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VIII. HISTORICAL COMPARISON

Exhibit 20 shows that between 1909 and 1964, the statutory copyright license fee, as a percentage of manufacturers' net selling price, rose from 5% to 15%.

According to a study of the copyright law commissioned by the Copyright Office, 1 in 1909 the Congress considered a reasonable statutory copyright license fee to be 5% of the manufacturer's selling price to wholesalers, or "2¢ per part manufactured (e.g., per side of old speed record...)." Today, the copyright license fee is 9.7% of the manufacturer's net selling price for 45 RPM records and 15.0% of the price of monaural popular LP records.

These current percentages represent increases of nearly AMOUNTS 200% and 300% over the 1909 level.

A 1 increase in the copyright license fee would raise the fee as a percentage of manufacturers' current selling prices from 9.7% to 13.9% for 45 RPM records, and from 15.0% to 21.0% for monaural popular LP records.

1

U. S. Copyright Office; Copyright Law Revision Studies
Prepared For The Subcommittee on Patents, Trademarks,
And Copyrights Of The Committee On The Judiciary,
United States Senate; Eighty-Sixth Congress, First Session.
(Government Printing Office, Washington, D. C., 1960),
Study No. 5, pp. 54-55.

Exhibit 20

STATUTORY COPYRIGHT FEE

AS A PERCENTAGE OF RECORD COMPANIES SELLING PRICE TO WHOLESALERS-1909, 1921, 1964

On basis of 2¢ Copyright Fee

"Single or Long Playing Popular" 45 RPM

Monaural Record

Year

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On basis of 3¢ Copyright Fee

(if passed on to wholesalers)

1964

13.9%

21.0%

IX. CONCLUSIONS: IMPACT OF INCREASED
COPYRIGHT LICENSE FEE

Exhibit 21 presents conclusions drawn from the earlier

analysis.

Record companies and record marketers cannot absorb an increase in the statutory copyright license fee. Their margins and profits are already squeezed to the minimum.

Therefore, if the copyright license fee is increased, record companies and record marketers would have to respond so as to protect themselves. Record manufacturers would have to take steps such as: reducing the number of risky offerings of new, unknown composers and artists; reduction in the number and length of the selections of music on recordings; fewer recordings of serious and classical music; and, greater use of public domain music. In addition, record manufacturers and record marketers will be forced to pass the increase on to consumers.

All of these responses, which seek to lessen increased risks and costs arising from higher copyright license fees, would lead to a restructuring of the industry. There would be a tendency to "concentration" as a result of the increased economic pressure upon weaker record companies and marketers.

Moreover, and in any case, copyright holders already receive a greater percentage of industry sales than was originally contemplated by the present law.

In addition, copyright holders already receive more of the record industry's dollars than any other creative group associated with record manufacturing.

For these, and other reasons presented herein, it is concluded that an increase in the copyright license fee is not appropriate at this time. In fact, consideration should be given to a reduction in the statutory rate.

Exhibit 21

IMPACT OF INCREASED
COPYRIGHT LICENSE FEE

RECORD COMPANIES AND RECORD MARKETERS
CAN NOT ABSORB AN INCREASE IN COPYRIGHT FEES

THEREFORE, IF THE COPYRIGHT FEE IS INCREASED:
●Record companies will be forced to protect
themselves by taking such steps as

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reduction in number of risky offerings involving
new, unknown composers and artists

reduction in number and length of pieces
of music on recordings

- fewer recordings of serious and
classical music

greater use of public domain music

●Record companies and marketers will be forced to pass the increase on to consumers

There will be a restructuring of the industry and tendency to concentration as a result of economic pressures upon weaker record companies and record marketers

COPYRIGHT HOLDERS ALREADY RECEIVE GREATER PERCENTAGE OF INDUSTRY SALES THAN CONTEMPLATED BY PRESENT LAW

COPYRIGHT HOLDERS ALREADY RECEIVE MORE MONEY AND

A LARGER SHARE OF INDUSTRY DOLLARS THAN:

• artists

• supporting talent

⚫ record companies

ADDENDUM

то

STATEMENT OF JOHN DESMOND GLOVER

BEFORE
SUBCOMMITTEE ON

PATENTS, TRADEMARKS, AND COPYRIGHTS
OF THE

COMMITTEE ON THE JUDICIARY

UNITED STATES HOUSE OF REPRESENTATIVES
EIGHTY-NINTH CONGRESS, FIRST SESSION

June, 1965

This addendum provides factual information with respect to certain arguments regarding H. R. 4347, Sec. 113 (c) (2), relating to:

1. relative effects of 1909-1965 price levels upon copyright holders and record companies;

2.

3.

actual playing times of recorded music and
resultant impact of the proposed provision
calling for l¢ per minute of playing time or
fraction thereof; and

the extent to which the copyright license fee
contained in the present statute (2¢) in practice
establishes the actual fees paid by record
companies to copyright holders.

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