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Senator BURDICK. Does it interrupt your continuity if I ask questions?

Dr. HYER. No, that is very fine.

The requirement seems to be that the transmission not go beyond the place where the material being projected is located.

Senator BURDICK. I do not find much difficulty with this, but the problem I find is where the projection comes from 100 miles away to a couple of hundred schools.

Dr. HYER. I would say two things. Very few of our closed circuit television installations, and I think a thousand have been surveyed recently-1,100 actually-most of them are within a single classroom, some within a building. There is only one Hagerstown, for example, in the United States, so that you are not getting this kind of a situation. If you did, I would say that in teaching, it would be very, very seldom that teachers in all the fifth grade classes in a hundred schools would want to use this same picture at the same time, even if it were possible to show it to them.

Now, the department of audiovisual instruction feels that a distinction should be made between open and closed-circuit transmissions since the latter is being directed to a controlled and limited audience.

Closed-circuit television is often used for purposes of enlarging pictures, models, and the like which, if displayed in the classroom, could be seen by only a very small number of students at one time. So you would have to repeat the picture again and again.

Mr. TAYLOR. In this particular picture, an industrial arts teacher is demonstrating a process which only a few youngsters could normally see, but through the use of the television camera to the rear there, more youngsters, with a zoom or telescopic lens on it-more youngsters can then see the demonstration firsthand. This could also be, in the case, of a rather complicated experimental demonstration, used to send to other classrooms in the same school. The instructor might wear a microphone around his neck and the voice of the instructor would accompany the picture.

Dr. HYER. You will notice here again, we are not talking about making copies, but only of performing or displaying the very items that the school bought and paid for. So the question is, if we cannot show them this way, how can we show what we bought to be shown? We feel then, that closed-circuit television should be accorded equal status with face-to-face teaching, because in modern technology, they are almost the same.

In recent years increased emphasis has been given to the importance of individualizing instruction in order to improve the quality of learning. As a result, projected materials are being used more and more on an individual or small-group basis rather than with the entire class. Sometimes this use is in the classroom, sometimes in a learning resources center, or the student may even sign out the tabletop projector and take it and the slides and film strips or other materials home with him as home assignment work just as he would borrow a book from the school library. In other words, it is increasingly the student, not the teacher, who uses the material and the equipment.

Methods of using audio recorded materials are also changing. These, too, were formerly presented to the class as a whole via record players

or tape recorders. Most schools in the United States have public address systems, and many of these have the facility of directing, from one central location in the school, recorded material to any one classroom or group of classrooms.

The proposed copyright law, however, would seem to make it illegal to use a copyrighted recording over the public address system directed to a particular classroom although the same recording could be played in that classroom if equipment were transported to the classroom.

Individualized instruction is also making use of recorded materials. Record players and tape recorders with sets of earphones are becoming common in elementary, secondary, and college and university settings. The language laboratory, which teaches students to speak a foreign language by presenting tape-recorded speech patterns for them to imitate, is enjoying widespread use. Increasingly, however, students are not being moved so much to where the materials and equipment are, but rather the recorded messages are being moved to where the learners are. To this end, a very rapidly growing development is the audio-remote-access systems sometimes known as dial-access.

I think you have some being installed in your school system. Why do you not comment on this?

Mr. TAYLOR. Through the use of a dial-access system, it is possible to store our collection of films, tape recordings, slides, transcriptions, in one center in the school, one room, much as you store the books in a library, then have available units like this at various locations throughout the school buildings. It is possible for a student to come in, sit down, put the earphones on, turn the console on, and dial a program. At this point, we are using materials that we have used ourselves, or only those materials which we can get which are cleared for us on a system like this.

Many of the producers are willing to cooperate with us and help us in looking for solutions to the problem.

But as copyrights now stand, we are not very sure of how safe we are in using these materials, so we have been using very few of them. We would like to have more available.

Dr. HYER. I might say that I heard from one of our members the other day who had written to a number of places to get releases on materials to be used over a tape-recorded system. He found some companies quite a number of the companies were feeling schools could not use them in this way, but he found some companies would permit their materials to be used; so he told me they were putting almost all their business with the companies that allowed them to use the materials they purchased in the way they wanted to use them.

I think that is an interesting comment. The proposed copyright law seems to make the modern information delivery systems illegal. I suppose the basis for this is that the transmission is controlled by students rather than by the teachers on the basis that use by individual students substitutes for purchase of copies.

It is our contention that since no copying is done, such uses as we have cited do not result in reduced sales, but do result in improved teaching and learning. If bill 597 now goes through as it is, we feel we will be required to use horse-and-buggy methods of performance and display with new technological developments.

I am going now to the section on reproductions by teachers for classroom purposes. We are talking about limited copying. One of the major duties of audiovisual supervisors in schools and colleges is to encourage the increased and improved use of new media in teaching.

One way to do this is to hold formal classes for teachers, but this, it has been found, is not as satisfactory as more indirect teaching methods. Let's assume that an audiovisual supervisor has been trying to encourage a teacher to use transparencies in his history classtransparencies are large slides on transparent acetate for use on an overhead projector-the audiovisual supervisor sees a good picture in a magazine which is copyrighted, and he wishes to make a transparency of this picture, present it to the teacher, and encourage him to use the material for the improvement of his instruction. This type of activity is prohibited by the proposed copyright law.

Senator BURDICK. This is a question of delegation. Are you drawing a fine distinction that the teacher could not do it, but her supervisor could do it?

Dr. HYER. Well, again, in the House report on section 107, it says that the fair-use doctrine in the case of classroom copying is limited to, and I quote, "a teacher who, acting individually and on his own volition, makes one or more copies for temporary use by himself or the pupils in his classroom."

Now, I think it does go on to say that the teacher could ask someone to make it for him, but someone else could not automatically make one and say to the teacher, "Look what I found, this would help you class."

in your

Senator BURDICK. That is cutting it pretty fine.

Dr. HYER. This creative teacher, too, once he has made the transparency

Mr. ROSENFIELD. May I read that next sentence?

Senator BURDICK. I understand it.

Mr. ROSENFIELD. It is on page 62.

Senator BURDICK. I think there is some implied agency here to let someone act for the teacher.

Mr. ROSENFIELD. This is specifically excluded: "A different result is indicated where the copying is done by the educational institution, school system, or larger unit, or the copying is required or suggested by the school administration, either in special instances or as part of the general plan." It is specifically excluded.

Senator BURDICK. Proceed.

Mr. TAYLOR. This means, then, that our summer workshops, in preparing materials for use in this system that I explained earlier, the dial-access system, which we hope will help students to learn individually at their own rates of speed, will be hampered greatly. A teacher may come in and make her own material now, but we cannot make it for her use in the classroom and give it to her as part of a package.

Dr. HYER. It appears, too, from the language, that even if the teacher himself made this or made a slide of another type, he is supposed to destroy it at the end of the teaching period, because it emphasizes the temporariness of this and says it can turn into an infringement if these are accumulated over a period of time.

79-397-67-pt. 1—14

Now, copying also is necessary in our work because materials are sometimes not available in a medium format that we need them in. I think, again, I would like you to comment on that.

Mr. TAYLOR. Yes. Recently, in our school districts, we had some students who had serious reading problems. In the course of teaching, one of our teachers found an excellent book by the name of "Susyouki Bean," which uses slang language. This book, when she made reference to it and made quotes from it in the classroom, really sparked students who had heretofore been sort of lackadaisical. They enjoyed the language they heard. However, these same students could not read this book.

It was well illustrated, but still they cannot read it because of their reading difficulties. Using this as a stepping-off point, she thought it would be a great teaching device.

She came to me and said, "Would you please transfer this to video tape, just show the pictures, as Captain Kangaroo does, show the pictures as you read the book."

I said, "No, we cannot do this, under, as I understand it, the present copyright situation."

So I wrote to the publisher and asked, "Will you give us permission to make this transfer."

Two weeks later I received the reply, which said, "We do not hold the copyrights on this, somebody else does; write to them.".

So we have written to them. We have as yet received no reply. We have not done this, and the teachable moment is lost for these students, where we felt we had hit upon something that would interest these students.

Dr. HYER. So often, materials that are on recordings are not available as tapes, and if they are in a book, they are not available for transparency, and so on. So we need to do these things, and to keep them over a period of time.

Now, members of the department of audiovisual instruction are also concerned about the limitations that are placed on educational broadcasting and on the educational uses of the computer in the proposed bill.

Because of our limited time, however, we are not including detailed testimony on these items. We are, however, strongly endorsing testimony related to these topics as presented by Dr. Wigren for the Ad Hoc Committee on Copyright Law Revision-and that will be presented following us by representatives of the National Association of Educational Broadcasters. We just want you to know that we are much back of their testimony.

In conclusion, I think from our testimony, it is evident that teaching has been changing in character and in the way in which it utilizes the materials of instruction. There is decreasing emphasis on the teaching of "a class" and more on the teaching of the "individual child." Much of the schoolwork is on an individualized basis and teachers want materials available for individual children whether presented by the teachers themselves in a face-to-face system or in a tutorial situation over a listening center or over a video-retrieval system.

The department of audiovisual instruction feels sure that many of the hardships that the bill as proposed would create for teaching

and learning were accidental and not intentional. We therefore strongly urge your consideration of the specific amendments to section 110 which the Ad Hoc Committee of Educational Institutions on Copyright Law Revision has presented in the appendix of its testimony. We feel that these changes would go a long way in correcting the limitations now placed upon the use of copyrighted materials for the present and emerging patterns of teaching.

Thank you, Mr. Chairman, for this opportunity to appear before your committee.

Senator BURDICK. If this committee should permit the use of these audiovisual methods, schoolwide, would that be adequate?

Dr. HYER. Do you say, would it be ethical?

Senator BURDICK. That would certainly be a step in the right direction. I do not feel, however, that you would have any adverse effects with a broader interpretation than schoolwide. I think that it is just the matter, as I say, of moving these things in a most economical way. Schools do not, in the United States, even in three elementary schools that are in close proximity to each other, use the same materials in the same way at the same time, so that you are not going to have one use of these, or one copy of something satisfying the needs of all the schools anyway.

Teachers more and more want these things in their classrooms. We see this, and they are going to want them in their individual schools. We see this with film-strip libraries that are going in, and with tape libraries, and pictures. So I think that, as the people said this morning, putting this school-system-wide would not do any more damage than schoolwide.

Senator BURDICK. Well, I want the same things you do. But I am concerned, and that is why we are here. If someone puts a lot of talent and a lot of thought into some kind of audio visual program and that could be used statewide or nationwide, you probably would not have many of those produced. That is what bothers me.

Mr. TAYLOR. Sir, this would be exactly our contention and our fear if there were a possibility of this happening. If we thought we could buy one copy for the State of New York and distribute this, we know we would be cutting our own throats, because to produce a program as good as those commercially available is a very difficult task, a timeconsuming one. We could not afford to do it.

Senator BURDICK. This is my point.

Mr. TAYLOR. We recognize, however, as many of my colleagues do, that if we allow the use on such closed-circuit television programs as you see here, a teacher is not going to be satisfied with this. He will want to screen more of these.

I know that the sales of motion pictures, for instance, in the last year in New York State, in many instances, have gone up 100 percent. This is because we are now getting materials closer to the teacher. The closer we can get them, even with this business of distributing them via closed-circuit television, in many cases, it is for one classroom only.

There is a system available in Norwalk, Conn., where the gentleman can put a film on a projector and send it to one school 10 miles away. They could not afford a film library large enough to handle his teach

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