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TOP OF THE WEEK
Hall assailed for tract called racist
CRT chairman who began week
had extensive experience in industry. credited with being co-author
Synar also asked that the commissioners of controversial booklet ends
submit written answers concerning their week claiming to have had only
views on the compulsory license and the clerical role; she seeks to
CRT's 3.75% distant-signal rate hike decidisassociate from racist views;
sion. Hall, however, declined to comment House panel skeptical, questions
on the the 3.75% decision because Turner whether agency is 'broken'; other
Broadcasting has asked for a review of it and commissioners' attendance questioned
she was reluctant to comment until the pro
ceeding is completed. The effectiveness of the Copyright Royalty
Hall, Kastenmeier noted, had made a faTribunal and the competence of its commis
vorable first impression on the subcommitsioners were called into question last week
tee because of her "willingness to work" and by the House Copyright Subcommittee,
her interest in reforming the agency. Since which challenged the abilities and qualifica
the revelation of the book, however, Kastentions of CRT Chairman Marianne Mele Hall
meier said the subcommittee's concern about and Commissioners Edward W. Ray and
the tribunal and its effectiveness as well as Mario F. Aguero during an oversight hear
Hall's own “competence" had become an ising. Hall, who was the only commissioner to
sue. appear before the panel, also came under
During the hearing Hall presented some of serious criticism for her role in the creation
the views that have earned her a reputation of a controversial 71-page booklet called
as a CRT reformer. "I believe there is more "Foundations of Sand"-an association first
need for legislative reform at this time," she disclosed in BROADCASTING's April 29 is
said. Hall suggested that the chairmanship. sue.
which rotates from one commissioner to anIndeed, House Copyright Subcommittee
other each year, be made a permanent posiChairman Robert Kastenmeier said the tribu
vealed later, however, that only Hall was tion. She criticized the current system benal is in "dire need of reform." He said the officially invited. Usually, the chairman is
cause it makes it difficult for the CRT to subcommittee has a "classic case of a broken accompanied by other tribunal members.
"render a consistent internal policy." Moreagency on its hands." And, he added, "I The subject of the other commissioners'
over, Hall asserted the agency needs more don't know, at this time, whether the agency
absenteeism was raised. "Do the other comis broken beyond repair." missioners show up to work five days a week CRT, she recommended, also needs subpoe
professional staff and an economist. The Kastenmeier explained that the purpose of on a 9 to 5 basis?" asked Representative
na power. the hearing was to inquire into whether the Mike Synar (D-Okla.). "No, they do not,
In addition, she suggested that the agency agency generally is effective, whether the Hall answered. Their attendance record, she
needs closer coordination with the licensing commissioners' relative lack of expertise in noted, has "no consistent schedule or pat
division of the Copyright Office. “I believe copyright law has hurt the tribunal, whether tern." Synar requested a record of their at
the licensing division should report to our judicial review has been meaningful, and tendance at tribunal meetings.
tribunal," she said. "Do you think the tribuwhether the absence of clear guidance from
"Am I correct that the background of the
nal should be part of a larger agency; would Congress on how the tribunal should make other two commissioners is that one is of
that help?" asked Representative Carlos rate decisions creates a statutory defect that
Cuban descent who is a former Olympic bas Moorhead (R-Calif.). "I don't think that must be rectified.
ketball star and the other one is a Chuck "A recent article in BROADCASTING raised Berry road manager? Is that correct?" Synar independent," she answered.
would help; it could hurt. We need to be several of these questions," the chairman inquired. Hall replied, "No." "Do either one
Hall also discussed the size of the agency. continued. "The article also contained a dis
of them have background in the copyright of the five commission seats, only three are cussion of a book, 'Foundations of Sand,'
area?" Synar pressed on. Hall said they both currently filled. (A fourth member was authored by Dr. Lawrence Hafstad with
nominated last week (see box, page 45).) “I Marianne Mele Hall and John Morse. Ad
recommend three members. We don't need mittedly, Chairman Hall authored (or edited)
more decision-makers. We need more the article prior to her appointment by Presi
professionals," she said. dent Reagan as a commissioner. I have sev
Despite Hall's testimony on the CRT, the eral questions about 'Foundations of Sand'
subcommittee was more interested in the that I will ask during this hearing," he said.
book and continued to raise serious doubts For the most part, the hearing focused on
about her ability to serve on the tribunal. Hall's association with the book. One chap
Kastenmeier noted that when a public offiter—"The Minority Problem"-has drawn
cial in a federal position expresses these the most fire. It holds that "Black male
views," it becomes an issue of whether or youths have great difficulty overcoming
not she could continue in her job and maintheir millenia of breeding for short-sighted,
tain the "confidence of those who are affecthigh-energy solutions to problems. Their
ed by your decisions." race has skipped centuries of training which
Kastenmeier asked Hall what her role was has produced in other races the discipline,
in writing the book. She denied she was anyforesight and tolerance of drudgery, neces
thing more than an editor. "I was merely the sary for success in the agricultural and in
editor in an extreme ministerial position. dustrial ages in the temperate zones. ..."
Simply nouns, verbs, pronouns, dangling However, some members, including Kas
participles, sentence structure, she an tenmeier, addressed the subject of the overall
swered. The book, published in 1982, credcompetence of the agency and its commis
its "Dr. Lawrence Hafstad with Marianne sioners. There was even some concem ex
Mele, John Morse" as the authors. And acpressed as to why the other commissioners
cording to a certificate of copyright registrawere not present at the hearing. It was re
tion filed by Hall with the Copyright Office Broadcasting May 6 1985
TOP OF THE WEEK on Aug. 23, 1982, she is listed as one of agreed with the conclusions and why she had Schroeder (D-Colo.). "to say, 'Well, I did three authors and signed the document as the not disassociated herself from the book. Hall because it was my job; I thought it was still a "authorized agent" of the book. Hall, who said she did not agree with the conclusions, free country and we can pick and choose was confirmed by the Senate on April 2, also The CRT official argued that in the same jobs, '?" she added. listed herself as a “co-author" of the booklet sense she had edited "High Frontier: a New Later Schroeder asked Hall how she got in a swom statement submitted to that cham National Strategy," a study that proposed the the job. The CRT official claimed she was ber.
"strategic defense initiative that was later called in for an interview and hired. It was a Kastenmeier asked Hall why she identi adopted in part by the Reagan administra- reply that generated laughter from the audified herself as an author if she were only the tion. "Many of the hours I spent editing ence. Her name, she said, was in the White editor. Hall contended she considered her "High Frontier' I didn't understand what I House computer because of a resume she self a ghost author. "I didn't know what to was writing." And she claimed she didn't sent in 1980. “Don't you think your editing call it, I didn't know how to express it and I understand many parts of "Foundations of of these works looked philosophically apwas much younger. However, I never did Sand."
pealing to the White House? Schroeder any research or offered an opinion or drew Kastenmeier was also concerned about asked. “I think probably my teaching cre conclusions or indicated those views were Hall's affiliation with the High Frontier orga- dentials and copyright credentials were more mine. They are not mine, they are Dr. Haf nization. He asked if she realized the organi important," Hall contended. stad's."
zation is listed as a lobbyist. Hall explained That prompted Kastenmeier to query Hall But the chairman and others doubted her that she served as a director in the belief that about her copyright credentials. She told the assertions. “You were more than an editor, I High Frontier had tax exempt charitable sta chairman she has taught copyright at Northtake it. You were in fact a writer," Kasten tus and did not lobby. “I am not aware of the em Virginia Law School since 1979. "So meier said. But Hall insisted she had only problem you've uncovered," she told Kas- really your claim to copyright expertise at acted in the sense of a translator who writes tenmeier. On the whole, the congressmen least in terms of practice is pretty tenuous," sentences in English from a foreign lan- appeared dissatisfied with Hall's answers. the congressman said. "I've studied it a guage." The chairman wanted to know if she "Were you that hungry?" remarked Patricia great, great deal. I've done some copyright
There were repeated calls on Capitol Hill last week for the resignation of Copyright Royalty Tribunal Chairman Marianne Mele Hall for her association with "Foundations of Sand,' a book the lawmakers were calling "racist garbage (see story page 44). And as Hall spent the week trying to distance herself from the book, House members were mounting a campaign to remove her from the chairmanship And at week's end, Senator Charles Mathias (R-Md.), head of a Senate Judiciary Committee unit charged to investigate the Hall matter, had concluded that she should resign, and advised President Reagan to that effect. "People who hold or have associated themselves with the racist views expounded by this book do not belong in public office personally request, and officially advise, that you seek Ms. Hall's immediate resignation." Mathias said
The Senate Copyright Subcommittee kicked off an investigation of the matter, and while Hall was testifying before a House Copynght Subcommittee on Wednesday, House members were making oneminute speeches calling on the President to fire her Representatives Don Edwards (D-Calif.), Howard Wolpe (D-Mich.), Norman Mineta (D-Calif.) and Thomas Downey (D-N.Y.) all issued such a request. They were responding to a Washington Post account concerning Hall and the book in which she said after being asked why she hadnt left her name of the work-"If I wash a floor real well, I'll fake credit. Remarked Mineta. "Ms Hall didnt wash a floor real well She took part in a vile, baseless and racist piece of literature."
Hall also told the Post: "For me to become defensive now will turn this into a spat, and this whole experience doesnt deserve that kind of dignity If somebody calls you a whore, and you protest, what can you say? Can I scream I'm not a whore?"
Edwards, along with 56 other House members, sent a letter to President Reagan urging him to seek her resignation "We were appalled to learn today that Marianne Mele Hall, the newly confirmed chairperson of the Copyright Royalty Tribunal, is also the coauthor of a book which reeks with the stench of racism," the letter said "Mr President, we call upon you to provide the only effective remedy for this slanderous insult to the American people by removing Ms Hall from her privileged position of public service without delay
A White House spokesman said there would be "no reaction, and that Hall was an editor of the book, "grammar and spelling only and that she was "no scientist or anthropologist She was asked to "edit it for grammar and punctuation-not for content," he said
In ddition to congressional pressure, civil nghts groups and women's organizations were also issuing statements seeking Hall's removal. Bill Richardson (D-N.M.), chairman of the Congressional Hispanic Caucus, also called for Hall's resignation The Congressional Black Caucus introduced a "Sense of the House resolution demanding Hall's immediate resignation. It is our belief that her involvement as co-author of 'Foundations of Sand,' containing abhorrent racist philosophies, is an indictment of her judgment and in and of itself is grounds for dismissal, stated CBC Chairman Mickey Leland (D-Tex.) during a press conference in which he was joined by Mineta, Wolpe, Edwards and others.
*This agency needs to know that we'll be looking with great askance at their budget," warned Representative Vic Fazio (D-Calit.), chairman of the House Legislative Appropriations Subcommittee, which has jurisdiction over the CRT budget. "It's important that this is not a long, drawn-out affair. It's important that this individual resign, Fazio added. Mineta questioned whether the CRT was a necessary agency "I dont even know in this day or age if we need a tribunal. Maybe we better take a basic look at the situation," he said
Meanwhile, in the Senate, Strom Thurmond (R-SC.), chairman of the Senate Judiciary Committee, which confirmed Hali, asked Charles MCC Mathias Ji (R-Md.), chairman of the Senate Copyngha Subcommittee, to look into the matter the investigation will determine whether Hall authored or edited the book. "He's concerned that there appears to be a discrepancy between what she testified and wrote, a Thurmond aide said. They also want to know if Hall personally associates herself with those remarks
In Hali's sworn statement to the Senate, she said she was a co author. (A committee staffer noted that no one, at the time, had looked at the book, adding that there was "no reason to," Indeed, many Senate nominees list books they have written and the stat doesnt check thern all out unless there is a reason. "No one had heard of it," he said. And the committee had been busy with the appointments of several judges, said another stafler)
A spokesman for Mathias's subcommittee said the investigation was underway He noted that although there may also be some discrepancies on her resume, the book remains the essential protlem 'it's pretty clear that she consistently calls herself author until this week, he noted
But the question remains, he added, after she knew what was in it. Why did she agree to put her name on it? Moreover, he noted that Hall's role in publishing the book is even more troubling. I dont know what her role really was, but no one forced her to put her name on it," he said Although Mathias has not called any hearings the spokesman noted it is a possibility
Meanwhile, last Tuesday (April 30), the White House nominated Rose Marie Monk for a seven-year term on the CRT, one of two vacancies on the tribunal. She is executive assistant with Nofziger Communications, the political consulting firm run by Lyn Notziger. former assistant to the President for political affairs. She also served as executive assistant to Notziger when he was at the White House in 1981 and 1982 and when he was with the Reagan for President Committee in 1960. She was with Notziger at the Lyn Notziger Co in Los Angeles from 1979 to 1980. Monk also was a special assistant to Milan D. Bish, ambassador to Barbados and the Eastern Caribbean from 1982 to 1983.
Hill reaction to the Monk nomination was one of surprise. Mathias, an aide said, asked Thurmond to hold off on the Monk nomination until the Senate receives another candidate to fill the other vacancy on the tribunal Mathias prefers considering both nominations rather than taking a "piecemeal" approach, he said. He noted that Monk. whose background appears to have little to do with copyright, would be in for a much more thorough investigation than Hali."
Broadcasting May 6 1985
TOP OF THE WEEK
work but no litigation," she replied.
“I am very pleased to hear that those are "If these were your views do you think not your views." stated Representative Fredthat would raise questions as to the appropri- erick (Rick) Boucher (D-Va.). “But I really ateness of your service?" asked Representa- ' wonder just how you feel about the views tive Bruce Morrison (D-Conn.). Hall said that were expressed. They are very inapprothat what is relevant is her ability as a lawyer priate from my point of view. Are they as and manager, and not those views. Morrison repugnant to you?” he asked. was not satisfied with her reply. Finally, Hall, “I understand your concern,” Hall reagreed: “A person who has those views sponded. “I agree with you. They are exshould not be serving in a job where exper- pressions which are very repugnant. They tise in copyright is necessary."
are not my views and as a lay person they are Morrison also asked why Hall, who listed repugnani to me as well. I told Hafstad it in her biographical sketch at the CRT that would be ill-advised to publish them. Howshe is "co-author and/or consultant to four ever, in my limited capacity that was all I books," cited only “ Foundations of Sand" to could do. I was into the project, I completed the Senate. "You want us to believe that you the job. I believe in finishing what you were just a ministerial player with respect to start." each of these items, bui one of these ministe Hall maintained that any further fallout rial functions was so important to you that should be directed toward Dr. Hafstad. “I you listed yourself as co-author in this docu- would like to go back to work and finish the ment," Morrison said. “I think it's perfectly job," Hall stated. legitimate for members of the subcommittee Hall also submitted for the hearing record to look behind your self-serving statement to i a letter by Hafstad that was delivered to discover whether it's likely that these are BROADCASTING lası Monday morning (April your views,” Morrison said. “I don't think ! 29): “Not being a professional writer myself, you can have it both ways."
Marianne Mele was employed by me to edit Hall argued: “I think we're getting tangled my material for the book Foundations of in the semantic definition between ghost- Sand.' In addition to correcting my spelling writing and writing." Replied Morrison: and rearranging the material, she made “Ma'am, I am not tangled at all. I am trying | many helpful contributions. In no sense, to find something out."
however, should she be held responsible for Hall also told the Senate Judiciary Com any assertions of opinion, fact or logic in the mittee she is a director and secretary for content of the book. As author, that responsiHMM Inc., “which is a privately held corpo bility rests squarely on me," Hafstad wrote. ration for the purpose of producing and mar On Thursday, Hall sought to put still more keting our book." She testified that the cor- distance between herself and the controverporation has since been dissolved. Hall sial material in "Foundations of Sand." In a revealed that she was paid $1,000 for her written statement delivered to the Copyright work on the book.
Subcommittee she repeated her claims 10 Morrison was equally interested in deter having performed only a clerical role in remining Hall's role in the selection of the viewing grammer (sic), sentence structure tribunal's chief counsel. He asked her to pro-, and punctuation" and said: “For the record, I vide data on the candidates, including the want to reiterate that I did not write the mate. number of minorities and women who ap- rial. I disavow it fully. I find it inflammatory, plied for the post.
explosive, repugnant and distasteful."
Broadcasting May 6 1985
CRT chairman resigns under fire
Marianne Hall tells President her In her resignation to President Reagan, CASTING, May 6). Monk was most recently effectiveness was undermined by Hall wrote that racism is "repugnant and un executive assistant with Nofziger Communicontroversy over association with acceptable to me," and that such views and cations, the political consulting firm run by book termed racist; both Senate attitudes "have never been a part of my life." Lyn Nofziger, former assistant to the Presiand House vow efforts for reform And therefore, she wrote, "I will not allow dent for political affairs. A Senate source
my past technical work as an editor to taint said the administration has not tried to push The Copyright Royalty Tribunal may never my life's commitment to equal opportunity Monk's nomination through. Another name be the same. The resignation last week of for all." Hall noted that the issue had become to surface as a possible CRT candidate is that Chairman Marianne Mele Hall, as a result of "so overwhelming" that "it may have totally of Ralph Oman, counsel to Mathias's Copyher association with the controversial book undermined my effectiveness as a force for right Subcommittee. Oman submitted his let, "Foundations of Sand," has triggered the change that is so desperately needed name to the White House almost a year ago congressional interest in the tiny agency that within the Copyright Royalty Tribunal. for a seat on the CRT and has been called in could result in its complete overhaul or even And there is work, she continued, that "criti for several interviews. Nonetheless, his elimination.
cally needs to be done there." She also urged name is still pending at the White House. In Hall, who was confirmed by the Senate the President to move quickly to "find indi the meantime, he has not involved himself in April 2, came under fire after it was dis viduals who can and will carry out that very
CRT matters. closed in BROADCASTING'S April 29 issue important mission."
Still, it may be a while before the CRT has that she was listed as co-author of a tract that Hall, according to White House Assistant its full complement. Indeed, Mathias wants holds black males "insist on preserving their Press Secretary Dale Petroskey, had been in to hold off on Monk's nomination and rejungle freedoms, their women, their avoid touch with administration officials over the view all the candidates at once. Mathias, an ance personal responsibility and their ab- past week to determine what was best for aide said, wants to know "what the whole horrence of the work ethic." Although Hall everybody involved-herself, the White picture is." stated in a Senate questionnaire that she was House and the tribunal." She decided, he In any event, the subcommittee's inquiry the book's "co-author," she told a House said, that the best thing to do was to resign will continue. "The American people de Copyright Subcommittee two weeks ago and the White House concurred with her serve an explanation as to how this episode that she was only an editor (BROADCASTING, wishes." Petroskey denied reports that the was permitted to occur and a statement of May 6). Later that week she issued a state White House forced her out. "It was her what will be done to prevent a recurrence, ment claiming her role was only "clerical" decision," he stated.
Mathias said. The investigation, he continand saying the ideas in the booklet were "re The White House, Petroskey added, ued, will not focus on Hall but will examine pugnant and distasteful."
would be "moving soon" on the other vacan the nomination and confirmation process But Hall could not escape the controversy. cies. Only two weeks ago (April 30) the that "served the nation so poorly in this More than 70 House members called for her administration nominated Rose Marie Monk 'case." resignation. And Senator Charles Mcc. to a seven-year term on the CRT (BROAD Hall's departure raises some serious quesMathias (R-Md.). chairman of the Copyright Subcommittee, charged with investigating the Hall matter, concluded she should resign. In a letter to President Reagan, he listed three reasons why she should step down.
"First, Ms. Hall's name appears on the book Foundations of Sand' as its co-author, notwithstanding her recent statements that she was merely the editor. In any event, there is no dispute that her name was listed in this manner with her consent. The nature of her association with this project may be judged from the fact that she dedicated her contribution to it to her parents and daughter." Mathias wrote. He also pointed out that Hall played an active role in the book's pub
ucation. She agreed, he said, to serve on the board of a corporation "established to receive the proceeds from the sale of the book."
TOP OF THE WEEK tions concerning the tribunal's future. With oversight hearing just two days after Hall's only two of the CRT's five seats filled by association with the book was revealed, statCommissioners Edward W. Ray and Mario
ed that the tribunal is in “dire need of reF. Aguerothe tribunal may be unable to
form." But his concerns are not new; in the operate. Ray will serve as acting chairman last Congress he offered legislation calling until December when Aguero assumes the for minimum reform of the tribunal. it post. “It's obviously not an ideal situation," would have reduced the size of the tribunal said a Senate Copyright Subcommittee from five to three and would require the CRT source, and the subcommittee will be look to hire a general counsel and economist. But ing at the matter.
now the chairman is considering making maHowever, according to the tribunal's gen- jor revisions. eral counsel, Robert Cassler, the tribunal In any event, Kastenmeier told BROADwill still be able to carry out its business. “It CASTING that discussions are now in the preis the opinion of the tribunal that a quorum liminary stages and are “exploratory in terms for tribunal action is based on a majority of of CRT reform or even possibly elimination, sitting commissioners, not a majority of au- in which case there would have to be a subthorized commissioners. It takes two com
stitute for it....I am not sure that's necesmissioners to constitute a quorum and they sary, but that will be seriously considered." would have to agree for tribunal action," He expects the subcommittee will be able to Cassler explained. He noted that the com- devote more attention to the subject in anmissioners will make every effort to reach an
other two weeks. agreement and avoid any deadlocks. “We're Kastenmeier noted that appointments to going full steam ahead,” Ray said.
the tribunal have not been taken seriously by Currently, there are three issues pending both the Carter and Reagan administrations. before the tribunal. One is the 1983 cable “That is not to say that every person is unroyalty fund distribution proceeding in qualified. Indeed, that's not the case. But which the CRT will divide $79 million many of them appear to be primarily politiamong the Motion Picture Association of cal appointments. And I think that is in part America, joint sports claimants, the Nation- what has frustrated the work of the tribunal al Association of Broadcasters, National and probably resulted in it being underfundPublic Radio, Public Broadcasting Service, ed and not recognized for the mission that it Canadian claimants, American Society of has. And we may have to deal with that Composers, Authors and Publishers, Broad- realization. cast Music Inc., SESAC, and religous pro
Kastenmeier believes Congress should try gramers. Also under review is the CŘT'S to encourage Presidents to carefully select distribution of the 1983 jukebox royalty highly qualified people as commissioners. fund. The distribution of 95% of the fund One way to do that, he said, is to include has been settled, but the remaining 5% is some kind of qualifying language in the legstill being contested. And the tribunal has islation. “I know Ms. Hall is an attorney and been petitioned by Turner Broadcasting to she claims some copyright knowledge prior review its 1982 3.75% rate increase for dis- to her appointment, but that's an unusual tant signals. No action has been taken on that case and even Ms. Hall seems to have probmatter.
lems." There is nothing in the Copyright Act To House Copyright Subcommittee Chair- that requires the commissioners to have any man Robert Kastenmeier (D-Wis.) Hall's copyright experience. Only the bill's legislaresignation raises two larger issue: “the qual- tive history suggests they have some proity of the nominating process and the future fessional competence in the field of copyof the CRT." Kastenmeier, during a CRT right policy."