"(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 licenses 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.

TESTIMONY OF PAUL C. SIMPSON, NASHVILLE, TENN.

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

equipment is in a resource learning center which is most often not in the library, most often not controlled by the library. That is something else I personally think should be changed but that is the condition existing now.

So, under the agreement between CBS and the National Archives, the library would not have viewing equipment and the tapes could not be taken, even across the campus to another building, to the resource center or to some department that might have video tape viewing equipment. The agreement with the National Archives is limited to a 2-year basis with renewal being negotiated at that time. I think those are some of the faults of the National Archives arrangement. So far as the school systems are concerned, I have only heard of one school system that has signed up for that, there may be others. I am intrigued by the requirement that the tapes must be erased within 30 days. It would mean, for example, that a professor who wanted to use a tape would certainly have to rush it into his schedule because at the end of 30 days it would have to be erased and he could not use it.

I feel that television news is one of the most important news sources in this country today. Every survey indicates that more people get their knowledge about national and international affairs from the network news programs than they do from any other source. Mr. Taylor, president of CBS, was quoted in Broadcasting magazine of May 5, 1975, on page 14, when he appeared in the Senate in regard to the Fairness Doctrine, to have said: "It is a potential tool for determined and unscrupulous public officials to destroy what is, in effect, the only national daily press that this diverse Nation has."

It does not seem proper to me for all of the local presses to be available and then for the only national press not to be available both now and in the future. I am of the opinion that instead of access to it being restricted, I think, as the other two networks apparently think, it is so important that it should be as widely available as possible. Thank you, sir.

Mr. KASTENMEIER. Mr. Simpson, thank you for your statement. You are not officially associated with Vanderbilt University or Vanderbilt television news archive at Vanderbilt?

Mr. SIMPSON. The word "official" is a little bit bothersome to me. I am an unpaid administrative consultant and a member of the three-man administrative committee of the archives. My pay is poor but my hours are extremely good.

Mr. KASTENMEIER. Mr. Simpson, you are fully familiar nonetheless with the relationship of Vanderbilt University's problem with Columbia Broadcasting System, I take it?

Mr. SIMPSON. I graduated from law school many years ago and the word "fully" bothers me; I am not fully informed about everything that takes place. I do know a great deal about it, yes, and I am not trying to dodge the issue, it is just a fact.

Mr. KASTENMEIER. I am trying to determine how much of this you are personally familiar with. Are you familiar with the suit, the ongoing suit.

Mr. SIMPSON. Yes, sir.

Mr. KASTENMEIER. Is it your understanding that NBC and ABC pose no particular objections to what Vanderbilt University is doing in terms of its news archive?

Mr. SIMPSON. We understand that is correct. My own personal knowledge, I do not know of my own personal knowledge, I have read accounts stating that to be true.

Mr. KASTENMEIER. You stated, however, you received two letters, letters from two networks presumably not the

Mr. SIMPSON. I am sorry, I must have misspoken.

Mr. KASTENMEIER. You said you or the university had heard from two networks concerning

Mr. SIMPSON. The Library of Congress in 1969 wrote all three networks and it did not receive word from two.

Mr. KASTENMEIER. As far as news programs go, do you understand that news program does not include interview shows and news documentaries and other public affairs presentations?

Mr. SIMPSON. I would understand it in a term of hard news programs in the way that the networks use it. I would also understand it in the same context, the same meaning as a "news reporting" in section 107 of the proposed Copyright bill which gives to the networks themselves. and other news people the right to use copyright material.

Mr. KASTENMEIER. There is a substantial difference, is there not, between an archival use of material and educational use of ephemeral material such as that described by Mr. Evans, that is to say, that which is thought to be sold and erased after 30 days as a transitory educational use of the material. But when you talk about archival use, you are talking about long-term preservation of materials, are you not?

Mr. SIMPSON. Yes; I think that because of the expenses involved and the present state of technology there are only going to be a very few archives of television news material. I think that will change sometime in the future but now it is going that way so I think whatever archives existed should be available on a national basis and should be as easily available as possible.

Mr. KASTEN MEIER. The reason I raised that is your description of the use of this collection of Vanderbilt tends to be somewhere between a true archival preservation and an educational use. You talk about it being available to the undergraduates of Vanderbilt in some sort of educational process as opposed to strictly a preservational archival use of the material.

Mr. SIMPSON. I very strongly believe it should be available for both purposes. It is an expensive operation-particularly expensive for a library to undertake. We, for example, estimate that only about $2 to $3 out of each $100 of money spent is retrieved in service fees, so it is very expensive. I think it would be too expensive just to keep it for current years, too expensive just to keep it for use 25 or 50 years from now. So, I think if you can combine the two, that is what should be done.

Mr. KASTENMEIER. We have preserved much of motion picture films over the years, although some of the older motion picture films have decayed. Is it your intention that this be preserved over a long period of time, in perpetuity or scholarship uses of those you may wish to examine many, many years hence?

Mr. SIMPSON. Yes; I think it should be preserved for a long time. And we are somewhat worried by the fact that we do not know how long video tape will last. Definitely the material which Vanderbilt has, which goes back to 1968, should be transferred to archival quality film. It is just that the money has not been available to do that.