COMMITTEE ON THE JUDICIARY ONE HUNDRED SECOND CONGRESS SECOND SESSION ON H.R. 3051 FILM DISCLOSURE ACT OF 1991 64-867 CC MARCH 5, 1992 Serial No. 104 Printed for the use of the Committee on the Judiciary U.S. GOVERNMENT PRINTING OFFICE WASHINGTON: 1993 For sale by the U.S. Government Printing Office Superintendent of Documents, Congressional Sales Office, Washington, DC 20402 ISBN 0-16-040761-3 L COMMITTEE ON THE JUDICIARY JACK BROOKS, Texas, Chairman DON EDWARDS, California BARNEY FRANK, Massachusetts HOWARD L. BERMAN, California HARLEY O. STAGGERS, JR., West Virginia JOHN BRYANT, Texas MEL LEVINE, California GEORGE E. SANGMEISTER, Illinois PETER HOAGLAND, Nebraska HAMILTON FISH, JR., New York CARLOS J. MOORHEAD, California HENRY J. HYDE, Illinois F. JAMES SENSENBRENNER, JR., BILL MCCOLLUM, Florida Hughes, Hon. William J., a Representative in Congress from the State of New Jersey, and chairman, Subcommittee on Intellectual Property and Abt, Richard, general counsel, West Coast Video, on behalf of the Video 155 Brown, David, president and owner, the Manhattan Project, Ltd. Jaffe, Daniel L., executive vice president, Association of National Advertisers, Inc., on behalf of the Association of National Advertisers and the Mayer, Roger L., president and chief operating officer, Turner Entertainment Mrazek, Hon. Robert J., a Representative in Congress from the State of Peck, Robert, legislative counsel, American Civil Liberties Union Sherman, Charles E., senior vice president of television, National Association Silverstein, Elliot, film director, on behalf of the Directors Guild of America, Simpson, Hon. Alan K., a Senator in Congress from the State of Wyoming Wise, Robert, film director, on behalf of the Directors Guild of America, LETTERS, STATEMENTS, ETC., SUBMITTED FOR THE HEARING Brown, David, president and owner, the Manhattan Project, Ltd.: Prepared Gottlieb, Carl, screenwriter, on behalf of the Writers Guild of America, East 98 Jaffe, Daniel L., executive vice president, Association of National Advertisers, Mrazek, Hon. Robert J., a Representative in Congress from the State of Peck, Robert, legislative counsel, American Civil Liberties Union: Prepared Scorsese, Martin, film director, on behalf of the Directors Guild of America, Sherman, Charles E., senior vice president of television, National Association of Broadcasters, on behalf of the National Association of Broadcasters and the Association of Independent Television Stations: Prepared statement ...... Silverstein, Elliot, film director, on behalf of the Directors Guild of America, Inc., Los Angeles, CA: Prepared statement Simpson, Hon. Alan K., a Senator in Congress from the State of Wyoming: Wexler, Haskell, film director, Haskell Wexler Filmography, on behalf of the International Photographers Guild and the American Society of Cine- matographers, Hollywood, CA: Prepared statement Wise, Robert, film director, on behalf of the Directors Guild of America, Letter to whom it may concern, from John Landis, director, March 2, Appendix 1.-Statement of Hon. Mike Synar, a Representative in Congress from the State of Oklahoma, March 5, 1992 Appendix 2.-Statement of the U.S. Trademark Association, March 5, 1992 .... Appendix 3-Letter from Charles B. FitzSimons, executive director, Producers Guild of America, Inc. (with enclosure), to Chairman William J. Hughes, Subcommittee on Intellectual Property and Judicial Administration, February 20, 1992 Appendix 4.-Letter and statement from Daniel L. Jaffe, executive vice presi- dent, Association of National Advertisers, Inc., to Chairman William J. Hughes, March 11, 1992 and March 5, 1992 Appendix 5.-Letter from J. Nicholas Counter III, president, Alliance of Motion Picture & Television Producers, to Chairman William J. Hughes, Appendix 6.-Letter from Wendell L. Willkie II, General Counsel of the U.S. Department of Commerce, to Chairman William J. Hughes, March Appendix 7.-Letter from Arnold P. Lutzker, attorney, Dow, Lohnes & Albert- son, to Congressman Dan Glickman (with enclosures), April 10, 1992 Appendix 8.-Report by the Patent and Trademark Office, U.S. Department of of Commerce, "The Trademark Act of 1946 and Technologies for FILM DISCLOSURE ACT OF 1991 THURSDAY, MARCH 5, 1992 HOUSE OF REPRESENTATIVES, SUBCOMMITTEE ON INTELLECTUAL PROPERTY AND JUDICIAL ADMINISTRATION, The subcommittee met, pursuant to notice, at 10 a.m., in room 2237, Rayburn House Office Building, Hon. William J. Hughes (chairman of the subcommittee) presiding. Present: Representatives William J. Hughes, John Conyers, Jr., Mike Synar, Patricia Schroeder, Dan Glickman, George E. Sangmeister, Carlos J. Moorhead, Howard Coble, Craig T. James, and Tom Campbell. Also present: Representative John Bryant. Staff present: Hayden Gregory, counsel; Elizabeth Fine, assistant counsel; Phyllis Henderson, staff assistant; and Thomas E. Mooney, minority counsel. OPENING STATEMENT OF CHAIRMAN HUGHES Mr. HUGHES. The Subcommittee on Intellectual Property and Judicial Administration will come to order. Good morning. The Chair has received a request to cover this hearing in whole or in part by television broadcast, radio broadcast, still photography or by any such methods in accordance with committee rule 5(a). It will be permitted unless there is an objection. No objection. The request is granted. I welcome you to this morning's subcommittee hearing. It promises to be a very interesting and, hopefully, productive one. Americans love the movies. We are enormously proud of the creativity and productivity of our motion picture industry, including our studios, producers and many talented artists who bring such pleasure and enrichment to people around the world. Fifty years ago, we were accustomed to seeing movies only on the big screen. Today, however, while I prefer to see a movie in the theater, there are so many different ways we can watch movies: On television, on videocassette recorders and even on airplanes. However, most motion pictures are still made for the screen, and often need modifications in order to be shown in our homes or to certain audiences, such as TV viewers or airline passengers. Often these films are edited, panned and scanned and have their running times modified through a technique called lexiconing. (1) |