Text of S. 1758—A bill to amend title 17 of the United States Code to exempt the private noncommercial recording of copyrighted works on video record- 335 D'Amato, Alfonse, a U.S. Senator from the State of New York.. Parris, Stan, a U.S. Representative from the State of Virginia Waz, Joseph, deputy director, National Citizens Committee For Broadcasting .. Friedman, Leon, professor of law, Hofstra University Law School Lagore, Joseph, president, Sony Consumer Products Co., accompanied by Dean Dunlavey, counsel; Ira Gomberg, general counsel; and William Baker, Kretzer, Julius, president, National Association of Retail Dealers of America.. Sheinberg, Sidney, president and chief operating officer, MCA, Inc., accompa- Ladd, Hon. David, Register of Copyrights and Assistant Librarian of Congress for Copyright Services, accompanied by Dorothy Schrader, General Counsel and Associate Register of Copyrights; Harriet Öler, Kent Dunlap, and Mari- Sills, Beverly, chairperson, Coalition To Save America's Music, and general Valenti, Jack, president, Motion Picture Association of America, Inc.; Charl- ton Heston, actor, director, producer, and president of the Screen Actors' Guild; Jay Eliasberg, former vice president, research, CBS Broadcast Group; and James R. Leonard, vice president, Robert R. Nathan Associates, Ferris, Charles D., counsel, Home Recording Rights Coalition; Righard Ander- son, president, Sea Coast Appliance Distributors, Inc.; Nina W. Cornell, president, Cornell, Pelcovits & Brenner Economists, Inc.; Eugene H. Kummel, chairman of the board, McCann-Erickson Worldwide; Carol Tucker Foreman, consultant, Home Recording Rights Coalition.... 457 554 Wayman, Jack, senior vice president, Consumer Electronics Group, Electronic Gortikov, Stanley, president, 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 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...... • Greenspan, Alan-Continued Prepared statement. Reply of the Recording Industry Association of American to the state- 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 422 Comparison of selected responses from available VCR studies.. Comparison of selected responses from available audio taping studies........ 438 Letter to Senator DeConcini, re royalties from three sources.. Sills, Beverly: Testimony 75 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 458 Prepared statement of Donn B. Tatum, chairman, executive committee, 502 Prepared statement of Jud Taylor, president, Directors Guild of America, 508 Prepared statement of Jack L. Copeland, chairman, Copyright Commit- 511 Prepared statement of Richard H. Orear, president, National Association 516 Prepared statement of Gene Allen, International Vice President, Interna- Comments on the statements of the Recording Industry Association of 520 34, 641 45, 645 956 12 64 160 APPENDIX A Prepared statement of Joseph A. Lagore, president, Sony Consumer Products Page 165 Interoffice communication 174 Answers covering all basic details of Sony's home videocorder........... 176 Universal City Studios, Inc. v. Sony Corp. of America, No. CV 76–3520–F. U.S. 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. After the First Sale: The Commercial Resale and Rental of Phonorecords, by Press release of the National Music Council. Letter to Senator Mathias from John Power, American Video Association........ 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 1181 1276 Briefs in the Supreme Court of the United States, Sony Corp. of America, et 1373 PREPARED STATEMENTS Alan Strachan, president, CODART, Inc., Santa Rosa, Calif.. Salvatore T. Chiantia, chairman, National Music Publishers' Association, Inc.. 1030 1035 1043 1055 1058 F. William Troost, associate professor, Los Angeles Trade-Technical College..... 1061 1062 Frederick Rosa, co-owner, Videotape Industrial Productions, Inc., Madison, 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, 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. (1) |