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Senator LEAHY. Thank you very much.

Mr. Young, you mentioned in the printed version of your testimony that you have been asked also to redo or restore some of the old Technicolor films.

Is that correct?

Mr. YOUNG. We haven't as yet. We have the capability to do that.

Senator LEAHY. What you do in that case would be to deal contractually with whomever owned that Technicolor film?

Mr. YOUNG. That's correct. If the owner so decided and asked us to color it in our version, we could very conceivably colorize a movie that was shot in color.

Senator LEAHY. If the owner wanted to change the color of any particular thing, clothes, car, set, you could do that?

Mr. YOUNG. With good taste always being the▬▬
Senator LEAHY. Technically you could do that?
Mr. YOUNG. Technically we can do it, yes.

Senator LEAHY. A number of directors and actors have expressed a great deal of concern about seeing their names associated with the colored films. They see ads for a former black-and-white film which now has the director's name or an actor's name, if it is an actor well known and that was associated with it.

Would you consent to a disclaimer being placed at the beginning of a film, explaining the film is a colored version of the original, does not represent the original director's or actor's artistic work? Mr. YOUNG. I can only speak for myself and as owner of films. I would certainly agree to such a worded statement.

Senator LEAHY. You would certainly agree to what?

Mr. YOUNG. Such a worded statement prior to the film being shown. We do not want to be adversaries with the directors. We would like to constructively get together with them and come up with a plan whereby we would be able to further preserve and make available the original black-and-white films.

Senator LEAHY. What are some of the other things you might do? I am told-I haven't seen it but I am told Frank Sinatra's eyes are brown. Would you turn them back, give "Old Blue Eyes" another shot?

Mr. YOUNG. It gives us another chance to have a new song, "Old Brown Eyes Is Back." We never claimed to be perfect nor do we claim that we must have historically what color eyes somebody has, what color hair.

The only thing we try and do is be as historically accurate as possible within the bounds of good taste: flags, uniforms, et cetera. Obviously, if we are doing Sinatra, he should have blue eyes, we realize that. But certainly even with brown eyes, it was a truer reflection of Mr. Sinatra than it was in black and white.

Senator LEAHY. What do you do? Do you consult with a director or, let's say, the heirs of a director or actor when you are making a colored version?

Mr. YOUNG. Well, we usually do not consult with directors or heirs when we are making a color version. We have our own art directors working on the films. It is their version.

Senator LEAHY. Maybe I should direct a question to both you and Mr. Mayer.

Would you be willing to sell back to a director the colorized rights, if you feel you have such rights, to his film if he asked, or would that be purely a commercial decision.

Mr. MAYER. I think that would be a commercial decision. However, since we feel that this library that we own is not only the largest in the world but the best, we would be very unlikely to want to sell the rights to anybody. If it were important enough to a director to control his own work, I think there are many companies that would be willing to sell those rights back to the director, particularly since about 80 percent of most motion pictures are not in profit after they leave the theater, so it is necessary to go into these other forms of exhibition in order to recoup the investment. Senator LEAHY. Would your answer be basically the same, Mr. Young?

Mr. YOUNG. Yes, it would.

Senator LEAHY. We have a Calder's "Mountain and Clouds" over in the Hart Building. This is a huge mobile designed by Alexander Calder. I checked with the Architect of the Capitol's office. He said we now own it. So, of course, we have got the authority to change it.

Suppose we voted in the Senate to change the color of it, change the mountains to green I would assume, being from Vermont, and make the clouds white. Any problem with that?

Mr. YOUNG. Are you asking Mr. Mayer or myself?

Senator LEAHY. I ask you both. First Mr. Mayer and then you, Mr. Young.

Mr. MAYER. Yes, because you are taking the original and destroying it, which we are not doing. If you would like

Senator LEAHY. We can always paint it back black.

Mr. MAYER. If you can paint it back exactly the same, then my answer would be you have that right. But I think you do not have the right to destroy something. I would be surprised, by the way, with the reaction of the man that gave you the legal information concerning Mr. Calder, because most artists today in their contractual rights, even when they sell a picture, do retain certain rights to make certain that picture is not destroyed.

But assuming what you are saying is correct, Senator-

Senator LEAHY. Let's assume he didn't retain them. Let's assume he assumed the Senate would alter his work.

Mr. MAYER. You should not do it. I hope you cannot do it if what it does is destroy the original.

Senator LEAHY. I want to hasten to add that I am not going to introduce legislation to do that.

Mr. Young.

Mr. YOUNG. My answer is exactly the same as Mr. Mayer's.
Senator LEAHY. Mr. Word.

Mr. WORD. I concur.

Senator LEAHY. Anybody want to add anything else?

Mr. MAYER. No, only that we really do appreciate the opportunity to get our point of view on the record, Senator. It is extremely disturbing to us that we, from time to time, do not get that opportunity.