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producers of copyrighted works, for the purpose of enabling rapid, inexpensive and convenient economic exchange of moderate fees or royalties for rights to copy or to make other uses of copyrighted materials.

Senator BURDICK. The committee will be in recess until 10 o'clock tomorrow morning.

(Whereupon, at 3:55 p.m., the committee recessed, to reconvene on Thursday, March 16, 1967, at 10 a.m.)

COPYRIGHT LAW REVISION

THURSDAY, MARCH 16, 1967

U.S. SENATE,
SUBCOMMITTEE ON PATENTS,
TRADEMARKS AND COPYRIGHTS OF THE
COMMITTEE ON THE JUDICIARY,

Washington, D.C. The subcommittee met, pursuant to call, at 10:05 a.m., in room 3302, New Senate Office Building, Senator John L. McClellan (chairman) presiding.

Present: Senators McClellan (presiding), Burdick, and Fong:

Also present: Thomas C. Brennan, chief counsel; Edd N. Williams, Jr., assistant counsel; Stephen G. Haaser, chief clerk, Subcommittee on Patents, Trademarks, and Copyrights; and George S. Green, professional staff member, full committee.

Senator McCLELLAN. The committee will come to order. The Chair notes a number of witnesses are already at the witness table prepared to testify and we will hear you.

For the record, the Chair wishes to announce that we may need to interrupt your testimony to hear a Senator or two who may appear. If we interrupt your testimony to hear them, we will have their testimony inserted at another place in the record so there will be continuity of your presentation. But Senators are very busy and sometimes they have three or four committees meeting at once. It is impossible for us to spread ourselves around in order to meet all our responsibilities with government as big as it is today. Should we interrupt your presentation, you will note that it is because we are trying to accommodate Senators who are this day really burdened with responsibilities.

Is each of you to testify?

STATEMENTS OF HAROLD E. WIGREN, CHAIRMAN, AD HOC COM

MITTEE (OF EDUCATIONAL INSTITUTIONS AND ORGANIZATIONS) ON COPYRIGHT LAW REVISION; DR. LOIS V. EDINGER, ASSOCIATE PROFESSOR OF EDUCATION, UNIVERSITY OF NORTH CAROLINA, AND PAST PRESIDENT, NATIONAL EDUCATION ASSOCIATION (SPEAKING FOR THE NEA); MISS TAIMI LAHTI, ASSISTANT EXECUTIVE SECRETARY, DEPARTMENT OF CLASSROOM TEACHERS (NEA); DR. OSCAR CARGILL, PROFESSOR EMERITUS, NEW YORK UNIVERSITY, TESTIFYING ON BEHALF OF THE MODERN LANGUAGE ASSOCIATION; JOHN MAXWELL, CHAIRMAN, SECONDARY SECTION, NATIONAL COUNCIL OF

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TEACHERS OF ENGLISH; DR. CHARLES L. GARY, ASSOCIATE EXECUTIVE SECRETARY, MUSIC EDUCATORS NATIONAL CONFERENCE; HARMON BURNS, LEGAL COUNSEL, NATIONAL CATHOLIC EDUCATIONAL ASSOCIATION; FATHER CLARENCE W. FRIEDMAN, ASSOCIATE SECRETARY, COLLEGE AND UNIVERSITY DEPARTMENT, NATIONAL CATHOLIC EDUCATIONAL ASSOCIATION; AND HARRY W. ROSENFIELD, ATTORNEY AT LAW

Dr. WIGREN. As a panel group, Mr. Chairman. I will be happy to introduce them if you wish me to.

Senator McCLELLAN. You will act then as chairman of the panel in the presentation. Please identify those who are present with you for the record, and then you may proceed.

Dr. WIGREN. Thank you, Mr. Chairman. I am Harold Wigren, chairman of the Ad Hoc Committee of Educational Institutions and Organizations on Copyright Law Revision. I am also the educational television consultant for the National Education Association and the associate director of NEA's Division of Educational Technology.

With me on the panel this morning, beginning on my left, is first of all, Dr. John Maxwell, who is chairman of the Secondary Section of the National Council of Teachers of English.

Next is Miss Taimi Lahti, who is assistant executive secretary of the Department of Classroom Teachers of the National Education Association.

Dr. Lois Edinger, associate professor of education at the University of North Carolina, a member of the National Education Association's board of trustees and a former president of the NEA.

On my right, Mr. Harry Rosenfield, who is the chairman of the legal subcommittee for the ad hoc committee. And Father Friedman, director of the College and University Department of the National Catholic Educational Association; Mr. Harmon Burns, legal counsel for the National Catholic Educational Association. Dr. Oscar Cargill, professor emeritus of the New York University, representing on our ad hoc committee the Modern Language Association; and next to him, Dr. Charles Gary, who is the associate executive secretary of the Music Educators National Conference.

Senator McCLELLAN. There are nine of you, I believe?
Dr. WIGREN. That is correct.

Mr. Chairman, all of us are representatives of organizations who are constituent members of our ad hoc committee, which consists of 34 associations broadly based in the field of education and representative of elementary and secondary schools, higher education, public and parochial schools. When I appeared before you last time, I mentioned to you at the time that this was truly an ecumenical council, because we do represent the broad-based interests of American education. We have been studying the copyright law situation now in a very diligent manner for 3 years and have certain recommendations to make to you here.

We have asked to testify again because the bill on which you are now holding hearings is, of course, not the same bill on which we testified previously. Further, the report on the former House bill has been re

leased in the interim by the House Judiciary Committee. Therefore, we would like to let you know how we feel about the new bill and the report which accompanies it.

I would like to say we regard the bill and the report, Mr. Chairman, as one piece; that is, we consider them together.

Senator MCCLELLAN. You are speaking about the House bill that has been reported out but not yet passed,

Dr. WIGREN. Right, sir. The new bill contains some marked improvements for education. These we appreciate. There are also some areas about which we very frankly are dubious and other areas about which we are keenly disappointed. We should like to delineate each of these in our testimony today.

You will notice that at the table this morning are nine individuals, those I have introduced, representing areas of concern on the ad hoc committee: classroom use of teaching materials by elementary and secondary school teachers and by college instructors, in both public and parochial schools in the fields of English, foreign language, and music. This afternoon, we will have other witnesses who will be representing the broad-based fields of educational technology, uses of computers, educational broadcasting, et cetera. But all of us appear as members of a panel and we do appreciate the time you have given us to devote this entire day to this matter.

We should like to reiterate that there are six fundamental needs of education which must be protected in any revision of the copyright law. I have tried to delineate these in my statement and without reading every word, let me go on to the first need.

Senator MCCLELLAN. Shall we insert your statement in full in the record if you are only going to read excerpts from it?

Dr. WIGREN. I would appreciate your doing so, and if it is agreeable with you, I would like your permission to excerpt from it rather than take the time for the whole testimony.

Senator McCLELLAN. We will let you proceed and I will direct the reporter to insert in the record any part of your statement which you do not read. That, I believe, will take care of it.

Dr. WIGREN. Thank you.
Senator McCLELLAN. Indicate what page you are reading from.
Dr. WIGREN. I am reading now on page 3, Mr. Chairman.

Senator McCLELLAN. If you will indicate as we change pages, we can follow you.

Dr. WIGREN. I am skipping and choosing here which I thought would be helpful.

The six needs I speak of are these : one, the need of teachers to make limited copies of copyright materials for classroom use. The ad hoc committee regards section 107—the fair use provision of the bill and the House committee report--as a marked improvement for classroom teachers over the previous draft. As we interpret it, section 107 in S. 597 gives classroom teachers the right to make limited copies of copyrighted materials for purposes such as "criticism, comment, news reporting, teaching, scholarship, or research.” We appreciate the addition to section 107 in the new bill of the words including such use by reproduction in copies or phonorecords.” This will write into law

use

for the first time that fair use of a copyrighted work includes copying to some degree. We are grateful that the House committee report enumerated at some length examples of reproductions by teachers for classroom purposes of single and multiple copying of materials in the course of teaching which would be considered as "fair" under the provisions of section 107.

I might say this is in keeping with certain agreements which we reached with the publishers and authors last June at the office of the Register of Copyrights. We want to live by those agreements.

Senator McCLELLAN. Then there is no issue between you as to fair

Dr. WIGREN. There are differences between us, but the agreement we reached we will adhere to.

In our original testimony before your committee, you will recall, we had requested a statutory limited copying exemption for education-a new section 111-which we believed then, and we still believe, provides the simplest and easiest way to give the teacher the certainty he needs in his use of materials. As a result of the "summit conferences," as we choose to call the conferences in June, held with the publishing industry representatives and the Authors League, at the Register's office, the present wording of section 107 was agreed upon by both groups as a compromise position, and we are willing to abide by this agreement as a means of reaching an accommodation between the two opposing positions. In so doing, however, we recognize that we have sacrified a general exemption for certain much-needed educational uses of materials and have substituted in its stead a categorical exemption for specific types of uses which are spelled out in the House report. We must emphasize that our acceptance of this compromise is dependent upon retention in the bill of the words “including its reproduction in copies or phonorecords" and of the full listing of examples of reproduction which would be considered 'fair” now included in the report. Anything less than this will be totally unacceptable to the ad hoc committee.

Two. The need to have "fair use" extended to include educational broadcasting and educational uses of computers.

The wording of the House report would appear to add restrictions for educational broadcasting which seem uncalled for by the statutory language in section 107-restrictions which, as a matter of fact, could very well negate altogether the application of the doctrine to educational radio and educational television.

The ad hoc committee sees no reason for this discrimination against educational broadcasting; the "fair use" needs of teaching are the same whether over the air or in the classroom.

We feel, in fact, that educational television is an extension of the classroom. We could even call it televised education, or televised instruction, rather than educational television.

The ad hoc committee holds that the same considerations of fair use should equally apply. with respect to educational uses of computers.

You will be hearing more from our committee members who will testify this afternoon on educational broadcasting and computer uses.

Three. The need for reasonable certainty that a given use of copyrighted materials is permissible.

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