Witnesses-Continued Peer, Ralph, vice president, Peer-Southern Organization; director, Quayle, Donald R., senior vice president for broadcasting, Corporation for Public Broadcasting.. Prepared statement_ _ Raskind, Leo J., representing the Association of American Law Prepared statement.. Ringer, Barbara, Register of Copyrights, Library of Congress. Prepared statement_. Rockwell, Dr. Margaret, Washington Ear.... 272 91, 1779, 1807, 1865, 1901 Sandler, Jack B., chairman, Government Relations Committee of the Book Manufacturers Institute, Inc. Prepared statement_. Sheppard, Dr. Walter, representing the Association of Public Radio Simon, Gerald A., managing director, Cambridge Research Institute. Prepared statement. Smith, Eric H., associate general counsel, Public Broadcasting Prepared statement.. Steinbach, Sheldon E., staff counsel, American Council on Education__ Prepared statement.. Summers, John B., general counsel, National Association of Broadcasters Prepared statement_ Tegtmeyer, Rene D., Assistant Commissioner for Patents, Department of Commerce. Prepared statement.... Wally, I. Alan, president, Record & Tape Association of America Page 1645 Wasilewski, Vincent T., president, National Association of Broad casters 859 863 Prepared statement.. Wasserstrom, Alfred H., copyright attorney.. Prepared statement-- Wicks, David O., Jr., Becker Communications Associates Prepared statement.. Wolff, I. Sanford, the American Federation of Musicians (AFL-CIO), and the American Federation of Television and Radio Artists (AFL-CIO).. Prepared statement. Won Pat, Hon. Antonio Borja, a Representative in Congress from Prepared statement.. Zurkowski, Paul G., president, Information Industry Association.... 1695 1697 1757 1401 693 690 859 865 268 1663 1666 Prepared statement. 704 Valenti, Jack, president, Motion Picture Association of America, Inc., 777 774 163 1694 1238 1251 1366 1363 1142 1217 598 607 1298 1298 1717 1743 1745 340 332 Additional material 1 Affidavits and letters concerning licensing of copyrighted products to "Cable Television Under the 1972 Rules and the Impact of Alternative 1975, to Hon. Robert W. Kastenmeier.. American Broadcasting Companies, Inc., prepared statement_. American Guild of Authors and Composers and the National Music 1586, 1641 American Society of Composers, Authors, and Publishers, prepared statement._ 925, 947 Biemiller, Andrew, director, Legislative Department, AFL-CIO, letter dated July 22, 1975, to Hon. Robert W. Kastenmeier... – 1335 Bresnan, William J., president, Cable Division, Teleprompter Corp. 849 Broadcast Music, Inc., prepared statement.... 389, 962, 965 Burns, Aaron, president, International Typeface Corp., letter dated July 28, 1975, to Hon. Robert W. Kastenmeier.. 1020 517 243 1228 "Copyrightability of Typeface and Type Font Design," statement of position, Castcraft Industries, Inc. Coyle, Maurice J., M.D., Department of Radiology, Providence Hospital, Anchorage, Alaska, letter dated July 9, 1975, to Hon. Peter W. Rodino, Jr. _ _ Davis, Hal C., president, American Federation of Musicians, letter dated July 18, 1975, to Hon. Robert W. Kastenmeier__ Feist, Leonard, National Music Publishers' Association, Inc., letter dated October 3, 1975, to Hon. Robert W. Kastenmeier.. Finn, James B., Ph. D., senior vice president, research and development, the C. V. Mosby Co., letter dated August 8, 1975, to Dr. Ray Alan Woodriff General license agreement, restaurants, taverns, nightclubs, and similar establishments. Harris, James A., president, National Education Association, pre- Hightower, John B., chairman, Advocate for the Arts/Association Ivy, Emma G., R.N., Wrangell General Hospital, Wrangell, Alaska, Keaney, Kevin J., general counsel, Federal Librarians Association, prepared statement.. King, Frank Peewee, composer, prepared statement.. Korman, Bernard, general counsel, American Society of Composers, Page 743 Lindow, Lester W., executive director, Association of Maximum Service Telecasters, prepared statement. Lorenz, John G., Acting Librarian of Congress, letter dated August 178 827 252 215 1658 1194 689 1651 265 385 274 263 215 262 394 383 845 174 172 209 254 Additional material-Continued Marshall, Nancy H., director, Wisconsin Interlibrary Loan Service, Mathews, Hon. David, Secretary, Department of Health, Education, Mercer, Johnny, composer, prepared statement_ Nathan, Robert R., president, Robert R. Nathan Associates, Inc., & Composers, prepared statement.. Nimmer, Prof. Melville B., professor of law, UCLA School of Law, Norwood, Frank W., executive secretary, Joint Council on Educational Parker, Michael, director, Typographical Development Mergenthaler Passano, William M., chairman of the board, Williams & Wilkins Co., Rayin, Mona (R.N.), instructor coordinator of R.N. Programs and 1640 825, 1385 920 1038 Period," vol., No. 223, Federal Register, November 18, 1975.. "Registration of Original Typeface Designs," vol. 39, No. 176, Federal Register, September 10, 1974.. Ringer, Barbara, Register of Copyrights, letter dated June 6, 1975, to Ruck, Don V., vice president, National Hockey League, prepared Schrader, Dorothy M., General Counsel, Copyright Office, prepared Stevens, Hon. Ted, a U.S. Senator From the State of Alaska, letter statement-- "The Great American Rip-Off," by Mike Terranova, a pamphlet Times Mirror, prepared statement.. "Typeface Design Protection," statement of position of the American September 10, 1975-- November 7, 1975---. Valenti, Jack, president, Motion Picture Association of America, Inc., Vanantwerpen, F. J., president, Council of Engineering and Scientific Society Executives, prepared statement... Wally, Alan I., president, Record and Tape Association of America, letter Association, prepared statement- Wigron, Harold E., National Education Associations.. Woodriff, Dr. Ray, Department of Chemistry, Montana State Univer- Young, Hon. Don, a Representative in Congress From the State of Appendixes Appendix 1.-Teleprompter Corp. memorandum on Constitutionality Appendix 2.-18 briefing papers submitted by the Copyright Office.. of Copyright Issues (dealing with library photocopying).. Appendix 4.-Miscellaneous communications.... Page 215 261 381 1054 883 1041 260 214 1017 1016 1008 813 1015 1659 207 1265 852 1226 1724 1736 369 1263 367 276 265 214 1917 2051 2092 2124 COPYRIGHT LAW REVISION THURSDAY, JUNE 12, 1975 HOUSE OF REPRESENTATIVES, SUBCOMMITTEE ON COURTS, CIVIL LIBERTIES, The subcommittee met, pursuant to call, at 9:30 a.m., in room 2226, Rayburn House Office Building, Hon. Robert W. Kastenmeier [chairman of the subcommittee] presiding. Present: Representatives Kastenmeier, Danielson, Drinan, Badillo, Pattison, Railsback, and Wiggins. Also present: Herbert Fuchs, counsel, and Thomas E. Mooney, associate counsel. Mr. KASTENMEIER. The committee will come to order for the purpose of continuing our hearings on matters related to copyright revision. I will encourage both the members of the committee and the witnesses, particularly in colloquies, to be as concise as possible. We are confronted with the fact the House will be in session at 10 o'clock, and undoubtedly there will be interruptions this morning. So that we can continue in an orderly fashion and get the substance of the testimony, I will encourage the colloquies to be as brief as possible. This morning during the first segment of the hearing, the committee would like to hear about the issue involving news archives. There are two witnesses present who will address themselves to that question. First, I would like to call Mr. Robert Evans, who is vice president and general counsel of Columbia Broadcasting, on the question of the news archives. You are welcome, as you were 10 years ago. Will you commence. [The prepared statement of Mr. Robert V. Evans follows:] STATEMENT OF ROBERT V. EVANS, VICE PRESIDENT AND GENERAL COUNSEL, CBS INC. My name is Robert Evans. I am Vice President and General Counsel of CBS. I appear today to oppose those provisions of section 108, namely subsection (f) (4) and subsection (h), which, in our opinion, discriminate unfairly against owners of "audiovisual news programs" by making their rights inferior to the rights of the owners of other copyrighted works. Moreover, the problem addressed by these unusual provisions is not one that requires Congressional action because it is being resolved by private initiative. Section 108 deals with limited reproduction and distribution rights for libraries and archives. Subsection (f) (4) provides that "Nothing in this section-shall be construed to limit the reproduction and distribution of a limited number of copies and excerpts by a library or archives of an audiovisual news program ***." Subsection (h) tracks the language I have just quoted-for the purpose of making clear that, although musical, pictorial, graphic and sculptural worksas well as motion pictures and other audiovisual works-are specifically excluded from the reproduction and distribution rights granted in section 108, audiovisual works dealing with news are not so excluded. A law that says creators of television news programs-and those creators are not confined to the television networks, because two-thirds of television news programs are created by local stations rather than the networks-receive less protection than the creators of television entertainment programs seems manifestly unfair. Why should a local station that produces a documentary on a subject of national interest find that outsiders, who made no contribution whatsoever to its creation, are perfectly free under the law to reproduce it without permission or payment? It is true that subsection (f) (4) speaks of a "limited number of copies and excerpts," but whatever that limited number is, it may very well represent the entire market for the program. It has always been the theory of our copyright law that copyright protection exists to encourage the creation of superior works and that the best way to do that is to ensure that their creators would be financially rewarded if the works found public acceptance. I submit that subsection (f) (4) has just the opposite effect for audiovisual news programs. Not only is this provision unfair; it is also unnecessary. We understand that it was introduced by Senator Baker to insure the continuation of the Vanderbilt University Archive. But the Vanderbilt Archive is hardly a national repository. CBS has no objection to the establishment of a genuine national repository of television programs in the Library of Congress, along the lines proposed in Senator Baker's 1973 bill. With a few minor clarifications CBS would be happy to support the enactment of such legislation. However, even should national repository legislation not be enacted, subsection (f) (4) is unnecessary because CBS last year entered into an agreement with the National Archives and Records Service pursuant to which CBS delivers a recording in the form of a video tape cassette of every hard news broadcast presented on the CBS Television Network. These cassette recordings are available for viewing by researchers and others at the National Archives in Washington, and copies of the recordings are also available at the 11 Branch Archives throughout the country, at the six Presidential Libraries and at public, college, university, and other libraries everywhere in the United States. Subsection (f) (4) is also unnecessary because CBS recently put into effect a new policy under which it is licensing schools and school districts for as little as $25 a year to record off the air programs of THE CBS MORNING NEWS, THE CBS EVENING NEWS, and THE CBS WEEKEND NEWS for in-school educational and instructional purposes. We are confident that the other networks will not leave these fields to CBS alone. In short, the problem of access to recordings of news broadcasts is being resolved by private initiative. To summarize-subsection 108(f) (4) and the provision of subsection 108 (h) which makes an exception of "an audiovisual work dealing with news" are not only discriminatorily undesirable, they are also unnecessary. They should be stricken from the bill. TESTIMONY OF ROBERT V. EVANS, VICE PRESIDENT AND GENERAL COUNSEL, CBS, INC. Mr. EVANS. My name is Robert Evans. I am vice president and general counsel of CBS. I appear today to oppose those provisions of section 108, namely subsections (f) (4) and subsection (h), which in our opinion, discriminate unfairly against the owners of audiovisual news programs by making their rights inferior to the rights of the owners of other kinds of copyrighted works. Moreover, the problem addressed by these unusual provisions is not one that requires Congressional action because it is being resolved by private initiative. Section 108 deals with limited reproduction and distribution rights for libraries and archives. Subsection (f) (4) provides that "nothing in this section shall be construed to limit the reproduction and distribution of a limited number of copies and excerpts by a library or archives of an audiovisual news program." Subsection (h) tracks the language I have just quoted for the purpose of making clear that al |
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