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Hafstad is the author and he will bear all the responsibility for the fallout from this work. Hopefully having made that clear here today, and with the fairness that I hope you people will treat me in having heard my feelings on that, which are very strong, I hope that we can properly direct any further fallout towards Dr. Hafstad, who has said he will gladly bear that responsibility for his work.
Mr. BOUCHER. Well, I appreciate your
Ms. HALL. And therefore, I would like to go back to work and finish the job that I started, which is to reform the CRT.
Mr. BOUCHER. Well, I appreciate your statement very much, but in all due respect, I am not sure it answers the question. The question is do you feel that you have the confidence of the other Commissioners and of the staff at the Copyright Royalty Tribunal, and do you think you can continue effectively in the role to which you are assigned?
Ms. HALL. I hope I do. I haven't asked them pointblank. I know I have the confidence in myself. I know that I have the confidence of a good part of the staff and the confidence of the Commissioners. I will proceed to do my job. I am working very hard at it. I have put in 10 to 12 hours a day for the last 10 months. There is a great deal of work that needs to be done, and the sooner we lay this issue where it properly belongs, on the shoulders of Dr. Hafstad, the sooner we can get back to the very important work that is necessary at the Copyright Royalty Tribunal now. I am anxious to go back to that work. It is the job that I truly enjoy and want to pursue to a very successful point.
Mr. BOUCHER. All right. Thank you very much, Ms. Hall.
Mr. KASTENMEIER. Are there other questions by members of the committee?
Mrs. SCHROEDER. Mr. Chairman.
Mrs. SCHROEDER. I heard that. It almost sounds to me like that is a tad sexist. I mean, you weren't a secretary, and you wrote down that you were a coauthor, and it wasn't ancient history. The book was published in 1983.
Ms. HALL. 1982.
Mrs. SCHROEDER. In 1982. And you put it down for your Senate confirmation, so you must have been proud of it. You say in the paper that you are proud of it. So, I don't know that you can-
Ms. Hall. No, I didn't totally.
Mrs. SCHROEDER [continuing). Say that the man must answer and I was just ministerial. I mean, you are a lawyer, you are not a secretary.
But what I really wanted to ask, Mr. Chairman, was how did you find out about the job that you now hold?
Ms. HALL. I, I was called in for an interview and, and hired.
Ms. Hall. Evidently, my name was in the White House computer having applied in 1980 when President Reagan was first elected. However, I had not worked any campaigns and I did not have any political connections, and therefore was not brought onboard in the 1980 setup of the administration.
In 1983–I can't remember—1983, evidently, my name came up on a computer roster, and my copyright credentials were noticed, and I was called in for an interview-it was totally unexpected. My credentials appeared satisfactory, and they began the investigation and subsequent hiring of me for this position.
I firmly believe that I was hired because of my copyright credentials, because of my legal credentials, because of my teaching of copyright. I clearly was not hired for any political connections. I don't have any. I just entered my résumé in 1980 along with the other hundreds of thousands that were submitted to the White House.
I haven't worked a campaign in 10 years.
Mrs. SCHROEDER. You don't think, though, that maybe the editing of some of this stuff maybe made you look philosophically OK? I mean I know lots of people who are very competent attorneys and who know about all these issues, and somehow their name never got into the computer and no one just called them and said, “Hey, have we got a job for you? Come over and apply.
Ms. HALL. I think probably my teaching credentials and my copyright credentials were more important, clearly. Because the résumé that I was called in on was still in my other married name, so it was clearly my 1980 résumé. And the press release that was issued when I was first nominated was from the 1980 résumé. So, clearly the White House was not privy to any of this work because they were still working on a 1980 résumé.
Mrs. SCHROEDER. Except that I do think that they know a lot of the people that you have worked with, especially in the High Frontiers thing. I think that at least part of that has become very, very political, as the chairman pointed out. And so you may have had some people there helping.
But, anyway, your testimony is in 1980 your résumé went into the file?
Ms. HALL. Um hum.
Ms. Hall. They said that-yes. They said that they were going through the computer file and they noticed the credentials, and they called me in for an interview. I do not have the kind of political connections that most people have had heretofore on this Commission. They are clearly not there.
Mrs. SCHROEDER. OK. Thank you, Mr. Chairman.
Let me just follow-up on Mrs. Schroeder's question because it has been raised a number of times here. Although this may have been more properly a matter for the Senate at an earlier point in time. Precisely, what copyright credentials do you have?
Ms. HALL. I have taught the subject, and I worked as--
Ms. Hall. I taught copyright at Northern Virginia Law School, which is a small school, an independent school, in Alexandria, Virginia, which operates a part-time program. It is just a night school.
Mr. KASTENMEIER. A night school?
Mr. KASTENMEIER. You taught there how many semesters?
Ms. HALL. No, it is not yet accredited. It does have Virginia licensing authority to grant degrees.
Mr. KASTENMEIER. You taught there since 1979?
Ms. Hall. We are on a trimester system, and I usually teach one, or two, or possibly three trimesters. I can't recall which years I have taught more or less. But I do teach there every year.
Mr. KASTENMEIER. Have you held yourself out in the practice of law as a copyright expert?
Ms. HALL. No; unfortunately, if you want to practice copyright law, you are pretty much limited to New York and Los Angeles for any kind of a real booming practice. I was more of a corporate consulting type. And my law practice was a very short period of time and, in fact, a very limited practice.
Mr. KASTENMEIER. So, your claims to copyright expertise, at least in terms of practice, are pretty tenuous; would that be fair to say?
Ms. Hall. I have studied it a great, great deal. I have done some copyright work, but no litigation in copyright.
Mr. KASTENMEIER. Well, I would like to put into the record the comments, the opening statement of the gentleman from California and, since the matter has been raised, Mr. Hafstad's letter in your behalf to Mr. West
Ms. Hall. Thank you, sir.
Mr. KASTENMEIER [continuing]. Should be made part of the record together with certain other materials relating to this matter.
[The information follows:]
May 1, 1985
THE HONORABLE CARLOS_J. MOORHEAD
THIS AFTERNOON WE ARE GOING TO HEAR TESTIMONY FROM THE ACTING REGISTER OF THE COPYRIGHT OFFICE AND THE CHAIRMAN OF THE COPYRIGHT ROYALTY TRIBUNAL. BOTH REPRESENT SMALL AGENCIES,
BUT BOTH ARE VERY SIGNIFICANT TO THE PROTECTION AND DISSEMINA
TION OF INTELLECTUAL PROPERTY.
THE COPYRIGHT ROYALTY TRIBUNAL IS AN AGENCY THAT HAS ENDURED MUCH CRITICISM SINCE ITS INCEPTION IN THE 1976 COPYRIGHT REVISION Аст. IT SERVES AN IMPORTANT FUNCTION AND I BELIEVE THIS SUB
COMMITTEE HAS AN OBLIGATION TO TRY AND PROVIDE ANY HELP IT CAN
TO IMPROVE ITS EFFICIENCY AND EFFECTIVENESS.
THIS SUBCOMMITTEE COULD
MAKE WHAT WOULD AMOUNT TO MINOR CHANGES IN ITS STATUTORY STRUCTURE
WHICH ARE NOT IN OF THEMSELVES CONTROVERSIAL, BUT SIGNIFICANT TO
THE OPERATION OF THE TRIBUNAL.
FOR EXAMPLE, REDUCING THE SIZE OF
THE COMMISSION FROM FIVE MEMBERS TO THREE; POSSIBLY SETTING SOME
QUALIFICATION STANDARDS FOR FUTURE COMMISSIONERS; PROVIDE THAT THE
PRESIDENT APPOINT THE CHAIRMAN RATHER THAN HAVING IT ROTATE YEARLY;
AND PROVIDE IT WITH THE NECESSARY SUPPORT PERSONNEL TO GET THE
JOB DONE I DON'T BELIEVE ANY OF THOSE ITEMS ARE CONTROVERSIAL.
HOWEVER, IF WE START PROVIDING GUIDELINES FOR THE TRIBUNAL
TO FOLLOW IN MAKING ITS DECISION WHICH MAY BE IMPORTANT OR IF WE
ALSO IS IMPORTANT TO SOME MEMBERS, BUT REGARDLESS OF THE JUSTIFICA
TION OF EITHER OF THOSE ITEMS, THESE ISSUES WILL BE BOGGED DOWN IN
DEBATE AND CONTROVERSY FOR SOME TIME.
I HOPE WE TAKE THIS OPPORTUNITY
TO TRY AND COME UP WITH A MECHANISM TO ASSIST THE TRIBUNAL IN ITS
OPERATION AS SOON AS POSSIBLE.
THANK YOU, MR. CHAIRMAN.
I AM LOOKING FORWARD TO THE TESTIMONY
Dr. L. Hafstad
Mr. West, Editor
Not being a professional writer myself, Marianne Mele was employed by me to edit my material for the book Foundations of Sand. In addition to correcting my spelling and rearranging the material, she made many helpful contributions. In no sense, however, should she he held responsible for any assertions of opinion, fact or logic in the content of the book. As author that responsibility rests squarely on me.