M Y 4.589/2: S.hvg. 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 CIS RECORD ONLY: HEARING BEFORE THE SUBCOMMITTEE ON OF THE COMMITTEE ON THE JUDICIARY ONE HUNDREDTH CONGRESS FIRST SESSION ON LEGAL ISSUES THAT ARISE WHEN COLOR IS ADDED TO BLACK-ANDWHITE MOVIES MAY 12, 1987 STANFORD Serial No. J-100-23 Printed for the use of the Committee on the Judiciary UNIVERSITY For sale by the Superintendent of Documents, Congressional Sales Office CONTENTS 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... Goldstein, Paul, Stella W. and Ira S. Lillick Professor of Law, Stanford Testimony 91 Appendix: Letter to Dorothy Schrader, Esq., General Counsel, Copy- right Office, Library of Congress, Washington, DC, November 7, Letter from James Stewart to committee members....... Letter to Senators Leahy, DeConcini, and Humphrey from Melville Sha- (III) ADDITIONAL SUBMISSIONS FOR THE RECORD Statement of Edward J. Damich, Associate Professor of Law, George Mason 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, 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 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) |