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in light of recent developments in the Williams & Wilkins case. Teachers are not interested in mass copying that actually damages authors and publishers, but they need to be free to make creative use of all of the kinds of resources available to them in the classroom, and this necessarily involves some reproduction and distribution of copyrighted works such as contemporaneous material in the press, isolated poems and stories for illustrative purposes, TV or radio materials, and the like. Subjecting the use of modern teaching tools to requirements for advance clearance and payment of fees would inhibit use of teachers' imagination and ingenuity and necessarily restrict students' opportunity to learn. It is imperative, therefore, that a specific limited educational exemption for educational copying or reproduction be granted by the Congress.

In the event that this Subcommittee cannot grant our request, the Ad Hoc Committee will be unable to support the proposed legislation (s. 1361) unless it is changed in two major respects: (1) unless the bill specifically provides adherence to the concepts and meanings of "fair use" which were written into House Report No. 83, 90th Congress, as amended in the following respects :

(a) the elimination of the expression “no matter how minor" in reference to the fourth criterion

(b) the authorization for classroom purposes for limited multiple copying of short whole works, such as poems, articles, stories, and essays

(c) the application of the full impact of "fair use" to instructional

television and (2) unless the decision of the Commissioner in the Williams & Wilkins case is specifically rejected to the extent in which it differs from that House Report, as amended.

Accompanying me today are representative members of the Ad Hoc Committee who will speak to the Ad Hoc Committee's request for a limited educational exemption. The 41 organizations represented on the Ad Hoc Committee have thrashed out their differences, and the position we take now at this hearing best states the preponderant view of our Committee.

I turn now to the panel members. In the interest of time, I will ask each panel member to introduce himself to the Subcommittee and indicate the needs and concerns of the organization or organizations he represents relative to the Ad Hoc Committee's recommendation to the Congress.

EXHIBIT A Ad Hoc COMMITTEE ON COPYRIGHT LAW REVISION JULY 1973. American Association for Higher Education American Association of Colleges for Teacher Education American Association of Junior Colleges American Association of Law Libraries American Association of School Administrators American Association of School Librarians American Association of University Women American Council on Education American Educational Theatre Association, Inc. American Library Association Association for Childhood Education International Association for Computing Machinery Association for Educational Communications and Technology Association of Research Libraries Baltimore County Schools College English Association Corporation for Public Broadcasting Council on Library Resources International Reading Association Joint Council on Educational Telecommunications, Inc. Medical Library Association Modern Language Association Music Educators National Conference Music Teachers National Association National Art Education Association National Association of Educational Broadcasters National Association of Elementary School Principals National Association of Schools of Music National Catholic Educational Association National Catholic Welfare Conference

National Commission for Libraries and Information Science
National Contemporary Theatre Conference
National Council for the Social Studies
National Council of Teachers of English
National Council of Teachers of Mathematics
National Education Association of the United States
National Instructional Television Center
National Public Radio
National School Boards Association
Public Broadcasting Service
Speech Communication Association

INTERESTED OBSERVERS
American Association of University Professors
American Home Economics Association
American Personnel and Guidance Association
Associated Colleges of the Midwest
Association of American Law Schools
Association for Supervision and Curriculum Development
Federal Communications Commission
National Congress of Parents and Teachers

EXHIBIT B

Section . Limitations on exclusive rights: Reproduction for teaching, scholar

ship and research Notwithstanding other provisions of this Act, nonprofit use of a portion of a copyrighted work for noncommercial teaching, scholarship or research is not an infringement of copyright.

For purposes of this section,

(1) "use” shall mean reproduction, copying and recording; storage and retrieval by automatic systems capable of storing, processing, retrieving, or transferring information or in conjunction with any similar device, machine or process ;

(2) "portion" shall mean brief excerpts (which are not substantial in length in proportion to their source) from certain copyrighted works, except that it shall also include

(a) the whole of short literary, pictorial and graphic works

(b) entire works reproduced for storage in automatic systems capable of storing, processing, retrieving, or transferring information or in conjunction with any similar device, machine or process, provided that

(i) a method of recording retrieval of the stored information is established at the time of reproduction for storage, and

(ii) the rules otherwise applicable under law to copyrighted works shall apply to information retrieved from such systems; (c) recording and retransmission of broadcasts within five school days after the recorded broadcast; provided that such recording is immediately destroyed after such 5-day period and that such retransmission is limited

to immediate viewing in schools and colleges. Provided that “portion" shall not include works which are

(a) originally consumable upon use, such as workbook exercises, problems, or standardized tests and the answer sheets for such tests ;

(b) used for the purpose of compilation within the provisions of Section 103(a). Senator McCLELLAN. Who is the next witness to be heard from?

Mr. CARR. Mr. Chairman and members of the subcommittee, I am Alfred Carr, legislative consultant in the Office of Government Relations of the National Education Association.

I appreciate this opportunity to appear before you this morning on behalf of the National Education Association of the United States.

Teachers are both authors and consumers of educational materials, many of which are protected by copyright laws. NEA, representing some 1.4 million teachers and other educators, wants a law which will be equitable to both authors and consumers.

20-344-73-13

There is an overriding need to be met in the revision of the copyright law: the need to maintain openness in our society and to insure reasonable access to information and ideas for all of our citizens. This is of primary concern in our democracy.

The teacher gives visibility to the author's works and creates markets for them. One may ask: What good is an author's work if no one is interested in reading what he has written? In a sense, we promote the works of authors in the classroom. Teachers have the responsibility of stimulating interest on the part of learners. This means using a wide variety of materials and resources for teaching and learning. In the world of information in the 1970's, this imposes on the teacher a new responsibility to make rapid decisions regarding the use of materials—decisions which often turn out to be regarded as infringements or near infringements of the present archaic copyright law.

Teaching is no longer confined to the use of a single textbook. Creative teachers need bits and pieces of all sorts of written, pictorial, and graphic materials geared to the teachable moment when students are best ready to learn. Requiring a teacher to purchase a large book in order to use a small portion would simply mean that the teacher would neither buy the book nor use the materials. Teachers today must work in a world where the very atmosphere is loaded with information which students must learn to shift and evaluate.

What then are education's needs in any new copyright legislation passed by this Congress?

Immediate access to reasonable portions of printed and nonprinted materials for instructional purposes without payment of royalties. This reasonable access should be extended to the use of instructional television, computers, automated systems, and other developments in educational technology.

Certainty that the present law's "not-for-profit” principle be converted into a limited educational exemption for nonprofit uses of copyrighted materials.

Protection for teachers who innocently infringe the law in the performance of their duties as teachers.

Retention of the same copyright duration period as in present law: that is, 28 years plus a 28-year renewal period.

The teacher's needs encompass the new teaching-learning processes that are being stimulated by the enormous amount of new information and the attendant opportunities afforded by the new educational technology.

New teaching techniques—including the use of computers, closed circuit television, videotapes, recordings, and microfilm, among other forms of communications technology-have been developed to keep pace with the demands of the fast changing information explosion faced by our schools. They make possible more learning in less time. Flexible scheduling at the secondary level has been made possible by computers and has opened a wide choice for learners within the school day. Computerized scheduling can free students from rigid teaching patterns and enable them to be liberated for a portion of the day for individualized work, library activities, open laboratory work on a problem or project, or for individual conferences with teachers.

Schools without walls have opened the parameters of the learner to include attending political conventions, court hearings, sports events, and witnessing moon launches. Tools such as cassettes, videotapes, and cameras can be used to capture these events for sharing with other learners. All of this is to say that the world has changed considerably since 1909 and that this change can be seen in the schools as well as in every other sector of our society. The new copyright law must not freeze education at the 1930 level or even at the 1973 level.

It is important to cite a few teaching practices to illustrate the restrictiveness of S. 1361 :

A teacher videotapes a relevant television program off the air for use on the following day with his or her social studies classes in the auditorium or in the classroom.

A teacher reproduces 30 copies of one page out of a copyrighted book.

A teacher puts a chapter from a copyrighted book into a computer in order to make an analysis of the grammatical structure.

A class is having difficulty understanding symbolism in literature, and the class text does not go far enough in its explanation. The teacher therefore makes multiple copies of a poem or a short essayfrom another book—that would help the class understand the concept.

NEA strongly urges this committee and this Congress to adopt a revised copyright law that will explicitly provide limited exemptions for teaching, scholarship, or research purposes, and extend "fair use" provisions to new educational technology such as instructional television, computers, and automated systems.

Finally, therefore, we need a new law that will support, rather than thwart, good teaching practices in the 1970's.

Thank you.
Senator McCLELLAN. Thank you.
[The statement of Alfred Carr in full follows:]

STATEMENT OF ALFRED CARR, LEGISLATIVE CONSULTANT, NATIONAL EDUCATION

ASSOCIATION

Mr. Chairman and members of the subcommittee, I am Alfred Carr, Legislative Consultant in the Office of Government Relations of the National Education Association. I appreciate this opportunity to appear before you this morning on behalf of the National Education Association of the United States.

Teachers are both authors and consumers of educational materials, many of which are protected by copyright laws. NEA, representing some 1.4 million teachers and other educators, wants a law which will be equitable to both authors and consumers. We wish to see proper protection of the interests of those persons whose creative abilities produce fine instructional materials. At the same time, we wish to insure that teachers and learners are protected in their creative use of materials in the classroom. There is an over-riding need to be met in the revision of the copyright law: the need to maintain openness in our society and to insure reasonable access to information and ideas for all of our citizens. This is of primary concern in our democracy.

The teacher gives visibility to the author's works and creates markets for them. One can ask: What good is an author's work if no one is interested in reading what he has written? In a sense, we promote the works of authors in the classroom. Teachers have the responsibility of stimulating interest on the part of learners. This means using a wide variety of materials and resources for teaching and learning. In the world of information in the 1970s, this imposes on the teacher a new responsibility to make rapid decisions regarding the use of materials—decisions which often turn out to be regarded as infringements or near-infringements of the present archaic copyright law.

Teaching is no longer confined to the use of a single textbook. Creative teachers need bits and pieces of all sorts of written, pictorial, and graphic materials geared to "the teachable moment" when students are best ready to learn. Requiring a teacher to purchase a large book in order to use a small portion would simply mean that the teacher would neither buy the book nor use the materials. Teachers today must work in a world where the very atmosphere is loaded with information which students must learn to sift and evaluate.

What then are education's needs in any new copyright legislation passed by this Congress?

Immediate access to reasonable portions of printed and non-printed materials for instructional purposes without payment of royalties. This reasonable access should be extended to the use of instructional television, computers, automated systems, and other developments in educational technology.

Certainly that the present law's "not-for-profit” principle be converted into a limited educational exemption for non-profit uses of copyrighted materials.

Protection for teachers who innocently infringe the law in the performance of their duties as teachers.

Retention of the same copyright duration period as in present law; i.e., 28 years plus a 28-year renewal period.

The teacher's needs encompass the new teaching-learning processes that are being stimulated by the enormous amount of new information and the attendant opportunities afforded by the new educational technology.

New teaching techniques--including the use of computers, closed-circuit television, videotapes, recordings and microfilm, among other forms of communications technology-have been developed to keep pace with the demands of the fast changing information explosion faced by our schools. They make possible more learning in less time. Flexible scheduling at the secondary level has been made possible by computers and has opened a wide choice for learners within the school day. Computerized scheduling can free students from rigid teaching patterns and enable them to be liberated for a portion of the day for individualized work, library activities, open laboratory work on a problem or project, or for individual conferences with teachers.

Schools without walls have opened the parameters of the learner to include attending political conventions, court hearings, sports events, and witnessing moon launches. Tools such as cassettes, videotapes, and cameras can be used to capture these events for sharing with other learners. All of this is to say that the world has changed considerably since 1909 and that this change can be seen in the schools as well as in every other sector of our society. The new copyright law must not freeze education at the 1930 level or even at the 1973 level!

It is important to cite a few teaching practices to illustrate the restrictiveness of S. 1361 :

A teacher videotapes a relevant television program off the air for use on the following day with his or her social studies classes in the auditorium or in the classroom.

A teacher reproduces 30 copies of one page out of a copyrighted book.

A teacher puts a chapter from a copyrighted book into a computer in order to make an analysis of the grammatical structure.

A class is having difficulty understanding symbolism in literature, and the class text does not go far enough in its explanation. The teacher therefore makes multiple copies of a poem or a short essay (from another book) that would help the class understand the concept.

All of these practices, according to counsel for some publishers, would constitute infringements under the present law. Likewise, they would be considered infringements under the proposed bill, S. 1361, which is not significantly different from the present law. This again illustrates that the 1909 law is out of joint with present practices in the schools of the '70s.

In our judgment, the proposed copyright law would drastically curtail the use by teachers of various materials for instruction. NEA strongly urges this Committee and this Congress to adopt a revised copyright law that will explicitly provide limited exemptions for teaching, scholarship, or research purposes, and extend "fair use" provisions to new educational technology such as instructional television, computers, and automated systems.

Finally, therefore, we need a new law that will support, rather than thwart. good teaching practices in the 1970s.

Thank you.
Senator McCLELLAX. Who is next?

Mr. HOGAX. My name is Robert F. Hogan, and I am the executive secretary of the National Council of Teachers of English.

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