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Y 4.589/2: S.hrg. 100-391

S. HRG. 100-391

LEGAL ISSUES THAT ARISE WHEN COLOR IS ADDED

TO FILMS ORIGINALLY PRODUCED, SOLD, AND
DISTRIBUTED IN BLACK AND WHITE

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COMMITTEE ON THE JUDICIARY
UNITED STATES SENATE

ONE HUNDREDTH CONGRESS

FIRST SESSION

ON

LEGAL ISSUES THAT ARISE WHEN COLOR IS ADDED TO BLACK-ANDWHITE MOVIES

MAY 12, 1987

Serial No. J-100-23

Printed for the use of the Committee on the Judiciary

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For sale by the Superintendent of Documents, Congressional Sales Office
U.S. Government Printing Office, Washington, DC 20402

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CONTENTS

Leahy, Hon. Patrick J., a U.S. Senator from the State of Vermont....

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Testimony

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Letter to Senators Leahy, DeConcini, and Humphrey from Melville Sha-
velson, President, Writers Guild of America, West, In., May 11, 1987 ......

Taped statement of John Huston........

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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,

SUBCOMMITTEE ON TECHNOLOGY AND THE Law,
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

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