APPENDIX A WASHINGTON, D.C. April 9, 1959. Subject: Conference to Investigate Copyright Problems Affecting Communication of Educational and Scientific Information. DEAR: As a result of an informal meeting of an ad hoc committee on copyright matters, it was concluded that there is a present and serious need for a steering committee to consider the subject problem and to propose and attempt to implement its overall solution. The following were present at this meeting: Dr. Dwight Gray, Science Information Service, National Science Foundation. Mr. Horace Hart, Printing and Publishing Industries Division, Department of Commerce. Mr. Robert W. Hampton, Patent Department, Eastman Kodak Company. Dr. L. B. Heilprin, Council on Library Resources, Incorporated. Miss Anne Jacks, Printing and Publishing Industries Division, Department of Commerce. Mr. Henry E. Jasper, Apparatus and Optical Division, Eastman Kodak Company. Mr. Gerald J. Sophar, The Microcard Corporation. Accordingly, you or a designated representative are invited to attend an all day conference on the above subject which will be held at the Windsor Park Hotel, 2300 Connecticut Avenue, Northwest, Washington, D.C., on Tuesday, May 19, 1959, from 9:30 A.M. to 4:30 P.M. For your information, a list of those invited to participate is furnished as enclosure number 1. The present copyright system presents an increasingly serious problem because of the tremendous need for reproduction and dissemination of scientific and educational information. The communication of this information is unduly restricted under the overall copyright system. Only yesterday, we were concerned with the right to make an occasional copy of copyrighted, scientific or research material for individual research. Today we have efficient methods and techniques for rapid reproduction of printed and graphic material which make it easy and desirable for the individual researcher to copy material when and as he needs it. Now we stand on the threshold of automatic storage, retrieval, and dissemination of information. Methods are already available for inexpensive recompilation of articles, papers and monographs. It is a well known fact today, that scientific information is so fragmented and its sources so diversified, that it is almost a physical impossibility, as well as an economic one, for any group, unless richly endowed, to obtain the necessary permissions to utilize the known copyrighted information as required without building and financing a massive library. New methods, inventions and techniques may solve many of the physical and intellectual problems of handling and disseminating information. The copyright system, as it now works in practice, does not permit the unrestricted circulation of information. It is felt that a more efficient way must be sought to administer the system either through changes in the law or through some structure which will permit the fullest utilization of the present law. It is felt that the interests of our country can best be served through the fullest interchange of scientific and educational information. With this objective in mind, we are interested in investigating how the free flow of informarion can be maintained and advanced on an ethical, legal and efficient basis without depriving the copyright proprietor of his rights. Dr. Howard A. Meyerhoff, Executive Director of the Scientific Manpower Commission, has agreed to be the moderator for this meeting. A tentative agenda is furnished as enclosure number 2. Time has been allowed for presentation of various viewpoints. An early reply as to whether or not your organization will be represented at this meeting would be appreciated. For your convenience, a reply form is furnished as enclosure number 3. A luncheon will be served at a cost of $3.00 per person attending the conference. The informal group calling this conference sincerely hopes that you will recognize the importance of the subject problem and that your organization will participate. Sincerely, GERALD J. SOPHAR (for The Ad Hoc Committee). BACKGROUND CONFERENCE TO INVESTIGATE COPYRIGHT PROBLEMS AFFECTING COMMUNICATION OF EDUCATIONAL AND SCIENTIFIC INFORMATION During the summer of 1958, Mrs. Madeline Berry Henderson of the National Science Foundation and Mr. Gerald Sophar of The Microcard Corporation had several discussions on how copyright has been stifling the flow of scientific information. Mrs. Henderson, a member of the Division of Chemical Literature, American Chemical Society, suggested that it might be very valuable to bring the whole copyright question, as it pertains to scientific communication, into the open and that a good place to begin would be at the American Chemical Society's Fall, 1958, meetings in Chicago. She thereby undertook to arrange a panel. The panel was convened in Chicago on September 10, 1958. Participants were: Dr. Wallace R. Brode, Science Adviser to the Secretary of State. Dr. E. J. Crane, former editor of Chemical Abstracts. Dr. Walter J. Murphy, editorial director, American Chemical Society, Applied Publications. Mr. Foster E. Mohrhardt, Chief Librarian, Department of Agriculture. Mr. R. L. Wright, Chief Counsel, Senate Subcommittee on Copyright, Patents, and Trade Marks. Mr. Gerald J. Sophar, The Microcard Corp. Dr. T. O. Jones, National Science Foundation, moderator. Two important committees are at present concerning themselves with copyright matters: The Joint Committee of the American Library Association, Special Libraries Association, and Association of Research Libraries on the one extreme, which represents the librarians; and the Science Advisory Council of the Scientific Information Service, National Science Foundation, which is concerned with the broad aspects of all problems affecting the dissemination of scientific information. The May 19, 1959, conference was conceived in the hope that these two extremes could be bridged, and that a group, dedicated only to investigating and finding a solution to the whole problem of the effect of the copyright system on communication of educational and scientific information, could be formed. APPENDIX A LIST OF THOSE INVITED TO PARTICIPATE IN CONFERENCE TO INVESTIGATE COPYRIGHT PROBLEMS AFFECTING COMMUNICATION OF EDUCATIONAL AND SCIENTIFIC INFORMATION Mr. Harmar Brereton, General Counsel, Eastman Kodak Company, 343 Stat. Street, Rochester 4, New York Dr. George W. Petrie, Systems Research Department, International Business Machines Corporation, San Jose, California Mr. Raymond Herzog, General Manager, Duplicating Products Division, Minnesota Mining and Manufacturing Corp., 900 Bush Street, St. Paul, Minnesota Mr. Sydney Sternberg, Chief Engineer, Astroelectronics Products Division, Radio Corporation of America, Princeton, New Jersey Mr. J. C. Wilson, President, Halid-Xerox, Inc., 2-20 Haloid Street, Rochester 3, New York Mr. Gerald J. Sophar, The Microcard Corporation, 1725 N Street, N.W., Washington, D.C. Mrs. Madeleine Henderson, The National Science Foundation, Washington 25, Dr. Dwight Gray, The National Science Foundation, Washington 25, D.C. Dr. Walter J. Murphy, American Chemical Society, 1801 K Street, N.W., Dr. Hiden T. Cox, American Institute of Biological Sciences, 2000 P Street, N.W., Washington, D.C. Dr. Elmer Hutchisson, Director, American Institute of Physics, 335 E. 45th Street, New York 17, New York Dr. Cyrus H. Maxwell, Washington Medical Liaison, American Medical Association, 1523 L Street, N.W., Washington 5, D.C. Mr. Edward Williams Lewis, Editorial Department, American Medical Association, 1523 L Street, N. W., Washington 5, D.C. Dr. Richard H. Orr, Executive Director, Institute for Advancement of Medical Communication, 33 East 68th Street, New York 21, New York Dr. Dael Wolfle, Executive Secretary, American Association for the Advancement of Science, 1515 Massachusetts Avenue, Washington, D.C. Mr. Irving C. Boerlin, Chairman, Legislative Committee, National Education Association, c/o Audio Visual Department, Pennsylvania State University University Park, Pennsylvania. Mr. Edward G. Freehafer, Chairman, Joint ALA, SLA and ARL, Committee on Copyright, C/O New York Public Library, 42nd Street and Fifth Avenue, New York 18, New York. Dr. L. B. Heilprin, Council on Library Resources, Inc., 1025 Connecticut Avenue, Washington 6, D.C. Mr. Verner W. Clapp, President, Council on Library Resources, Inc., 1025 Connecticut Avenue, Washington 6, D.C. Mr. Arthur Fisher, Register of Copyrights, Library of Congress, Washington 25, D.C. Mr. George E. Frost, Chairman, Copyright Committee, American Patent Law Association, 135 South LaSalle Street, Chicago 3, Illinois Mr. Elwin A. Andrus, Chairman, Patent, Trade Mark & Copyright Law Section, American Bar Association, First Wisconsin National Bank Building, Milwaukee 2, Wisconsin Mr. Cranston Williams, General Manager, American Newspaper Publishers Assn., 750 Third Avenue, New York 17, New York Mr. Curtis Benjamin, President, McGraw Hill Publishing Company, Inc., 330 West 42nd Street, New York 36, New York Dr. Austin J. McCaffrey, Executive Secretary, American Textbook Publishers Institution, 434 Fourth Avenue, New York 16, New York. Mr. Thomas M. Schmid, Executive Secretary, Assn. of American University Presses, 20 West 43rd Street-Room 514, New York 36, New York Mr. Dan M. Lacy, Managing Director, American Book Publichers Council, 24 West 40th Street, New York 18, New York Mr. Robert E. Kenyon, Jr., President, Magazine Publishers Association, 232 Madison Avenue, New York 16, New York Mr. Horace Hart, Director, Printing and Publishing Industries Division, Department of Commerce, Washington 25, D.C. Mr. Ray Bennett, Executive, Patents Committee, National Association of Manufacturers, 2 East 48th Street, New York, New York Mr. William J. Casey, Hall, Casey & Robinson, 122 East 42nd Street, New York 17, New York Invited as Observer: Mr. Robert L. Wright, Chief Counsel, Subcommittee on Patents, Trademarks and Copyrights, United States Senate, Washington 25, D.C. LIST OF PARTICIPANTS CONFERENCE TO INVESTIGATE COPYRIGHT PROBLEMS AFFECTING COMMUNICATION OF EDUCATIONAL AND SCIENTIFIC INFORMATION Mr. Robert W. Hampton, Counsel, Eastman Kodak Company, 343 State Street, Rochester 4, New York Mr. Henry Jasper, Systems and Optical Division, Eastman Kodak Company, 1015 Wisconsin Avenue, Washington, D.C. Dr. George W. Petrie, Systems Research Department, International Business Machines, San Jose, California Mr. Emerson Gifford, World Headquarters, International Business Machines, New York, New York Dr. H. P. Luhn, Research Center, International Business Machines, Yorktown Heights, New York Mr. Raymond Herzog, General Manager, Duplicating Products Division, Minnesota Mining and Manufacturing Corp., 900 Bush Street, St. Paul, Minnesota Mr. Sidney Kaplan, Chief Engineer, Astroelectronics Products Division, Radio Corporation of America, Princeton, New Jersey Mr. Gerald J. Sophar, The Microcard Corporation, 1725 N Street, N.W., Washington, D.C. Dr. Dwight Gray, The National Science Foundation, Washington 25, D.C. Dr. Karl Heumann, American Documentation Institute, Washington, D.C. Dr. Richard H. Orr, Executive Director, Institute for Advancement of Medical Dr. Graham DuShane, Executive Secretary, American Association for the Mr. Eugene Powers, University Microfilms, Ann Arbor, Michigan Mr. Edward G. Freehafer, Chairman, Joint ALA, SLA and ARL Committee on Copyright c/o New York Public Library, 42nd Street and Fifth Avenue, New York 18, New York Dr. L. B. Heilprin, Council on Library Resources, Inc., 1025 Connecticut Avenue, Mr. Borge Varmer, Register of Copyrights, Library of Congress, Washington 25, Mr. Joseph A. McDonald, Chairman, Patent, Trade Mark & Copyright Law Section, American Bar Association, First Wisconsin National Bank Building, Milwaukee 2, Wisconsin Mr. Elisha Hanson or Mr. Emmett E. Tucker, General Manager, American Newspaper Publishers Assn., 750 Third Avenue, New York 17, New York Mr. Al Kreithen, Man-Machine Information Center, Documentation, Inc., Washington, D.C. Mr. Thomas M. Schmid, Executive Secretary, Assn. of American University Presses, 20 West 43rd Street-Room 514, New York 36, New York Mr. Robert W. Frase, Managing Director, American Book Publishers Council, 24 West 40th Street, New York 18, New York Mr. Horace Hart and Miss Ann Jacks (Non-participant), Director, Printing and Publishing Industries Division, Department of Commerce, Washington 25, D.C. Mr. Reynold Bennett, Executive, Patents Committee, National Association of Manufacturers, 2 East 48th Street, New York, New York Dr. Isaac D. Welt, Cardiovascular Literature Project, Division of Medical Sciences, National Academy of Sciences-National Research Council, Washington, D.C. APPENDIX B COMMITTEE TO INVESTIGATE COPYRIGHT PROBLEMS AFFECTING COMMUNICATION IN SCIENCE AND EDUCATION-FIRST ANNUAL REPORT BY CICP STUDY GROUP MEMBERS OF CICP STUDY GROUP AS OF MAY 1, 1960 Mr. Robert W. Hampton, Eastman Kodak Company. Dr. Laurence B. Heilprin, Chairman, Council on Library Resources. Mr. Daniel Melcher, R. R. Bowker and Company. Mr. Eugene Power, University Microfilms. Mr. Thomas A. Schmid, Association of American University Presses. Dr. I. Albert Warheit, International Business Machines Corporation. EX OFFICIO Dr. Howard A. Meyerhoff, President, Scientific Manpower Commission. MEMBERS OF SUBCOMMITTEE TO DRAFT "OPTIMUM SOLUTION" Mr. Robert W. Hampton, Chairman, Eastman Kodak Company. Mr. Daniel Melcher, R. R. Bowker and Company. Dr. Laurence B. Heilprin, Council on Library Resources. FOREWORD This report by the Study Group of the Committee to Investigate Copyright Problems Affecting Communication in Science and Education (CICP) covers the year from the appointment of the Study Group (June 1959) to the time of writing (May 1960). The report consists of three parts: I. The Problem As We See It Now. II. Proposed solutions to the Problem of Reproduction of Copyright Material for Nonprofit Scientific and Educational Use. III. The Optimum Solution? The three parts represent a continuous development and summary. They show the progress in thinking from just after the first CICP meeting, May 19, 1959, to just before the second meeting, May 18, 1960. The year's work by the Study Group may be summarized as follows. During this period through fact-gathering, discussion and reflection the nature of the problem and proposed solutions became better defined. A point of view was developed as to what an adequate solution should contain (Part I). In the light of this viewpoint a set of specifications was drawn (Part I). The specifications enabled analysis of the proposed solutions (Part II), and (assuming the analysis valid) swept much of the ground clear (Table I, Part II; and Part III). For many of the proposed solutions were found to be lacking in essential features. There remained several solutions of high merit. These it was proposed to use in synthesizing an "optimum solution". A beginning has been made on it (Part III). The chairman takes responsibility for the report because, although it has been reviewed by some members of the Study Group, there has not been time for a fourth Study Group meeting. The report is submitted in the hope that the members of CICP will contribute their criticism, suggestions and guidance as to the next steps. From the discussion on the report should emerge a plan for the second year of CICP. The Study Group wishes to acknowledge the strong support given it by the officers of CICP: Dr. Howard A. Meyerhoff, President; Mr. Joseph A. McDonald, Vice President; and Mr. Gerald J. Sophar, Secretary. It also wishes to gratefully acknowledge support in many forms, ranging from professional advice to the supply of services and facilities: the Copyright Office through Mr. Abe A. Goldman, Chief of Research; the Department of Commerce, through Mr. Horace Hart, Director of Printing and Publishing Industries Division; the Joint Library Association, Special Library Association and Association of Research Libraries Committee on Copyright, through Mr. Edward G. Freehafer, Director, New York Public Library, and Mr. Julius Marke, Law Librarian, New York University; the Council on Library Resources, through Mr. Verner W Clapp, President; the Microcard Corporation, through Mr. A. L. Baptie, Manager; the Eastman Kodak Company, through its Duplication Services and its Legal Department; the International Business Machines Corporation, through its Systems and Research Department under Dr. George W. Petrie. Respectfully submitted by the CICP Study Group. I. The Problem As We See It Now L. B. HEILPRIN, Chairman. At the first CICP meeting, May 19, 1959, we were concerned with an effect of the operation of copyright law, which could scarcely have been predicted when the law was passed in 1909. In science and education communication takes place largely by journal article, book and audio-visual material (to all of which we shall simply refer as "published works" or "publications"). Because of this fact the most common method of dissemination, after primary publication, is to copy. Single copies are often needed by the scholar, research person or teacher. In increasingly many cases multiple copies are required. This is particularly true in the conducting of classes, in drafting scientific and scholarly reports, and in operation of information storage and sissemination systems now appearing on the scientific horizon. A |