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COMMITTEE ON THE JUDICIARY
HOUSE OF REPRESENTATIVES

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
JOHN CONYERS, JR., Michigan
ROMANO L. MAZZOLI, Kentucky
WILLIAM J. HUGHES, New Jersey
MIKE SYNAR, Oklahoma
PATRICIA SCHROEDER, Colorado
DAN GLICKMAN, Kansas

BARNEY FRANK, Massachusetts
CHARLES E. SCHUMER, New York
EDWARD F. FEIGHAN, Ohio

HOWARD L. BERMAN, California
RICK BOUCHER, Virginia

HARLEY O. STAGGERS, JR., West Virginia

JOHN BRYANT, Texas

MEL LEVINE, California

GEORGE E. SANGMEISTER, Illinois
CRAIG A. WASHINGTON, Texas

PETER HOAGLAND, Nebraska
MICHAEL J. KOPETSKI, Oregon
JACK REED, Rhode Island

HAMILTON FISH, JR., New York CARLOS J. MOORHEAD, California HENRY J. HYDE, Illinois

F. JAMES SENSENBRENNER, JR.,
Wisconsin

BILL MCCOLLUM, Florida
GEORGE W. GEKAS, Pennsylvania
HOWARD COBLE, North Carolina
LAMAR S. SMITH, Texas
CRAIG T. JAMES, Florida
TOM CAMPBELL, California
STEVEN SCHIFF, New Mexico
JIM RAMSTAD, Minnesota
GEORGE ALLEN, Virginia

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Abt, Richard, general counsel, West Coast Video, on behalf of the Video
Software Dealers Association, Philadelphia, PA

155

Brown, David, president and owner, the Manhattan Project, Ltd.
Gottlieb, Carl, screenwriter, on behalf of the Writers Guild of America, East
and West

Jaffe, Daniel L., executive vice president, Association of National Advertisers,

Inc., on behalf of the Association of National Advertisers and the

Committee for America's Copyright Community

Mayer, Roger L., president and chief operating officer, Turner Entertainment
Co., Los Angeles, CA

Mrazek, Hon. Robert J., a Representative in Congress from the State of

New York

Peck, Robert, legislative counsel, American Civil Liberties Union
Scorsese, Martin, film director, on behalf of the Directors Guild of America,
Inc., Los Angeles, CA

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

Silverstein, Elliot, film director, on behalf of the Directors Guild of America,
Inc., Los Angeles, CA

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
Cinematographers, Hollywood, CA......

Wise, Robert, film director, on behalf of the Directors Guild of America,
Inc., Los Angeles, CA

LETTERS, STATEMENTS, ETC., SUBMITTED FOR THE HEARING
Abt, Richard, general counsel, West Coast Video, on behalf of the Video
Software Dealers Association, Philadelphia, PA: Prepared statement
Blasi, Vincent, Corliss Lamont Professor of Civil Liberties, Columbia
University School of Law, New York, NY: Prepared statement

Brown, David, president and owner, the Manhattan Project, Ltd.: Prepared

statement

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Gottlieb, Carl, screenwriter, on behalf of the Writers Guild of America, East
and West: Prepared statement

98

Jaffe, Daniel L., executive vice president, Association of National Advertisers,
Inc., on behalf of the Association of National Advertisers and the
Committee for America's Copyright Community: Prepared statement
Mayer, Roger L., president and chief operating officer, Turner Entertainment
Co., Los Angeles, CA: Prepared statement

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FILM DISCLOSURE ACT OF 1991

THURSDAY, MARCH 5, 1992

HOUSE OF REPRESENTATIVES,

SUBCOMMITTEE ON INTELLECTUAL PROPERTY

AND JUDICIAL ADMINISTRATION,
COMMITTEE ON THE JUDICIARY,
Washington, DC.

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.

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