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Y 4.389/2:5.nrg. 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

E'S RECORD ONLY

HEARING

BEFORE THE

SUBCOMMITTEE ON
TECHNOLOGY AND THE LAW

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

UNIVERSITY

STANFORD

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U.S. Government Printing Office, Washington, DC 20402

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JOSEPH R. BIDEN, JR., Delaware, Chairman
EDWARD M. KENNEDY, Massachusetts STROM THURMOND, South Carolina
ROBERT C. BYRD, West Virginia

ORRIN G. HATCH, Utah
HOWARD M. METZENBAUM, Ohio

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
DENNIS W. SHEDD, Minority Chief Counsel

SUBCOMMITTEE ON TECHNOLOGY AND THE LAW

PATRICK J. LEAHY, Vermont, Chairman
DENNIS DECONCINI, Arizona

GORDON J. HUMPHREY, New Hampshire
Ann M. HARKINS, Chief Counsel
GEORGE C. SMITH, Minority Chief Counsel

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CONTENTS

Page

1

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...

2

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...

57
Goldstein, Paul, Stella W. and Ira S. Lillick Professor of Law, Stanford
University..

91
ALPHABETICAL LIST AND MATERIAL SUBMITTED

Allen, Woody:

Testimony

24

Prepared statement

27

Forman, Milos:

Testimony

34

Prepared statement

36

Goldstein, Paul:

Testimony

91

Prepared statement

95

Appendix: Letter to Dorothy Schrader, Esq., General Counsel, Copy-

right Office, Library of Congress, Washington, DC, November 7,

1986....

101

Mayer, Roger L.:

Testimony

66

Prepared statement

70

Pollack, Sydney:

Testimony

15

"Precious Images,” news release from the Directors Guild of America. 16

Prepared statement

20

Rogers, Ginger:

Testimony

39

Letter from James Stewart to committee members

40

Silverstein, Elliot:

Testimony

2

Prepared statement

5
Letter to Senators Leahy, DeConcini, and Humphrey from Melville Sha-

velson, President, Writers Guild of America, West, In., May 11, 1987 13

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

47

Correspondence from:

National Society of Film Critics

48, 49

American Federation of Television and Radio Artists, January 12,

1987...

50

International Photographers Guild, September 30, 1986.

51

Make-Up Artists and Hair Stylists, Local 706, December 15, 1986

.52

Screen Actors Guild, December 1, 1986.....

53

D Guild LSA ........

54

Costume Designers Guild, September 25, 1986

55

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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 ploring 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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