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HEARINGS

BEFORE THE

SUBCOMMITTEE ON

PATENTS, TRADEMARKS, AND COPYRIGHTS

OF THE

COMMITTEE ON THE JUDICIARY
UNITED STATES SENATE

EIGHTY-NINTH CONGRESS

COMMITTEE ON THE JUDICIARY

JAMES O. EASTLAND, Mississippi, Chairman

SUBCOMMITTEE ON PATENTS, TRADEMARKS, AND COPYRIGHTS

JOHN L. MCCLELLAN, Arkansas, Chairman

THOMAS C. BRENNAN, Chief Counsel

CONTENTS

Testimony of—

L. Quincy Mumford, Librarian of Congress-

Abraham L. Kaminstein, Register of Copyrights, accompanied by

Barbara Ringer, Assistant Register..

James E. Toomey, chairman of the American Bar Association Section

on Patents, Trademarks, and Copyright Law, accompanied by

Sidney A. Diamond, chairman, Copyright Division of the Patent,

Trademark, and Copyright Section

Harold E. Wigren and Harry N. Rosenfield, Ad Hoc Committee (of

educational institutions and organizations) on Copyright Law

Revision, accompanied by Dr. Charles Gosnell, chairman, Com-

mittee of Copyright Issues, American Library Association; Eugene

N. Aleinikoff, Joint National Educational Television-Educational

Stations Music and Copyright Committee; Dean Fred Siebert,

School of Communications, Michigan University; Dr. T. M.,

Stinnett, assistant executive secretary for professional development

and welfare, National Education Association_

81, 118, 147, 169

Eugene N. Aleinikoff, Joint National Educational Television, Edu-

cational Television Stations Music and Copyright Committee__

John Schulman, chairman for revision of copyright law, American Bar

Association.

Mark Carroll, chairman, Copyright Committee, Association of
American University Presses, Inc.

150

94

175

Leonard Feist, chairman, Legislative Committee, Music Publishers

Association of the United States___

181

Dr. Charles F. Gosnell, chairman, Committee on Copyright Issues of

the American Library Association_

136

Dr. T. M. Stinnett, National Education Association__

Dean Fred S. Siebert, American Council on Education_

John A. Bresnahan, Printing Industries of America, Inc.

138

143

198

Keating, Kenneth B., former U.S. Senator from the State of New York,

representing publishers. -

211

National Newspaper Association...

221

Waldheim, Franklin, Walt Disney Productions_

223

Letters received by Senators Aiken, Bennett, Dodd, Ervin, Morse, Moss,

and Neuberger.

225

Rev. Joseph J. Gildea.

237

COPYRIGHT LAW REVISION

WEDNESDAY, AUGUST 18, 1965

U.S. SENATE,

SUBCOMMITTEE ON PATENTS, TRADEMARKS, AND COPYRIGHTS,
OF THE COMMITTEE ON THE JUDICIARY,

Washington, D.C. The subcommittee met, pursuant to notice, at 10:05 a.m., in room 3302, New Senate Office Building, Senator John L. McClellan presiding.

Present: Senators McClellan and Fong.

Also present: Thomas C. Brennan, chief counsel, Edd N. Williams, Jr., assistant counsel; and Stephen C. Haaser, chief clerk, Subcommittee on Patents, Trademarks, and Copyrights; and Mr. Horace A. Flurry, representing Senator Hart.

Senator MCCLELLAN. The committee will come to order.

The subcommittee this morning opens the public hearing on S. 1006, to provide for a general revision of the copyright law. This bill was introduced by me on February 4 at the request of the Library of Congress.

The enactment of copyright legislation is one of the powers specifically conferred upon the Congress by the Constitution. It is, therefore, appropriate that 10 years of preparatory work, including the publication by this subcommittee of 34 copyright law studies, has been devoted to the preparation of this important bill. The labors of the Copyright Office, and of the many individuals in private life who have participated in the consultations on this bill, will be of considerable assistance to the subcommittee in its examination of this complex subject.

Our existing copyright law is substantially unchanged from that adopted in 1909 and is clearly inadequate to cope with the developments in communications and technology.

I personally have no preconceived opinion about any provision of this bill. My sole objective in introducing it was to devise a modern copyright statute that would encourage creativity and protect the interest which the public has in the subject matter of this legislation. I certainly invite the comments and suggestions of all who are interested in this problem. Those who are competent to give us counsel and those who are interested, I hope they will respond, and if they have anything they can contribute, we shall be glad to receive it.

Mr. BRENNAN. Mr. Chairman.

May I first offer for inclusion at this point in the record the notice of this hearing, which appeared in the Congressional Record.

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