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Page 743

Additional material

Affidavits and letters concerning licensing of copyrighted products to

television stations and the sale of advertising time to advertisers.---
Allen, Joseph P., Assistant Administrator for Legislative Affairs,

National Aeronautics and Space Administration, letter dated
September 5, 1975, to Hon. Peter W. Rodino, Jr., chairman, House
Committee on the Judiciary--

178 American Broadcasting Companies, Inc., prepared statement.

827 American Business Press, Inc., prepared statement

252 American Guild of Authors and Composers and the National Music Publishers Association, joint statement..

--- 1586, 1641 American Society of Composers, Authors, and Publishers, prepared statement

925, 947 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.

1020 "Cable Television Under the 1972 Rules and the Impact of Alternative Copyright Fee Proposals,” by Bridger M. Mitchell..

517 Cairns, Robert W., American Chemical Society, letter dated June 25, 1975, to Hon. Robert W. Kastenmeier..

243 "Copyrightability of Typeface and Type Font Design,” statement of position, Castcraft Industries, Inc.

1228 Coyle, Maurice J., M.D., Department of Radiology, Providence Hos

pital, Anchorage, Alaska, letter dated July 9, 1975, to Hon. Peter W.
Rodino, Jr

215 Davis, Hal C., president, American Federation of Musicians, letter dated July 8, 1975, to Hon. Robert W. Kastenmeier...

1658 Ebenstein, Daniel, Amster and Rothstein, counselors at law, letter dated July 18, 1975, to Hon. Robert W. Kastenmeier.

1194 Evans, Robert V., vice president, CBS, letter dated July 3, 1975, to

Hon. Robert W. Kastenmeier, chairman, Subcommittee on Courts,
Civil Liberties, and the Administration of Justice--

689 Feist, Leonard, National Music Publishers' Association, Inc., letter dated October 3, 1975, to Hon. Robert W. Kastenmeier..

1651 Finn, James B., Ph. D., senior vice president, research and develop

ment, the C. V. Mosby Co., letter dated August 8, 1975, to Dr.
Ray Alan Woodriff.

265 General license agreement, restaurants, taverns, nightclubs, and similar establishments..

385 Harris, James A., president, National Education Association, prepared statement.

274 Hightower, John B., chairman, Advocate for the Arts/Association Councils for the Arts, prepared statement.

263 Ivy, Emma G., R.N., Wrangell General Hospital, Wrangell, Alaska, letter dated July 22, 1975, to Hon. Don Young-.

215 Keaney, Kevin J., general counsel, Federal Librarians Association, prepared statement..

262 King, Frank Peewee, composer, prepared statementKorman, Bernard, general counsel, American Society of Composers,

Authors, and Publishers, letter' dated August 6, 1975, to Hon.
Robert W. Kastenmeier.

383 Lindow, Lester W., executive director, Association of Maximum Service Telecasters, prepared statement..

845 Lorenz, John G., Acting Librarian of Congress, letter dated August

26, 1975, to Hon. Peter W. Rodino, Jr., chairman, House Com-
mittee on the Judiciary.

174 McCloskey, Robert J., Assistant Secretary for Congressional Rela

tions, Department of State, letter dated May 7, 1975, to Hon. Peter
W. Rodino, Jr., chairman, House Committee on the Judiciary:

172 McKenna, Frank, executive director, Special Libraries Association, prepared statement.-

209 Marke, Julius J., American Association of Law Libraries, prepared statement.




Additional material-Continued

Marshall, Nancy H., director, Wisconsin Interlibrary Loan Service,

Madison, Wis., letter dated May 6, 1975, to Hon. Robert W. Page

Mathews, Hon. David, Secretary, Department of Health, Education,
and Welfare, prepared statement..

261 Mercer, Johnny, composer, prepared statement

381 Mergenthaler Linotype Co., prepared statement

1054 Nathan, Robert R., president, Robert R. Nathan Associates, Inc.,

letter dated October 24, 1975, to Hon. Robert W. Kastenmeier.--. 1640 National Broadcasting Co., Inc., prepared statement.

825, 1385 National Music Publishers Association and American Guild of Authors & Composers, prepared statement...

920 Nimmer, Prof. Melville B., professor of law, UCLA School of Law, prepared statement

1038 Norwood, Frank W., executive secretary, Joint Council on Educational

Telecommunications, letter dated July 10, 1975, to Hon. Robert W.

883 Parker, Michael, director, Typographical Development Mergenthaler

Linotype Co., letter dated July 28, 1975, to Hon. Robert W.

1041 Passano, William M., chairman of the board, Williams & Wilkins Co., prepared statement

260 Rayin, Mona (R.N.), instructor coordinator of R.N. Programs and Outreach, letter dated August 12, 1975, to Hon. Don Young-

214 “Registration of Original Typeface Designs: Extension of Comment Period,” vol., No. 223, Federal Register, November 18, 1975.-

1017 “Registration of Original Typeface Designs,” vol. 39, No. 176, Federal Register, September 10, 1974

1016 Ringer, Barbara, Register of Copyrights, letter dated June 6, 1975, to Hon. Robert W. Kastenmeier..

1008 Ruck, Don V., vice president, National Hockey League, prepared

813 Schrader, Dorothy M., General Counsel, Copyright Office, prepared statement.

1015 Stevens, Hon. Ted, a U.S. Senator From the State of Alaska, letter dated October 8, 1975, to Hon. Robert W. Kastenmeier.

1659 Steuermann, Clara, president, Music Library Association, prepared statement

207 "The Great American Rip-Off," by Mike Terranova, a pamphlet

published by the Independent Record and Tape Association of

1265 Times Mirror, prepared statement.

852 "Typeface Design Protection,” statement of position of the American Institute of Graphic Arts.-

1226 Valenti, Jack, president, Motion Picture Association of America, Inc., letters to Hon. Robert W. KastenmeierSeptember 10, 1975.

1724 November 7, 1975..

1736 Vanantwerpen, F. J., president, Council of Engineering and Scientific Society Executives, prepared statement.

369 Wally, Alan I., president, Record and Tape Association of America, letter dated July 22, 1975, to Hon. Robert W. Kastenmeier--

1263 Warren, Albert, chairman, Copyright Committee, Independent Newsletter Association, prepared statement

367 Wigron, Harold E., National Education Associations

276 Woodriff, Dr. Ray, Department of Chemistry, Montana State University, prepared statement

265 Young, Hon. Don, a Representative in Congress From the State of

Alaska, letter dated October 2, 1975, to Hon. Robert W.

214 Appendixes

Appendix 1.- Teleprompter Corp. memorandum on Constitutionality of Proposed Copyright Legislation (H.R. 2223)-

1917 Appendix 2.–18 briefing papers submitted by the Copyright Office 2051 Appendix 3.- Report of Working Group of Conference on Resolution of Copyright Issues (dealing with library photocopying)

2092 Appendix 4.-Miscellaneous communications.






Washington, D.C. The subcommittee met, pursuant to notice, at 10:10 a.m., in room 2226, Rayburn House Office Building, Hon. Robert W. Kastenmeier [chairman of the subcommittee] presiding.

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. KASTENMEIER. 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 writ-
ings 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 inade-
quate 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:]

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H. R. 2223


JANUARY 28, 1975
Mr. KASTENMEIER introduced the following bill; which was referred to the Com-

mittee on the Judiciary


For the general revision of the Copyright Law, title 17 of the United States

Code, and for other purposes.

1 Be it enacted by the Senate and House of Representatives of the
2 United States of America in Congress assembled,
4 Sec. 101. Title 17 of thu United States Code, entitled “Copyrights”,
5 is hereby amended in its entirety to read as follows:

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101. Definitions.
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.

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