Senator BURDICK. The subcommittee has received a statement from Congressman John H. Buchanan, Jr., relating to educational television. Without objection it will be printed in the record.

(The statement of Congressman John H. Buchanan, Jr., is as follows:)

STATEMENT OF HON. JOHN H. BUCHANAN, JR.

Mr. Chairman, I want to thank the members of the Subcommittee on Patents, Trademarks, and Copyrights of the Senate Committee on the Judiciary for the opportunity to submit the following statement during the hearings on S. 597, the bill for Copyright Law Revision.

There are three provisions included in S. 597 which are of major concern to those interested in educational television and its future development because of

restrictions which will be imposed if the legislation under consideration is enacted without amendment.

These restrictive provisions are: (1) the 100 mile limiting factor; (2) the one year limitation on the life of recordings; and (3) the limitation to one copy for broadcast and exchange purposes.

Educational television has already proven its value in expanding the field of education and bringing programs of exceptional value to our young people. Programs are broadcast for classroom instruction for schools and colleges, as well as viewing at home. Through educational television, general educational programming is within reach of the homes of an estimated 134 million people, and is making available vast new educational opportunities to people throughout our nation.

The 100 mile limiting factor would severely curtail educational television, and would in effect cancel any instructional TV exemption for statewide networks already in operation.

In my own state of Alabama, a state-wide educational television network now having six stations has existed for many years. Two state universities, Auburn and the University of Alabama, plus the Birmingham schools, provide programs for this network. No programs are shown on just one station; all programs are shown on all stations. This state network has provided excellent classroom material to its school children over the past decade.

Similar state-networks now exist in Maine, Nebraska, Georgia, Connecticut, Oklahoma, Hawaii, and Puerto Rico. State networks are under construction in Mississippi, Vermont, New Hampshire, New York, South Dakota, Kentucky, and are planned in many other states.

The second restrictive provision would limit the life of a recording. Many programs now recorded are essentially annual lessons used only in relation to a specific historical event. Other lesson programs are recorded for re-use beyond a one year program. Under the proposed provision, for continued use of such lesson programs, it would be necessary to destroy the lessons, and remake the same lessons on a new tape for the next year.

It is estimated that more than one-third of all ETV lessons today are repeat broadcasts of lessons more than one year old, and that roughly 80% of all lessons proposed for broadcast today are prepared with the expectancy of life well in excess of one year.

The third provision-limitation to one copy for broadcast and exchange purposes as applied to ETV obviously presents a significant problem as only one available copy for exchange would severely restrict the use of instructional lesson recordings for this purpose.

As of Mach 1, 1967, 127 educational television stations were broadcasting. Sixty-two additional ETV stations are committed to be on the air by 1968, with another 34 planned when funds are available. Telecasts aimed at in-school programming reach three out of five of the nation's students in more than 1400 school systems and nearly 800 colleges and universities.

Educational television will continue to increase in importance as it makes available new educational opportunities through television.

I respectfully urge favorable consideration of removal or modification of the three restrictive sections in the bill under consideration as they apply to educational television.

Senator BURDICK. The subcommittee has now completed one phase of its consideration of copyright revision legislation.

With the approval of Chairman McClellan, I wish to announce that the subcommittee will hold on Thursday, April 27, in room 3302, 1 additional day of hearings on S. 597 for the purpose of receiving rebuttal testimony on certain contested issues presented during the current series of hearings.

Time will be allocated and controlled by the subcommittee. I want to repeat that, the time will be allocated and controlled by the subcommittee.

Those who wish to appear should contact Mr. Brennan. The session on April 27 will conclude the subcommittee's hearings on copyright revision. The record, however, will remain open until May 10.

(Whereupon, at 4:10 p.m. the subcommittee adjourned, to reconvene on Thursday, April 27, 1967.)

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