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Libraries and Information Sciences is prepared to assume responsibility for financing and to cosponsor with the Conference a project to compile library statistics on photocopying, including testing a payment mechanism. As had been indicated, the interlibrary loan is a very important instrument in providing information, and the added matter of recording the photocopying that is done, and fitting that information into a central clearinghouse, we believe, can be developed in a relatively low-cost system, especially in view of the existing electronic mechanisms and continuing advancement with such mechanism.

Mr. PATTISON. I just have one more question. On page 6, Mr. Karp, you referred to a Xerox per page fee as a royalty, and I am wondering if that is accurate. In other words, is that the charge Xerox makes when they lend a machine to you, whether you are taking pictures of your hand, or some copyrighted material, there is still a fee.

Mr. Karp. You copy a page, the library copies a page on the Xerox machine-I think this is useful to illustrate that point-and Xerox gets paid for every page they copy for the use of its property, 2 cents a page, or whatever the arrangement is. The material on the page to the librarians is of lesser significance, so they say it shouldn't be paid for.

If I may, Mr. Chairman, Mrs. Linden who has been prominent in the deliberations on photocopying and represents several publishers wishes to make a comment.

Mr. DANIELSON. Go right ahead, ma'am. You know we are on borrowed time because the House is in session.

Mrs. LINDEN. I'll try, 2 minutes, thank you very much. The discussion this morning, its major portion centered on the photocopying and duplication of scientific and technical journals. If you would be good enough to look at sections 107 and 108, they deal-section 107– with fair use of all copyrighted material, sheet music, and the library photocopying issue, the most immediate one by consensus of all, relates to scientific and technical journals. But that is not to say that the language promulgated in section 108 relates only to scientific and technical journals. Focusing too narrowly on the most immediate element expressed this morning it is my fear-and I hope unfounded that the larger and fundamental issue might be overlooked, and that is a change in the express language of 108, and the elimination of the subsections requested by the library group would affect all intellectual copyright, books, scientific books, encyclopedias of all kinds, children's books, all literature that we are discussing. And it does so not only retroactively where we are dealing with legislation, but proposes to regulate prospective uses of all intellectual property.

And therefore I urge strongly that we not look so closely to the minute of Professor Low's illustrations which we all concede are fair use, and forget the basic issues that sections 107 and 108 relate to.

Thank you.

Mr. DANIELSON. Thank you, ma'am. For the record, will you give us your name and your affiliation ?

Mrs. LINDEN. My name is Bella Linden; I'm partner in the firm of Linden & Deutsch and represent some of the major educational publishers.

Mr. DANIELSON. I understand we are going to have you back tomorrow, so, this is sort of an advance showing, is that right? No; you are welcome back

[Laughter.]

Thank you. We don't have a quorum call, we are in session, but I have a couple of quick questions and comments I would like to make.

Dr. Cairns, you produced some interesting figures relative to circulation. It would be helpful to me at least, and I think to the other members of the committee, if you could provide us with some data on that. And I hope you will be good enough in doing so, to be very conservative in your computations, so that we will have good, hard figures to deal with. If you would comply with that request, we would appreciate it.

Dr. CAIRNS. We will give you those. [The material referred to follows:]

AMERICAN CHEMICAL SOCIETY,

Washington, D.C., June 25, 1975 Hon. ROBERT W. KASTENMEIER, Chairman, Subcommittee on Courts, Civil Liberties, and the Administration of

Justice, Committee on the Judiciary, U.S. House of Representatives, Wash

ington, D.C. DEAR CONGRESSMAN KASTENMEIER : During the hearings held in May 1975 on H.R. 2223, Congressman Danielson requested supplemental information of the American Chemical Society for inclusion in the record of those hearings. Therefore, I have enclosed for your information and that of the Subcommittee a chart comparing circulation of scholarly journals published by the American Chemical Society during 1969 and 1974. The request for supplemental information, which indicates the magnitude of the decline in circulation of these journals, was made during the discussion of the potential effects of continued photocopying on circulation of scientific journals.

I have also taken the liberty of providing you with a copy of “Copyrighting Physics Journals” by Dr. H. William Koch, Director of the American Institute of Physics. Please note that the article has been reprinted from Physics Today-not photocopied by us. I believe you will find that the article further indicates that the decline in journal circulation is a result of widespread photocopying of single articles.

On behalf of the Society, I wish to thank you again for the opportunity of presenting our views on copyright revision as it relates to the issue of photocopying. The Society would be pleased to cooperate in any way with you and the Subcommittee on Courts, Civil Liberties, and the Administration of Justice in resolving this issue. Sincerely yours,

[graphic]

ROBERT W. CAIRNS. Enclosures.

AMERICAN CHEMICAL SOCIETY

SCHOLARLY JOURNALS-CIRCULATION COMPARISONS 1969 AND 1974

1969

1974

Accounts of Chemical Research
Analytical Chemistry.
Biochemistry
Chemical Reviews
Industrial and Engineering Chemistry, Fundamentals
Industrial and Engineering Chemistry, Process Design and Development.
Industrial and Engineering Chemistry, Product Research and Development
Inorganic Chemistry...
Journal of Agricultural and Food Chemistry.
Journal of the American Chemical Society.
Journal of Chemical Information and Computer Sciences.
Journal of Chemical and Engineering Data..
Journal of Medicinal Chemistry.
Journal of Organic Chemistry.
Journal of Physical Chemistry..
Macromolecules....

Total....

18, 787 34, 947 6, 497 6, 349 9, 998 9,998 10, 258 5,756 4,857 19, 419 2,063 2,619 3, 743 10,557 6, 448 2, 478

11, 430 32, 367 6,964 5,709 6, 349 6, 428 6,427 5,074 5,013 15, 659 1, 948 2, 143 4,043 9, 440 5,271

2,432 126, 697

154,774

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Unauthorized photocopying and republishing by
other institutions threatens the wide dissemination of research
results and the financial stability of our publishing program,

H. William Koch

Changes in the manner of publishing that propagate inadvertent errors, and lems are those, discussed in this arti. and disseminating physics information inaccurate translations into another cle, that arise from wholesale coverhave been coming faster and faster language. But the financial implica- to-cover copying of all, or parts of, AIP during the last decade or so, and with tions are clear. I shall present here and mernber-society journals by foreign them they have brought an increasing. some estimate of the substantial re- institutions, other publishers and lic ly urgent need for changes in copy- duction in AIP and member-society in. braries. righting procedures and practices. come represented by subscriptions lost Every user of American Institute of as a result of unlicensed publication of

The problems Physics and its member societies' jour. complete issues of our journals in for. All of the primary and secondary nals is bound to be affected in some eign markets, of unlicensed use of ab. journals of the AIP and its member soway, as will be the authors contribut. stracts, and of increased photocopying cieties are copyrighted-see figure 1 for ing to the journals, when journal copy- -all matters related to the copyright the complete list. The copyright right ambiguities and inconsistencies questions. The sum could be as high owner (AIP or member society) thereby are clarified. Will the individual as $1 million per year; compare this to enjoys, according to one definition, physicist, or his library, be able to con- the total subscription income of AIP "the exclusive right, granted by law for tinue purchasing primary journals and and its societies, in 1973, of $4 million a certain number of years, to make and secondary-information products at fair (from primary journals) and $275 000 dispose of and otherwise to control market prices--or will he be subsidiz- (from secondary services), and you will copies" of the journals. But this proing the commercial use of these prod. see why AIP and its member societies tection has disadvantages as well as ucts in some other form, or in some cannot afford to neglect copyright advantages arising from the fundamenother country? Will the one quarter of issues. In fact, if the balance becomes tal limitation of statutary copyright all AIP society members who (accord- very much worse, one can see how the generally to the "expression of ideas in ing to one count) themselves contrib- entire physics-publishing operations of a published work."? The copyright proute, as authors, to the physics litera- AIP and its societies would become im- tects against ouuright copying, or para. ture at some time or other be com- periled--with repercussions that would phrasing, but not against a subsequent pletely clear as to their rights to pro. extend far beyond the AIP society original work that utilizes the same tect the scientific integrity of their own membership.

idea? published works? Or will they find I should point out at this stage that There is a marked contrast between ihat questions concerning the re-use of there is no intention of attempting to copyright and patent issuing practices. their works dissolve into a fog of inter- limit the photocopying or reproduction Patents are thoroughly researched and national disagreements?

of single journal articles by individual eventually granted to protect the ideas The issues involved in journal copy. physicists for their own use. Indeed, themselves; copyright is perfunctorily rights have scientific as well as finan. we take a favorable attitude to the in- registered, without research, when the cial significance; they are also funda- creasing use of the primary journal published work and its copyright no. mental and critical at this time. Soci material, such as in abstract journals tice are presented at the Copyright of ety officers are concerning themselves or in translations by foreign publishers. fice and a $6.00 fee is paid. Also, to more and more with the issues and feel This is, after all, in keeping with the establish proof of violation of copyright the need for involving society members Institute's stated aim, the "advance. one must prove actual copying of the in the problems and the resolution of ment and diffusion of the knowledge of work; proof of patent violation, on the these problems.

physics ..." But satisfactory agree- other hand, may be found irrespective The scientific issues are at times · ments must be worked out between the of whether the defendant's work is in. subtie, relating to rewritten abstracts copyright owner and the republisher to deed a copy or is an independent crea. that attempt to duplicate authors' protect the scientific interests of the tion. Incidentally, there is common. original abstracts, uncorrected pages

authors and the financial investments law protection against copying of, un

of the publisher. Unless agreements published works. H. William Koch is director of the Ameri. are completed, problems are bound to In seeking adequate copyright procan Institute of Physics.

develop. Typical of the existing prob- tection for the journals, AIP and its societies are naturally trying to protect stitutional users, such as libraries, uni. ► dollar payments to AIP for lost sub. their financial investment. Currently versities and research laboratories both scriptions for some journals an $8 million per year enterprise, this in the US and abroad. Not only does ► royalty-free permission for AIP and physics-publishing business is worth inadequate sharing exist in the US to. the Optical Society of America to conmore than $30 million when integrated day, but the situation is being aggra- tinue their translations from Russian over the past five years. However, vated by the rapid growth in the tenden- into English of 15 Soviet physics jour. there is another aspect that must also cies of various nations to reproduce and nals, including about half of the Soviet be considered. AIP and society jour. disseminate, within their boundaries,' physics published in joumals, in return *nals contain almost 90% of all the scientific and technical information for: physics research and education results originating in other countries without reproduction privileges in the USSR published in the US. The journals recompense to the original publishers for some of our journals provide a means for establishing scien- for the resulting losses in subscription reductions in the number of com. tisie standards, they are the public rec. income. Because 55% of the 300 000 plete copies of AIP and society journals ord of research performed by members subscriptions sold by AIP for itself and produced in the USSR, competing with of AIP societies, and they are the basic its member societies each year are to our own sales in Asia and both western resource embodying the knowledge of foreign readers and institutions, the and eastern Europe. physics that AIP and its member so- significance to AIP and societies of Negotiations now in progress are ex. cieties are chartered to advance and these international developments is pected to set up a similar pattern of diffuse.

enormous, representing several million future agreements with China, India So what is wrong with copyright as dollars per year.

and other countries. far as we are concerned? The three

My second specific example concerns basic reasons for its inadequacy are: Three examp'es

Physics Abstracts, produced in London ► The antiquated copyright law of

by the Institution of Electrical Engi. 1909, which could not anticipate new To be more specific about these de- neers. This publication uses, verba copying technologies such as computer. velopments let me give in some detail tim, every abstract from every journal ized information systems, photo-' three examples; these are cases where published by AIP and its societies. copying and micropublishing

AIP and society journals are repro. Abstracts taken from AIP and society Rapid expansion in the applications duced by others on an inclusive, cover. journals represent a large fraction of these techniques, without regard for to-cover basis. They concern the pho- more than 25% of the total numbers copyright protection and, therefore, tocopying, for sale, of our joumais by of journal abstracts in Physics Abwithout recompense for lost subscrip- the USSR, the copying of abstracts by stracts. tions

the Institution of Electrical Engineers In recent times, increases in the ► Inconsistent, uncoordinated appli- in London for use in Physics Abstracts, amount of physics literature to be cov. cation by AIP and its societies of the and the reproduction of articles by the ered and in the unit cost of including values and rights represented by the National Lending Library in England each abstract combined to force up the journal properties

for its customers in the UK. These subscription prices to Physics Abstracts, Here I will be dealing with the sec. three examples are typical of the prob. the key IEE service (now at $380 per ond and third of these three points; the lems we are beginning to face on many year compared to $12 per year in 1967). reader is referred elsewhere for several fronts as massive operations threaten The result was the virtual elimination of excellent summaries of the present to displace the roles of AIP and its so- the individual physicist subscriber from copyright laws and attempts at their re- cieties as publishers.

the market for comprehensive abstracts vision.

Last year the USSR signed the Uni- services and the concentration of IEE on

versal Copyright Convention (effective. institutional subscribers. On the other New copying technologies

27 Mey 1973), and one result has been hand, AIP's obligation to attempt to

that we now have some details of the serve individual members with useful Individual physicists have tradition. extent of cover-to-cover photocopying abstract services continued. ally approved of the rapid and wide of journals in the Soviet Union. The In order to meet that obligation, AIP dissemination of science information data in Table I, provided by the has negotiated with IEE to supply AIP's made possible by the photocopying of USSR, show that some 15 A!P and so abstracts in computer-readable form journal articles. Their attitude could ciety journals are currently being pho- end to be recompensed equitabiy for the be summed up as "It's great; who cares tocopied and sold --every page of every substantial savings accruing to IEE as a about the financial and legal details?" issue-in the USSR. The number of result. Part of the agreement would reThis kind of emphasis on easy copying copies of each issue is put at an aver- sult in income to assist in the improveand dissemination may have been ap. age of 400, and sales are made at artiñ. ment in secondary services of the sort propriate ten years ago before other cially set subscription prices to USSR listed in Table 2 and supplied by AIP to signilicant considerations became as and east European customers. The

individuals. Thus the agreement would compelling as they are today. But we additional income AIP would have re- have financial as well as scientific immust now recognize that a means has to ceived had it sold these copies amounts plications and would provide IEE with be developed for obtaining recompense to more than $300 000 per year.

licensed use of AIP's copyrighted abfor the production costs of the journals, We have other data relating to com.. stracts. Abstracts written by authors despite the elusiveness and pervasive- plete translations of AIP and soriety and reviewed by editors are just as much ness of the new copying technologies. journals made in the CSSR, but no de. a part of the journal article as are Otherwise society dues, member sub- tailed information on the books of col. figures, tables, and individual para. scription rates and page charges for lected papers, either photocopied or graphs, all of which are protected by physicists will have to increase, or the translated from our journals, that we copyrights. journals and the societies will have to know in some instances are being pro

We hope that negotiations with IEE stop their operations.

duced in quantities of about 50 000 cop- will lead to the continued use of our Although AIP and its societies have ies each.

aut hor-produced abstracts together been actively developing techniques for With the signing of the Universal

with sone arrangements for sharing of accomplishing and stimulating wide Copyright Convention by the USSR the financial return from the institu. dissemination of physics results, these there is some hope that we can develop tional sale of physics secondary serdevelopments must be coupled with an equitable agreements with them cov. vices. Thus AIP could support the de. appropriate sharing of expenses by in- ering:

velopment of this kind of service for its

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TOTAL SUBSCRIPTIONS (in thousands)

RSI

PUBLICATIONS OF THE AMERICAN INSTITUTE OF PHYSICS AND MEMBER SOCIETIES
Owned and published by AIP
Primary Journals and Proceedings
Applied Physics Letters
Journal of Applied Physics
Journal of Chemical Phys.cs
Journal of Mathematical Physics
Physics of Fluids
Physics Today
Review of Scientific Instruments
AIP Conference Proceedings
Journal of Physical and Chemical Reference Data

RMP
13

PRL

AJP Translation Journals Soviet Astronomy-N Soviet Journal of Nuclear Physics Soviet Journal of Particles and Nuclei Soviet Journal of Ouantum Electronics Soviet Physics-Acoustics

125
Soviet Physics-Crystallography
Soviet Physics-Doklady

AJP
Soviet Physics-JETP
JETP Letters
Soviet Physics-Semiconductors
Soviet Physic&-Solid State
Soviet Physics- Technical Physics
Soviet Physics-Uspekhi
Secondary Publications
Searchable Physics Information Notices (tape)

10Current Physics Microform (microfilm)

RMP
Current Physics Advance Abstracts
Current Physics Titles

JOSA
RSI

PRL
Owned by the American Physical Society
Primary Journals

SOSA Physical Review: A B C:D

Reviews of Modern Physics • Physical Review Letters

Secondary Publications

Bulletin of the American Physical Society • Physical Review Abstracts

JASA • Physical Review Index

RSI Owned by the American Association of Physics Teachers American Journal of Physics

The Physics Teacher
• AAPT Announcer (Dulletinit

Owned by the Optical Society of America
Journal of the Optical Society of America

Program of the OSA (bulletin) • Applied Optics

JCP • Optics and Spectroscopy (translation)

Soviet Journal of Optical Technology (translation)
Owned by the Acoustical Society of America
Journal of the Acoustical Society of America
Program of ASA (bulletin
Owned by the Society of Rheology

APL • Transactions of the Society of Rheology • Rheology Bulletin

RSI Owned by the American Astronomical Society

VST Astronomical Journal

PF Bulletin of the AAS

JAP
Owned by the American Crystallographic
Association

JUST

JMP • ACA Newslettert

RMP
Owned by the American Association of
Physicists in Medicine
Medical Physics
Owned by the American Vacuum Seciety
(affiliated)
The Journal of Vacuum Science and Technology

1

JCP
Ah Ournals are copyrighted by the owner
except where shown otherwise
Jointly copyrighted by AIP and the
American Chemical Society

1945 1950 1955 Not copyrighted

1900 1965

1970

YEAR • Journals shown with this bullet are published by the owning society, the remainder are published

AIP and society publications are listed at left, arranged according to owner. The graph Dy AIP for the society above shows total subscriptions (member plus nonmember) since 1941.

Figure 1

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JOSA

JASA

JAB

JCP

JAP

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AJP

JOSA

JASA

JCP

PF

JAP

AJP

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