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Mr. TENZER. Mr. Chairman, it is the quality of the statement that counts, not the numbers at the witness table.

Mr. KASTEN MEIER. Well stated, Mr. Tenzer.

Mr. QUAYLE. I will leave that to your judgment.

STATEMENT OF DONALD R. QUAYLE, EXECUTIVE DIRECTOR, EASTERN EDUCATIONAL NETWORK

Mr. QUAYLE. Mr. Chairman, I am Donald R. Quayle, appearing here today as executive director of the Eastern Educational Network, a regional network whose membership includes 17 educational television stations, 2 production centers, 3 organizations planning for the construction and operation of ETV stations, 7 State departments of education, and 2 national television networks. A list of this membership is attached.

Mr. KASTENMEIER. The attached exhibit A will be received and made a part of the record, without objection.

Mr. QUAYLE. Thank you.

(The material referred to follows:)

EXHIBIT A. EASTERN EDUCATIONAL NETWORK

MEMBERSHIP LIST, JUNE 1, 1965, AND AUTHORIZED REPRESENTATIVES

CLASS A-BROADCASTING STATIONS

WETA-TV, channel 26, Washington, D.C. William J. McCarter.
WHYY-TV, channel 12, Philadelphia, Pa. Warren A. Kraetzer.
WITF-TV, channel 33, Hershey, Pa. Lloyd E. Kaiser.

WPSX-TV, channel 3, University Park, Pa. Marlowe Froke.
WQED, channel 13, Pittsburgh, Pa.
WNDT, channel 13, New York, N.Y.
WMHT, channel 17, Schenectady, N.Y.
WNED-TV, channel 17, Buffalo, N.Y.
WEDH, channel 24, Hartford, Conn.
WGBH-TV, channel 2, Boston, Mass.
WENH-TV, channel 11, Durham, N.H.
WCBB, channel 10, Augusta, Maine.
WMEB-TV, channel 12, Orono, Maine.

Donald V. Taverner.
John W. Kiermaier.
Donald E. Schein.
Leslie C. Martin.
Ben A. Hudelson.
Hartford N. Gunn.
Keith J. Nighbert.
E. B. Lyford.

John W. Dunlop.

CLASS B-PRODUCING ORGANIZATIONS

Philadelphia public schools. Martha A. Gable.
Twenty-one-inch classroom, Boston. William F. Young.

CLASS C-DEVELOPING AREAS

University of Massachusetts, Raymond Wyman.
University of Vermont, Raymond V. Phillips.
Lehigh Valley ETV Corp., Sheldon Siegel.
West Virginia University, C. Gregory Van Camp.

CLASS DSTATE EDUCATION DEPARTMENTS

Connecticut Department of Education, William H. Flaharty.
Maine Department of Education, Philip A. Annas.
Massachusetts Department of Education, Thomas J. Curtin.
New York Department of Education, Hugh M. Flick.
Pennsylvania Department of Public Instruction, Marcus Konick.
Rhode Island Department of Education, Robert P. Danilowicz.
Vermont Department of Education, Max W. Barrows.

CLASS E-NATIONAL NETWORKS

Canadian Broadcasting Corp., Frederick B. Rainsberry.
National Educational Television, Gerard L. Appy.

Mr. QUAYLE. We have been working with the Joint NET-ETS Music and Copyright Committee in an effort to arrive at a cohesive educational policy on the pending copyright revision proposals.

The Eastern Educational Network was incorporated as a nonprofit, charitable organization under the laws of the Commonwealth of Massachusetts on February 9, 1961. The purposes of the network were and are:

To promote education by preparing, producing, reproducing, disseminating, furnishing, relaying, and otherwise assisting and cooperating with others in the broadcasting by television and disseminating by other means of historical, literary, artistic, musical, scientific, medical, educational, cultural, and informational materials and programs and reproductions thereof, and permitting the use of the same by others ***

The network engages in many activities to accomplish these purposes. The most important function is in the area of programing. The primary principle upon which the programing function of the network is dependent for successful operation is that of free exchange. A modest network staff, supported by membership dues, serves, primarily, a coordinating function. Programs are contributed free of charge by each member station and made available free of charge to all member stations. Seven of the stations are interconnected by microwave and receive practically all EEN programing via this interconnection system. The other 10 stations receive the programing by mail shipment of video tape or film recordings. The successful operation of the network is dependent upon our ability to make these recordings of programs available for all stations' use.

The programing made available to EEN member stations falls into three main categories: (1) instructional programs intended for viewing in the classroom, (2) instructional programs intended for viewing outside of the classroom, (3) general cultural and informational programing for viewing by an "at home" audience. On the basis of free exchange EEN member stations have available for their broadcast 12 series or 77 hours of category 1 programing, 6 series or 90 hours of programing classified under category 2, and 25 series or approximately 240 hours of category 3 programing.

All of this programing is evaluated based upon its being appropriate for broadcasting throughout the northeast region of the United States encompassed by the EEN. We have found that many programs produced originally for local use only are suitable for use by ETV stations in other cities. A good example of this is the "Kindergarten" series produced in Pittsburgh which is being broadcast by practically all EEN stations. No ETV station in the country has sufficient financial, staff, or program resources required to provide a meaningful, significant program service for its many audiences. It was this need to share or combine the resources of ETV stations in the Northeast that led to the establishment of the Eastern Educational Network. The EEN provides the means whereby the required production responsibilities can be distributed among

several stations; the results of which can be made available to all stations.

A primary objective of the network is to complete the physical interconnection of all EEN member stations. This will make possible the transmission of different kinds of programing, especially timely materials, and will certainly expedite the distribution for simultaneous broadcast by all stations of the type of programing now available only on video tape or film. Even when fully interconnected, we will need to record many programs for later distribution to the stations and for reuse in subsequent years. Our present method of operation is, indeed, very similar to a live network operation limited only by the requirement of shipping recordings to some of the member stations.

The instructional television activities of the network have been made possible, for demonstration purposes, under a contract from the U.S. Office of Education under the provisions of title VII of the National Defense Education Act. The provisions of this contract do not allow for production or acquisition of ITV program materials but have served to demonstrate the feasibility of identifying, evaluating, and exchanging instructional television programs of high quality throughout the northeast region of the United States.

The most urgent reasons for our being able to record and make multiple copies of educational television programs are to eliminate unnecessary duplication of time, effort, and production expenses, and to allow for the use of the program by several stations as well as its reuse during ensuing years as long as the material is not out of date. To require a teacher to re-do, in its original form, each program every year is an inefficient use of teacher time and talent and does not take full advantage of the television medium. Further, to require that every station in our network has to produce its own program series on "Science for 7th Grade" would result in a total duplication of effort and a lower instructional quality than would be the case if they were all able to share one high-quality, well-produced series.

In this regard we wish to indicate that we fully endorse the revisions proposed by the Educational Ad Hoc Committee on Copyright Law Revision and the Joint NET-ETS Music and Copyright Committee. We must, however, request that additional revisions be made which will extend the proposed copyright exemptions to allow for the making of multiple copies of educational television programs for purposes of free exchange among several ETV stations and their reuse during subsequent years, provided that no such copyrighted material is sold or leased for profit, and that no direct or indirect private gain is involved.

What changes will occur in the present operation and future growth of our regional network if the proposed amendments are not incorporated in the current copyright law revision? The answer is not a happy one to contemplate. Faced with an insurmountable task of identifying each copyright holder and negotiating for users' rights together with the possibility of excessive royalty fees, we would be forced to produce programs using little or no copyrighted materials. The result would be substandard programing and would

seriously deter the development of our regional network. If the EEN were no longer able to perform a vital service for its members and ceased to exist, the burden of increased production responsibility would be returned to each station, causing their limited resources to be spread even thinner over a wider area. The result would be a lower quality of service which the stations could provide for schools, professional groups, and the public. The continued growth of existing stations and the construction and operation of new ETV stations in the northeast region of the United States would be severely limited.

I would, in closing, gentlemen, like to extend to the chairman on behalf of the manager of channel 26, WETA here in Washington, an invitation to have the entire committee visit the educational station here to see how they operate, to tour their facilities, and to be given a presentation of the kinds of television programing being broadcast by educational stations across the country, at any time at the committee's convenience.

Thank you.

Mr. KASTEN MEIER. Thank you, Mr. Quayle. The committee appreciates the invitation. I am rather inclined to doubt whether we will be able to take advantage of it but we can discuss that in executive session. I do want to say I appreciate the detail of the prospective difficulties you anticipate under the revision.

I would hope that the Register's Office might later be able to comment on whether or not your reading of the law is correct insofar as one might expect these difficulties to be visited upon you, and indeed I suppose educational television throughout the country, as a result of the revision.

This is an important question. I am glad you have defined it for us. Are there any questions?

Mr. TENZER. I would like to have some additional information to understand the function of your organization. You speak of the fact that the Eastern Educational Network is a nonprofit corporation? Mr. QUAYLE. Yes.

Mr. TENZER. A charitable organization, consisting of 17 educational television stations and two production centers. Who operates the production centers?

Mr. QUAYLE. This is the 21-Inch Classroom in Boston, Mass., which is a separate corporation of the State Department of Education with primary purposes for instructional programing only. A similar situation exists in Philadelphia.

Mr. TENZER. Who are the three organizations planning for construction and operation of ETV stations?

Mr. QUAYLE. These consist of the University of Massachusetts, the University of Vermont, which will be a statewide network system, and West Virginia University.

Mr. TENZER. All public educational organizations?

Mr. QUAYLE. Yes.

Mr. TENZER. The funds to take care of your budget and operating expenses are contributed by the 17 educational TV stations.

Mr. QUAYLE. And the rest of the members under a dues system. Mr. TENZER. Under a dues system?

Mr. QUAYLE. That is right.

Mr. TENZER. Do you have a published financial statement indicating the size of your organization and the size of the budget?

Mr. QUAYLE. Not with me but I can send that or I can give you round figures at this time.

Mr. TENZER. I should like to have that, Mr. Chairman, because it is very likely that we may be questioned about it when we reach our full Committee on the Judiciary and perhaps when we reach the House. I think we ought to have that documented. Will you make provision that this may be received and added to the record at this point?

Mr. KASTENMEIER. Yes. You will present this to the committee, Mr. Quayle?

Mr. QUAYLE. Yes.

Mr. KASTENMEIER. Without objection it will be received and made a part of the record at this point.

(Subsequently the following was received:)

EASTERN EDUCATIONAL NETWORK,

July 27, 1965.

Mr. HERBERT FUCHS,

Counsel for the House Judiciary Committee,
Subcommittee No. 3,

Washington, D.C.

DEAR MR. FUCHS: Enclosed please find copies of pages 767 through 778 of the transcript of hearings on proposed revision of the copyright law. I have made some corrections in the Q and A portion of my testimony which should appear in the final transcript.

I am also sending you a functional chart and statement on staff personnel to show the line of responsibility for activities of the network, together with a financial statement as requested by Mr. Tenzer. This material should be selfexplanatory, but if it is not, I will be happy to answer any questions that may arise.

On page 772 of my testimony I request additional revisions which would allow for the making of multiple copies, on video tape or film, of educational television programs for purposes of distribution to our member stations. I am enclosing with this letter the specific language which we feel should be included in the revised bill. I would appreciate your inserting this language as an exhibit to my statement.

Some of the members of the committee seemed quite interested in the possibility of our organization serving as a "clearinghouse" for our member stations. This would be quite impossible for many reasons. It would require a much larger staff than we now have, and the expense could not be justified. The delay in receiving the information from the station, investigating and securing the clearance and transmitting that information back to the station would be prohibitive. We could not negotiate for reasonable royalty payments on behalf of the stations, since we couldn't commit their funds.

From a logistical point of view it would be wholly unworkable.
Please excuse my delay in getting these materials to you.

Sincerely yours,

DONALD R. QUAYLE, Executive Director.

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