Y 4.589/2: 5.nrg. 100-391 S. HRG. 100-391 LEGAL ISSUES THAT ARISE WHEN COLOR IS ADDED TO FILMS ORIGINALLY PRODUCED, SOLD, AND 9 CS RECORD ONLY. HEARING BEFORE THE SUBCOMMITTEE ON OF THE COMMITTEE ON THE JUDICIARY UNITED STATES SENATE ONE HUNDREDTH CONGRESS FIRST SESSION ON LEGAL ISSUES THAT ARISE WHEN COLOR IS ADDED TO BLACK-AND WHITE MOVIES MAY 12, 1987 Serial No. J-100-23 Printed for the use of the Committee on the Judiciary STANFORD UNIVERSITA For sale by the Superintendent of Documents, Congressional Sales Office U.S. Government Printing Office, Washington, DC 20402 COMMITTEE ON THE JUDICIARY JOSEPH R. BIDEN, JR., Delaware, Chairman ORRIN G. HATCH, Utah ALAN K. SIMPSON, Wyoming DENNIS DECONCINI, Arizona CHARLES E. GRASSLEY, Iowa PATRICK J. LEAHY, Vermont ARLEN SPECTER, Pennsylvania HOWELL HEFLIN, Alabama GORDON J. HUMPHREY, New Hampshire PAUL SIMON, Illinois MARK H. GITENSTEIN, Chief Counsel DIANA HUFFMAN, Staff Director SUBCOMMITTEE ON TECHNOLOGY AND THE LAW PATRICK J. LEAHY, Vermont, Chairman GORDON J. HUMPHREY, New Hampshire (11) CONTENTS Page Leahy, Hon. Patrick J., a U.S. Senator from the State of Vermont CHRONOLOGICAL LIST OF WITNESSES Panel consisting of Elliot Silverstein, Sydney Pollack, Woody Allen and Milos Forman on behalf of Directors Guild of America; and Ginger Rogers on behalf of Screen Actors Guild.. Panel consisting of Roger L. Mayer, President, Turner Entertainment Co.; Rob Word, Senior Vice President for Creative Affairs, Hal Roach Studios; and Buddy Young, President, Color Systems Technology, Inc..... University... 57 91 ALPHABETICAL LIST AND MATERIAL SUBMITTED Appendix: Letter to Dorothy Schrader, Esq., General Counsel, Copy- right Office, Library of Congress, Washington, DC, November 7, “Precious Images,” news release from the Directors Guild of America Letter from James Stewart to committee members.. Prepared statement velson, President, Writers Guild of America, West, In., May 11, 1987 13 Taped statement of John Huston. National Society of Film Critics American Federation of Television and Radio Artists, January 12, International Photographers Guild, September 30, 1986. Make-Up Artists and Hair Stylists, Local 706, December 15, 1986 Screen Actors Guild, December 1, 1986.. (III) LEGAL ISSUES THAT ARISE WHEN COLOR IS ADDED TO FILMS ORIGINALLY PRODUCED, SOLD, AND DISTRIBUTED IN BLACK AND WHITE TUESDAY, MAY 12, 1987 U.S. SENATE, COMMITTEE ON THE JUDICIARY, Washington, DC The subcommittee met, pursuant to notice, at 9 a.m., in room SD226, Dirksen Senate Office Building, Hon. Patrick J. Leahy (chairman of the subcommittee) presiding. Staff present: Ann Harkins, majority chief counsel, and Matt Gerson, majority general counsel, Subcommittee on Technology and the Law. OPENING STATEMENT OF HON. PATRICK J. LEAHY, A U.S. SENATOR FROM THE STATE OF VERMONT Senator LEAHY. The subcommittee can come to order. Thomas Jefferson once observed that, "Law and institutions must go hand in hand with the progress of the human mind. As new discoveries are made * * * institutions must advance also, and keep pace with the times.” We in Congress must keep Mr. Jefferson's admonition in mind as we tackle the difficult legal questions that are a natural byproduct of new technologies. This subcommittee is the Judiciary Committee's forum for exploring whether evolving technologies require that we modify our laws to keep up with technology or in anticipation of the technological advances of the future. The subcommittee began its work this year with 2 days of hearings on the semiconductor chip industry, obviously at the heart of American technology. We produced the Semiconductor Chip Protection Act Extension of 1987. Today we address a different issue. We are going to examine the legal issues that arise when color is added to black-and-white movies. We are not doing it with a bill before us or a legislative fix in mind. The technology used in colorizing black-and-white films points out the need for Congress to stay ahead of the curve and begin to look at our laws with imagination equal to that of the inventors of technological innovation. We can't just sit back and try to fit new technology into old legal holes. We have to be creative while hold (1) |