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S. HRG. 102–1118

#20

NEWS MONITORING 04/23

113 Jenter

A000

SEP 1993
HEARING
BEFORE THE

SSJY9NOU JO ANO!
SUBCOMMITTEE ON
PATENTS, COPYRIGHTS AND TRADEMARKS

OF THE

COMMITTEE ON THE JUDICIARY

UNITED STATES SENATE

ONE HUNDRED SECOND CONGRESS

SECOND SESSION

ON

S. 1805
A BILL TO AMEND TITLE 17, UNITED STATES CODE, TO CLARIFY NEWS
REPORTING MONITORING AS A FAIR USE EXCEPTION TO THE EXCLU-
SIVE RIGHTS OF A COPYRIGHT OWNER

JUNE 16, 1992

Serial No. J-102-68

Printed for the use of the Committee on the Judiciary

U.S. GOVERNMENT PRINTING OFFICE

71-249

WASHINGTON : 1993

For sale by the U.S. Government Printing Office
Superintendent of Documents, Congressional Sales Office, Washington, DC 20402

ISBN 0-16-041387-7

COMMITTEE ON THE JUDICIARY

JOSEPH R. BIDEN, JR., Delaware, Chairman EDWARD M. KENNEDY, Massachusetts STROM THURMOND, South Carolina HOWARD M. METZENBAUM, Ohio

ORRIN G. HATCH, Utah DENNIS DECONCINI, Arizona

ALAN K. SIMPSON, Wyoming PATRICK J. LEAHY, Vermont

CHARLES E. GRASSLEY, Iowa HOWELL HEFLIN, Alabama

ARLEN SPECTER, Pennsylvania PAUL SIMON, Illinois

HANK BROWN, Colorado HERBERT KOHL, Wisconsin

RONALD A. KLAIN, Chief Counsel

CYNTHIA C. HOGAN, Staff Director
THADDEUS E. STROM, Minority Chief Counsel and Staff Director

SUBCOMMITTEE ON PATENTS, COPYRIGHTS AND TRADEMARKS

DENNIS DECONCINI, Arizona, Chairman EDWARD M. KENNEDY, Massachusetts ORRIN G. HATCH, Utah PATRICK J. LEAHY, Vermont

ALAN K. SIMPSON, Wyoming
HOWELL HEFLIN, Alabama

CHARLES E. GRASSLEY, Iowa
KAREN ROBB, Chief Counsel and Staff Director

MARK DISLER, Minority Chief Counsel

(II)

93-245996

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CONTENTS

STATEMENTS OF COMMITTEE MEMBERS

DeConcini, Hon. Dennis, a U.S. Senator from the State of Arizona

Hatch, Hon. Orrin G., a U.S. Senator from the State of Utah

Page

1

115

CHRONOLOGICAL LIST OF WITNESSES

[graphic]

120

121

NEWS MONITORING

TUESDAY, JUNE 16, 1992

U.S. SENATE,

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

Washington, DC. The subcommittee met, pursuant to notice, at 10:11 a.m., in room 226, Dirksen Senate Office Building, Hon. Dennis DeConcini (chairman of the subcommittee) presiding.

OPENING STATEMENT OF HON. DENNIS DeCONCINI, A U.S.

SENATOR FROM THE STATE OF ARIZONA Senator DECONCINI. The Subcommittee on Patents, Copyrights and Trademarks will come to order.

I apologize to the witnesses for the lateness. I know your time is very valuable, and we appreciate you being here.

Today we'll conduct a hearing on S. 1805, a bill introduced by my friend, colleague and ranking member, Senator Hatch. S. 1805 would amend the fair-use doctrine embodied in the Copyright Act to include news monitoring in the list of illustrations of fair-use activities regarding copyrights works. Fair use is an affirmative defense to copyright infringement that was developed by the courts and later codified in section 107 of the 1976 Copyright Act.

Currently section 107 contains a list of six uses that may be examined under this doctrine: criticism, comment, news reporting, teaching, scholarship, and research. Moreover, it provides

a fourfactor balancing test to be applied on a case-by-case basis. This test considers the purpose of the use, including whether the use is for profit; the nature of the copyright work; the amount of the work used; and the effects of the use upon the potential market for the copyright work. The bill before us today would add to the illustrations in the fair-use preamble another use; namely, news monitoring.

This bill is an attempt to resolve a controversy regarding the ability of electronic news monitoring services to search, record, and package news broadcasts for commercial purposes.

We live in an age where the electronic media provide nonstop access to a constant flow of information and take us around the world as quickly as it takes us down the street. In a constant sea of electronic information, it's difficult, if not impossible, to stay on top of all that the news has to offer. Therefore, I find these new monitoring services to be extremely valuable. However, I do not believe that the value of these services is the question before us today. To

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