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2:45 Science and Nature: A weekly enrichment program for junior and senior high school. Covers the gamut from space ships to sea shells.

3:30 Methods for Modern Teachers: An in-service series, produced in cooperation with the North Carolina Department of Public Instruction and the School of Education.

4:45 Lip Reading: For the deaf and friends of the deaf to help develop the skill of lip reading through demonstration and practice.

5:00 College Credit Course: First year Algebra. Carries three semester hours credit.

6:00 News: A fifteen-minute summary. (See 12:30.)
6:15 Aspect: A rebroadcast of the 12:00 farm and home program.

6:45 The Friendly Giant (Net): For children, ages three through six. Stories, poems, playlets.

7:00 What's New (Net): For children, ages seven through twelve. Adventure, history, science, etc.

7:30 Public Affairs: Net. 8:30 Public Affairs : Net.

9:00 Volume One: Ananthology-Events, information, and discussions of local interest. Topics such as: "Peace Corps," "Songs of the Lads in Gray," "Readings from Modern Drama,” and “Songs and Stories of Carolina".

9:30 Basic Concrete Technology : Informal instruction designed as an aid for contractors, builders, and architects.

THURSDAY

8:55 Morning News Summary : Primarily for school "homerooms” and first hour classes.

9:00 United States History: 11th grade level. Five days a week. Basic resource for approximately 10,000 students. Produced under contract with the North Carolina Department of Public Instruction.

9:30 Physical Science: 9th grade level. Basic resource for approximately 12,000 students. Produced under contract with the North Carolina Department of Public Instruction.

10:00 World History: 10th grade level. Basic resource for approximately 7,000 students. Produced under contract with the North Carolina Department of Public Instruction.

10:30 Mathematics : 8th grade level. Basic resource for approximately 9,000 students. Produced under contract with the North Carolina Department of Public Instruction.

11:00 World of Music: Net. 11:30 Public Affairs : Net. 12:00 Aspect: In cooperation with the Agricultural Extension Service, Keeps farmers and homemakers abreast of current developments of interest to them.

12:30 Midday News: 15 minutes rounding out the noon "service hour". Source: Associated Press broadcast wire and press releases.

2:15 Geography: 9th grade level. Basic resource for approximately 5,000 students. Produced under contract with the North Carolina Department of Public Instruction.

6:00 News: A fifteen-minute summary. (See 12:30) 6:15 Aspect : A rebroadcast of the 12:00 farm and home program. 6:45 The Friendly Giant (Net): For children, ages three through six. Stories, poems, playlets.

7:00 What's New (Net): For children, ages seven through twelve. Adventure, history, sciences, etc.

7:30 You the Deaf : Sign language, lip reading, visuals are used to communicate topics of interest to the deaf.

8:00 World of Mustic: Net.
8:30 Japanese Brush Painting: Net.

9:00 Performance: Series of concerts with faculty members and students from area colleges and universities.

9:30 College Credit Course : History 599, political and social history of North Carolina to 1835. Carries two semester hours credit.

10:15 Lip Reading: For the deaf and friends of the deaf to help develop the skill of lip reading through demonstration and practice. 11:00 World of Music: Net.

FRIDAY

8:55 Morning News Summary: Primarily for school “homerooms” and first hour classes.

9:00 United States History: 11th grade level. Five days a week. Basic resource for approximately 10,000 students. Produced under contract with the North Carolina Department of Public Instruction.

9:30 Physical Science: 9th grade level. Basic resource for approximately 12,000 students. Produced under contract with the North Carolina Department of Public Instruction.

10:00 World History: 10th grade level. Basic resource for approximately 7,000 students. Produced under contract with the North Carolina Department of Public Instruction.

10:30 Mathematics: 8th grade level. Basic resource for approximately 9,000 students. Produced under contract with the North Carolina Department of Public Instruction.

11:00 Parlons Francais (Net) : Instruction in spoken French for three primary levels.

12:00 Aspect: In cooperation with the Agricultural Extension Service. Keeps farmers and homemakers abreast of current developments of interest to them.

12:30 Midday News : 15 minutes rounding out the noon "service hour.” Source: Associated Press broadcast wire and press releases.

2:00 Una Aventura Espanol: Instruction in spoken Spanish for the elementary level.

5:00 College credit course: First year Algebra. Carries three semester hours credit.

6:00 News: A fifteen-minute summary. (See 12:30)
6:15 Aspect: A rebroadcast of the 12:00 farm and home program.

6:45 The Friendly Giant (Net): For children, ages three through six. Stories, poems, playlets.

7:00 What's new (Net): For children, ages seven through twelve. Adventure, history, science, etc.

7:30 Spectrum/Science Reporter: Net. 8:00 Festival of Arts: Net.

9:00 Local “Special” Programs: One-time-only programs such as “North Carolina Symphony,” highlights from the “Fine Arts Festival,” and addresses by campus visitors of note.

SUNDAY

2:00 Basic Concrete Technology: Informal instruction designed as an aid for contractors, builders, and architects.

2:30 Landscaping Your Home: Renters and homeowners are helped in solving their landscaping problems.

3:00 The French Chef: Net.
3:30 Public Affairs : Net.
4:00 Spectrum/Science Reporter: Net.
4:30 The Creative Person: Net.

5:00 Performance: Series of concerts with faculty members and students from area colleges and universities.

5:30 Public Affairs: Net.
6:30 The World of Music: Net.
7:00 Public Affairs : Net.
8:00 Festival of the Arts: Net.

EXHIBIT D

Use of copyright materials, WQED, week of May 2–7, 1965Summary [Key: LI-Local instructional programing; OI-Other instructional programing; LG-Local general programing; OG-Other general programing]

LI OILGOGLI OILGOGLI OILGOGLI OILGOGLI OILGOGLI OILGOGLI OILGOG

19

6

4

17

3

6

1

1

5

5

20

28

0

19

3

2

21

6

4

24

6

2

14

9

3

4

12

3

1

32

2

2

27

41

14

11

111

లు 28.55 |

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10

8
65
47
3

9

3

Total.

36

111

74

44

37

35

50

39

51

26

60

563 EXHIBIT E

Sunday, May 2, Monday, May 3, Tuesday, May 4, Wednesday, May Thursday, May

8:55 a.m. to 9:05 a.m. to

5, 8:50 a.m, to 6, 8:55 a.m. to 2 to 8 p.m. 10:30 p.m.

11 p.m. 10 p.m.

10:30 p.m.

Friday, May 7, 9 a.m. to 11 p.m.

Week's total

according to type of material

Type of copyright material

1. Literary works.
2. Musical works, including any accompanying

music.
3. Dramatic works, including any accompanying

music
4. Choreographic works and pantomime.
5. Pictorial, graphic, and sculptural works.
6. Motion pictures.
7. Sound recordings.

(NOTE.-Station breaks: As requested, music used on station breaks was not summa-
rized. However, 19 films were used on station breaks during the week. Repeat programs:
Use of copyright materials was counted on original telecast only. Summary of repeat

programing: LI–7 programs repeated 2 times, 6 programs repeated 1 time, 1 program repeated 3 times; 01-11 programs repeated 1 time, 4 programs repeated 2 times, 1 program repeated 3 times; LG-i program repeated 1 time; O G-7 programs repeated 1 time.)

PRINCIPAL ETV PROPOSALS ON 1965 COPYRIGHT BILL 1. Definition of "fair use" to specifically permit educational uses including ETV.

RECOMMENDATION Revise Section 107 as follows:

"Notwithstanding the provisions of Section 106, the fair use of copyrighted work to the extent reasonably necessary or incidental to a legitimate purpose such as criticism, comment, news reporting, teaching, scholarship, or research is not an infringement of copyright. Non-commercial educational use by a non-profit educational institution or organization shall be presumed to be such 'fair use' unless specifically rebuted.”

COMMENT The first sentence is exactly the same as that proposed by Copyright Office last year but dropped this year for unexplained reasons. The second sentence establishes a presumption in favor of educational uses which can be disproven if unfair. 2. Endosement of proposed exemption for formal school ETV programming.

RECOMMENDATION Enact Section 109(2) in its present form as follows:

"Notwithstanding the provisions of Section 106, the following are not infringements of copyright:

“(2) performance of a non-dramatic literary or musical work, or exhibition of a work, by or in the course of a transmission, if the transmission is made primarily for reception in classrooms or similar places normally devoted to instruction and is a regular part of the systematic instructional activities of a non-profit educational institution."

COMMENT While this exemption covers almost all in-school instructional television needs, it does not apply to: (i) dramatic works, such novels, plays, musical shows or ballets; nor to (ii) any commercial school, such as a barber college, secretarial school or similar private trade school; nor to (iii) instructional programs intended primarily for home reception, even though prepared and sponsored by a credit-granting public or private educational institution.

3. Inclusion of ETV in exemption for non-profit performances by non-paid performers:

RECOMMENDATION Revise Section 109 (4) as follows:

“Notwithstanding the provisions of Section 106, the following are not infringe ments of copyright:

“(4) performance or transmission of a non-dramatic literary or musical work without any purpose of direct or indirect commercial advantage and without payment of any fee or other compensation for the performance to any of its performers, promoters or organizers if

"(A) there is no direct or indirect admission charge, or

“(B) the proceeds, after deducting the reasonable cost of producing the performance, are used exclusively for educational, religious, or charitable purposes and not for any financial gain.”

COMMENT This revision would apply to ETV broadcasts the same “non-profit” exemption by the Copyright Office for all other performances. By itself, this would permit only "live" broadcasts of non-dramatic musical and literary works—and then only where: (i) neither the performers or organizers are specially paid for the

program, and (ii) no direct or indirect commercial interest is involved in the program. While full performances of complete works are permitted, dramatic works (such as plays, ballets, etc.), pictorial materials (such as photographs, maps, etc.) and motion pictures (including television programs and film strips) are excluded. This therefore is a limited exemption applicable to general audience viewing—including adult credit courses.

4. Specification of local ETV recording and re-use privileges.

RECOMMENDATION

Add a new Section 111 as follows:
“Section 111. Limitations on exclusive Educational copies and recordings.

“Notwithstanding the provisions of Section 106, it is not an infringement of copyright for anyone lawfully entitled under Section 109 to perform, exhibit, or to transmit a performance or exhibition of, a copyrighted work (save those originally consumable upon use, such as workbook exercises, problems, or answer sheets for standardized tests).

“(A) to make no more than one copy or phonorecord of the work in the course of such use, provided that no copy or phonorecord may be made of dramatic works (including any accompanying music), pantomimes and choreographic works, and motion pictures or film strips unless the performers and the audience are limited to students, faculty or staff, and

“(B) to make a reasonable number of copies or phonorecords of excerpts

or quotations are not substantial in length in proportion to their source, solely for purposes of such person's or organization's own teaching, lawful performances, exhibitions and transmissions, for course work study in connection therewith, for research or archival purposes, provided that no such copyrighted material is sold or leased for profit, and that no direct or indirect private gain is involved.

COMMENT While the Copyright Office has already proposed a so-called “ephemeral recording” provision for commercial and ETV stations alike in Section 110, this only permits local pre-recordings which must be destroyed within six months. Accordingly, a special ETV provision is necessary to permit longer local re-use of any program including copyrighted material which would be exempt under the previous principles if broadcast “live.” This also would be a restricted privilege, permitting (i) only a single recording where any full work is involved, (ii) multiple recordings only where short excerpts or quotations are used, and (iii) only local use and re-use.

RECOMMENDATION BY THE EASTERN EDUCATIONAL NETWORK ON COPYRIGHT

REVISION

It is urged that the following sentence be added at the end of the new Section 111 proposed by the Ad Hoc Educational Committee on Copyright Revision:

"Nor is it an infringement of copyright for a copy or phonorecord lawfully made pursuant to this Section to be given, loaned, exchanged or otherwise made available for use by another person or organization similar to the original maker (either directly or through a non-profit association, group, institution or other agency established for such purpose) if: (i) the making of such copy or phonorecord by the user itself would not have constituted an infringement of copyright under this Section; and (ii) the gift, loan, exchange or other availability of such copy or phonorecord is without any purpose of direct or indirect commercial advantage and without any charge other than the actual cost incurred therein."

ROCKEFELLER BROS. FUND.,

New York, N.Y., June 2, 1965. Mr. EUGENE N. ALEINIKOFF, General Counsel, National Education Television, New York, N.Y.

DEAR MR. ALEINIKOFF: We very much appreciate your thoughtful letter of May fifth presenting the educational television view on copyright revision.

In The Performing Arts: Problems and Prospects the panel's exploration of the subject of copyright revision was brief as the subject lay somewhat outside the

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