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THE WELK MUSIC GROUP

1299 OCEAN AVENUE, SUITE 800, SANTA MONICA, CALIFORNIA 90401 (213) 451-5727/870-1582 TLX181915

Dean Kay
Executive Vice President
General Manager

December 10, 1985

The Honorable Arlen Specter
United States Senate

Washington, D. C. 20510

Re: S.1384

Dear Senator Specter:

Following my appearance at the hearing of November 20, 1985, I
forwarded to other music publishers the statements submitted by
me and all of the other witnesses.

I have now received, in response, letters that concur in my
presentation.

In several instances, the letters also provide further illustra-
tion of the role of the music publisher and additional reasons why
the derivative works exception should not be amended.

I am enclosing copies of letters received from:

Warner Bros. Music;

Chappell/Intersong Music Group U.S.A.;

Famous Music Publishing Company;

The Lowrey Group of Music Publishing Companies;
Peer-Southern Organization;

September Music Corp.;

Shapiro Bernstein & Co., Inc.;

Jøbete Music Co., Inc.;

CBS Songs, Inc.; and

Acuff-Rose Songs

I respectfully request that my letter and these responses be made
part of the hearing record.

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T.B. HARMS COMPANY (ASCAP) VOGUE MUSIC (BMI) BIBO MUSIC PUBLISHERS (ASCAP) HALL-CLEMENT PUBLICATIONS (BMI) SOMEBODY'S MUSIC (SESAC) JACK AND BILL MUSIC COMPANY (ASCAP) HARRY VON TILZER MUSIC PUBLISHING COMPANY (ASCAP) CHAMPAGNE MUSIC CORP. (ASCAP)

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Thanks for sending me a copy of your statement to the Subcommittee on Patents, Copyrights and Trademarks of the Senate Judiciary Committee (as well as the other statements and submissions pro and con, including those of Barbara Ringer, Irwin Karp, and others).

Ralph Oman, Richard Colby,

result

We at Warner Bros. Music believe that the U. S. Supreme Court decided Mills Music correctly, and that this should not now be overturned legislatively.

Best regards,

Chuck Kaye

A Warner Communications Company

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I have read the statement of your position which you presented on behalf of music publishers at the November 20th hearing of the Senate Judiciary Committee Subcommittee on copyrights chaired by Senator Arlen Specter (R-PA) relating to S. 1384, the bill to legislatively reverse the United States Supreme Court in the Mills Music case.

I think the statement covers all of the important aspects of our role as music publishers and I was particularly interested in the fact that the two writers you quoted, Burton Lane and Marvin Hamlisch, have both had long-term agreements with Chappell.

There is absolutely no question in my mind that Welk Music's activities as well as those of many other publishers, including ourselves, have made it possible for songwriters to hone their skills and reach varying degrees of success in our business.

I heartily support the position you presented at the

hearing.

IZR/mas

Best regards,

810 Seventh Avenue New York, NY 10019 (212)399-6920 (TELEX 421749)

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We support the position you presented on behalf of music
publishers at the November 20, 1985 hearing of the Senate
Judiciary Committee Subcommittee on copyrights charied by
Senator Arlen Specter (R-PA) relating to S.1384-the Bill
to legislatively reverse the U.S. Supreme Court's opinion
in the Mills Music Case.

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I support wholeheartedly the position you presented at the Senate Judiciary Subcommittee Hearing chaired by Senator Specter.

The publisher and composer truly are on-going partners. As you are aware, we are publishers of some of the big songs to come out of the South: "I Never Promised You A Rose Garden," "Stormy," "Traces," "Games People Play,' etc. Renewals have come up only on two songs in our young catalogue: "Young Love" and "Be-Bop-A-Lula." The renewal on "Young Love," which was Number 1 all over the world were readily assigned to us by the writers who are still living. On Be-Bop-A-Lula, which also was a worldwide hit, we had to deal with their heirs who were not familiar with all the work we had done as publisher in popularizing the song and that we were solely responsible for the writer and father having a recording contract at Capitol under the name of Gene Vincent and The Blue Caps. The living writer, Bill Davis, readily assigned the renewal to us, while it took many months dealing with ambulancechasing lawyers knowing the renewal was due who had preyed on the youngsters as heirs. One was setting up a Publishing Company, which he was half owner of to publish the song. We finally resolved it, but with much concern by all of us who worked so hard to make the song the success it has been. We would truly have been upset if we thought the rewards for all the work we had done in the field of motion pictures, television, other recordings, etc., would be the property of someone who, in fact, had nothing to do with the song.

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