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Gehrke, Robert, executive director, Training Media Association:
Prepared statement with attachments....
Roster of Coalition for Copyright Entrepreneurs...
W. Kastenmeier and Hon. Benjamin L., Cardin (April 4, 1990)..
on behalf of the Educators' Ad Hoc Committee on Copyright Law: Prepared
statement. Kuyper, Peter W., chairman, Motion Picture Licensing Corp.: Prepared
statement.. Oman, Ralph, Register of Copyrights, Library of Congress: Prepared
American Association of Homes for the Aging: Prepared statement..
Prepared statement with attachments.
Letter from Jack L. Copeland, president, Copeland Communications, Inc.,
Northridge, CA, to Hon. Robert W. Kastenmeier (April 20, 1990)..... Letter from Dan Haendel, Deputy General Counsel, U.S. Department of
Commerce, to Hon. Robert W. Kastenmeier (May 3, 1990).....
Hon. Benjamin L. Cardin, a Representative in Congress from the
Meridian Health Care of Baltimore, MD.
companies (copy of one letter)
picture distributors: Swank Motion Pictures, Inc., Motion Pic
ture Licensing Corp., and Films, Inc..
Suggestions from Motion Picture Licensing Corp. and
1989), with attachment.
Correspondence from Chairman Kastenmeier to the motion picture
companies (copy of one letter)
American Association of Homes for the Aging to Chairman Kasten
and Swank Motion Pictures, Inc. to Chairman Kastenmeier
Nursing home/motion picture company agreement on videocassettes.. Correspondence:
Letter from Tonia Squires, activity director, Golden Years Retire
ment Village, Walworth, WI, to Chairman Kastenmeier (September
Convalescent Home, Kenmore, NY, to Chairman Kastenmeier (Sep
369 Page 373
Letter from James E. Ertz, administrator, Health Care Center, La
Crosse, WI, to Chairman Kastenmeier (November 6, 1989).....
Hospital, Buffalo, NY, to Chairman Kastenmeier (February 5, 1990)
Retirement Village, Miami, FL, to Chairman Kastenmeier (February 6, 1990).. Memo from Phyllis Wofford, president, Meadowood Residents Asso
ciation, Worcester, PA, to Chairman Kastenmeier (February 6,
1990), with attachment Letter from Ann E. VanPelt, vice president & chief operating officer,
Retirement Village Ltd., Bridgewater, VA, to Chairman Kasten
meier (February 8, 1990)......
CO, to Chairman Kastenmeier (February 11, 1990)...
IA, to Chairman Kastenmeier (February 22, 1990)...
of Activity Professionals, to Chairman Kastenmeier (February 23,
RN, DNS; and Christin Winch, physical therapy, Resurrection Rest
(March 14, 1990).
Care Center, Lakewood, CO, to Chairman Kastenmeier (March 29,
Alice Sohns, president of residents' council, Haven Homes of Maple
April 2, 1990)...
Chairman Kastenmeier (April 3, 1990)...
rado Springs, CO, to Chairman Kastenmeier (April 4, 1990).
Glen, Greenville, NC, to Chairman Kastenmeier (May 16, 1990)....... Printed matter:
Lawton, Moss, and Grimes, “The Changing Service Needs of Older
Tenants in Planned Housing,” 25 The Gerontologist 258-64 (1985)... Carp, “Congregate Housing for Older People: An Urgent Need, a
Growing Demand,” U.S. Department of Health, Education and
April 25, 1990, p. 14A..
COPYRIGHT INFRINGEMENT REMEDIES AND NURSING HOME/VIDEOCASSETTE COPYRIGHT
THURSDAY, APRIL 5, 1990
HOUSE OF REPRESENTATIVES,
AND THE ADMINISTRATION OF JUSTICE,
Washington, DC The subcommittee met, pursuant to notice, at 10:08 a.m., in room 2226, Rayburn House Office Building, Hon. Robert W. Kastenmeier (chairman of the subcommittee) presiding.
Present: Representatives Robert W. Kastenmeier, Howard L. Berman, George E. Sangmeister, Carlos J. Moorhead, Howard Coble, and F. James Sensenbrenner, Jr.
Also present: Michael J. Remington, chief counsel; Virginia E. Sloan, counsel; Stephanie A. Ward, clerk; Judith W. Krivit, clerk; and Thomas E. Mooney, minority counsel.
OPENING STATEMENT OF CHAIRMAN KASTENMEIER
Mr. SANGMEISTER. Mr. Chairman, I ask unanimous consent that the subcommittee permit the meeting today to be covered, in whole or in part, by television broadcast, radio broadcast, and/or still photography, pursuant to rule 5 of the committee rules.
Mr. KASTENMEIER. Without objection, and even reproductions of this hearing can, without objection, appear in nursing homes and other places.
Mr. KASTENMEIER. This morning the subcommittee is holding a hearing on two bills to amend the Copyright Act. H.R. 671, sponsored by our colleagues, Howard Berman and Carlos Moorhead, amends the Copyright Act to require that attorneys' fees be awarded in certain copyright infringement cases to plaintiffs who are individuals or small businesses. This bill would not apply to certain cases where the defendant is a nonprofit educational institution, library, or archives, or a public broadcasting entity. I am looking forward to hearing testimony on the current practices of the courts in awarding attorneys' fees in copyright cases and on what specific problems have motivated the introduction of this bill.
[The bills, H.R. 671 and H.R. 3158, follow:]
H. R. 671
To amend title 17, United States Code, relating to remedies in copyright
IN THE HOUSE OF REPRESENTATIVES
JANUARY 27, 1989 Mr. BERMAN introduced the following bill; which was referred to the Committee
on the Judiciary
A BILL To amend title 17, United States Code, relating to remedies in
copyright infringement actions.
Be it enacted by the Senate and House of Representa
2 tives of the United States of America in Congress assembled, 3 (a) AWARD OF FEES.-Section 505 of title 17, United
4 States Code, is amended
(1) by inserting “(a) IN GENERAL.—” before
9 ACTIONS.—(1) Subject to the provisions of section 412 of