COPYRIGHT ROYALTY TRIBUNAL CIS RECORD ONLY: OVERSIGHT HEARING BEFORE THE SUBCOMMITTEE ON COURTS, CIVIL LIBERTIES, OF THE COMMITTEE ON THE JUDICIARY HOUSE OF REPRESENTATIVES NINETY-NINTH CONGRESS FIRST SESSION ON COPYRIGHT ROYALTY TRIBUNAL AND U.S. COPYRIGHT OFFICE STANFORD 51-527 O MAY 1, 1985 Serial No. 20 UNIVERSITY MAY 1986 LIBRARIES Printed for the use of the Committee on the Judiciary U.S. GOVERNMENT PRINTING OFFICE WASHINGTON: 1985 JACK BROOKS, Texas COMMITTEE ON THE JUDICIARY PETER W. RODINO, JR., New Jersey, Chairman ROBERT W. KASTENMEIER, Wisconsin DON EDWARDS, California BARNEY FRANK, Massachusetts FREDERICK C. BOUCHER, Virginia HARLEY O. STAGGERS, JR., West Virginia JOHN BRYANT, Texas HAMILTON FISH, JR., New York F. JAMES SENSENBRENNER, JR., BILL MCCOLLUM, Florida WILLIAM E. DANNEMEYER, California PATRICK L. SWINDALL, Georgia M. ELAINE MIELKE, General Counsel GARNER J. CLINE, Staff Director ALAN F. COFFEY, Jr., Associate Counsel SUBCOMMITTEE ON COURTS, CIVIL LIBERTIES, AND THE ADMINISTRATION OF JUSTICE CONTENTS Curran, Donald C., Acting Register, Copyright Office, Library of Congress Prepared statement. ADDITIONAL MATERIAL Minutes of staff meeting held April 25, 1985. Administration and legislative issues of the Copyright Office... APPENDIX 7. Statement of Marianne Hall (May 2, 1985).. 8. Letter from Hon. Marianne Mele Hall to Hon. Robert W. Kastenmeier (dated May 6, 1985) with April 30, 1985 update on memorandum for the record written December 31, 1984. 9. Memorandum to Members of the Bar who practice before the Tribunal, Administrative Conference of the United States, from Edward W. Ray B. Copyright Royalty Tribunal procedures: 1. Part 301, Code of Federal Regulations-Copyright Royalty Tribunal 2. "The curious combination at the CRT," Broadcasting (April 29, 1985) at 291 II. MATERIALS RELATING TO "FOUNDATIONS OF SAND" A. "Foundations of Sand: A Hard Look at the Social Sciences," Excerpts... III. FURTHER MATERIALS RELATING TO THE COPYRIGHT OFFICE A. Correspondence: B. Cases: Page 300 312 Letter from William F. Patry to Hon. Robert W. Kastenmeier (dated May 15, 1985)... 314 COPYRIGHT ROYALTY TRIBUNAL AND U.S. COPYRIGHT OFFICE WEDNESDAY, MAY 1, 1985 HOUSE OF REPRESENTATIVES, SUBCOMMITTEE ON COURTS, CIVIL LIBERTIES, AND THE ADMINISTRATION OF JUSTICE, COMMITTEE ON THE JUDICIARY, Washington, DC. The subcommittee met, pursuant to call, at 2:15 p.m., in room 2226, Rayburn House Office Building, Hon. Robert W. Kastenmeier (chairman of the subcommittee) presiding. Present: Representatives Kastenmeier, Synar, Schroeder, Morrison, Boucher, Moorhead, and Swindall. Staff present: Michael Remington, chief counsel; Deborah Leavy, counsel; Thomas E. Mooney, associate counsel; Audrey Marcus, clerk. Mr. KASTENMEIER. The committee will come to order. Without objection, the subcommittee will permit, today, the meeting to be covered, in whole or in part, by television broadcast and/or still photography, pursuant to rule V of the committee rules. Also, pursuant to a standing request of my chairman, both witnesses this afternoon will be sworn in, in terms of testimony. I would like to make this opening statement. This afternoon, the subcommittee is pleased to continue its oversight of various agencies that fall within our jurisdiction. Today's hearing will be on the two entities within the legislative branch of government: The Copyright Royalty Tribunal and the Copyright Office. The Copyright Royalty Tribunal was created by the Copyright Act of 1976. The Tribunal is composed of five Commissioners appointed by the President, with the advice and consent of the Senate. It presently has two vacancies, probably more a finding of benign neglect by the administration than a conclusion that the agency and its authority are unimportant. The Tribunal is important. It has general statutory authority to make determinations concerning copyright royalty rates in the area of cable television, phonograph records, jukeboxes, and noncommercial broadcasting; and further, to distribute cable and jukebox royalties deposited with the Register of Copyrights. To set the tone for this hearing, I would like to state that I have little doubt that the Tribunal is in dire need of reform. The subcommittee has had a classic case of a broken agency on its hands. I |