association.

Mr. Dubin has come from the west coast to testify. His schedule has already been interrupted. We shall still try to hear all of the witnesses scheduled for today.

Mr. Dubin?

STATEMENT OF JOSEPH S. DUBIN, ON BEHALF OF THE AMERICAN PATENT LAW ASSOCIATION

Mr. DUBIN. My name is Joseph S. Dubin, and I am a member of the California Bar.

I am chief studio counsel for Universal Pictures Co., Inc., Universal City, Calif.

For the past 20 years I have specialized in the field of copyright, with particular emphasis in international copyrights.

I have been a member of the Panel of Consultants on General Revision of the Copyright Law since its inception in 1956 and am a former member of Council, Copyright Division chairman, and chairman of various copyright committees of the Section on Patent, Trademark, and Copyright Law of the American Bar Association. I am currently cochairman, Committee on Program for the Revision of the Copyright Law, Patent, Trademark and Copyright Section of the American Bar Association. I am former chairman of the Committee on International Copyrights, International Association for the Protection of Industrial Property (AIPPI), a former trustee of the Copyright Society of the United States and past president of the Los Angeles Copyright Society. I do not appear on behalf of these specified organizations, nor am I authorized to speak for them.

52-380-66-pt. 3——11

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