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Affidavits and letters concerning licensing of copyrighted products to
"Cable Television Under the 1972 Rules and the Impact of Alternative
American Broadcasting Companies, Inc., prepared statement.
Biemiller, Andrew, director, Legislative Department, AFL-CIO, letter dated July 22, 1975, to Hon. Robert W. Kastenmeier.. 1335 Bresnan, William J., president, Cable Division, Teleprompter Corp. 849 Broadcast Music, Inc., prepared statement.... 389, 962, 965 Burns, Aaron, president, International Typeface Corp., letter dated
July 28, 1975, to Hon. Robert W. Kastenmeier...
1975, to Hon. Robert W. Kastenmeier__
"Copyrightability of Typeface and Type Font Design," statement of position, Castcraft Industries, Inc.-..
Coyle, Maurice J., M.D., Department of Radiology, Providence Hospital, Anchorage, Alaska, letter dated July 9, 1975, to Hon. Peter W. Rodino, Jr..
Davis, Hal C., president, American Federation of Musicians, letter
Feist, Leonard, National Music Publishers' Association, Inc., letter
Harris, James A., president, National Education Association, pre-
Hightower, John B., chairman, Advocate for the Arts/Association
Ivy, Emma G., R.N., Wrangell General Hospital, Wrangell, Alaska, letter dated July 22, 1975, to Hon. Don Young
Keaney, Kevin J., general counsel, Federal Librarians Association, prepared statement..
King, Frank Peewee, composer, prepared statement.
Korman, Bernard, general counsel, American Society of Composers,
Lindow, Lester W., executive director, Association of Maximum
Lorenz, John G., Acting Librarian of Congress, letter dated August
Marshall, Nancy H., director, Wisconsin Interlibrary Loan Service,
Mathews, Hon. David, Secretary, Department of Health, Education,
Mercer, Johnny, composer, prepared statement_
& Composers, prepared statement..
Nimmer, Prof. Melville B., professor of law, UCLA School of Law,
Norwood, Frank W., executive secretary, Joint Council on Educational
Nathan, Robert R., president, Robert R. Nathan Associates, Inc.,
Parker, Michael, director, Typographical Development Mergenthaler
Passano, William M., chairman of the board, Williams & Wilkins Co.,
Rayin, Mona (R.N.), instructor coordinator of R.N. Programs and
Register, September 10, 1974
Ringer, Barbara, Register of Copyrights, letter dated June 6, 1975, to
Ruck, Don V., vice president, National Hockey League, prepared
Schrader, Dorothy M., General Counsel, Copyright Office, prepared
Stevens, Hon. Ted, a U.S. Senator From the State of Alaska, letter
"The Great American Rip-Off," by Mike Terranova, a pamphlet published by the Independent Record and Tape Association of America__
Times Mirror, prepared statement..
"Typeface Design Protection," statement of position of the American Institute of Graphic Arts--
Valenti, Jack, president, Motion Picture Association of America, Inc., letters to Hon. Robert W. Kastenmeier
September 10, 1975.
November 7, 1975..
Vanantwerpen, F. J., president, Council of Engineering and Scientific
Society Executives, prepared statement.
Wally, Alan I., president, Record and Tape Association of America, letter dated July 22, 1975, to Hon. Robert W. Kastenmeier____ Warren, Albert, chairman, Copyright Committee, Independent News
letter Association, prepared statement.
Wigron, Harold E., National Education Associations.
Woodriff, Dr. Ray, Department of Chemistry, Montana State Univer-
Young, Hon. Don, a Representative in Congress From the State of
of Copyright Issues (dealing with library photocopying). Appendix 4.-Miscellaneous communications...
Appendix 1.—Teleprompter Corp. memorandum on Constitutionality
COPYRIGHT LAW REVISION
WEDNESDAY, MAY 7, 1975
HOUSE OF REPRESENTATIVES,
SUBCOMMITTEE ON COURTS, CIVIL LIBERTIES,
The subcommittee met, pursuant to notice, at 10:10 a.m., in room 2226, Rayburn House Office Building, Hon. Robert W. Kastenmeier of the
Present: Representatives Kastenmeier, Danielson, Drinan, Pattison, Railsback, and Wiggins.
Also present: Herbert Fuchs and Bruce A. Lehman, counsels; and Thomas E. Mooney, associate counsel.
Mr. KASTEN MEIER. The committee will come to order. We have met this morning to begin subcommittee hearings on H.R. 2223, introduced by the Chair, for the general revision of the copyright law.
Ten years ago this month in this room the subcommittee began what turned out to be 22 days of public hearings on a bill having the same purpose, namely, the total revision of title 17, United States Code, the copyright law.
The 1965 hearings, followed by many subcommittee meetings, resulted in a revision bill being reported to and passed by the House of Representatives on April 11, 1967. The Senate, however, failed to act on that bill and the House-passed bill expired.
In September 1974, when the Senate at last did pass a copyright law revision bill, the involvement of the House Judiciary Committee in the nomination of Nelson Rockefeller to be Vice President prevented House consideration of the measure during what was left of 1974. However, the Congress did enact legislation creating a National Commission on New Technological Uses of Copyrighted Works, of which the President is to appoint the members.
With the coming of 1975, Senator McClellan reintroduced the 1974 Senate-passed bill as S. 22, and the Chair introduced an identical bill in the House under the number H.R. 2223. Title II of the bills S. 22 and H.R. 2223, go beyond providing copyright law revision, and provide protection of ornamental designs of useful articles.
In addition, the subcommittee has before it two measures directly related to the proposed revision. One of these, H.R. 5345, introduced by our subcommittee colleague, Mr. Danielson, would create a performer's royalty as part of the bundle of rights known as copyright.
The other, H.R. 4965, introduced by Mr. Won Pat, would authorize the making of video tapes for transmission on noncontiguous cable television systems, that is, in places other than the 48 mainland States.
H.R. 2223, H.R. 5345, and H.R. 4965 will be placed in the record of the hearings at the conclusion of this statement.
Article I, section 8 of the Federal Constitution empowers Congress "to promote the progress of science and useful arts, by securing to authors *** the exclusive right to their * * * writings ***"At the very least, therefore, Congress has the constitutional obligation to determine whether and to what extent the progress of the useful arts will be promoted by congressional grants of exclusivity for the writings of authors.
The purpose of the pending legislation is, in short, to bring up to date the copyright law which has not been substantially revised since 1909. It should be our commitment to correct this neglect, for the great and growing acceleration of technology and the resultant new uses of copyrighted works have rendered much of the existing law inadequate and obsolete.
The subcommittee is pleased, this morning, to open the hearings by welcoming witnesses from the Library of Congress. We have the Honorable John G. Lorenz, Acting Librarian of Congress; Abraham L. Kaminstein, former Register of Copyrights who went through the 1965-67 hearings with us, and Barbara Ringer, also an old friend, the present Register of Copyrights. Mr. Lorenz, will you begin?
[H.R. 2223, H.R. 5345, and H.R. 4965 are as follows:]
94TH CONGRESS 1ST SESSION
H. R. 2223
IN THE HOUSE OF REPRESENTATIVES
JANUARY 28, 1975
Mr. KASTEN MEIER introduced the following bill; which was referred to the Committee on the Judiciary
For the general revision of the Copyright Law, title 17 of the United States
Code, and for other purposes.
2 United States of America in Congress assembled,
Be it enacted by the Senate and House of Representatives of the
TITLE I-GENERAL REVISION OF COPYRIGHT LAW
SEC. 101. Title 17 of the United States Code, entitled "Copyrights",
102. Subject matter of copyright: In general.
103. Subject matters of copyright: Compilations and derivative works.
104. Subject matter of copyright: National origin.
105. Subject matter of copyright: United States Government works.
106. Exclusive rights in copyrighted works.
107. Limitations on exclusive rights: Fair use.
108. Limitations on exclusive rights: Reproduction by libraries and archives.