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SUBCOMMITTEE ON PATENTS, TRADEMARKS, AND COPYRIGHTS

JOHN L. MCCLELLAN, Arkansas, Chairman

PHILIP A. HART, Michigan

QUENTIN N. BURDICK, North Dakota

HUGH SCOTT, Pennsylvania HIRAM L. FONG, Hawaii

THOMAS C. BRENNAN, Chief Counsel

CONTENTS

Page

32

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COPYRIGHT LAW REVISION

WEDNESDAY, MARCH 15, 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 10:10 a.m., in room 3302, New Senate Office Building, Senator John L. McClellan (chairman) presiding.

Present: Senators McClellan, 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 subcommittee this morning resumes the public hearing on legislation to provide for a general revision of the copyright law. This series of hearings will consider all sections of S. 597, with the exception of the provisions relating to CATV. That subject was considered at separate hearings last year. The subcommittee at a later date will determine if additional hearings are necessary on that subject.

I introduced S. 597 by request. Therefore, I have no unalterable position on the bill. There are many provisions of it that need to be studied and that will be the purpose of our hearings, to get information that will guide us in trying to resolve issues and arriving at a proper judgment. The language of the bill is as many of you know, that approved by the House Judiciary Committee and it does not necessarily reflect my views concerning the several controversial issues involved in this legislation. I doubt if it reflects all of the views of my colleagues on the committee. Based on a preliminary study, there are certain provisions of the bill which I may not be able to support in their present form. I am hopeful, and anticipate, that if some revisions are made, I will then be able to give my wholehearted support to this legislation.

The Subcommittee has attempted to afford the opportunity to be heard to representatives of every qualified viewpoint. Over 100 witnesses will appear at these hearings. Due to the many requests received it will not be possible to hear everyone who desires to appear. I believe, however, that we will afford adequate time to all points of view.

I strongly recommend, and would encourage, all witnesses to submit their prepared statements for inclusion in the record and to limit

their oral testimony to summarizing their major points. This will save time and thus afford, possibly, others a little more opportunity to be heard in person.

It's obvious that these hearings will be rather protracted. Because of other official and legislative duties, it will not always be possible for me to be present. Senator Burdick, my colleague, has agreed to preside in my absence. I appreciate his assistance and cooperation in this regard. Therefore, I direct that there be printed at this point in the record a letter of February 15, 1967, from me to Senator Burdick appointing him cochairman for these hearings and during the further consideration of S. 597.

Senator Burdick, any comments or statements?

Senator BURDICK. I am in substantial agreement with your statement. You have covered the territory.

Senator MCCLELLAN. Senator Fong, I have just concluded a brief opening statement on the bill. Would you have any comment at this time?

Senator FONG. No, I have no comment at this time, sir.

Mr. BRENNAN. Mr. Chairman, I request that there be printed at this point in the record the notice of this hearing which appeared in the Congressional Record.

Senator MCCLELLAN. Without objection, that will be done.

Mr. BRENNAN. To be followed by the text of the bill, S. 597.

Senator MCCLELLAN. Without objection, that will be printed in the record.

(The documents referred to follow:)

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DEAR SENATOR: I was very pleased to learn of your willingness to assist me in conducting the hearings on $. 597, the copyright revision bill. I am designating you as co-chairman of the subcommittee for the consideration of this legislation. Mr. Brennan has informed me that a number of those who were present at last year's hearings have commented on the skill and objectivity you displayed in conducting the proceedings. As you well know, the issues before the Patents subcommittee are rather complex and so I especially appreciate the time which you have devoted to the work of the subcommittee. With kind personal regards, I am Sincerely,

JOHN L. MCCLELLAN,

Chairman.

NOTICE OF HEARING BY SUBCOMMITTEE ON PATENTS, TRADEMARKS, AND

COPYRIGHTS

Mr. MCCLELLAN. Mr. President, as chairman of the standing Subcommittee on Patents, Trademarks, and Copyrights of the Committee of the Judiciary, I wish to announce that the subcommittee has scheduled a public hearing on S. 597, the copyright revision bill. These hearings will be held on March 15, 16, 17, 20, and 21, commencing at 10 a.m. in room 3302, New Senate Office Building.

The subcommittee has already received a number of requests from those who wish to testify on this bill. Anyone else who wishes to testify should communicate immediately with the office of the subcommittee, room 349-A, Senate Office Building, Washington, D.C., telephone 225-2268.

The subcommittee consists of the Senator from Michigan [Mr. Hart], the Senator from North Dakota [Mr. Burdick], the Senator from Pennsylvania [Mr. Scott], the Senator from Hawaii [Mr. Fong], and myself.

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