Lapas attēli





Cable television royalty schedule:

Jack Valenti, Motion Picture Association of America, Inc. and

Chester Migden, on behalf of film_unions and guilds; accom-

panied by: Gerald Meyer, Lionel Fray, Robert W. Crandall,

and David Horowitz.-

Vincent T. Wasilewski, National Association of Broadcasters and

Association of Maximum Service Telecasters, Inc.; accompa-

nied by Ernest W. Jennes and John B. Summers -
Herman Finkelstein, ASCAP; accompanied by Edward M.

Cramer, BMI, Inc. and Albert F. Ciancimino, SESAC, Inc..

David Foster, National Cable Television Association; accompa-

nied by George J. Barco, Dr. Bridger Mitchell and Stuart


Religious broadcasting exemption

Albert F. Ciancimino, SESAC, Inc.--

Rev. Dr. Wilbur E. Nelson, National Religious Broadcasters;

accompanied by John H. Midlen and Dr. Ben Armstrong-----

Carriage of sporting events by cable television:

Amos B. Hostetter, Jr., National Television Association, Inc.;

accompanied by Rex Bradley, Stuart Feldstein and Gary


James B. Higgins, National Collegiate Athletic Association; ac-

companied by Ritchie T. Thomas

Bowie Kuhn, Baseball Leagues; accompanied by Don V. Ruck,

National Hockey League; John Vanderstar; National Foot-

ball League; Robert M. Kaufman, National Basketball Asso-

ciation and Phillip Hockberg, National Hockey League...


Statements, supplemental statements, and letters:

American Association of Law Libraries.

American Chemical Society--

American Guild of Authors and Composers.

American Institute of Physics.-

American Library Association.

American Medical Association.

Arkansas Broadcasters Association.

Association for Educational Communications and Technology -

Association of American Medical Colleges -

Association of American Publishers, Inc.

Association of Research Libraries.

Alphonzo Bell, U.S. Congressinan.

Professor Albert P. Blaustein, Rutgers School of Law..


Columbia Broadcasting System, Inc.

Community Antenna TV Association.

Copyright Office.

Alan Cranston, U.S. Senator

Federal Librarians Association.

Evan H. Foreman

Morton I. Grossman..

Harcourt Brace Jovanovich, Inc. and MacMillan, Inc.

Philip A. Hart, U.S. Senator-Detroit Public Library

Information Industry Association..

Investigative Dermatology Journal

Mike Mansfield, U.S. Senator-Rocky Mt. Broadcasters Association -

Marine Biomedical Institute

Medical Library Association.-

Motion Picture Association of America, Inc., and Motion Picture and

Television Producers, Inc.--

Music Educators National Conference.

Music Library Association

Music Publishers' Association..

National Association of Broadcasters and Association of Maximum

Service Telecasters

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Page 636 639 644 645 647 647 648

Statements, supplemental statements, and letters—Continued

National Broadcasting Co., Inc.
National Cable Television Association, Inc.
National Education Association..
New England Journal of Medicine -
The New Republic
Thomas M. Rees, U.S. Congressman..
Edward R. Roybal, U.S. Congressman.
Hugh Scott, U.S. Senator-State Library of Pennsylvania; Free

Library of Philadelphia --
Spanish International Network
Special Libraries Association.
Sterling Communications-
John V. Tunney, U.S. Senator.
Williams & Wilkins Co..
Xerox Corp-
Carl L. Zanger.

648 649 663 665 667 667 669 670 670


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TUESDAY, JULY 31, 1973


Washington, D.C. The committee met, pursuant to notice, at 10:05 a.m., in room 1114, Dirksen Senate Office Building, Senator John L. McClellan presiding.

Present: Senator McClellan (presiding], Burdick, Fong.
Also present: Thomas C. Brennan, chief counsel.

Senator McCLELLAN. The committee will come to order. I understand other members of the committee may be present later but we will not wait on them. We will begin.

We are so occupied with our duties today, they are so voluminous and so burdensome, Senators just can't be everywhere they should be and all places they should be. Time just does not permit it. I am supposed to be in an appropriation conference this morning over in the House; I could not do that; I had to leave my proxy. So we will just have to proceed and take up the time we have allotted to this today and tomorrow whether others can attend or not.

The Chair would like to make this brief, opening statement.

The subcommittee today is reopening the hearings on legislation for general revision of the copyright law, S. 1361.

Some commentators in recent years have expressed concern that the Congress has too frequently yielded the initiative in legislative matters to the executive branch of the Government.

The legislation that is before us today is exclusively the work product of the legislative branch of the Government and despite the many other pressing demands upon the time of the Members of Congress, I think it is appropriate that we now undertake to process the pending bill which incorporates a copyright revision program.

The subcommittee has previously held 17 days of hearings on copyright revision, during which time we received testimony from approximately 150 witnesses. A number of public and staff conferences were held subsequent to the earlier hearings.

So now without objection, the Chair directs that the previous hearings on S. 1006 of the 89th Congress and S. 597 of the 90th Congress be incorporated by reference as part of the proceedings on S. 1361.

Action on copyright legislation has been necessarily delayed awaiting a resolution of several issues, most notably the formulation by the Federal Communications Commission of a new cable television regulatory scheme. This has now been accomplished through the able leadership of Chairman Dean Burch.

Now today and tomorrow we will hear testimony of witnesses on
selected copyright issues, concerning which there have been develop-
ments since the previous hearings. There are a number of other con-
troversial issues in this legislation and these will be further reviewed
by the subcommittee as the bill is processed.

Mr. Counsel, do you have any statement before we proceed?

Mr. BRENNAN. Yes, I do, Mr. Chairman. I request at this time that
the notice of this hearing to be followed by the text of the bill, S. 1361,
be printed in the record.

Senator MOCLELLAN. The notice of the hearing and a copy of S. 1361,
the bill under consideration will be printed in the record at this point.

[The notice of the hearing and a copy of the bill, S. 1361, follow:]

(Congressional Record-Senate, July 10, 1973)


Mr. MCCLELLAN. Mr. President, as chairman of the Subcommittee on Patents,
Trademarks and Copyrights I previously announced that the subcommittee would
reopen the hearings on legislation for the general revision of the copyright law,
S. 1361, to receive additional testimony on selected issues.

The dates and issues of the hearings are as follows: July 31, morning-library
photocopying; July 31, afternoon-general educational exemptions; August i,
morning-cable television royalty schedule; August 1, afternoon—carriage of
sporting events by cable television, and August 1, afternoon-religious broad-
casting exemption.

The hearings will commence each day at 10 a.m. and 2 p.m. in room 1114 of the
Dirksen Senate Office Building.

The subcommittee will allocate time to the principal representatives of the
various points of view on each issue. Those who cannot be accommodated during
the hearings may submit written statements for inclusion in the record.

Those who desire additional information should contact the staff of the sub-
committee at 225-2268.

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