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Witnesses-Continued

Peer, Ralph, vice president, Peer-Southern Organization; director, Page National Music Publishers Association..

1645

Quayle, Donald R., senior vice president for broadcasting, Corporation for Public Broadcasting_.

859

Prepared statement-

863

Raskind, Leo J., representing the Association of American Law
Schools, the American Association of University Professors, and the
American Council on Education_.

Prepared statement.___.

272

269

Ringer, Barbara, Register of Copyrights, Library of Congress

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Sandler, Jack B., chairman, Government Relations Committee of
the Book Manufacturers Institute, Inc..
Prepared statement...

1695

1697

Sheppard, Dr. Walter, representing the Association of Public Radio
Stations.

1757

Simon, Gerald A., managing director, Cambridge Research Institute.
Simpson, Paul C., Nashville, Tenn.

1401

693

Prepared statement...

690

Smith, Eric H., associate general counsel, Public Broadcasting
Service..

859

Prepared statement..

865

Steinbach, Sheldon E., staff counsel, American Council on Education--
Strackbein, O. R., representing International Allied Printing Trades
Association..

268

1663

Prepared statement..

1666

Summers, John B., general counsel, National Association of Broadcasters.

777

Prepared statement.

774

Tegtmeyer, Rene D., Assistant Commissioner for Patents, Department of Commerce..

163

Prepared statement..

159

Valenti, Jack, president, Motion Picture Association of America, Inc., and the Association of Motion Picture & Television Producers, Inc.Prepared statement_.

704

705, 761, 1731

Van Arkel, Gerard, general counsel, International Typographical
Union....

1694

Prepared statement--

1668

Wally, I. Alan, president, Record & Tape Association of America...
Prepared statement..

1238

1251

Wasilewski, Vincent T., president, National Association of Broadcasters__.

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Wicks, David O., Jr., Becker Communications Associates.

598

Prepared statement..

607

Wolff, I. Sanford, the American Federation of Musicians (AFL-CIO), and the American Federation of Television and Radio Artists (AFL-CIO).

1298

Prepared statement..

1298

Won Pat, Hon. Antonio Borja, a Representative in Congress from the Territory of Guam..

1717

Zimmerman, Thomas F., first vice president, National Religious
Broadcasters, Inc_____

1743

Prepared statement-

1745

Zurkowski, Paul G., president, Information Industry Association...

340

Prepared statement-

332

Additional material

Affidavits and letters concerning licensing of copyrighted products to
television stations and the sale of advertising time to advertisers - -
Allen, Joseph P., Assistant Administrator for Legislative Affairs,
National Aeronautics__and_Space Administration, letter dated
September 5, 1975, to Hon. Peter W. Rodino, Jr., chairman, House
Committee on the Judiciary - - -

American Broadcasting Companies, Inc., prepared statement..
American Business Press, Inc., prepared statement.-

American Guild of Authors and Composers and the National Music
Publishers Association, joint statement-----

Page

743

178

827

252

1586, 1641

American Society of Composers, Authors, and Publishers, prepared statement__.

925, 947

1335

1020

Biemiller, Andrew, director, Legislative Department, AFL-CIO, letter dated July 22, 1975, to Hon. Robert W. Kastenmeier... Bresnan, William J., president, Cable Division, Teleprompter Corp-- 849 Broadcast Music, Inc., prepared statement.... 389, 962, 965 Burns, Aaron, president, International Typeface Corp., letter dated July 28, 1975, to Hon. Robert W. Kastenmeier.. "Cable Television Under the 1972 Rules and the Impact of Alternative Copyright Fee Proposals," by Bridger M. Mitchell.. Cairns, Robert W., American Chemical Society, letter dated June 25, 1975, to Hon. Robert W. Kastenmeier__ "Copyrightability of Typeface and Type Font Design," statement of position, Castcraft Industries, Inc.

Coyle, Maurice J., M.D., Department of Radiology, Providence Hospital, Anchorage, Alaska, letter dated July 9, 1975, to Hon. Peter W. Rodino, Jr..

517

243

1228

215

1658

1194

Davis, Hal C., president, American Federation of Musicians, letter
dated July 8, 1975, to Hon. Robert W. Kastenmeier.-
Ebenstein, Daniel, Amster and Rothstein, counselors at law, letter
dated July 18, 1975, to Hon. Robert W. Kastenmeier
Evans, Robert V., vice president, CBS, letter dated July 3, 1975, to
Hon. Robert W. Kastenmeier, chairman, Subcommittee on Courts,
Civil Liberties, and the Administration of Justice

Feist, Leonard, National Music Publishers' Association, Inc., letter
dated October 3, 1975, to Hon. Robert W. Kastenmeier..
Finn, James B., Ph. D., senior vice president, research and develop-
ment, the C. V. Mosby Co., letter dated August 8, 1975, to Dr.
Ray Alan Woodriff__

689

1651

265

General license agreement, restaurants, taverns, nightclubs, and similar establishments..

385

Harris, James A., president, National Education Association, prepared statement.

274

Hightower, John B., chairman, Advocate for the Arts/Association
Councils for the Arts, prepared statement..

263

Ivy, Emma G., R.N., Wrangell General Hospital, Wrangell, Alaska, letter dated July 22, 1975, to Hon. Don Young

215

Keaney, Kevin J., general counsel, Federal Librarians Association, prepared statement.

262

King, Frank Peewee, composer, prepared statement.

394

Korman, Bernard, general counsel, American Society of Composers,
Authors, and Publishers, letter dated August 6, 1975, to Hon.
Robert W. Kastenmeier.

383

Lindow, Lester W., executive director, Association of Maximum
Service Telecasters, prepared statement.

845

Lorenz, John G., Acting Librarian of Congress, letter dated August 26, 1975, to Hon. Peter W. Rodino, Jr., chairman, House Committee on the Judiciary.

McCloskey, Robert J., Assistant Secretary for Congressional Relations, Department of State, letter dated May 7, 1975, to Hon. Peter W. Rodino, Jr., chairman, House Committee on the Judiciary. --McKenna, Frank, executive director, Special Libraries Association, prepared statement...

174

172

209

Marke, Julius J., American Association of Law Libraries, prepared statement. - - .

254

Additional material-Continued

Marshall, Nancy H., director, Wisconsin Interlibrary Loan Service,
Madison, Wis., letter dated May 6, 1975, to Hon. Robert W.
Kastenmeier..

Mathews, Hon. David, Secretary, Department of Health, Education,
and Welfare, prepared statement...

Mercer, Johnny, composer, prepared statement_
Mergenthaler Linotype Co., prepared statement..

Nathan, Robert R., president, Robert R. Nathan Associates, Inc.,
letter dated October 24, 1975, to Hon. Robert W. Kastenmeier....
National Broadcasting Co., Inc., prepared statement----.
National Music Publishers Association and American Guild of Authors
& Composers, prepared statement..

Page

215

261

381

1054

1640

825, 1385

Nimmer, Prof. Melville B., professor of law, UCLA School of Law,
prepared statement..

Norwood, Frank W., executive secretary, Joint Council on Educational
Telecommunications, letter dated July 10, 1975, to Hon. Robert W.
Kastenmeier___

Parker, Michael, director, Typographical Development Mergenthaler
Linotype Co., letter dated July 28, 1975, to Hon. Robert W.
Kastenmeier__

Passano, William M., chairman of the board, Williams & Wilkins Co.,
prepared statement..

920

1038

883

1041

260

Rayin, Mona (R.N.), instructor coordinator of R.N. Programs and
Outreach, letter dated August 12, 1975, to Hon. Don Young..
"Registration of Original Typeface Designs: Extension of Comment
Period," vol., No. 223, Federal Register, November 18, 1975--
"Registration of Original Typeface Designs," vol. 39, No. 176, Federal
Register, September 10, 1974..

214

1017

1016

Ringer, Barbara, Register of Copyrights, letter dated June 6, 1975, to
Hon. Robert W. Kastenmeier___

1008

Ruck, Don V., vice president, National Hockey League, prepared
statement..

813

Schrader, Dorothy M., General Counsel, Copyright Office, prepared

statement_ _ _

Stevens, Hon. Ted, a U.S. Senator From the State of Alaska, letter
dated October 8, 1975, to Hon. Robert W. Kastenmeier...
Steuermann, Clara, president, Music Library Association, prepared
statement--

"The Great American Rip-Off," by Mike Terranova, a pamphlet
published by the Independent Record and Tape Association of
America____

1015

1659

207

1265

Times Mirror, prepared statement..

852

"Typeface Design Protection," statement of position of the American
Institute of Graphic Arts..

1226

Valenti, Jack, president, Motion Picture Association of America, Inc., letters to Hon. Robert W. Kastenmeier—

September 10, 1975.......

1724

November 7, 1975--

1736

Vanantwerpen, F. J., president, Council of Engineering and Scientific
Society Executives, prepared statement.

369

Wally, Alan I., president, Record and Tape Association of America,
letter dated July 22, 1975, to Hon. Robert W. Kastenmeier.......
Warren, Albert, chairman, Copyright Committee, Independent News-
letter Association, prepared statement---

1263

367

Wigron, Harold E., National Education Associations..

276

Woodriff, Dr. Ray, Department of Chemistry, Montana State Univer-
sity, prepared statement...

265

Young, Hon. Don, a Representative in Congress From the State of
Alaska, letter dated October 2, 1975, to Hon. Robert W.
Kastenmeier_..

214

Appendixes

Appendix 1.-Teleprompter Corp. memorandum on Constitutionality
of Proposed Copyright Legislation (H.R. 2223)_.

1917

W

Appendix 2.-18 briefing papers submitted by the Copyright Office.. 2051
Appendix 3.-Report of Working Group of Conference on Resolution
of Copyright Issues (dealing with library photocopying).

2092

t Appendix 4.-Miscellaneous communications-

2124

COPYRIGHT LAW REVISION

THURSDAY, JUNE 12, 1975

HOUSE OF REPRESENTATIVES,
SUBCOMMITTEE ON COURTS, CIVIL LIBERTIES,

AND THE ADMINISTRATION OF JUSTICE

OF THE COMMITTEE ON THE JUDICIARY,

Washington, D.C.

The subcommittee met, pursuant to call, at 9:30 a.m., in room 2226, Rayburn House Office Building, Hon. Robert W. Kastenmeier [chairman of the subcommittee] presiding.

Present: Representatives Kastenmeier, Danielson, Drinan, Badillo, Pattison, Railsback, and Wiggins.

Also present: Herbert Fuchs, counsel, and Thomas E. Mooney, associate counsel.

Mr. KASTENMEIER. The committee will come to order for the purpose of continuing our hearings on matters related to copyright revision. I will encourage both the members of the committee and the witnesses, particularly in colloquies, to be as concise as possible. We are confronted with the fact the House will be in session at 10 o'clock, and undoubtedly there will be interruptions this morning. So that we can continue in an orderly fashion and get the substance of the testimony, I will encourage the colloquies to be as brief as possible.

This morning during the first segment of the hearing, the committee would like to hear about the issue involving news archives. There are two witnesses present who will address themselves to that question. First, I would like to call Mr. Robert Evans, who is vice president and general counsel of Columbia Broadcasting, on the question of the news archives.

You are welcome, as you were 10 years ago. Will you commence. [The prepared statement of Mr. Robert V. Evans follows:] STATEMENT OF ROBERT V. EVANS, VICE PRESIDENT AND GENERAL COUNSEL, CBS INC.

My name is Robert Evans. I am Vice President and General Counsel of CBS. I appear today to oppose those provisions of section 108, namely subsection (f) (4) and subsection (h), which, in our opinion, discriminate unfairly against owners of "audiovisual news programs" by making their rights inferior to the rights of the owners of other copyrighted works. Moreover, the problem addressed by these unusual provisions is not one that requires Congressional action because it is being resolved by private initiative.

Section 108 deals with limited reproduction and distribution rights for libraries and archives. Subsection (f) (4) provides that "Nothing in this section-shall be construed to limit the reproduction and distribution of a limited number of copies and excerpts by a library or archives of an audiovisual news program ***." Subsection (h) tracks the language I have just quoted-for the purpose of making clear that, although musical, pictorial, graphic and sculptural worksas well as motion pictures and other audiovisual works-are specifically excluded from the reproduction and distribution rights granted in section 108, audiovisual works dealing with news are not so excluded.

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