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o consumers should pay copyright royalties based on the programming

they receive not the size of the town they live in. Currently

consumers in small communities must pay a greater rate for the

second and third distant television signals than consumers in

large metropolitan areas,

In other words, cable consumers must

pay more dearly for diversity if they happen to live in small

cities.

Consumers should be treated equally, regardless of the

size of their communities.

o consumers should not over-pay copyright royalties. Currently,

consumers must pay royalty fees for distant signals based on the

revenues from the tier of programming services which includes

those signals.

Yet, typically, these tiers include many made

for-cable programming services such as C-SPAN, Cable News

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coopersa tion for those signals and provide windfall money to

copy right holders for the programming carried on distant signals.

Consumers should pay a fair rate for each service they purchase.

o Consumers should nct again be victimized by an unsuided copyright

Royalty Tribunal

Congress should establish standards and

procedures to be followed by the CRT in a rate adiustment

proceedings

In setting the level of cable copyright liability,

the CRT performs an essentially legi slative function; but does so

with very little substantive guidance from Congress.

In 1982,

the only time that the CRT has conducted a major rate adjustment

proceeding, the public's interest in access to a diversity of

programming at reasonable rates was subjugated almost entirely to

the interests of the movie studios and other program creators.

Congress should instruct the CRT as to the methods to be used in

any rate adjustment proceeding so that the interests of cable

consumers are given appropriate consideration and weight.

The

CRT should protect the legitimate interests of copyright holders,

cable systems, and the public.

Congress should also insure that the CRT has funding and staf!

adequate to accomplish these important goals.

Is the members of the Subcommittee know, we are at a critical juncture

in tbe administration of the Act.

The CRT may again this year consider the

rates charged for cable retransmission of distant'television signals.

I

consumers are to benefit from the broadest possible diversity in programping

choices, some changes clearly must be made.

NCTA

tands ready to work with

the Subcommittee, the CRT, and the Copyright orfice to bring the systes back

into balance in order to protect the legitirate interests of cable systes,

copyright holders, and

most important

consuers.

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With the abrupt de parture of Marianne Melee Hall as chairman of the
Copyright Royalty Tribunal, the entire status of the Tribunal has come
into focus. I pipecially share your concern because, you see, I have
bren under consideration by the President for appointment as a Commis-
sioner of the Tribunal, for quite some time.

The truly scary asipacte of the Tribunal's status ase (1) that no pru! -
ident his ever asrointed to the Tribunal anyone with copy; ir t ex ri-
anca; and (2) The President, in a commandon), derire to reduce govern-
ment of nding, has attempted to limit the number of Commissioner: to 3
when it desperately needs the full complement of 5. After all, 'n are
talking aoout the disposition of billions of dollars of royalties are
ver the yrars...a division not only among factions of opposing, goaj.5
but among recipients envious of what other recipients receive.

To the best of my knowledge I'm the only person under consideration as
a Commissioner who has had direct music and literary copyright exper-
icnce (I operated publishing enterprines for more than a quarter-cen-
tury) and I understand that Senator Wilson and Congresoman adham tave
both urged the ironinent to consider me upon the aforesaid basis, amons
others.

I should be delighted to come to sshington at my expense to testify
in connection with the need for the Tribunal and for "xperienced come
mi: onrrs at any time you find that need for such commentary.

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Disney stockholders Assn. of Film Commissioners meets in Chicago win in L.A. court re Steinberg injunction

si ale appeals court in I os Angeles up 'Gimme a Break's'.
roline the nicu Fora financier garSweet dies at age 65 thai a commitice of major

Arkansas being a commissioner, according :

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Copyright Tribunal under close scrutiny

By DAXI) JANDA

lett, Illinois film commissioner and hanlc is over." CHICAGO - The 10th annual con- hoc of Cincroyum 'X5, in pleased Joc O'Kanc. Sen les film umni vention of the Assn. of Film Comnus

with this car reuord turnout, Honet, moecd. "There in chemi, sioner got under way yesterday with By PAUL MAI

hoc Class, director of the film office book, that caches how to be a fili son 10 ommissioners

rom across Disney stockholders won another

in Arkanvas - the state that pul itself commissioner. You ha c to he ambi the United States, Puerto Rico, the round Wednesday in the Saul Stein

on the map by offering a 56 produc dextrous. You must have the lobbyin Virgin Islands and Canada, Suzy Kel. here "greenmal" court case when a

tion rchaic - announced plans for yet shill of a polutanan. be a budget dire

another effort hy his staic to promote for and tour guide." neid a lenser court injunction Ireering

production.

Cutting through all she hurcautas

(ilass told The I lollywood Reporter and red tape is the hardest part aced in his hostile la cover attempt

Periph Swert. 65. died May, atici

bankers, investment counselors, or Walt Disney Prock.

Arvona', Bill Ma C'allum. "l1 is a 24.

CTAs and lawyers will meet June 22 hour job." Stating that the stockholders have a long illness. Born in New York City. a "reasonable chancca 10 prove that he grew up in Northpost. Long Island

to discuss funding independent pro- Once the red tape has been cul Disert's hard of destors solated and was schucated at the Unis, of Ala- dation. He foresees a $210 million working with heal merchants and

financial pool in hrined by local proa lidmat selain dagoSerrad i tamna anu ('nlunabia Colleprat

residents has its own mohlcms. Keu ir tuuace Earthinson and iwo Columbia tms., where he canned an Jucers for first quarter o forse half Buchanan, town manager of Ilorcakt. other judpes on the panel ket vand a M.A. * 'English and wompasaing.

monc) on low-budget independent Aru.. cacd an unham utual on his

fcours. Ile cuinates that four or Los Another Serie Tout prelimi drutur. Taking a "lemparang guste

lown had when a TV production com nery injunction isted last July that after World War II * an English five films a scar could be gencrald rany asked to shut down Mann Stet

in Arkansas in this manner, requires Steinberg to held 573 million teacher, mach and director of plays

during the height of the Christmas in itm pending the mutcome of the at Harnard College of Columbia First day workshops, panch and welling scavon, Merchants *ce to

seminar Cincontrato on her filan Nes, mught by the stockbriders Univ., he wayed for 12 year, men

the erect would be cind for about

commnsioners could cut through 15 minutes of film time. That 10 kains Steinberg sou the Disney Peally becoming head of the college's board Jirait drana division. hurcauracy and work with their

over a weck. "We think it's bandmark decision With anore than so thcatre roles to communities.

Buchanan said the town learned in in that in the first of as kind 10 de his credit, the Broadway shows m. Lucy Salenger, Illinois Film Orrier

a hurry and now is more sophis. clare greenmail illegal." scartholder compared "Rhinoceros," "Surcam- consultant, said, "Dollars talk. Once caled. The recent shooting of Alunalternes Michael Hermigan said.

ers," "The Penny War," "Thc Sign your searc legislature or city political phy's Romance" in Ilocnc has per Hennigan sand he therught the court in Sidney Bruvicin's Window," and hody rangnire how much money can crated more than 5 million and s:

be brought into a wate and how many decision call have a chuling orect the muskal Billy." His fcature films

million in neart Moe "The roskal non hom lakeme alienpes, "I think include "You're a Big Boy Now.'

extra jobs and service can he gener. uals outweigh the inconvenient," tk the (14%**tu a mers that it's going

"I leaven Can Wail." "Which Waris atal hy on lewatku filming, hall your wid. 10 ba tmazh in California lo creace in Up?" and "The New Centurions." the mucol greenmail. ir

Sweet most recent role was that of you ir lalake me a company. Carl Kanisks. police chic on Gimme

BTIERE, SA MCMASTERS Ty Tribunal There are now only the unadhtit en Ihresh with it be a Urcak." Additionally, he had made

WASHINGTON With the denar. asemherskelt at the fine-member rank 1 caux su are not going to sell your

more than 70 appearances on prime. ture of Marianne Mclc Ilall as chair. that makes derruns on how to parent shares out at a premium," he said.

time TV productions. He also porr. man of the troubled Copyright Royal- out somc 5100 million a year it collect In the opinion of the three justices, trayed Gil on the daytime series Disncy management was acting to "Another World" for four years,

Hall resigned from the CRT WE protect itsell, not the shareholders, A mcmorial service will be held on

nesday under pressure from the Whit when it paid a total of 577 a harc for May 11 21 2:30 p.m. at St. Rridget of

House after a congressional uprops 323 milhon) to buy back Sicinherg's Swollen Church, 7100 Whitaker Ave. Excnc Cervenka, vocalist and lyri- over her role in editing a booklet th: 12% interest in the company. Ai thc in Van Nuys. His costar from cist for acclaimed L.A. rock act X and was derogatory to blacks and after came time the judges devided Stein- "Crimme a Break," Nell Carice, will its offshoot country-folk band the several members of the Ilouse Judi: here, as the major soci holder, vio deliver the culogy. He is survived by Knillers, will star in a William Fried- ary subcommittee quellioned not onl lated his duty to the other 60.000 his wife, actress Iris Braun. In licu of kin-directed segment on the urinming her ability to do a fair job but whether shurcholders. Numers, donations can be made to the CBS "Twilight Zone" TV series. Ac.

thc CRT was able to function at all Disncy spokeman Ben (hevet American Cancer Society.

cording to cracutive producer Phil piven the lack of carettise its meinbe. wid, This r a long-term ihing. The

Delivere, however, the casting coup have in copyright laws,
doesn't mcan the program will be

Her resignation prompted Rep. Both We're still waiting for this case to be

"front-faded with names you see on

Kastenment (D-HR.), chairman of the MTV" to attrat a young, pop music.

Hour subcommittee with jurisdiction has yet been cl." At preselink, at

oriented anklicne

over copyright matters, to question fewn low Sicinberg lal next Towned David L. Wolper will proxime a

Nevettliches, while curte ay Whac lloc ampuniments and the phone calls.

three-lau icllcature fox ABC based the revived Twilight Zone" in " qualification ol those made to the
on "Times of My Life," the audio
like 'Aliami Vice.' " he has commin.

(RT.lle uid, "We need to consick ABC tags Burnett graphy of former First Lady Betty

sioned the (irateful Dead to do the whether the tribunal can vischarge the NEW YORK - Carol Burnett will Ford. The film will be produk in

show's theme musk, which he de dulics imposed on it and whether in car in her fir comech vunal for asuviattom with Warner Bros. TV.

scribes ar "rentially ahviral, and shoukl he reformular dominalcu. 11. ABC a during the 19h wason.

Karen llall will adapt "Times of

noi a por tunc. "DkCiucic packed the subcommitice intends to look into it This iial with chon case the My Life" for TV.

Dead because they're world-re- in the near future." mique tange ul Carol Horneti's per

Wolper noted that he had been nowned experts in the Twilight Hall's departure leaves only Ed forming talents. Joining Burnett will trying for five ycars to convince Betty

Zonc."

ward Ray and Mario Aguero out be various pracst stars (1o be an- Ford to allow a TV Version of her In the Friedkin-directed segmem. what is supposed to be a fine-memhci nounced shortly), in a stylish and book, and he was "delighed" that she litled "Night Crawlers," C'ersenka commission, Ras, who has been with contemporary onc-hour program. has finally agreed to do it.

puraya wale welchers whethe (RTime 19, a lawn Treutwe
enamumers the glows of Vatem product and destru AFUTE
cunning back to lile," arrowding to who winch he tribunal one year ago
Deckte, who claims thc rokas at. Ka Cuban immigrant and former pre
ing is a first-rate, cxcellent and may ducer of TV and concerts.
even schut the series this fall

Sen. Charles Mathias (R-Md.: The exercise modret stred that chairman of the Senate copyright syn.

emitir FIRSARIOR INT171 P* T10947 r

Sin the

Cervenka inks for in copyright royalty lees. ‘Twilight Zone' TV

Sicindere grous mas dende o areal. Wolper to produce vecicka m the bruct cinert and no date Ford bio for ABC

VIDEOTHEQUE

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As you know during the 98th Congress, our Subcomittee devoted much time and attention to examining the operations of the Copyright Royalty Tribunal. Hearings were held and ultimately a bill was favorably reported (H.R. 6164) that, in large part, was designed to improve the functioning of the CRT. in. brief, H.R. 6164 authorizes the Tribunal to hire an economist and a general counsel, reduces the number of comissioners from 5 to 3, sets forth objective criteria that the Tribunal shall consider in setting copyright royalty rates for retransmission of distant signals by cable television, and modifies the current law relating to judicial review of final Tribunal decisions..

We would like to solicit Tribunal comment on the sections of H.R. 6164 as they relate directly to your agency. You need not take a position on Title II

of the bill, which sets forth provisions concerning retransmission of distant . signals and tiering.

As regards the staffing needs of the Tribunal, we are cognizant of the
fact that funds have been legislatively appropriated for the past two years.
We fully expect the Tribunal to respect the will of the policy-making branch in
this regard, and to hire a general counsel and an economist.

In our capacity as ranking members on your oversight Subcommittee, we will
persist in our efforts to focus on the staff needs of the CRT through legis.
iative hearings and oversight. However, since you already have the funds
available to take action, it is our opinion that additional legislative author-
ization is not necessary prior to your hiring a staff.

In conclusion, the Copyright Royalty Tribunal is already six years old: a relatively mature age for government agencies. The days are long since past when arguments could be presented to courts or Congress that the youth of the CRT meant that it was entitled to more deference, to be less responsive to the tax dollar and the public interest, and to render a less than satisfactory work product.

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