COMMITTEE ON THE JUDICIARY

JAMES O. EASTLAND, Mississippi, Chairman

SUBCOMMITTEE ON PATENTS, TRADEMARKS, AND COPYRIGHTS

JOHN L. MCCLELLAN, Arkansas, Chairman

THOMAS C. BRENNAN, Chief Counsel

CONTENTS

Statement of—

Abraham Kaminstein, Register of Copyrights, accompanied by
Barbara A. Ringer, Assistant Register of Copyrights; and Abe A.
Goldman, General Counsel, Copyright Office.--

Rosel H. Hyde, Chairman, Federal Communications Commission,
accompanied by Henry Geller, General Counsel; and Arthur
Stampler, legal counsel to the Chairman..

Frederick W. Ford, president, National Community Television As-
sociation, Inc., accompanied by Alfred R. Stern, chairman, board
of directors; and E. Stratford Smith, special counsel.
Douglas A. Anello, general counsel, National Association of Broad-

casters.

Ernest W. Jennes, on behalf of Association of Maximum Service Telecasters, Inc.__.

Page

6

13

84

109

118

Herman Finkelstein, general counsel, American Society of Composers,
Authors and Publishers (ASCAP)..

130, 230

Albert F. Ciancimino, house counsel, SESAC, Inc..

144

Sydney M. Kaye, chairman of the board and general counsel, Broadcast Music, Inc. (BMI).

150

Pete Rozelle, commissioner, National Football League, accompanied by Hamilton Carothers, counsel

Arthur Krim, president, United Artists Corp..
Louis Nizer, general counsel, Motion Picture Association.
Charlton Heston, president, Screen Actors Guild____

Harold O. Lovre, Washington counsel for the American Football
League..

156

160

167

191

205

Edwin M. Zimmerman, Acting Assistant Attorney General, Depart-
ment of Justice, accompanied by Lionel Kestenbaum and Stephen
G. Breyer of the Antitrust Division___

Richard W. Jencks, deputy general counsel, Columbia Broadcasting
System, Inc...

211

219

Evelyn F. Burkey, executive director, Writers Guild of America,
East, Inc. on behalf of the Writers Guild of America___
Statements submitted for inclusion in the record:

227

Paul A. Porter, on behalf of organized baseball..

James O. Marlowe, vice president, Springfield Television Broadcasting
Corp..

203

162

APPENDIX

Authors League of America, Inc., Irvin Karp, counsel..

Directors Guild of America, Inc...

National Broadcasting Co., Inc...

National Collegiate Athletic Association (NCAA).

Westinghouse Broadcasting Co., Inc. -

241

244

245

247

248

III

COPYRIGHT LAW REVISION-CATV

TUESDAY, AUGUST 2, 1966

U.S. SENATE,

SUBCOMMITTEE ON PATENTS,

TRADEMARKS, AND COPYRIGHTS

OF THE COMMITTEE ON THE JUDICIARY,

Washington, D.C. The subcommittee met, pursuant to call, at 10 a.m., in room 1318, New Senate Office Building, Senator Quentin N. Burdick presiding, Present: Senators Burdick (presiding), McClellan, Hart, and Fong.

Also present: Thomas C. Brennan, chief counsel; Edd N. Williams, Jr., assistant counsel; and Stephen G. Haaser, chief clerk, Subcommittee on Patents, Trademarks, and Copyrights.

Senator BURDICK. The subcommittee this morning is resuming the public hearing on S. 1006, to provide for a general revision of the copyright laws. This series of hearings will consider the copyright implications of community antenna television systems.

The distinguished chairman of the subcommittee has appointed me as the acting chairman for the purpose of conducting these hearings. I shall direct that a copy of a letter from Chairman McClellan appear in the record immediately following these remarks.

The subcommittee commenced hearings on this bill during the first session. It was the hope of the subcommittee that the current Congress could complete action on the entire revision bill. Despite the diligent efforts of the Copyright Office, the House Judiciary Subcommittee, and the interested parties, it has now become apparent that this will not be possible.

Important decisions relating to various aspects of CATV are currently being made in the Congress, the Federal Communications Commission, and the Federal courts. These developments cannot be deferred until a future Congress enacts a general copyright revision bill, yet whatever decision the Congress ultimately makes concerning the copyright question will have a significanut impact upon CATV operations. Under these circumstances, the chairman of the subcommittee has recommended that the subcommittee explore the advisability of action in this session of Congress to resolve the CATV copyright question. If, however, the subcommittee should determine not to act separately on the CATV issue, then these proceedings will be of assistance to the subcommittee when, in the next Congress, it acts upon the entire copyright revision program.

At the outset of these hearings, I wish to indicate that I have no predetermined view concerning this issue. I am confident that the subcommittee will seek a proper balance between the constitutional objective of the copyright system to encourage creativity, and the public interest in providing for the widest possible dissemination of information.

The attainment of such a balance is always a most difficult undertaking. But looking at the impressive list of witnesses whom we will hear in the next 3 days, I am hopeful that the subcommittee will be able to make a constructive contribution.

(The copy of a letter from Chairman McClellan follows:)

U.S. SENATE,

COMMITTEE ON THE JUDICIARY,

SUBCOMMITTEE ON PATENTS, TRADEMARKS, AND COPYRIGHTS,

Senator QUENTIN N. BURDICK, 110 Senate Office Building, Washington, D.C.

July 18, 1966.

DEAR SENATOR: In accordance with our conversation, I am designating you as acting Chairman of the Subcommittee on Patents, Trademarks, and Copyrights, for the purpose of conducting the hearings, commencing August 2nd, on the community antenna television aspects of S. 1006.

I appreciate your willingness to preside at the hearings on this important subject.

With kind regards, I am,

Sincerely,

JOHN L. MCCLELLAN,

Chairman.

Mr. BRENNAN. Mr. Chairman, I suggest that we incorporate at this point in the record the notice of this hearing which appeared in the Congressional Record of July 18.

Senator BURDICK. Without objection it will be received.

Mr. BRENNAN. Mr. Chairman, there will be references in the course of the hearings to the recommendations of the House subcommittee. I suggest at this point we incorporate the text of the proposal approved by the House subcommittee.

Senator BURDICK. Without objection it will be received.

(The notice of hearing and text of proposal referred to follow :) [Congressional Record, July 18, 1966]

NOTICE OF PUBLIC HEARING ON CATV

Mr. MCCLELLAN. Mr. President, as chairman of the standing Subcommittee on Patents, Trademarks, and Copyrights of the Committee on the Judiciary, I wish to announce that the subcommittee has scheduled a public hearing on S. 1006, the copyright revision bill, as it relates to community antenna television systems. These hearings will be held on Tuesday, August 2; Wednesday, August 3; and Thursday, August 4, commencing at 10 a.m. in room 1318, New Senate Office Building.

Anyone who wishes to testify or file a statement for the record should communicate immediately with the office of the subcommittee, room 349-A, Senate Office Building, Washington, D.C., telephone 225–2268.

The subcommittee consists of the Senator from Michigan [Mr. HART], the Senator from North Dakota [Mr. BURDICK], the Senator from Pennsylvania [Mr. SCOTT], the Senator from Hawaii [Mr. FONG], and myself.

(Draft of House Judiciary Subcommittee No. 3 amendment to H.R. 4347:)

Limitations on exclusive rights: Secondary transmissions.

(a) CERTAIN SECONDARY TRANSMISSION EXEMPTED.—

(1) Notwithstanding the provisions of subsection (b) and (c), the secondary transmission to the public of a primary transmission embodying a performance or display of a work is not an infringement of copyright if:

(A) the secondary transmission consists entirely of relaying the primary transmission to the private rooms of a hotel or other public establishment, and no direct charge is made to the occupants of the private rooms to see or hear the secondary transmission; or