Hopefully, we are going to do some things in some of the fields you ask about. We have some ideas.

Senator FONG. I am afraid that if we do not understand what you do, we would not be able to really help you.

Mrs. BARNETTE. At the present time, most of our programs are in the field of reading and are at different levels of reading instruction and difficulty. For instance, what we call our reading kit I, if used at the grade level for basic instruction, would be used in the primary grades for about 10 or 15 minutes a day over a 12-week period. The program contains 48 filmstrips. These same materials can be used for remedial reading at upper grade levels and are also used in teaching adult illiterates to read. There are four basic steps in our reading program.

The materials are generally presented tachistoscopically, which means by quick exposure. the first step is seeing skills. These lessons teach the student to pay attention, to see accurately, to concentrate and help build his self-confidence. What is shown on the screen is there only momentarily, and the student is asked to reproduce it.

The second step is vocabulary. We have a great deal of material in the field of vocabulary-from the very beginning reading words, those words most commonly used in reading and writing English, to very difficult vocabulary improvement programs.

The third step is reading in units of thought-sometimes called phrased reading to help the student stop reading word by word. With this training, he is helped to learn to see, and read in, units of thought.

Our last step is in developing comprehension and retention. These are phrased sentences, which form paragraphs on which the student must respond to questions which are asked. This particular program is rather tightly structured. Our only purpose in reading programs is "to prepare the student for effective reading." It is a supplementary program. It is not a basal reading program. We expect to always be in the field of supplementary and enrichment materials. This is what we want to do. We believe the other has been well done by many others, and we do not wish to enter into that.

Senator FONG. This could be duplicated very easily, is that right? Mrs. BARNETTE. Yes, any filmstrip can be copied, If the program is presented out of sequence, or if only two or three filmstrips are used out of each step, the results which the program is designed to bring about will not be achieved. In our early experiences, we had some schools do this. That is why we sell only complete programs or replacement fimstrips.

Senator FONG. If there are 50 schools, you think there should be 50 films sold?

Mrs. BARNETTE. Not necessarily that. For instance, there are cases where one teacher would use it for a 12-week period, and then circulate it to another teacher in the same or a different school. This is not the situation which concerns us. However, if educators are free to make as many copies of one set of programs-whether they are filmstrips. recordings, or other mediums-without considering not only the efforts of the educators-authors to whom we pay a royalty, but our company expense and the research expense which has gone into a program during the testing period, there can be no profit left for us as a small company.

Senator FONG. Thank you.

Mrs. BARNETTE. If you would like to, I would be happy to leave you a copy of our folder.

Senator FONG. Yes, 1 would like to take a look at that.

Senator BURDICK. Thank you, Mrs. Barnette.

Mrs. BARNETTE. Thank you for the opportunity.

(By order of the chairman the amplification of presentation of Mrs. Gladys J. Barnette follows:)

AMPLIFICATION OF PRESENTATION OF MRS. GLADYS J. BARNETTE, EXECUTIVE AND FIRST VIce President of LEARNING Through SeeING, INC., SUNLAND, CALIF.

Because the training of teachers, whether those already in service or those preparing to enter the field of education, has been of concern and interest to Learning Through Seeing, Inc., it has been a part of our policy to cooperate as fully as possible with those institutions which are interested in presenting our programs for analysis, research, study, or actual use in clinical situations. As a result, we have made a large number of outright gifts and long term loans of our programs to colleges and universities concerned with teacher training.

Since many educators in colleges and universities do not need and cannot make full use of complete programs, LTS now has in work special teacher orientation and training filmstrips and motion pictures. These will be made available on some special basis to teacher training institutions. It is planned that something similar will be done with the auditory materials which are now in the final stages of production.

Learning Through Seeing, Inc., recognizes the many problems faced by educators who are training teachers. LTS orientation and teacher training programs will be one way of overcoming such problems. It is also our wish to continue to make available programs for research structured and controlled in such a manner that it is indeed true research and not just experimentation.

One of the most satsifying rewards of our endeavors has been the increasing use of LTS programs. In fact, it is our preference to have a school district first try out our programs in actual classroom conditions. When the results are observed, those programs which most suit the particular needs of the situation should then be obtained. This has been most gratifying to us-not from the standpoint of business growth alone, but also because of our knowledge that schools have been successful with LTS programs in achieving one of our goals, ". . . to prepare the student for effective reading.

When I testified before your Subcommittee with regard to the "fair use" provision of the pending copyright bill, S. 597, both Senator Burdick and Senator McClellan indicated that you would appreciate suggestions as to terminology that would appropriately forestall the adverse situations that we foresee in the educational market. We have discussed this matter at length and have two alternative suggestions to make.

We have largely confined our thinking, comments and suggestions to the educational market, with which we are most familiar. Our second proposal, however, appears applicable to other fields in which "fair use" questions also arise, such as news reporting, parody, satire and research.

Attached as an addendum to this amplification of presentation is a discussion of the actual and potential situations under which materials are copied for educational use and the factors which appear to bear upon establishment of an equitable policy.

Consistent with suggestions made on behalf of the educational community, is the feeling that there should be some delineation of acceptable and proscribed uses of copyrighted works for educational purposes. Upon reviewing the many present and potential situations in which it is convenient or attractive for educators to employ copyrighted works without the permission of the copyright owner, as set out in the addendum, certain key factors in these situations have been identified. These important factors seem to coexist in the great majority of legitimate classroom uses of copyrighted works. Other classroom situations would be governed by the four criteria in the present bill, which criteria would not be changed. With an appropriate exception as to the use of materials specifically intended for the educational market, the following terminology is suggested for insertion after the first sentence of paragraph 107 of S. 597:

"When employed for the use of those undertaking studies in a non-profit educational or scholarly institution, transitory expression without charge of part of a work for purposes supplemental to the studies shall be deemed fair use where appropriate identification of source is given. Such expression shall not include the employment, in whole or in part, of any work specifically intended for educational purposes except to illustrate the method of use of the work in educational

contexts."

A wholly different approach would be to confront only the situation of use of copies of copyrighted materials for the specific purposes for which they were prepared by the author. An author generally can state the primary field of use intended for his work, such as education, and can express a prohibition as to copying for such use. The following language would not apply only to the educational field, but would also apply to news reporting, research and other situations, in which an author could similarly specify a primary purpose.

"Fair use shall not be applicable to the copying or reproduction, in whole or in part, of a copyrighted work for a primary purpose expressly and specifically prohibited by the copyright owner on a notice attached to the copyrighted work."

USE OF

ADDENDUM

COPYRIGHTED MATERIALS FOR EDUCATIONAL PURPOSES

With the advent of mechanical instructional aids and with the growing avail ability of data processing and copying systems of all kinds, those in the field of education are now increasingly trending toward widespread duplication of copyrighted materials. This trend is unquestionably accelerating because the costs of copying are being continually forced downward while the means of copying are constantly expanding. The problem of "fair use" for educational purposes of copyrighted materials will therefore constantly increase unless a suitable operative structure can be defined for education and for copyright owners. The following describes some of the equipment now available and likely to be used in the future and the factors pertaining to use of copyrighted works in actual classroom situations at the levels of education at which these materials are typically most used, Copying equipment.-At present, schools widely use document copiers of the Xerox, Verifax and Thermofax type, movie and single frame projectors, audio equipment, particularly magnetic tape recorders and duplicators and closed circuit television as well as educational broadcast television. While there are wide disparities dependent upon the resources available to school districts, the increasing ratio of students to skilled teachers establishes an economic justification for the use of these techniques throughout the country.

In the future, more advanced types of mechanical reproduction equipment that are currently available will be economically justifiable for school use. These are not yet well adapted to educational purposes, although it is a certainty that they will become so adpated.

Considerable publicity has been given to use of time shared and special purpose computer systems for educational use, and these will provide all types of copies. There is an increasing tendency to use various low cost forms of visual records such as microfilm and microfiche, in conjunction with document copying equipment. Much work has been done on systems that convert from film or tape to document copies, and these include a number of systems providing high capacity memories, and extremely short access times. A related system is the "Videofile, in which documents are recorded by a television tape recorder and are subsequently searched for and reproduced in visual or hard copy form. All of these systems can readily cooperate with closed circuit television, which in turn can cooperate with broadcast television to provide a nationwide network. It can be anticipated that a school district will ultimately be able to call upon a central library and data source by use of a time-shared data processing system. The school district will be able to obtain, for example, a complete copy of a selected book within a few seconds after the request is placed, or participate in any course emanating from the central source.

Factors involved in classroom use.-A copyrighted work can be used in an educational institution for purposes that vary from pure entertainment or diversion on one hand to use of the entire content of an educational work as the prime basis for a course of study on the other. Realistic contexts and circumstances of use within the classroom should be visualized in terms of various factors reflecting intent, purpose, physical mechanisms and consequences. The following factors

are believed to be the principal ones involved in or having pertinence to resolution of the question of "fair use" in educational situations:

(a) Nature of the institution.-The educational institution may be strictly nonprofit in character, as a tax-supported school district, or it may be a privately owned instructional organization intended to make a profit out of a particular course or courses, such as a vocational or reading improvement course. In general the former group will offer a wide variety of courses and the latter group will be relatively specific in character. In some instances, the latter group will use only its own materials.

(b) Content and nature of the copyrighted work.-The work may be intended to be wholly artistic in character, and may thus primarily be of aesthetic or entertainment value. It may have a specific functional purpose, such as news report or commentary, or be directed to some other noneducational primary function. On the other hand, the work may be textbooks or visual or auditory programs specifically intended to serve as the basis for a course of study.

(c) Degree of integration into the course.-A copyrighted work may be used in a supplemental fashion, serving to illustrate specific facts or as a basis for analysis of a particular facet of the subject. The uses may be supplemental in the sense that other works might also be suitable, or they may be essential, in the sense that the course could not be properly taught without use of the work. The copyrighted work may be integrated into the course in a spontaneous fashion, that is, in a fashion that varies with the decision of the educator as to use of the copyrighted work. In contrast, the use may be wholly pre-planned or calculated and particular segments of a copyrighted work may be at the outset scheduled for employment in the course.

(d) Nature of the copy.-A copy may represent a transitory expression of a work, i.e., a presentation or copy that is limited in time to the period of use by the student, such as a display on a projection screen or a document copy that is discarded after use. The copy or expression of the work may, however, be preserved and filed or otherwise retained for subsequent use or dissemination. The copy may represent a conversion or translation of the original, such as a change from photographic film to a document copy, from a document copy to a television display screen, or from a phonograph record to a magnetic tape. The copy may be manually prepared or involve use of a substantial amount of equipment.

(e) Extent of copying for dissemination.-The copyrighted work may be duplicated in whole or in part. The duplication may be confined to use by students in a particular course of study or may be much greater if, for example, it is desired to stockpile copies. Even if limited to the students directly using the material, the number of copies varies, depending upon the nature of the copyrighted work (whether audio, visual, or documentary) and the number of students.

(f) Purpose of the use.-The direct purposes of the use may be assumed to be education in case of clearly non-profit institutions, except where a direct charge is made for the copy or the service of copying. The copy may be rented, leased, or sold. Institutions providing specific courses for profit may employ the copy for profit as a part of tuition or other charges. The use may directly correspond to the purposes for which the work was originated, as in the case of music planned solely for entertainment or enjoyment. The use may, however, be illustrative in character, in that a historical or artistic document such as a portion of a book or poem may be employed for the study of English or philosophy. With a work intended specifically for educational purposes, study of the work may still be different than contemplated, because it may be confined to study of methodology in a teacher training institution.

(g) Effect on the copyright owner.-Copying may deprive the copyright owner of the opportunity to market his work for the purposes for which it was intended, particularly if the work is educational in nature. Use of an entertainment work in an educational institution, however, involves an element of dissemination or advertising that may actually increase the market for the work. The same is not true of an artistic work of character in which the expression of the work in the form of a copy fully satisfied the requirements of a potential user. A risk of loss of copyright is involved where copies are disseminated without credit with the acquiescence, willing or unwilling, of the copyright owner.

(h) Acknowledgment of the copyright nature of a work.-Circumstances of use of a copyright work for educational purposes generally permit acknowledgment of the copyrighted nature with visual and documentary copies, because copyright notices may be presented with the copy. The same is not true of auditory materials, in which the copyright notice generally is on the label and acknowledgment of the copyright nature requires some separate action to be undertaken for insertion of an appropriate credit.

KEY FACTORS

Viewing these factors together, it is considered that the coexistence of certain factors in particular goes adequately far to insure that there is a fair use of the work. If the expression is transitory, spontaneous, without charge, and limited to that excerpt useful in supplementing a course of instruction, then the intent of the copier is clear and legitimate. If the institution is non-profit in character, the copying is confined to the students who are using the materials, credit is given, the dissemination is limited, and if the copying is not of an educational work for an educational purpose, the risk to the copyright owner is adequately limited.

CONCLUSION

If any useful service to the committee can be achieved by further questioning or testimony, please do not hesitate to let us know. Should the committee desire, it would be our pleasure, was well as our duty, to prepare a special visual presentation to illustrate the problems now faced by commercial producers of educational materials. In the future, these problems will only complicate the difficulties of educators and of all citizens of the United States who are concerned with the education of coming generations.

Please accept my sincere appreciation for the opportunity granted to appear before the committee to present our problems. We shall be glad to answer any questions you may have concerning the suggestions made, and to assist the com mittee in every possible way. Again, thank you.

Senator BURDICK. The next witnesses are Dr. Meyerhoff and Gerald Sophar.

STATEMENT OF HOWARD A. MEYERHOFF, PRESIDENT OF THE COMMITTEE TO INVESTIGATE COPYRIGHT PROBLEMS; ACCOMPANIED BY GERALD J. SOPHAR AND DR. L. B. HEILPRIN, COUNCIL ON LIBRARY RESOURCES, INC.

Dr. MEYERHOFF. May I take the liberty of bringing Dr. Heilprin with me?

Senator BURDICK. We have a critical situation. We shall have a vote at any minute. Your statement will be included in the record and that of your associates. If you would start right in and give us a quick summary, we can proceed that way, because we are terribly short of time.

Dr. MEYERHOFF. Thank you, sir. I shall read part and summarize the rest.

This is a statement of the Committee To Investigate Copyright Problems Affecting Communication in Science and Education. For short, I will refer to it as CIPC.

My name is Howard A. Meyerhoff and I am president of the Committee To Investigate Copyright Problems.

The goal of CICP is to find a way to protect the "exclusive right" of an author to his "writings," while permitting the advantages of modern information disseminating systems to become as useful as they may without threatening or weakening the economic urge and the need to create.