about the nature of copyright as exclusive private property, or about the moral obligation of educational broadcasting to the creative individual, or vice versa. Suffice it to say that the very narrowness of the educational television exemptions that we are seeking indicates concurrence in the general principle that creative individuals are as entitled to compensation for their efforts as are all others engaged in educational television. But what we cannot accept is any undue impediment to the use of copyrighted resources for bona fide educational purposes, whether due to demands for excessive royalties or the difficulties of complicated clearance procedures. The average local teacher is not in a position to determine the copyright status of each and every instructional item used in a television lesson, and if she can, has neither time nor funds to obtain clearances from all of the publishers concerned. This means that the unadventurous teacher would be deterred from creating the kind of interesting lesson that educational television is especially designed for the ingenious teacher, who refuses to be so hampered, would inevitably be turned into an educational bootlegger. Nor can the average educational television station itself help: few can afford expert clearance staffs; fewer can afford the frequent consultative services of a copyright lawyer; none can afford sizable clearance fees. But without any educational television copyright exemption, that is exactly what might well be required by the complexities of the publishing business today. The music industry, for instance, has probably one of the most organized clearance structures in the United States. And yet the musical copyright hegemony is enough to make any individual station despair of ever complying with the letter of a strict copyright law. At least three large organizations-ASCAP, BMI, and SESAC-independently license musical broadcasting rights nationwide. Completely different agencies license recording and synchronization rights in the same music. Dramatic rights are generally licensed by individual publishers for both broadcast and recording purposes. Instrumental parts for orchestral groups on television are licensed separately from performance rights; translations of lyrics are often licensed separately from scores. The result is that should the present educational television exemption be discontinued, each local educational television station would be faced with finding its tortuous way through an unfamiliar quagmire of musical clearances before many copyrighted notes could come clearly over the airwaves. The clearance problem is equally difficult in the literary field. In the absence of centralized clearance agencies, each publishing house must be individually identified, contacted, and negotiated with for the use of its catalog. No uniform practice or fee standards have been developed for educational television; all too often clearance requests are refused, ignored, or processed more slowly than educational television production schedules permit. The result has been that only a few comprehensive literature series have been produced for educational television broadcast even under the present law. If we can go to exhibit D, we asked our Pittsburgh station to monitor its weekly schedule in an effort to find out something about what copyright uses now appear on the air in educational television programs. They had their staff to do it at considerable expense. They are not experts. They asked the staff to watch each program and simply note what seemed to be copyrighted items that would need clearance. I think the result is quite interesting. If you will look at the number way down at the right-hand corner here, you will see that the total number of what they took to be possible copyright uses which would at least have to be investigated, if not cleared, was 563 during the week. This does not include repeat programs, of which they had many. This does not include interstitial music between programs. These are actual program music. Of the 563, if you add up the last 2 columns, you will find that over 300 are in programs which are originally produced outside of the station, either by National Educational Television or the Eastern Network, or some other source. But that still leaves a considerable number of local uses that would have to be cleared initially by the station during the week. I wish we could do a much more comprehensive and probably more accurate study. This was done on an extremely ad hoc basis. At the present time, we simply don't have the funds or personnel to do it. I think it would be a worthwhile activity. This is a question of availability-not merely an issue of royalties versus free use or a dispute between creator and user. For by its very nature, educational television, itself creative, should be of as much concern to the author as the use of the author's work is essential to educational television. We would very much hope that, as time goes by, the future interrelationship between the two will be cooperative rather than antagonistic, complementary rather than divisive, to the ultimate benefit of the American people. In short, we quite agree that an appropriate balance can and should be struck in the copyright law between the private interest of the author and the public interest of educational television. We feel that only with our proposed amendments, however, will the new Copyright Act permit that balance to be maintained in the years of educational progress ahead. Thank you. (The exhibits to Mr. Aleinikoff's statement follow :) EXHIBIT A The Joint NET-ETS Music and Copyright Committee is currently made up of the following membership: David M. Davis, assistant general manager for Television Station WGBH-TV, Miss Rhea Sikes, director of school services, Station WQED, Pittsburgh. Curtis W. Davis, director of cultural programing, National Educational Television. Eugene N. Aleinikoff, general counsel, National Educational Television. The committee has been appointed jointly by NET, the national ETV network. and by ETS, the ETV station division of the National Association of Educational Broadcasters, to advise and represent the ETV stations affiliated with NET and/or members of ETS on music and other copyright maters-including these copyright revision proceedings. EXHIBIT B EDUCATIONAL TELEVISION STATIONS AND STATE OR REGIONAL GROUPS NOTE.-All stations listed below are currently on the air, unless otherwise noted. Alabama WCIQ, WBIQ, WDIQ, WAIQ, WEIQ, Birmingham, Ala. Raymond D. Hurlbert, general manager. Arizona: KAET, Arizona State University, Tempe, Ariz. Robert H. Ellis, director of broadcasting. KUAT, Herring Hall, University of Arizona, Tucson, Ariz. Dr. Ben C. Markland, manager and program director. Arkansas: Arkansas ETV Commission,' Little Rock, Ark. Lee Reaves. pects to have first station on air by September 1965.) California: (Ex The Governor's Advisory Committee on Educational Television,' Department of Finance, Sacramento, Calif. Dr. Lawrence T. Frymire. San Joaquin Valley Community ETV Association, Fresno, Calif. Rod Gib son, executive director. (Anticipated air date late 1965, or early 1966.) KCET, Hollywood, Calif. James Robertson, vice president and manager. KIXE, Northern California ETV Association, Redding, Calif. Martin Jacobson, director of development. KVIE, Sacramento, Calif. John C. Crabbe, general manager. KVCR, San Bernardino, Calif. Robert F. Fuzy, manager. San Diego State College, San Diego, Calif. Frank W. Norwood. (Anticipated air date-late 1965 or early 1966.) KQED, San Francisco, Calif. James Day, general manager. KTEH, county of Santa Clara, San Jose, Calif. Warren L. Wade, station manager. KCSM-TV, College of San Mateo, San Mateo, Calif. Dr. Jacob H. Wiens, director. Santa Barbara ETV Association, Santa Barbara, Calif. John Sink. (Anticipated air date-1966.) Colorado: University of Colorado, Boulder, Colo. (Anticipated air date-1966.) Richard H. Bell, director, radio-TV. Gerald F. Caduff, acting KRMA-TV, Denver, Colo. Russell L. Casement, executive director. Southern Colorado State College, Pueblo, Colo. director, ETV. (Anticipated air date-late 1965.) Connecticut: WEDH, Connecticut ETV Corp., care of Trinity College, Hartford, Conn. Ben A. Hudelson, general manager. District of Columbia: WETA-TV, Washington, D.C. William J. McCarter, general manager. Florida: Florida Educational TV Commission,' Florida State University, Tallahassee, Fla. William Galbreath. Florida Atlantic University, Boca Raton, Fla. Dr. Kenneth Rast Williams, president. (Anticipated air date: September 1965.) WUFT, University of Florida, Gainesville, Fla. Dr. Kenneth A. Christensen, director of television. WJCT, Jacksonville, Fla. Fred Rebman, general manager. WTHS-TV, WSEC-TV, Miami, Fla. George Dooley, general manager. WMFE-TV, Mid-Florida Educational TV, Orlando, Fla. A. F. Edmunds, director of ETV. WFSU-TV, Florida State University, Tallahassee, Fla. Edward L. Herp, director of broadcasting. WEDU, Tampa, Fla. R. Leroy Lastinger, general manager. University of South Florida and Florida ETV Commission, Tampa, Fla. Dr. G. C. Eichholz, director, Division of Educational Resources. (Anticpated air date: January 1966.) Georgia: WGTV, Center for Continuing Education, University of Georgia, Athens, WETV, Atlanta, Ga. Haskell Boyter, director and station manager. WXGA, WVAN-TV, WJSP-TV, Atlanta, Ga. Lee Franks, director, educational television. Hawaii Communications Center, University of Hawaii, Honolulu, Hawaii. Robert M. Reed, associate director. (Expects to have first station on air in early 1966.) Idaho: University of Idaho, Moscow, Idaho. Gordon Law. (Anticipated air date: June 1965.) Illinois: Department of Educational Television,' Office of Superintendent of Public Instruction, State of Illinois, Springfield, Ill. Dr. Robert M. Schultz, director. WSIU-TV, Southern Illinois University, Carbondale, Ill. Buren C. Robbins, general manager. WTTW, Chicago, Ill. Dr. John W. Taylor, executive director. Southern Illinois University, Olney, Ill. Buren C. Robbins. (Anticipated air date: 1966.) WILL-TV, Urbana, Ill. Frank E. Schooley, director of broadcasting and manager. Indiana: WTIU, Indiana University, Bloomington, Ind. George Johnson. (Anticipated air date: September 1966.) TV Unit, Purdue University, West Lafayette, Ind. James Miles, director, radio-TV. (First of eight stations expected to be on air in late 1965.) Iowa: KDPS-TV, Des Moines, Iowa. John A. Montgomery, manager. Kansas: Washburn University of Topeka, Topeka, Kans. Gerald K. Barker, director, ETV. (Anticipated air date: January 1966.) Kentucky: Kentucky Authority for ETV, Lexington, Ky. O. Leonard Press, executive director. (First of eight stations expected to be on air in January 1966.) WFPK-TV, Louisville, Ky. Kenneth F. Lam, ETV director. Louisiana WYES-TV, New Orleans, La. Arthur D. Cloud, Jr., general manager. Maine: WCBB, Bates College, Lewiston, Maine. Elmore B. Lyford, executive director. WMED-TV, WMEM-TV, WMEB, University of Maine, Orono, Maine. John W. Dunlop, general manager. Massachusetts: WGBH-TV, Cambridge, Mass. Hartford N. Gunn, Jr., general manager. Michigan: WTVS, Detroit, Mich. Dr. Paul B. Rickard, acting manager. WMSB, East Lansing, Mich. Colby Lewis, acting station manager. WCMU, Special Studies, Central Michigan University, Mount Pleasant, Mich. Charles B. Park, TV director. (Anticipated air date, spring 1966.) WUCM, Delta College, University Center, Mich. William J. Ballard. Minnesota : WDSE-TV, Duluth-Superior Area ETV Corp., Duluth, Minn. George A. Beck, president. KTCA, KTCI, St. Paul, Minn. Dr. John C. Schwarzwalder, general manager. Missouri: KCSD-TV, Kansas City, Mo. Zoel J. Parentau, program director. KETC, St. Louis, Mo. Robert J. Nissen, acting general manager. Nebraska : KUON-TV, University of Nebraska, Lincoln, Nebr. Jack G. McBride, general manager. Nebraska ETV Commission, Lexington, Nebr. (Lexington is first of six stations expected to be on air in late 1965, next station in Omaha.) New Hampshire: WENH-TV, Durham, N.H. Keith J. Nighbert, manager. New Mexico: KNME-TV, Albuquerque, N. Mex. Dr. F. Claude Hempen. manager. New York: University of the State of New York,' State Education Department, Albany, WNED-TV, Buffalo, N.Y. Leslie C. Martin, general manager. WNDT, New York, N.Y. John W. Kiermaier, president. WNYC-TV, New York, N.Y. Seymour N. Siegel, director. WHTV, ETV Council of State of New York, Syracuse, N.Y. Thomas Petry, director. (Anticipated air date: early 1966.) North Carolina : WUNC-TV, University of North Carolina, Chapel Hill, N.C. John E. WTVI, Charlotte-Mecklenburg Schools, Charlotte, N.C. Miss Dona Lee North Dakota : KFME, Fargo, N. Dak. Dr. Clair R. Tettemer, general manager. Ohio: Ohio ETV Network Commission,' Columbus, Ohio. E. H. Gillis, executive secretary. WOUB-TV, Ohio University, Athens, Ohio. Dr. Presley D. Holmes, general manager. WBGU-TV, Bowling Green State University, Bowling Green, Ohio. Dr. WCET, Cincinnati, Ohio. Uberto T. Neely, general manager. WVIZ, ETV Association of Metro Cleveland, Cleveland, Ohio. Alan Stephenson. WOSU-TV, Telecommunications Center, Columbus, Ohio. Richard B. Hull, executive director. WGSF, Newark Public Schools, Newark, Ohio. E. Dana Cox, Jr., general manager. WMUB-TV, Miami University, Oxford, Ohio. Dr. Stephen C. Hathaway, director of broadcasting. WGTE-TV, Toledo, Ohio. Harry D. Lamb, general manager. Oklahoma: KETA-TV, KOED-TV, Norman, Okla. John W. Dunn, director. Dr. Luke KOKH-TV, Oklahoma City, Okla. Dr. Mervel Lunn, director of television. Oregon: KOAC-TV, KOAP-TV, Oregon State College, Corvallis, Oreg. F. Lamb, director of educational media. Pennsylvania: Department of Public Instruction,' State Board of Education, Harrisburg, Lehigh Valley ETV Corp., Bethlehem, Pa. Sheldon P. Siegel, general man- WITF-TV, South Central Educational Broadcasting Council, Hershey, Pa. Lloyd Kaiser, general manager. WHYY-TV, WUHY-TV, Philadelphia, Pa. Warren A. Kraetzer, executive vice president and general manager. WQEX, WQED, Pittsburgh, Pa. Donald V. Taverner, president. WPSX-TV, Pennsylvania State University, University Park, Pa. Marlowe Northeastern Pennsylvania ETV Association, Wilkes-Barre, Pa. Walter C. Puerto Rico: WIPR-TV, WIPM-TV, Hato Rey, P.R. Jack Delano, general manager. South Carolina: WNTV, WITV, Columbia, S.C. R. Lynn Kalmbach, general manager. South Dakota: KUSD-TV, University of South Dakota, Vermillion, S. Dak. Martin P. Busch, director. Tennessee: WKNO-TV, Memphis State University, Memphis, Tenn. Howard D. Holst, WDCN-TV, Nashville, Tenn. Robert Glazier, general manager. State Board of Education, Sneedville, Tenn. Chester Hill. (Anticipated air date: 1966.) |