For example, there is no history of per-use licensing of performing rights which might guide the Copyright Royalty Tribunal. Performing rights have uniformly been licensed on a blanket basis, both in this country and abroad. Blanket licensing is recognized as the least costly method of bulk licensing, assuring the widest possible use of copyrighted works at the lowest cost of the user. The proposed per-use statutory scheme would require public broadcasters to account for all their uses of copyrighted works and to show each type of use. Consider the many different kinds of uses broadcasters may make of copyrighted works-the same songs may be featured as part of a star performer's act, be used as the theme for a program or station, be heard as background throughout the broadcast, be part of a promotional announcement, be instrumental only, or vocal only, etc. What would be the basis for calculating appropriate rates for each different use, or for the same kinds of uses varying only in duration? The recordkeeping burden such licensing would place on public broadcasters would be heavy indeed. This bookkeeping burden is likely adversely to affect the copyright owners and ultimately, the public. We may be sure that public broadcasters would seek to mitigate the costs of this recordkeeping burden, perhaps by avoiding the use of copyrighted works. If so, copyright owners would suffer direct, economic loss, and the public would be deprived of at least some music it would otherwise hear. A compulsory per-use licensing scheme is an unknown quantity, introducing costs and concerns where none presently exist. The blanket license which other broadcasters request and which we have offered to public broadcasting ensures that public broadcasters need not be concerned about how much or whose music is being used. In addition, the Mathias Amendment as drafted could very well allow nonbroadcast use of copyrighted works under the compulsory license. Subsection (b) of the Amendment provides: "For the purposes of this section, 'public broadcast' shall mean production, duplication, interconnection, distribution and transmission of 'educational television or radio programs' by or for 'noncommercial educational broadcast stations' It may well be that the public broadcaster or some other entity distributing a recording of a public broadcast program for non-broadcast purposes, for example to a school, would be entitled to a compulsory license under the Amendment. Public broadcasting has expressed a desire for such "audiovisual" licenses in its negotiations with us and with copyright owners. We have no such rights to license. The copyright owners, who do have the rights, have responded with suggested machinery which meets all of public broadcasting's legitimate needs. Again, this is a use which has, in every case, been licensed solely by the individual copyright proprietor, and for which no compulsory license is necessary or appropriate. CONCLUSION The public broadcasting industry has offered no reason it should be treated differently from the rest of the music-performing world. The arguments they have advanced are illusory-no other user of copyrighted music has ever encountered any of the "difficulties" they envision. Quite the contrary, we and other copyright licensors have attempted to cooperate with the public broadcasters and to meet their needs. We remain ready to do so and believe we are very close to a mutually satisfactory agreement on the basis of current discussions, the latest of which was held on July 8, 1975. The Mathias Amendment should be recognized for what it is-an unnecessary and dangerous appendage to the copyright law. It should not be adopted. EXHIBIT A WUNC-TV, UNIVERSITY OF North Carolina, Summary Schedule of a TYPICAL WEEK MONDAY MORNING 8:55 Morning news summary: Primarily for school "homerooms" and first hour classes. 9:00 U.S. history: 11th grade level. Five days a week. Basic resource for approximately 10,000 students. Produced under contract with North Carolina Department of Public Instruction. 9:30 Physical science: Ninth grade level. Basic resource for approximately 12,000 students. Produced under contract with the North Carolina Department of Public Instruction. 10:00 World history: 10th grade level. Basic resource for approximately 7,000 students. Produced under contract with the North Carolina Department of Public Instruction. 10:30 Mathematics: Eighth grade level. Basic resource for approximately 9,000 students. Produced under contract with the North Carolina Department of Public Instruction. 11:30 Creative Person (NET). 11:30 Spectrum/Science Reporter (NET). MONDAY AFTERNOON 12:00 Aspect: In cooperation with the Agricultural Extension Service. Keeps farmers and homemakers abreast of current developments of interest to them. 12:30 Midday news: 15 minutes rounding out the noon "service hour." Source: Associated Press broadcast wire and press releases. 2:15 Geography: Ninth grade level. Basic resource for approximately 5.000 students. Produced under contract with the North Carolina Department of Public Instruction. 6:00 News: A 15-minute summary. (See 12:30.) 6:15 Aspect: A rebroadcast of the 12:00 farm and home program. 6:45 The Friendly Giant (NET): For children, ages 3 through 6. Stories, poems, playlets. 7:00 What's New (NET): For children, ages 7 through 12. Adventure, history, science, etc. 7:30 Public Affairs (NET). 8:30 Encounter: Discussion program, 1 hour. Local and national authorities. Topics such as: "Medicare," "North Carolina Court Reform,” "The Law and the Indigent." "The Population Explosion," "Problems of the Aging," "The Status of Women," "Alcoholism," etc. TUESDAY MORNING 8:55 Morning news summary: Primarily for school "homerooms" and first hour classes. 9:00 U.S. history: 11th grade level. Five days a week. Basic resource for approximately 10,000 students. Produced under contract with North Carolina Department of Public Instruction. 9:30 Physical science; Ninth grade level. Basic resource for approximately 12,000 students. Produced under contract with the North Carolina Department of Public Instruction. 10:00 World history: 10th grade level. Basic resource for approximately 7,000 students. Produced under contract with the North Carolina Department of Public Instruction. 10:30 Mathematics: Eighth grade level. Basic resource for approximately 9,000 students. Produced under contract with the North Carolina Department of Public Instruction. 11:00 Public Affairs (NET). 12:00 Aspect: In cooperation with the Agricultural Extension Service. Keeps farmers and homemakers abreast of current developments of interest to them. 12:30 Midday news: 15 minutes rounding out the noon "service hour." Source: Associated Press broadcast wire and press releases. 12:45 Lip reading: For the deaf and friends of the deaf to help develop the skill of lip reading through demonstration and practice. 1:45 Science and nature: A weekly enrichment program for junior and senior high schools. Covers the gamut from spaceships to seashells. 2:15 Geography: Ninth grade level. Basic resource for approximately 5,000 students. Produced under contract with the Department of Public Instruction. 3:30 Parlons Francais teacher's program: An in-service program to prepare classroom teachers for the next day's in-school lesson. 5:30 Young People's Corner: Events, information for the junior high school level. 6:00 News: A 15-minute summary. (See 12:30.) 6:15 Legislative Report: Discussions and interviews with members of the North Carolina State Legislature. 6:45 The Friendly Giant (NET): For children, ages 3 through 6. Stories, poems, playlets. 7:00 What's New (NET): For children, ages 7 through 12. Adventure, history, science, etc. 7:30 The Creative Person (NET). 8:00 The French Chef (NET). 8:30 Landscaping Your Home: Renters and homeowners are helped in solving their landscaping problems. 9:00 Science and Engineering Television Journal (NET). 9:30 College Credit Course: History 599, political and social history of North Carolina to 1835. Carries 2 semester hours of credit. WEDNESDAY MORNING 8:55 Morning news summary: Primarily for school "homerooms" and first hour classes. 9:00 U.S. history: 11th grade level. Five days a week. Basic resource for approximately 10,000 students. Produced under contract with the North Carolina Department of Public Instruction. 9:30 Physical science: Ninth grade level. Basic resource for approximately 12,000 students. Produced under contract with the Department of Public Instruction. 10:00 World history: 10th grade level. Basic resource for approximately 7,000 students. Produced under contract with the North Carolina Department of Public Instruction. 10:30 Mathematics: Eighth grade level. Basic resource for approximately 9,000 students. Produced under contract with the North Carolina Department of Public Instruction. 11:00 Parlons Francais (NET): Instruction in spoken French for three primary levels. WEDNESDAY AFTERNOON 12:00 Aspect: In cooperation with the Agricultural Extension Service. Keeps farmers and homemakers abreast of current developments of interest to them. 12:30 Midday news: 15 minutes rounding out the noon "service hour." Source: Associated Press broadcast wire and press releases. 1:30 Music in the Air: A weekly enrichment program for primary grade music classes. 2:15 Geography: Ninth grade level. Basic resource for approximately 5,000 students. Produced under contract with the North Carolina Department of Public Instruction. 2:45 Science and Nature: A weekly enrichment program for junior and senior high school. Covers the gamut from spaceship to seashells. 3:30 Methods for Modern Teachers: An in-service series produced in cooperation with the North Carolina Department of Public Instruction and the School of Education. 4:45 Lip reading: For the deaf and friends of the deaf to help develop the skill of lip reading through demonstration and practice. 5:00 College Credit Course: First year algebra. Carries 3 semester hours credit. 6:00 News: A 15-minute summary. (See 12:30.) 6:15 Aspect: A rebroadcast of the 12:00 farm and home program. 6:45 The Friendly Giant (NET): For children, ages 3 through 6. Stories, poems, playlets. 7:00 What's New (NET): For children, ages 7 through 12. Adventure, his tory, science, etc. 7:30 Public Affairs (NET). 8:30 Public Affairs (NET). 9:00 Volume One: An anthology-events, information, and discussions of local interest. Topics such as: "Peace Corps," "Songs of the Lads in Gray." "Readings from Modern Drama," and "Songs and Stories of Carolina." 9:30 Basic Concrete Technology: Informal instruction designed as an aid for contractor, builders, and architects. THURSDAY MORNING 8:55 Morning news summary: Primarily for school "homerooms" and first hour classes. 9:00 United States history: 11th grade level. Five days a week. Basic resource for approximately 10,000 students. Produced under contract with the North Carolina Department of Public Instruction. 9:30 Physical science: Ninth grade level. Basic resource for approximately 12,000 students. Produced under contract with the North Carolina Department of Public Instruction. 10:00 World history: 10th grade level. Basic resource for approximately 7,000 students. Produced under contract with the North Carolina Department of Public Instruction. 10:30 Mathematics: Eighth grade level. Basic resource for approximately 9,000 students. Produced under contract with the North Carolina Department of Public Instruction. 11:00 World of Music (NET). 11:30 Public Affairs (NET). THURSDAY AFTERNOON 12:00 Aspect: In cooperation with the Agricultural Extension Service. Keeps farmers and homemakers abreast of current developments of interest to them. 12:30 Midday news: 15 minutes rounding out the noon "service hour." Source: Associated Press broadcast wire and press releases. 2:15 Geography: Ninth grade level. Basic resource for approximately 5,000 students. Produced under contract with the North Carolina Department of Public Instruction. 6:00 News: A 15-minute summary. (See 12:30.) 6:15 Aspect: A rebroadcast of the 12:00 farm and home program. 6:45 The Friendly Giant (NET): For children, ages 3 through 6. Stories, poems, playlets. 7:00 What's New (NET): For children, ages 7 through 12. Adventure, history, science, etc. 7:30 You the Deaf: Sign language, lip reading, visuals are used to communicate topics of interest to the deaf. 8:00 World of Music (NET). 8:30 Japanese Brush Painting (NET). 9:00 Performance: Series of concerts with faculty members and students from area colleges and universities. 9:30 College Credit Course: History 599, political and social history of North Carolina to 1835. Carries 2 semester hours credit. 10:15 Lip reading: For the deaf and friends of the deaf to help develop the skill of lip reading through demonstration and practice. FRIDAY MORNING 8:55 Morning news summary: Primarily for school "homerooms" and first hour classes. 9:00 United States history: 11th grade level. Five days a week. Basic resource for approximately 10,000 students. Produced under contract with the North Carolina Department of Public Instruction. 9:30 Physical science: Ninth grade level. Basic resource for approximately 12,000 students. Produced under contract with the North Carolina Department of Public Instruction. 10:00 World history: 10th grade level. Basic resource for approximately 7,000 students. Produced under contract with the North Carolina Department of Public Instruction. 10:30 Mathematics: Eighth grade level. Basic resource for approximately 9,000 students. Produced under contract with the North Carolina Department of Public Instruction. 11:00 Parlons Francais (NET): Instruction in spoken French for three primary levels. FRIDAY AFTERNOON 12:00 Aspect: In cooperation with the Agricultural Extension Service. Keeps farmers and homemakers abreast of current developments of interest to them. 12:30 Midday news: 15 minutes rounding out the noon "service hour." Source: Associated Press broadcast wire and press releases. 2:00 Una Aventura Español: Instruction in spoken Spanish for the elementary level. 5:00 College credit course: First year algebra. Carries 3 semester hours credit. 6:00 News: A 15-minute summary. (See 12:30.) 6:15 Aspect: A rebroadcast of the 12:00 farm and home program. 6:45 The Friendly Giant (NET): For children, ages 5 through 6. Stories, poems, playlets. 7:00 What's New (NET): For children, ages 7 through 12. Adventure, history, science, etc. 7:30 Spectrum/Science Reporter (NET). 8:00 Festival of the Arts (NET). 9:00 Local "special" programs: One-time-only programs such as "North Carolina Symphony," highlights from the "Fine Arts Festival," and addresses by campus visitors of note. SUNDAY 2:00 Basic Concrete Technology: Informal instruction designed as an aid for contractors, builders, and architects. 2:30 Landscaping Your Home: Renters and homeowners are helped in solving their landscaping problems. 3:00 The French Chef (NET). 3:30 Public Affairs (NET). 4:00 Spectrum/Science Reporter (NET). 4:30 The Creative Person (NET). 5:00 Performance: Series of concerts with faculty members and studentsfrom area colleges and universities. 5:30 Public Affairs (NET). 6:30 The World of Music (NET). 7:00 8:00 Public Affairs (NET). Festival of the Arts (NET). EXHIBIT B SUMMARY SCHEDULE OF A TYPICAL WEEK WUNC-TV, CH. 4, CHAPEL HILL, NORTП CAROLINA, WEEK OF JUNE 21-JUNE 27, 1975 |