COMMITTEE ON THE JUDICIARY JAMES O. EASTLAND, Mississippi, Chairman JOHN L. MCCLELLAN, Arkansas EDWARD V. LONG, Missouri EDWARD M. KENNEDY, Massachusetts BIRCH BAYH, Indiana QUENTIN N. BURDICK, North Dakota JOSEPH D. TYDINGS, Maryland GEORGE A. SMATHERS, Florida EVERETT MCKINLEY DIRKSEN, Illinois SUBCOMMITTEE ON PATENTS, TRADEMARKS, AND COPYRIGHTS JOHN L. MCCLELLAN, Arkansas, Chairman PHILIP A. HART, Michigan QUENTIN N. BURDICK, North Dakota HUGH SCOTT, Pennsylvania HIRAM L. FONG, Hawaii II THOMAS C. BRENNAN, Chief Counsel CONTENTS Abraham Kaminstein, Register of Copyrights, accompanied by Barbara A. Ringer, Assistant Register of Copyrights; and Abe A. Goldman, General Counsel, Copyright Office__ Rosel H. Hyde, Chairman, Federal Communications Commission, accompanied by Henry Geller, General Counsel; and Arthur Stampler, legal counsel to the Chairman__. Frederick W. Ford, president, National Community Television As- sociation, Inc., accompanied by Alfred R. Stern, chairman, board of directors; and E. Stratford Smith, special counsel Douglas A. Anello, general counsel, National Association of Broad- Arthur Krim, president, United Artists Corp... Edwin M. Zimmerman, Acting Assistant Attorney General, Depart- ment of Justice, accompanied by Lionel Kestenbaum and Stephen Evelyn F. Burkey, executive director, Writers Guild of America, Paul A. Porter, on behalf of organized baseball.. 162 COPYRIGHT LAW REVISION-CATV TUESDAY, AUGUST 2, 1966 U.S. SENATE, SUBCOMMITTEE ON PATENTS, TRADEMARKS, AND COPYRIGHTS OF THE COMMITTEE ON THE JUDICIARY, Washington, D.C. The subcommittee met, pursuant to call, at 10 a.m., in room 1318, New Senate Office Building, Senator Quentin N. Burdick presiding. Present: Senators Burdick (presiding), McClellan, Hart, and Fong. Also present: Thomas C. Brennan, chief counsel; Edd N. Williams, Jr., assistant counsel; and Stephen G. Haaser, chief clerk, Subcommittee on Patents, Trademarks, and Copyrights. Senator BURDICK. The subcommittee this morning is resuming the public hearing on S. 1006, to provide for a general revision of the copyright laws. This series of hearings will consider the copyright implications of community antenna television systems. The distinguished chairman of the subcommittee has appointed me as the acting chairman for the purpose of conducting these hearings. I shall direct that a copy of a letter from Chairman McClellan appear in the record immediately following these remarks. The subcommittee commenced hearings on this bill during the first session. It was the hope of the subcommittee that the current Congress could complete action on the entire revision bill. Despite the diligent efforts of the Copyright Office, the House Judiciary Subcommittee, and the interested parties, it has now become apparent that this will not be possible. Important decisions relating to various aspects of CATV are currently being made in the Congress, the Federal Communications Commission, and the Federal courts. These developments cannot be deferred until a future Congress enacts a general copyright revision bill, yet whatever decision the Congress ultimately makes concerning the copyright question will have a significanut impact upon CATV operations. Under these circumstances, the chairman of the subcommittee has recommended that the subcommittee explore the advisability of action in this session of Congress to resolve the CATV copyright question. If, however, the subcommittee should determine not to act separately on the CATV issue, then these proceedings will be of assistance to the subcommittee when, in the next Congress, it acts upon the entire copyright revision program. At the outset of these hearings, I wish to indicate that I have no predetermined view concerning this issue. I am confident that the subcommittee will seek a proper balance between the constitutional objective of the copyright system to encourage creativity, and the public interest in providing for the widest possible dissemination of information. 1 |