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go, and I responded that my belief was that the charges go as high as $3,000 or $3,500 for a whole school district. This appears on pages 14 and 15 of the transcript.

I was mistaken in my response. The fact is that for the largest school districts (those with pupil enrollment of over 500,000) the maximum annual fee is $500. I regret not having had this information in mind during the hearing and respectfully request that this letter be put into the record so that my error may stand corrected.



Mr. DRINAN. Mr. Chairman, I have several more questions, but I will defer them at this time.

Thank you.

Mr. KASTENMEIER. Thank you, Mr. Evans. We appreciate your presence this morning.

Next, the Chair would like to call Mr. Paul C. Simpson.
Mr. Simpson, you have a brief statement, you may proceed.
[The prepared statement of Mr. Paul C. Simpson follows:]


Mr. Chairman and members of the subcommittee: I am Paul Simpson of Nashville, Tennessee, and am appearing here today as an individual citizen at my own expense. I have, for over seven years now, been interested in the fact that network television news is recognized as the most important source of information about national and international affairs. I have therefore, believed that it should be retained as broadcast and made as easily and readily available as technology permits, for research, review and study both now and in the future. Since learning in 1968 that these broadcasts were not being retained at the networks or elsewhere, I have devoted a great deal of time to this matter.

In 1968 I was instrumental, financially and otherwise, in the establishment of the Vanderbilt Television News Archive at Vanderbilt University in Nashville, Tennessee. This has been and is the only existing operative archive of video tapes of all three network television evening news programs.

I have read with great interest the attached page S16162 of Congressional Record-Senate of September 9, 1974. I would like to endorse the remarks of Senator Howard Baker as reported on this page and request permission to include this page $16162 as part of my statement.

I not only favor the passage of a copyright bill that would not prevent Vanderbilt from doing what it is doing in its television news archive operation but also one that would not prevent any library in the Country from doing the same. I recognize that it is probable that costs involved by the present state of technology make necessary one or two collections of network television news open for use on a national basis. Because the expense involved makes it financially unlikely that there will be many such collections, it is important that the tapes in these collections be as readily and easily available as possible.

This in turn, makes it imperative that any collection now established or that may be established by congressional action or by library action not be thwarted by the Copyright Law in making this material available to the public for reference, research and study. The proliferation of video tape recorders and players will make and in many instances already has made it as reasonable for a library user to view video tape material in his home as for him to read a library book there, or a copy of a library newspaper there. The copyright law should not prevent libraries making television news material as easily and as conveniently available as they make other such news material available from the library. With regard to television news as with other library news materials, if the original copy cannot be taken away from the library, then the library should be free to make copies for the user to use away from the library. And the user should be free to obtain individual news stories and news items from a television news collection as he is to get copies of news stories and news items from newspapers in the library.

To permit the copyright law to be so revised as to be useful in blocking public access to old television news broadcasts would be an injury to the public interest.

That the public has the right to see old television news broadcasts-and by "old" is meant those already aired-is substantiated by publicly granted privileges which, if withheld, would make the existence of television news impossible. For a very small fee television stations are licensed by the public to use the publicly owned airwaves. Because the airing of news via television is deemed to be for the public good and in the public interest, television stations are required by law to air news broadcasts. And the news broadcasters are granted exceptional privileges, even by proposed H.R. 2223 itself. For example: Copyrighted materials. such as books, newspapers, and magazines may be quoted and otherwise used in "news reporting" with or without permission of the copyright holder; under Section 107 of H.R. 2223. And other privileges are extended. For example: Newsmen, including television newsmen-with their lights and their cameras-are permitted access to publicly owned property, denied to the average citizen, (certainly an individual equipped with cameras and lights) in order to gather the news. To have, then, an exclusive-rights copyright that would, in effect, deny the average citizen access to these news stories as televised, (after being televisedat a profit to the network) except with the express permission of the broadcaster, does not seem to be proper.

To summarize, the newly revised copyright legislation should not prohibit libraries from:

(1) Recording news broadcasts from the air;

(2) Making them available for viewing at the library and copies for viewing elsewhere;

(3) Making, at specific request, copies of single stories or news items from the broadcasts available, just as such services are rendered by libraries from newspaper collections.

These privileges should be granted to libraries and the users of libraries for the following reasons:

(1) Television news broadcasts are too significant as a record of the times not to be retained as aired.

(2) Broadcasters themselves have traditionally not retained these programs. (3) Libraries are beginning to recognize their own obligations in this regard. (4) Television news is now being recognized by scholars as significant source material.

(5) Television news is broadcast for the public good and in the public interest. (6) Television broadcasters enjoy privileges granted by the public which makes television news possible.

(a) right to use airwaves.

(b) exemption from copyright restrictions on material used as part of "news reporting".

(c) access to and freedom of use of public property, including installation of such equipment as lights and cameras, which is denied the average citizen but which is granted the newsman to assist him in performing his work of gathering the news.

Libraries should have the same right to collect and circulate television news broadcasts that they have traditionally had to collect and circulate copies of newspapers and other forms of print journalism. The revised copyright law should not abridge this right, of the libraries and so of the general public.

For these reasons I urge the retention in H.R.2223 of Section 108(f) (4) and the words "other than an audiovisual work dealing with news" in Section 108 (h). Thank you for the privilege of appearing before you.

[From the Congressional Record-Senate, Sept. 9, 1974]

Mr. BAKER. Mr. President, I send to the desk a modification of the amendment necessitated by the reprinting of the bill as reported, and ask that the amendment be modified accordingly.

The PRESIDING OFFICER. That is the Senator's privilege.

The modification is as follows:

On page 1, line 1, strike "On page 10," and insert in lieu thereof "On page 94,”. On page 1, line 2, strike "On page 10," and insert in lieu thereof "On page 94,". On page 1, line 9, strike "On page 11," and insert in lieu thereof "On page 95,". The amendment as modified is as follows:

On page 94, line 40, strike out the period.

On page 94, between lines 40 and 41, insert the following:

57-786-76-pt. 2- -2

"(4) 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 subject to clauses (1), (2), and (3) of subsection (a).".

On page 95, line 16, immediately before the comma, insert "other than an audiovisual work dealing with news".

The PRESIDING OFFICER. The Senate will be in order. The Senator from Tennessee has the floor.

Mr. BAKER. Mr. President, I ask unanimous consent that the names of the distinguished senior Senator from Florida (Mr. GURNEY), the distinguished Senator from Arizona (Mr. GOLDWATER), and my colleague from Tennessee (Mr. BROCK) be added as cosponsors of this amendment.

The PRESIDING OFFICER. Without objection, it is so ordered.

Mr. BAKER. Mr. President, amendment 1803, as amended, will insure that if S. 1361 becomes law, the Vanderbilt University Television News Archive located in Nashville, Tenn., can continue operation.

For many years historians and other scholars have relied extensively on contemporary news accounts in their research into American past. Universities, libraries, and other institutions have long realized the value of preserving newspapers, periodicals, books, and other printed matter for this purpose. The advent of microfilm and computer techniques have made the reproduction and storage of printed material far more practical.

However, today radio and television are major news forces. Although the print media continue to exert great influence and are capable of providing the kind of indepth coverage often beyond the capacity of broadcast journalism, television is documenting the mainstream of the continuing evolution of civilization. Historic events of thousand-year importance are being recorded in a most professional and marvelous way. Because many Americans depend upon television for much of their information about national and international matters, their perception of these matters is undoubtedly affected by television news. Certainly a thorough understanding of the Vietnam war or the events of the Watergate period, would be incomplete without reviewing the television network news reports produced during those times in our history.

Despite the obvious importance of preserving network television news, we have no institution performing this function on a permanent and systematic basis.

At the present time, however, Vanderbilt University operates a television news archive a depository that contains tapes of the evening news programs and special news events of the three television networks for that period. The television news archive makes off-the-air videotape recordings of the evening television news, prepares indexes of the contents and leases copies of complete broadcasts or compilations of coverage of specified subjects for specified periods upon request from scholars and researchers. Although a fee is charged those using the archive which is based upon the cost of production, the operation of Vanderbilt's archive has been financed solely by private contributions.

Vanderbilt is to be commended for the pioneering efforts it has made in this field. However, because we need the guarantee of a national commitment from the Federal Government, I introduced S. 2497 to require the Librarian of Congress to establish and maintain a library of television and radio programs, and for other purposes. Unfortunately, no action has been taken on this bill and therefore our only means of preservation of the nightly news on an organized basis which is accessible to all Americans is at the Vanderbilt Television News Archive.

I have been advised by the Register of Copyrights that under S. 1316 as reported by the Judiciary Committee, none of the special exemptions from exclusive rights would absolve Vanderbilt of copyright liability. Thus, if S. 1361 passes in its present form, Vanderbilt would have to negotiate with each of the networks for the right to continue their operation, with all of the uncertainties such negotiations involve.

The work that Vanderbilt is doing is too important to the Nation to risk it not being continued until we have made a national commitment to serve the nightly news and special news events produced by the three television networks.

Inasmuch as this activity is strongly impressed with the public interest, it seems to me that my amendment asks little of the three major networks who have been given use of a valuable public resource through their television licensos which are conditioned solely on their obligation to serve the public interest, convenience, and necessity.

I urge my colleagues to study this amendment as amended and consider the implications of failing to insure Vanderbilt's continued operation.

I ask unanimous consent that the name of the Senator from South Carolina (Mr. THURMOND) be added as a cosponsor of the amendment.

The PRESIDING OFFICER, Without objection, it is so ordered.

Mr. PASTORE. Mr. President, will the Senator yield?

Mr. BAKER. I yield.

Mr. PASTORE. How far does this go? We talk about local news and we talk about national news. How far does the amendment go? I mean, I think the amendment has tremendous merit, but I wonder what the cost is going to be, and what the essentiality of it is.

Mr. BAKER. Mr. President, I appreciate the question of the distinguished chairman of the subcommittee.

This amendment will cost the Government nothing, because the cost of the service is borne by Vanderbilt University and by nonprofit trusts that are created on behalf of Vanderbilt University to carry this out. The amendment provides that it shall be fully lawful under this act for Vanderbilt University to continue to make these tape recordings at its own expense, and make available the tapes for scholars and researchers, and not for commercial use.

Mr. PASTORE. Mr. President, I believe it is a valuable amendment, and the Commerce Committee is willing to accept it.

The PRESIDING OFFICER. The question is on agreeing to the amendment, as modified, of the Senator from Tennessee.

The amendment, as modified, was agreed to.

Mr. BAKER. I move to reconsider the vote by which the amendment was agreed to.

Mr. PASTORE. I move to lay that motion on the table.

The motion to lay on the table was agreed to.


Mr. SIMPSON. Mr. Chairman and members of the subcommittee, I realize that you have an extremely busy schedule today and with your permission I would like to read just part of the statement.

Mr. KASTENMEIER. Without objection the remainder of your statement together with the attachment will be accepted as part of the record.

Mr. SIMPSON. Thank you. I am Paul Simpson of Nashville, Tenn., and I am appearing here today as an individual citizen at my own expense. I have, for over 7 years now, been interested in the fact that network television news is recognized as the most important source of information about national and international affairs.

I have therefore believed that it should be retained as broadcast and made as easily and readily available as technology permits, for research, review, and study both now and in the future. Since learning in 1968 that these broadcasts were not being retained at the networks or elsewhere, I have devoted a great deal of time to this matter.

In 1968 I was instrumental, financially and otherwise, in the establishment of the Vanderbilt Television News Archive at Vanderbilt. University in Nashville, Tenn. This has been and is the only existing operative archive of video tapes of all three network television evening news programs.

I would like to let the statement speak for itself and make some comments at this time. First of all, about Senator Baker's proposal for the Library of Congress and the reaction of CBS to that proposal. I have been involved in this matter now since the spring of 1968 and when I found that the network programs were not being retained anywhere in the United States, persuaded Vanderbilt University to set up an archive for the purpose of keeping the evening news. I furnished

the original relatively small amount of money to start with and that. amount of money ran out very shortly. And then I was able to get money from others to continue it.

In January of 1969 I visited all three networks and made an effort to get them to take over the program of retaining the news and making it available. In the spring of 1969, four members of Congress, a Republican Senator from Tennessee, a Republican Congressman from Tennessee, a Democratic Senator from Tennessee, a Democratic Congressman from Tennessee (in the Nashville district) wrote a joint letter to the Library of Congress asking that they look into the question of this material being kept at the Library of Congress.

The Library of Congress sent three people to Nashville to see what the Vanderbilt television news archive was doing and then wrote letters to the presidents of all three networks. I am sorry to say that while two of the networks responded, to the best of my knowledge, the then president of CBS did not acknowledge the first letter from the Library of Congress nor did he acknowledge a follow-up letter written in the fall of that year.

I mention that for one purpose and one purpose only, I think that the urgency of this news material being kept and being made available, both now and in the future, is just too strong to permit it to depend on a network deciding to or not to keep the material or to or not to make it possible for somebody else to; and because I did have experience in 1969 to indicate there was no real interest on the part of CBS in the material being kept and being made available.

In regard to the agreement with the National Archives which was made, the final agreement was made last year, I would like to comment briefly on that. The agreement for the National Archives provides that they (CBS) will furnish tapes to the National Archives, that these tapes will be available for viewing at the National Archives at the branches of the National Archives or the Presidential Libraries.

I understand, at the present time, that equipment for viewing the tapes is not available in the branch libraries and I am of the opinion that it is not available at this point in the National Archives. It seems to me, I am sure, that the viewing equipment will be made available but I think it is going to be extremely difficult for a student, a person in Tennessee, to have to go to Atlanta, Ga., and look at a copy of a tape which has been secured by the Georgia office from the National Archives in Washington. I do not think they will have the money to be able to do that.

So far as the interlibrary loan agreement is concerned, the interlibrary loan agreement specifically excludes undergraduate college students. It applies only to graduate students and professors. I think it is absolutely essential that we begin to develop in this country a body of researchers of television and think the only way you can do that is to have college students begin to think about doing it while they are undergraduate students. So, to exclude them I think would be a very bad thing to do.

The agreement also contains a specific provision that the tapes cannot be taken out of the library. Unfortunately, my research over 7 years, and this is something I hope will be changed, but my research indicates that almost no libraries at the present time have video tapeviewing equipment. On a great many college campuses, the viewing

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