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457

554

Wayman, Jack, senior vice president, Consumer Electronics Group, Electronic
Industries Association; accompanied by J. Edward Day, special counsel;
Elmer Cooper, chairman, Committee Against Regulation of Video Enter-
prises, and owner of Video Supermarket, Washington, D.C., accompanied by
Stuart Eizenstat, counsel to the committee

Gortikov, Stanley, president, Recording Industry Association of America, Inc.;
F. E. Draper, executive director, Muscle Shoals Music Association; Victor
W. Fuentealba, president, American Federation of Musicians; Jack Go-
lodner, director, Department of Professional Employees, AFL-CIO; and Dr.
Alan Greenspan, counsel, Recording Industry Association of America, Inc....

ALPHABETICAL LISTING AND MATERIALS SUBMITTED

Anderson, Richard:

Testimony.

Prepared statement

Cooper, Elmer:

Page

641

701

618

621

DeConcini, Dennis: Letter from Sen. Mathias to Sen. Thurmond, in general

Testimony

Prepared statement

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D'Amato, Alfonse: Testimony.

support of legislation

Denton, Jeremiah: Prepared statement.......................................................................

689

692

699

591

594

5

19

971

Draper, F. E. (Buddy):

Testimony

Prepared statement

Eizenstat, Stuart:

Testimony

Prepared statement

Eliasberg, Jay:

Testimony

Prepared statement

Ferris, Charles D.:

Testimony.

971

973

689

692

530

532

554

Prepared statement

557

Memorandum from Nina W. Cornell and Michael D. Pelcovits. Prepared on behalf of the Motion Picture Association by Robert R. Nathan Associates....

578

Memorandum from Nina W. Cornell and Steven R. Brenner, commenting on the statement of Jay Eliasberg before the House Judiciary Committee......

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• Greenspan, Alan-Continued

Prepared statement.

Reply of the Recording Industry Association of American to the state-
ment of the Electronic Industries Association..

Addendum..

Heston, Charlton:

Testimony

Prepared statement

Kretzer, Julius: Testimony..

Kummel, Eugene H.:

Testimony

Prepared statement

Ladd, David:

Page

920

659

680

522

524

37

626

629

Testimony

Prepared statement

356

361

Universal City Studios v. Sony Corp. of America, 659 Federal Reporter, 2d
Series.........

422

Comparison of selected responses from available VCR studies..
Motion picture and television sales in foreign countries........

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Comparison of selected responses from available audio taping studies........
Letter from Yutaka Kimura, Deputy Director, Copyright Division, Cultur-
al Affairs Department, Japan

438

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Letter to Senator DeConcini, re royalties from three sources..
Letter to Senator DeConcini, with enclosure: "Memorandum of Constitu-
tional Law on Copyright Compensation Issues Raised by the Proposed
Congressional Reversal of the Ninth Circuit's Betamax Ruling," by
Laurence H. Tribe, professor, Harvard University, dated Dec. 5, 1981
Response to Professor Tribe's memorandum

Sills, Beverly:

Testimony

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75

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77

129

441

Prepared statement, with enclosure

451

Valenti, Jack:

Testimony

457

Prepared statement

461

Letter from Frito-Lay, Inc. stating it will not pay for viewer ratings that
include home taping...

458

Prepared statement of Donn B. Tatum, chairman, executive committee,
Walt Disney Productions

502

Prepared statement of Jud Taylor, president, Directors Guild of America,
Inc.......

508

Prepared statement of Jack L. Copeland, chairman, Copyright Commit-
tee, Training Media Distributors Association

511

Prepared statement of Richard H. Orear, president, National Association
of Theatre Owners....

516

Prepared statement of Gene Allen, International Vice President, Interna-
tional Alliance of Theatrical Stage Employes and Moving Picture Ma-
chine Operators of the United States and Canada.

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Comments on the statements of the Recording Industry Association of
America, Inc., and of Alan Greenspan

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520

34, 641

45, 645

956

12

64

160

APPENDIX A

Prepared statement of Joseph A. Lagore, president, Sony Consumer Products
Co

Page

165

Interoffice communication

174

Answers covering all basic details of Sony's home videocorder...........

176

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Universal City Studios, Inc. v. Sony Corp. of America, No. CV 76–3520–F. U.S.
District Court, C. D. California, Oct. 2, 1979.

191

Universal City Studios v. Sony Corp. of America, Nos. 79-3683, 79-3735, and 79-3762, U.S. Court of Appeals, Ninth Circuit, decided Oct. 19, 1981

233

Petition for rehearing.....

250

Letters to the Los Angeles Times.

265

Compendium of news articles, editorials, and cartoons in support of consum

ers...

266

Complaint for copyright infringement, unfair competition, and declaratory judgment.

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After the First Sale: The Commercial Resale and Rental of Phonorecords, by
Jonathan C. Sapirstein...

Press release of the National Music Council.

Letter to Senator Mathias from John Power, American Video Association........
Transcription of remarks by Mark Green, lawyer, before the National Associ-
ation of Attorneys General following a debate between Charles Ferris and
Jack Valenti...

997 1039

1070

1089

The Case For Home Recording Rights by the Home Recording Rights Coalition...

1112

Home VCR & Copyright by the Home Recording Rights Coalition
Articles clipped from various newspapers

1181

1276

Briefs in the Supreme Court of the United States, Sony Corp. of America, et
al., v. Universal City Studios, Inc. and Walt Disney Productions.... 1287, 1315, 1336
The Video Marketplace in 1990: Diversity and Growth in Perspective, by
CBS..

1373

PREPARED STATEMENTS

Alan Strachan, president, CODART, Inc., Santa Rosa, Calif..

Salvatore T. Chiantia, chairman, National Music Publishers' Association, Inc..
Jon A. Baumgarten, partner, law firm of Paskus, Gordon & Hyman.
John Marmaduke, president, Hastings Books & Records, Amarillo, Tex..............
Joan Ganz Cooney, president, Children's Television Workshop

1030

1035

1043

1055

1058

F. William Troost, associate professor, Los Angeles Trade-Technical College.....
Jerry Moss, chairman, A. & M. Records.......

1061

1062

Frederick Rosa, co-owner, Videotape Industrial Productions, Inc., Madison,
Wis.......

1066

Richard Soukup, owner, Video Station Stores, Madison, Wis.......

1068

Ervin Drake, on behalf of the American Guild of Authors and Composers and the Nashville Songwriters' Association, International.....

1073

Robert J. McEwen, S. J., on behalf of the Consumer Recording Rights Committee

1081

Pfizer, Inc.

1099

Training Media Distributors Association.

1107

COPYRIGHT INFRINGEMENTS

(Audio and Video Recorders)

MONDAY, NOVEMBER 30, 1981

U.S. SENATE,

COMMITTEE ON THE JUDICIARY,
Washington, D.C.

The committee met, pursuant to notice, at 2:15 p.m., in room 6226, Dirksen Senate Office Building, Hon. Dennis DeConcini (acting chairman of the committee) presiding.

Present: Senators DeConcini and Denton.

Also present: Senator D'Amato and Congressman Parris.

Staff present: Eric Hultman, general counsel; Tim McPike, counsel; and David Van Engelhoven, assistant to minority counsel, Subcommittee on the Constitution.

Senator DECONCINI. The full Judiciary Committee will come to order.

I welcome the distinguished group of witnesses here, Senator D'Amato and Congressman Parris, who will have statements in just a moment.

This is a hearing of the full Judiciary Committee on S. 1758. Senator Strom Thurmond, the chairman of the committee, could not be here right at this time. He is tied up with administration officials and asked that I introduce in the record his statement of introduction in commencing these hearings. [Material follows:]

PREPARED STAtement of Chairman Strom THURMOND

Today, the Judiciary Committee will hear from a wide variety of witnesses on S. 1758, a bill introduced by Senators DeConcini and D'Amato to reverse the decision of the Ninth Circuit Court of Appeals finding off-the-air recording an infringement of the copyright law. I am a cosponsor of S. 1758 and believe that it is sound legislation.

As my colleagues are also aware, in 1976 when the Copyright Act was last revised, a number of difficult issues involving copyright protection were raised. In response, the Congress passed a law that contained several provisions to protect copyright owners such as the mechanical royalty for records and a compulsory license for secondary transmission by cable. Some witnesses will advocate the consideration of similar protections for copyright owners where both video and audio recorders are involved. There will probably be suggestions that a royalty fee on blank tape be given consideration by the Committee.

Understandably, these are important issues, but I hope they would not impede the ultimate passage of legislation to correct the decision of the Ninth Circuit Court of Appeals. In the meantime, I know the Committee will listen to all sides in this debate and keep an open mind on these important questions.

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