claimed halcyon days of copyright protection were characterized not by stronger laws, or more respect for them, but rather by copying technology that is primitive by today's standards. Although copyright law purports to bar all copying without express or implied permission, as a practical matter, it never was feasible for copyright owners to apprehend closet copiers. They only could pursue persons whose unauthorized copying was open and notorious. That basic situation has not changed one bit. The obvious significant development is the fact that there are many more closet copiers now than there were before the availability of xerography and means for replicating magnetic diskettes and other media. What many people tend to ignore, however, is the important, related fact that the cash market for works of authorship has grown tremendously with the advent of microcomputers. The attractiveness of those devices is largely a function of the supply of recorded diskettes for software programs and data bases and suppliers of those items are rising to the occasion. The brutal reality about copyright in the age of reprography is the fact that publishers of works of authorship, other than books thus far, cannot expect realistically to be compensated for every copy used. Instead, they must make individual publishing decisions based on the probably much smaller quantities of copies for which they can secure payment. In that regard copyright owners really can enforce their rights only against pirates. No amount of tinkering with copyright law actually will enhance copyright protections now that reprographic technology has been unleashed. The only step that would restore the percentages of compensated copies to their former high levels would be the unthinkable measure of government control over the availability of copying devices. Actually, the experience ever since the industrial revolution has been one of dynamic change throughout society, with constant, often severe, dislocations of persons with favorable economic situations. The reprographic revolution appears similarly to be affecting the interests of various types of publishers adversely. However, it has brought with it both many new publishers of novel types of works of authorship and substantial business in new types of machines. Probably the most significant technological development really affecting copyright law itself is the phenomenon of downloading or downline loading. That entails the delivery of information to customers by the transmissions of streams of electronic impulses to them directly, rather than the transfer of tangible works of authorship produced by the publisher, such as magnetic diskettes particularly. This new method is growing rapidly in importance. In order to make the furnished information usable, the symbols that represent it have to be recorded by the recipient. In many cases, the impulses received are recorded directly in the internal memory of the recipient's computer, rather than on a diskette. That phenomenon of downloading introduces an incompatibility with the facet of current copyright law that contemplates only the dissemination of tangible works of authorship that can bear copyright notices. It well might be that, to protect the interests of copyright owners in the face of downloading, the Copyright Act of 1976 should be amended at least to alter the manner in which copyright notices are to be applied, if not to eliminate the requirement to accord with the laws of other countries. Just as the operation of computers, which are information processing machines, demonstrates that works of authorship are essentially devices for generating information signals to human, or machine, information processors, downloading now shows that the furnishing of copies of works of authorship is merely a means for delivery of information signals to information processors. The newer method is for the supplier to generate the signals at its site and transmit them over telecommunications lines directly to customers. I trust that this discussion will contribute to the understanding of the members of your subcommittee of the impact of technological change on copyright. If you believe that I can be of any further assistance, by all means let me know. Sincerely, ROY N. FREED. APPENDIXES APPENDIX I MATERIALS FROM CONGRESSIONAL COPYRIGHT AND TECHNOLOGY SYMPOSIUM, FORT LAUDERDALE, FL, FEBRUARY 4-6, 1984 OUTLINE Day I: Saturday, February 4, 1984 8:00-9:00 (Coral Springs-Plantation Room) Buffet Breakfast. 9:00-9:15 (Amphitheater) Opening of the Symposium-Senator Charles McC. Mathias and Representative Robert W. Kastenmeier. 9:15-9:20 (Amphitheater) Introductory remarks-Librarian of Congress Daniel J. Boorstin, Register of Copyrights David Ladd and Symposium Rapporteur Paul Goldstein, Stanford Law School. 9:20-10:00-Overview—“Electronic Technology for the Policy Maker," Haines Gaffner, president, LINK, Resources, Corp. 10:00-12:00 (Board Room 1, and Meeting Rooms D & E) [with coffee available during session] Applications: Present and future-Sessions will include equipment demonstrations and opportunities for hands-on use of a variety of equipment, systems and services representative of the following technologies: Broadcast, Cable, and Satellite Transmission Systems: to demonstrate projected capabilities of broadcast, cable, and satellite technologies, including two-day interaction and satellite services. Home Computers and Electronic Entertainment Centers: to demonstrate the future integration of computer and communications systems to provide capabilities to use copyright works in new ways. 4:00-7:00 (Board Room 1 and Meeting Rooms D & E) Applications. Continued. Educational Technology: Application of interactive computer aided instruction, electronic libraries, and video technology to modern education. Electronic Publishing: New Systems for specialized publication, videotext, teletext, viewdata, etc. Optical Disks and Automated Libraries: Library of Congress System. 7:30-8:30 (Grand Ballroom C) Reception. 8:30 (Grand Ballroom D) Dinner-“The Long-Range Future Impact of Computer and Communications Technology on Society": Martin Greenberger, IBM Professor of Computer and Information Systems, UCLA. Author of numerous books on science policy including "Computers, Communications and The Public Interest." Day II: Sunday, February 5, 1984 8:00-9:00 (Bonaventure A) Buffet Breakfast. A series of panel discussions on the future impact of technology on intellectual property. 9:00-10:15 (Amphitheater) [with coffee available during session] Panel Discussion I: Information Processing in the Future. Moderator: Joe B. Wyatt, Chancellor, Vanderbilt University. Panelists: Christopher Burns, Information Consultant. Donald Devine, Chief Executive Officer, Trilog Inc. E. C. McIrvine, Manager of Advanced Planning, XEROX Corp. Frederick Weingarten, Office of Technology Assessment. 10:15-11:45 (Amphitheater) Panel Discussion II: Publishing, Libraries, and Educa tion. Moderator: Toni Carbo Bearman, Executive Director, National Commission on Libraries and Information Science. Panelists: Hon. Stephen Breyer, Judge, U.S. Court of Appeals for the First Circuit. Joseph P. Lash, Author. Jay Lucker, Director of Libraries, Massachusetts Institute of Technology. Warren Spurlin, Deputy Superintendent, The School Board of Sarasota County, Sarasota, Florida. 3:30-5:00 (Amphitheater) Panel Discussion III: Mass Media Distribution: The Future. Moderator: Professor Harvey Zuckman, Director of the Communications Law Institute, Columbus School of Law at the Catholic University of America. Panelists: Bryan L. Burns, Director of Broadcasting, Office of the Commissioner of Baseball. Mel Harris, President, Paramount Video. Gustave M. Hauser, Chairman and Chief Executive Officer, Hauser Communications. William Lilley III, Vice President, Corporate Affairs, CBS, Inc. Clyde Washburn, Chief Scientist, Earth Terminals, Inc. 5:00-6:30 (Amphitheater) Panel Discussion IV: Administration of Rights in Copyrighted Works in the New Technologies. Moderator: Professor Paul Goldstein, Stanford University Law School, and member of Cowan, Liebowitz, and Latman. Panelists: Thomas C. Brennan, Chairman, Copyright Royalty Tribunal. Harlan Cleveland, Director of the Hubert H. Humphrey Institute of Public Affairs, University of Minnesota. Alexander Hoffman, Senior Vice President, Doubleday & Co. Professor John Kernochan, Columbia University Law School. John C. Taylor III, Chairman of the Carnegie Corporation and member of Paul, Weiss, Rifkind, Wharton & Garrison. Goerge Willoughby, Vice President and General Counsel King Broadcasting. 6:30-7:00 (Amphitheater) Rapporteur's Summation: Professor Paul Goldstein, Stanford Law School. 7:30-8:30 (Atrium Area) Reception. 8:30 (Meeting Room A) Dinner—Trends, Developments, and Projections: Frederick Pohl, prize winning science fiction author and editor. Day III: Monday, February 6, 1984 7:45-8:30 (Coral Springs-Plantation Room) Buffet Breakfast. 8:30-9:30-Transportation to IBM Facility. 9:30-11:30-Tour of IBM Facility. Emphasis on Computer Aided Design (CAD) and Computer Aided Manufacturing (CAM): Including the design and manufacture of products and graphics and the use of robotics in manufacturing. This installation is the IBM world training center for robotics and computer aided manufacturing. In addition, the manufacturing facility is one of the most highly automated plants in the world and it is the home of the IBM personal computer. 11:30-12:00-Transportation from IBM Facility to airport. CONGRESSIONAL COPYRIGHT AND TECHNOLOGY SYMPOSIUM: PANELISTS About the Panelists Paul Goldstein, symposium rapporteur, is a well-known scholar and educator in the field of intellectual property law. The author of the textbook, "Copyright, Patent, Trademark, and Related State Doctrines," he has taught at Stanford School of Law since 1972. After earning an A.B. at Brandeis University and an LL.B. at Columbia School of Law, he was on the faculty of the State University of New York at Buffalo. He is a member of the California and New York bars, the Copyright Society of the U.S.A., and is a former member of the Editorial Advisory Board of the "Patent, Trademark, and Copyright Journal." Joe B. Wyatt, moderator, is Chancellor of Vanderbilt University. A scholar in mathematics and computer science, he taught at the University of Houston and was Senior Lecturer in Computer Science at Harvard University. He is the co-author of "Financial Planning Models for Colleges and Universities." He is a member of the Advisory Committee for Information and Science and Technology of the National Science Foundation. Christopher Burns, panelist, is a consultant and information specialist; he has worked with several major metropolitan newspapers, including the Washington Post, in the areas of automation and information technology. He is a member of the Proprietary Rights Committee of the IAA, the Information Industry Association. Donald Devine, panelist, a founder of and Chief Executive Officer of Trilog, Inc., studied at the Case Institute of Technology and the University of Pennsylvania. He is a member of the Association of Data Processing Service Organizations and was section president in that group in 1983. E.C. McIrvine, panelist, is Manager of Advanced Planning at the Xerox Corporation. He has had a 25-year career in industry as an applied physicist and R. & D. manager, working for companies such as General Atomic in San Diego, and Ford Motor Company in Dearborn, Michigan. A member of the governing Board of the American Institute of Physics, he earned a Ph.D. in theoretical physics from Cornell University in 1959. Frederick Weingarten, panelist, Communications and Information Technologies Program Manager at the Office of Technology Assessment, directed a program for research on the impact of computers on society for the National Science Foundation in 1971. He also served on the White House Committee on the Right of Privacy, the State Department Committee on Transborder Dataflow, and the Privacy Commission. He earned a Ph.D. in mathematics from Oregon State University and was granted a doctoral fellowship at Lawrence Laboratories. Toni Carbo Bearman, moderator, is Executive Director of the National Commission on Libraries and Information Science. After earning a Ph.D. in Management of Information Resources from Drexel University, she worked in London as a special consultant for the Institute of Electrical Engineers. She also worked as executive director for NFAIS, the National Society for Abstracting and Indexing Services. She is a member of the American Society for Information Sciences and received their Watson-Davis Award for 1983. The Honorable Stephen Breyer, panelist, serves as a Judge for the U.S. Court of Appeals for the First Circuit. A graduate of Harvard Law School, he served as law clerk to Justice Goldberg on the United States Supreme Court. A professor of law at Harvard and at the J.F. Kennedy School of Government, he also served as assistant special prosecutor with the Watergate Special Prosecution Force. He served as special counsel to the U.S. Senate Judiciary Committee from 1974 to 1975 and afterwards as its chief counsel. Karen Hunter, panelist, is Planning Officer at Elsevier Science Publishers in New York City. She earned M.A. degrees at Cornell, Syracuse University, and at Columbia University. Before coming to Elsevier, she worked at Baker & Taylor and at Cornell University Library. She is a member of the Association of American Publishers and is Chairman of the Innovations Committee of the International Group of Scientific, Technical, and Medical Publishers. Joseph P. Lash, panelist, is an editor and writer; as a biographer, he chronicled the lives of Dag Hammarskjold, Felix Frankfurter, and Eleanor and Franklin Roosevelt. He won the Pulitzer prize for biography and the National Book Award, and the Francis Parkman prize in 1972; in 1976 he won the first Samuel E. Morison award. Among his books are "Eleanor and Franklin;" "Eleanor: The Years Alone," and "From the Diaries of Felix Frankfurter." Jay Lucker, panelist, is Director of Libraries at the Massachusetts Institute of Technology. After graduating from Columbia University and New York University, he worked with the New York Public Library and then at Princeton University as librarian and educator. Warren Spurlin, panelist, is Deputy Superintendent of Sarasota County Public Schools in Sarasota, Florida. He has completed 26 years of service in public education; most recently, he was Assistant Superintendent of Curriculum and Instruction. He has completed several degrees including a Ph.D. in education from Wayne University in Detroit, Michigan. Recently he participated in the NIE National Conference on Producer-Educator Perspective on Educational Software. He has written a policy statement on copyright in the schools and inaugurated a staff development program in this area which has drawn national attention. Harvey Zuckman, moderator, teaches law at Catholic University Columbus School of law, where he serves as Director of the Institute of Communications Law. After working with the U.S. Department of Justice in the civil division, he taught at St. Louis University and served as an adjunct professor of communications law at American University. He was executive producer of the American Law Institute's television series on legal education from 1973 to 1974. He is co-author of the text, "Mass Communications Law." Bryan L. Burns, panelist, is Director of Broadcasting in the Office of the Commissioner of Baseball in Washington, D.C. He worked with the Kansas City Royals in Public Relations and as Director of Marketing and Special Events. He holds a B.S. in communications. Mel Harris, panelist, is President of Paramount Video, with world-wide responsibility for the programming, production, and distribution of pay TV, home video, and supplemental markets. He holds a position on the Board of Directors of several organizations, including USA Cable Network, CIC Video (for international programming), and UPI Pay TV, based in London. He came to Paramount in 1977; before that he was engaged in commercial broadcasting, both radio and television. Gustave M. Hauser, panelist, Chairman and Chief Executive of Hauser Communications, has held various executive positions in the field of cable communications. He has served as a vice-president of General Telephone Electronics International, and of Western Union International. He was president of Warner Cable Corporation from 1973 to 1975 and chief executive officer of Warner Amex Cable Communications, Inc. Author of "A Guide to Doing Business in the European Common Market," he was director-at-large of the U.S. Overseas Private Investment Corporation from 1969 to 1977. William Lilley III, panelist, is vice-president for Corporate Affairs of CBS, Inc. In 1981 he co-authored "New Technologies Affecting Broadcasting." Before coming to CBS, he worked as vice-president for government affairs of American Express Co., as minority staff director for the House Committee on the Budget, and as director of the Council on Wage and Price Stability. Before serving as deputy assistant secretary of HUD, he was professor of government at the University of Virginia and assistant professor of history at Yale. Clyde Washburn, panelist, is Chief Scientist of Earth Terminals, Inc., a manufacturer of Satellite Telecommunication reception products which is based in Cincinatti Ohio. Serving his third term as an elected director of SPACE, the Society for Private and Commercial Earth Stations, he is also a Governor of the television viewing rights Superfund organized by SPACE. He has served as technical liaison to government agencies and satellite program suppliers. He also directed a project for the New York Bureau for Criminal Justices Services, the PASS project, organized to develop miniaturized personal security devices to enhance the personal security of the elderly and the disabled. Alan Latman, moderator, is a professor of law at New York University and a member of Cowan, Liebowitz, and Latman. His text on copyright law, "Copyright for the Eighties," is a popular one; he has written many articles and chapters on copyright. Executive Director of the Copyright Society of the U.S.A. since 1976, he has also served as Director of the Walter J. Derenburg Program for Copyright and Trademark and as adviser to several UNESCO and WIPO councils. He has also served as a member of the Board of Governors of the New York Patent Law Association. Thomas C. Brennan, panelist, is again Chairman of the Copyright Royalty Tribunal after serving as its first chairman at its inception in 1977 and since as a Commissioner. After earning the J.D. degree at Georgetown University, he served as Chief Counsel to the Subcommittee on Patents, Trademarks, and Copyright, U.S. Senate Committee on the Judiciary, during the time that new copyright legislation was developed. He is a member of the Board of Trustees of the Copyright Society, of the D.C. Bar Association; he serves as Chairman of the Committee on Patents in the ABA. Harlan James Cleveland, panelist, is Director of the Hubert H. Humphrey Institute of Public Affairs at the University of Minnesota. The International flavor of his career as a public servant has encompassed several decades; he served as executive director of the economic section of the Allied Commission in Rome in 1944-46 and as director of the China Office in Shanghai in 1947-1948, and as U.S. Ambassador to NATO, 1965-1969. He has taught at Syracuse University, at Princeton, and at the LBJ School of Public Affairs at the University of Texas. Winner of numerous awards, including the Woodrow Wilson award at Princeton, he has also written several books on international affairs, management, and ethics. Alexander Hoffman, panelist, is Senior Vice President at Doubleday & Co. After earning a B.A. in philosophy at Dartmouth and an MBA in marketing at the Amostuck School of Business Administration, he served with the Navy for some years. He has been Group Vice-President and a member of the Executive Committee of Doubleday since 1969. He was director of the Association of American Publishers in 1979 to 1980, and in 1979 was a member of the AAP delegation to the USSR and the |