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TOP OF THE WEEK

Hall assailed for tract called racist

CRT chairman who began week
credited with being co-author
of controversial booklet ends
week claiming to have had only
clerical role; she seeks to
disassociate from racist views;
House panel skeptical, questions
whether agency is 'broken'; other
commissioners' attendance questioned
The effectiveness of the Copyright Royalty
Tribunal and the competence of its commis-
sioners were called into question last week
by the House Copyright Subcommittee,
which challenged the abilities and qualifica-
tions of CRT Chairman Marianne Mele Hall
and Commissioners Edward W. Ray and
Mario F. Aguero during an oversight hear-
ing. Hall, who was the only commissioner to
appear before the panel, also came under
serious criticism for her role in the creation
of a controversial 71-page booklet called
"Foundations of Sand" — an association first
disclosed in BROADCASTING's April 29 is-
sue.

Indeed, House Copyright Subcommittee Chairman Robert Kastenmeier said the tribunal is in dire need of reform." He said the subcommittee has a "classic case of a broken agency on its hands." And, he added, "I don't know, at this time, whether the agency is broken beyond repair.".

Kastenmeier explained that the purpose of the hearing was to inquire into whether the agency generally is effective, whether the commissioners' relative lack of expertise in copyright law has hurt the tribunal, whether judicial review has been meaningful, and whether the absence of clear guidance from Congress on how the tribunal should make rate decisions

creates a statutory defect that must be rectified.

“A recent article in BROADCASTING raised several of these questions," the chairman continued. "The article also contained a discussion of a book, 'Foundations of Sand," authored by Dr. Lawrence Hafstad with Marianne Mele Hall and John Morse. Admittedly, Chairman Hall authored (or edited) the article prior to her appointment by President Reagan as a commissioner. I have several questions about 'Foundations of Sand' that I will ask during this hearing," he said.

For the most part, the hearing focused on Hall's association with the book. One chapter—"The Minority Problem"-has drawn the most fire. It holds that “Black male youths have great difficulty overcoming their millenia of breeding for short-sighted, high-energy solutions to problems. Their race has skipped centuries of training which has produced in other races the discipline, foresight and tolerance of drudgery, necessary for success in the agricultural and industrial ages in the temperate zones...

However, some members, including Kastenmeier, addressed the subject of the overall competence of the agency and its commissioners. There was even some concer expressed as to why the other commissioners were not present at the hearing. It was re

had extensive experience in industry.

Synar also asked that the commissioners submit written answers concerning their views on the compulsory license and the CRT's 3.75% distant-signal rate hike decision. Hall, however, declined to comment on the the 3.75% decision because Turner Broadcasting has asked for a review of it and she was reluctant to comment until the proceeding is completed.

Hall, Kastenmeier noted, had made a favorable first impression on the subcommittee because of her "willingness to work" and her interest in reforming the agency. Since the revelation of the book, however, Kastenmeier said the subcommittee's concern about the tribunal and its effectiveness as well as Hall's own “competence" had become an issue.

During the hearing Hall presented some of the views that have earned her a reputation as a CRT reformer. "I believe there is more need for legislative reform at this time," she said. Hall suggested that the chairmanship, which rotates from one commissioner to an

other each year, be made a permanent posivealed later, however, that only Hall was tion. She criticized the current system beofficially invited. Usually, the chairman is

cause it makes it difficult for the CRT to accompanied by other tribunal members.

"render a consistent internal policy." MoreThe subject of the other commissioners'

over, Hall asserted the agency needs more absenteeism was raised. "Do the other com

professional staff and an economist. The missioners show up to work five days a week

CRT, she recommended, also needs subpoeon a 9 to 5 basis?" asked Representative

na power. Mike Synar (D-Okla.). “No, they do not,"

In addition, she suggested that the agency Hall answered. Their attendance record, she

needs closer coordination with the licensing noted, has "no consistent schedule or pat- division of the Copyright Office. “I believe tern." Synar requested a record of their at

the licensing division should report to our tendance at tribunal meetings.

tribunal," she said. “Do you think the tribu"Am I correct that the background of the

nal should be part of a larger agency; would other two commissioners is that one is of

that help?" asked Representative Carlos Cuban descent who is a former Olympic bas- Moorhead (R-Calif.). "I don't think that ketball star and the other one is a Chuck Berry road manager? Is that correct?" Synar independent," she answered.

would help; it could hurt. We need to be inquired. Hall replied, "No." "Do either one

Hall also discussed the size of the agency. of them have background in the copyright

Of the five commission seats, only three are area?" Synar pressed on. Hall said they both

currently filled. (A fourth member was nominated last week (see box, page 45).) “I recommend three members. We don't need more decision-makers. We need more professionals," she said.

Despite Hall's testimony on the CRT, the subcommittee was more interested in the book and continued to raise serious doubts about her ability to serve on the tribunal. Kastenmeier noted that when a public official in a federal position expresses "these views," it becomes an issue of whether or not she could continue in her job and maintain the confidence of those who are affected by your decisions."

Kastenmeier asked Hall what her role was in writing the book. She denied she was any. thing more than an editor. "I was merely the editor in an extreme ministerial position. Simply nouns, verbs, pronouns, dangling participles, sentence structure,

she answered. The book, published in 1982, credits "Dr. Lawrence Hafstad with Marianne Mele, John Morse" as the authors. And ac

cording to a certificate of copyright registraKastenmeier

tion filed by Hall with the Copyright Office

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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 it three authors and signed the document as the

not disassociated herself from the book. Hall because it was my job; I thought it was sull 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 gok 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 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 organj. 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 exempi charitable sta- chairman she has taught copynght 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

Aroused Congress calls for Hall resignation; investigation launched

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 Senale 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 I personally request, and I officially advise, that you seek Ms Halls immediate resignation," Mathias said

The Senate Copyright Subcommittee kicked off an investigation of the matter, and while Hall was testitying before a House Copynghi Subcommittee on Wednesday House members were making oneminute speeches calling on the President to hire her. Representalives Don Edwards (D Calif.), Howard Wolpe (D-Mich.), Norman Mineta (D-Calif.) and Thomas Downey (D-NY) 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 take 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 spal, and this whole expenence 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 Copynght 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 eflective remedy for this slanderous insult to the Amencan 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 addition to congressional pressure, civil nights groups and women's organizations were also issuing statements seeking Hall's removal Bill Richardson (D-NM.). 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 abholrent 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't be looking with great askance at their budget.' warned Representative Vic Fazio (D-Calit)chairman of the House Legislative Appropriations Subcommik tee, 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 Copyngh! 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 i Hall "personally associates herself with those remarks

In Hall's sworn statement to the Senate, she said she was a co author. (A committee stafier 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 them 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 stafier.)

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 problem "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 t. "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 heanngs the spokesman noted it is a possibility

Meanwhile, last Tuesday (Apnt 30), the White House nominated Rose Mane Monk for a seven-year term on the CAT, one of two vacancies on the tribunal She is executive assistant with Nolziger 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 Nofziger at the Lyn Nofziger Co. in Los Angeles from 1979 10 1980. Monk also was a special assistant to Milan D. Bish, ambassador to Barbados and the Eastern Canbbe an from 1982 to 1983

Hill reaction to the Monk nomination was one o! 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 inbunal

. Mathias preters considering both nominations rathe! than taking a "piecemeal" approach, he said. He noted that Monk. whose background appears to have little to do with copyrighi, would be in for a much more thorough investigation than Hall."

Broadcasting May 6 1985

TOP OF THE WEEK

work but no litigation," she replied.

***I am very pleased to hear that those are "]f 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 live 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-auihor 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

stan." 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 10 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 a letter by Hafstad that was delivered to discover whether it's likely that these are BROADCASTING last 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 emploved 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 assenions 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 tesuified 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 re. mining 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 wani 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 E 1985

46

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 Pressand 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 Copy her 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 of 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.

"Firsi, 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 pubCication. She agreed, he said, to serve on the board of a corporation established to receive the proceeds from the sale of the book."

Hall

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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. Aguero—the 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 pan 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 CRT'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 Tumer 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."

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