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estimated his 1975 sales were up 27% as of Sept. 1 but said much of that gain was in larger markets. He also said spot sales "went into a funk a couple of weeks ago” but that he assumed they would perk up.

Another leading rep with both large and medium-sized markets reported his business up "but not booming,” and thought he would wind up about 3% ahead of 1974-thanks more to regional and rep-network business, he said, than to gains from strictly national accounts. He, too, agreed business was better for large markets than for small. "Some of the guys in small markets are getting killed," another said.

Still other sources estimated that spot business for the first half was 6% to 8% ahead of the 1974 first half—which wasn't great in the opening months but strengthened in April, May and June. Thus, some sources' estimates of 10% to 12% gains this past June were interpreted as reflecting solid midyear strength this year, though some reps challenged the 10%-12% estimate for June gains.

What the reps did not disagree on was the resurgence in network radio business. “It's fantastic," said one rep, using the sort of adjectives network officials themselves are using.

"Sensational" was ABC Radio President Harold L. Neal Jr.'s word. “We're going to have a good year,” he said, crediting all divisions-AM, FM and the four ABC Radio networks-with contributing to that result. Edward F. McLaughlin, president of the ABC Radio Network, said this year's fourth quarter will be the fifth consecutive record quarter for the network, and that “we're looking for 1976 to outperform 1975.” Commercial availabilities, according to Mr. Neal, “are very, very tight" on all four ABC Radio networks.

Sam Cook Digges, president of CBS Radio, predicted 1975 would be the best for his division since 1970—when, he noted, not only did broadcasters still have cigarette advertising but the CBS Radio network also had Arthur Godfrey Show, an exceptionally heavily sold daily program. George J. Arkedis, vice president and general manager of the CBS Radio network, reported-with obvious pleasure—that time was running out: "Advertiser investment on the CBS Radio network has almost exhausted our commercial inventory from 6 a.m. to 6 p.m. during all of August and September," he asserted.

Mutual Broadcasting System's President Little said 1974 was “the biggest calendar year Mutual has had since the beginning of television, the best since around 1949"—and that sales this year will exceed 1974's by close to 40%. That growth, he said, will reflect sales gains both for Mutual, which with 679 affiliates bills itself as the world's largest network, and for its subsidiary Mutual Black Network, with 97 affiliates.

Jack G. Thayer, president of NBC Radio, said the NBC Radio network's sales this year will rival those of 1972, a high spot in recent history. “We're ahead of budget," he added. Ms. Marion Stephenson, vice president and general manager of the radio network, called 1975 “one of our better sales years."

Mr. Thayer and colleagues have been in the throes of getting a second network-the NBC News Information Service-off and running, which presumably has diverted some concentration and caused some dislocation in the sales efforts of NBC-owned stations and converted to the all-news service. Business at those stations, he said, is "fair, not sensational," but improving. As for sales on the all-news NIS network, Mr. Thayer said, “We're gearing up for an Oct. 1 start on selling." Since NIS started last June 18. he said, "we've had some business but it's been the over-the-transom type" as officials have concentrated on "getting the product in shape.” He said the service currently has 55 stations signed, with 48 of them already on line.

The 1975 upsurge in radio business is credited to a variety of factors, and in fact some officials think it harder to explain why business hasn't been booming all along.

Among the more commonly cited comeback causes are growing use by retail accounts at both national and local levels, plus the instant measurability of sales results by retail accounts; increasing availability of co-op funds and stepped-up efforts to make co-op an ever larger source of radio dollars, and both long-term and short-term sales development work by networks, reps, individual broadcasters and trade associations. As summarized by ABC Radio's Mr. Neal, who also is chairman of the Radio Advertising Bureau, “a lot of things are paying off at the same time."

The recession also gets a share of the credit. Advertisers' preoccupation with economy and more insistent demands for media values led many into

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radio for the first time or on a heavier scale than before (for a partial list of “new” advertisers, see page 22). To advance this trend, radio's special values during hard times were promoted widely in a "Radio : Adilation Fighter" on-air campaign, led by RAB, which at its peak earlier this year was on an estimated 2,000 radio stations-and which now, as the recession shows signs of fading, is being recast to emphasize the continued importance of the "adflation fighter" in reaching consumers as the economy turns around.

"In any case," said ABC Radio's Mr. Neal, “there's a lot of momentum going now. I just hope it continues in 1976—and I think it will; we're predicting it will." Almost everyone is.

BEHIND THE BOOM Success in signing up advertisers they hadn't had before is part of the radio networks' 1975 boom. In the lists that follow, each network enumerated advertisers that were new to it in 1975, “new” in each case meaning advertisers which had not been on that particular network in the past two to three years.

ABC Radio.-AMF Inc.'s Harley-Davidson motorcycles; Allstate insurance; Ajay sporting goods; American Home Products; Denorex shampoo; Banfi Wines Corp's Riunite wines; Chattem Drug & Chemical's Sun in Hair Lightener; Chesebrough-Ponds' Hemorr-aid, Bath 'n' Splash, Bath Oil Beads and other products; Del Monte green beans; Duraflame fireplace logs; Discwasher record cleaner; General Electric small appliances ; Georgia-Pacific building products; Jimmy Dean Meat Co.; Michelin Tire Corp.; National Potato Promotion Board; Pennzoil's Penreco Gumout carburetor cleaner; Pillsbury's Figurines ; Schenley's Stock vermouth; Schick razors ; Scott lawn products; Sears' men's jeans, lawnmowers, shirts and slacks; Singer sewing machines; Standard Brands' Curtiss Baby Ruth and Butterfingers candy and Planters peanuts; Volkswagen Rabbit; Warner-Lambert's Dynamints, Rolaids and Cool-Ray sun glasses ; Yamaha International Corp.'s stereo/hi fi and guitars; Yardley of London cosmetics and fragrances.

CBS Radio.--Allis-Chalmers Corp; Allstate Insurance; AT&T; Borden's Kava coffee; British Leyland Motors; Certain-Teed Products Corp.; Control Data Corp.; Jimmy Dean Meats; A.B. Dick Co.; Emery Air Freight; Fedders Corp.; General Foods' Sanka; John Hancock insurance; Heublein Co.; S.S. Kresge's K-Mart stores; Michelin tires; Midas International Corp. ; National BankAmericard; National Pork Producers Council; Jean Patou Inc.; Red Wing Shoe Co. ; Rich Products Inc.; Scott lawn products; Sichel Blue Nun Wine Co.; Standard Brands' Planters peanuts; Western Union; Warner-Lambert's Rolaids.

Mutual.-Ace Hardware; Anheuser-Busch's Michelob beer; Armour-Dial's Armour hot dogs and Dial soap; American Home Products' Denorex shampoo, Quiet World and Dristan; Ballantine Books; Borden's Kava coffee; Conwood Corp.; Chesebrough-Ponds; Dodge cars; Florida Citrus Commission; General Electric; Goodyear Tire & Rubber; Greyhound package express; John Hancock insurance; K-Mart stores; Kelly-Springfield tires; La Choy Foods; Life Savers Inc.; Menley James' ARM allergy relief medicine; Pennzoil's Gumout carburetor cleaner; Pillsbury Co.; Quality Courts motels; Ramada Inns motels; Schenley's Dubonnet and Mateus wines; Scott lawn products; Singer sewing machines; Standard Brands' Planters peanuts; Sterling Drug's new Bayer aspirin products and its Lehn & Fink division's Wet Ones towelettes; Warner-Lambert's Rolaids, Dynamints and American Chicle products; Western Union Mailgrams; Winne. bago campers.

NBC Radio.-Allis-Chalmers Corp. ; American Laundry Machinery ; Bekins mor. ing and storage; British Leyland Motors; Certain-Teed Products Corp. ; A.B. Dick ('0.; Eaton Corp. ; Exxon; Ford Tractor; Fedders central air conditioning; Hartz Mountain pet products; Jimmy Dean meats; S.S. Kresge Co.; Michelin tires; Midas Mufflers; Miles One-a-Day vitamins; Macklenburg-Duncan hardware group; National Bowling Council ; Oxford Industries apparel ; Pennzoil's Gumout carburetor cleaner; Scott lawn products; Sears lawnmowers; Western Union ; Winnebago Industries.

WHAT'S PAST Regardless of the shape in which radio finishes 1975, 1974 was a pretty good year for radio stations. According to the National Association of Broadcasters, in figures released last week, the "typical” radio station (both AM's and FM's) reported a 7.6% increase in revenues for 1974 over 1973. For the "typical" FM station, the revenue increase was nearly three times that figure-22.2%. But

the same FM operation was operating at a net loss of $2,200 in 1974. That was a $3,100 improvement over 1973's performance, and NAB says the upward trend could mean that in 1975, the typical FM could break even for the first time. Profits for the typical radio station were up 4.1% over 1973, although the NAB noted that the typical stations profit margin was 5.4%, continuing a decline for that category begun in 1969. The AM-FM figures were derived from 1,754 responses to an annual questionnaire; the FM-only data came from 320 stations. The complete figures :

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Selected expense items :

Total salaries
Cost of outside news service.
Depreciation and amortization.
Music license fees...

$92, 000

4, 400 9, 400 5,400

$85, 200

3,900 8, 400 4,700

8.0 12.8 11.9 14.9

$60,400 $50, 200

3, 300 1,300 10,000 9, 200 2, 700 1, 900

20.3 153.8

8.7 42.1

MAGAZINE PUBLISHERS ASSOCIATION, INC.,

New York, N.Y., October 31, 1975. Re Copyright Law Revision-H.R. 2223. Hon. PETER W. RODINO, Chairman, Committee on the Judiciary, House of Representatives, Washington, D.C.

DEAR CONGRESSMAN Rodino: The Magazine Publishers Association, Inc. (MPA) wishes to avail itself of the opportunity to submit a written statement presenting its views and suggestions with respect to the above Copyright Law Revision Bill-H.R. 2223 which is now under consideration by the Subcommittee on Courts, Civil Liberties, and the Administration of Justice.

MPA is a national trade association founded in 1919. It is composed of more than 125 individual companies which publish more than 450 periodicals appearing in varying degrees of frequency, such as on a monthly, bi-monthly, weekly, or bi-weekly basis. In virtually all instances these periodicals are statutorily copy. righted and are distributed nationally throughout the United States. More than 3 billion copies of periodicals published by MPA member companies are sold annually.

The interests of the MPA and its publisher members are inextricably bound with matters affecting rights, including copyrights, in literary material. Representatives of MPA have previously appeared before the Committee in person and have submitted position statements at various stages of the Copyright Revision Legislation.

The MPA through the instrumentality of its Legal Affairs Committee has studied and is prepared to comment on certain of the provisions of the Revision **insofar as they either relate to or affect periodicals.” Other important parts of the Revision not relating to periodicals, such as the provisions relating to musical works, motion pictures, sound recordings, cable television etc. will not be covered in this statement.

Sec. 106 sets forth the five fundamental rights that the Revision gives to the copyright owners: the exclusive rights of (1) reproduction, (2) adaptation, (3)

publication, (4) performance, and (5) display, which together constitute the so-called "bundle of Rights”. The next eleven Sections provide various limitations, qualifications, and exemptions of these rights.

Sec. 107 gives the judicial doctrine of "fair use" statutory recognition for the first time. Rather than attempting a definition of "fair use", this Section makes specific mention of four factors (1) the purpose and character of the use, (2) the nature of the copyrighted work, (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole, and (4) the effect of the use upon the potential market for or value of the copyrighted work-to-be included in the factors to be considered in judicial determinations.

Sec. 108 deals with the question of reproduction by libraries and archives. It authorizes the making of one copy "of no more than one article or other contribution to a copyrighted collection or periodical issue, ar . . . of a small part of any other copyrighted work”. There are restrictions against the making of multiple copies and a specific restriction in Sec. 108 (g) (2) against the "systematic reproduction or distribution of single or multiple copies” of copyrighted material by any library or archives or its employee.

Sections 107 and 108 must be read in the light of the decision in the Williams & Wilkins case in which the Supreme Court of the United States in the four to four decision affirmed the decision of the Court below that the unauthorized photocopying of copyrighted medical journals by two government libraries did not constitute copyright infringement on the ground that such copying constituted "fair use". The language of Sec. 108, standing alone, would seem to prohibit copsing of the nature and scope indulged in by the government in Williams & Wilkins. However, Sec. 108 (f) (3) provides that nothing contained in that Section "in any way affects the right of fair use as provided by Sec. 107". It would appear therefore, that, notwithstanding the language of Sec. 108, an attempt could be made to justify multiple copying of the nature and scope present in the Williams & Wilkins case or of even greater magnitude under the application of the prori. sions of Sec. 107 with respect to "fair use". Such a result would distort the statutory scheme and nullify, by indirection, the carefully drawn provisions of Sec. 108.

The MPA-along with book publishers and others prominent in the communication industry-is opposed to the significant erosion of Constitutional and Congressional intent represented by the unrestricted copying permitted in the Williams & Wilkins case and wishes to foreclose any possibility that such copsing could be justified under the provisions of Sec. 107, without reference to Sec. 108. Accordingly, the MPA recommends that Sec. 107 be amended by adding thereto a sentence stating in words or in substance that the making of more than one copy of all or substantially all of a copyrighted work or of any article or other contribution to a copyrighted collection or periodical issue shall in no event be considered a "fair use" thereof.

Sec. 702 of the Revision provides that the Register of Copyright is authorized to establish regulations not inconsistent with law for the administration of the functions and duties made his responsibility under this title, and further provides that all such regulations established by the Register are subject to the approval of the Librarian of Congress, Other Sections of the Revision confirm the intent of the Bill to enlarge not only the administrative responsibility but also the quasilegislative authority of the Copyright Office in the entire area of statutory cops. right protection.

The present Register of Copyrights has adopted the laudable practice of publishing proposed changes in regulations in the Federal Register and requesting comments and suggestions from all parties concerned. The Register has also on one occasion held public hearings on proposed changes in regulations. The MPA feels that the Register of Copyrights is to be commended on affording interested parties the right to be heard on proposed changes in the regulations, and would like to insure that such practice is continued in the future. There is, however, no statutory provision requiring that the Register publish for comment or hold public hearings on any changes in or additions to regulations, and there is no assurance that future Registers of Copyright would follow the precedents set by the present Register in this regard. The MPA believes that this procedural protection is necessary and desirable addition to, and should not be omitted from, this Legislation.

Accordingly, the MPA recommends that, to the extent not covered by existing statutes, the adoption or amending of matters of substance in the rules and reg.

ulations of the Copyright Office be accompanied by advance public notice and publication of the proposed rules or regulations, and that a procedure for public hearings and/or comment on such proposed rules or regulations be instituted.

The above comments and recommendations of the MPA with respect to the Revision shall not be deemed to preclude the MPA or any of its members from making other or additional comments and recommendations.

If further elaboration of any of the above comments and recommendations is required by or would be of assistance to the Subcommittee, the officers of the MPA and members of its Legal Affairs Committee will be at your service. Respectfully submitted.

STEPHEN E. KELLY, President.

Cox, LANGFORD & BROWN,

Washington, D.C., November 5, 1975. Mr. HERBERT FUCHS, Counsel to the Subcommittee on Courts, Civil Liberties, and the Administration

of Justice, Committee on the Judiciary, House of Representatives, Rayburn

House Office Building, Washington, D.C. DEAR MR. FUCHS: Pursuant to our telephone conversation of yesterday afternoon, I am enclosing a copy of a letter sent by Captain John 0. Coppedge to Chairman Kastenmeier concerning recent developments relating to the question of the cable carriage of sports events. As you will recall, Captain Coppedge is the Chairman of the NCAA's Cable Television Subcommittee and testified on the Association's behalf before the Subcommittee earlier this year. I would appreciate your including this letter in the record of the hearings on the Copyright Revision Bill if you feel that that action is appropriate. We would be happy to discuss this matter with you or other members of the Committee staff and to pro vide any information or other assistance that you may feel desirable. Sincerely yours,

EDWARD W. SAUER. Enclosure. THE NATIONAL COLLEGIATE ATHLETIC ASSOCIATION,

Mission, Kans., October 28, 1975. Congressman ROBERT KASTENMEIER, House of Representatives, Rayburn House Office Building, Washington, D.C.

DEAR CONGRESSMAN KASTENMEIER: You are doubtless aware that on July 27 the Federal Communications Commission issued its Report and Order in the proceeding regarding regulation of cable television system carriage of television broadcasts of sports events (FCC Docket No. 19417), and that the meager result of its three-year consideration of the issues was a rule imposing a limitation on cable carriage of events into the immediate area where they are being played, when a local television blackout is in effect.

I am writing this letter in my capacity as chairman of the Cable Television Subcommittee of the National Collegiate Athletic Association, because the Commission's action conclusively demonstrates the pressing need for the Congress to act with regard to the issue of cable carriage of sports events. Because it will provide for secondary transmissions by cable systems of television broadcasts, including sports event broadcasts, the Copyright Law Revision Bill (H.R. 2223), on which we understand your Subcommittee will soon begin markup sessions, is clearly the appropriate vehicle for such action. The need for adoption of provisions in H.R. 2223 which protect colleges and high schools from the impact of cable carriage of certain sports events was fully documented in the NCAA's testimony before your Subcommittee on June 12. Subsequent developments, including the FCC's action and the occurence of still more examples of college games which could not be telecast because of widespread cable carriage into distant communities, provide still further confirmation of the points which we sought on that occasion to bring to the Subcommittee's attention.

The regulation issued by the FCC is completely unresponsive to the concerns expressed by the high schools and colleges. The FCC's rule accords a protection from cable carriage which, although it has application in the context of the telecasting practices of professional sports clubs, is basically irrelevant so far as the colleges are concerned. It does nothing about cable carriage of professional football telecasts into areas where because of the damage imposed on local high

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