Lapas attēli
PDF
ePub
[blocks in formation]

COMMITTEE ON THE JUDICIARY

UNITED STATES SENATE

ONE HUNDRED SECOND CONGRESS

SECOND SESSION

ON

S. 1805

[ocr errors]

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

71-249

JUNE 16, 1992

Serial No. J-102-68

Printed for the use of the Committee on the Judiciary

U.S. GOVERNMENT PRINTING OFFICE

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
HOWARD M. METZENBAUM, Ohio
DENNIS DECONCINI, Arizona
PATRICK J. LEAHY, Vermont
HOWELL HEFLIN, Alabama
PAUL SIMON, Illinois

HERBERT KOHL, Wisconsin

STROM THURMOND, South Carolina
ORRIN G. HATCH, Utah

ALAN K. SIMPSON, Wyoming
CHARLES E. GRASSLEY, Iowa
ARLEN SPECTER, Pennsylvania
HANK BROWN, Colorado

RONALD A. KLAIN, Chief Counsel
CYNTHIA C. HOGAN, Staff Director

THADDEUS E. STROM, Minority Chief Counsel and Staff Director

[blocks in formation]

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 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

« iepriekšējāTurpināt »