Page 118 127

278

216

247

75

263

11 131

256

281

281

284 287

287

Gehrke, Robert, executive director, Training Media Association:

Prepared statement with attachments....

Roster of Coalition for Copyright Entrepreneurs...
Green, Allen J., president, Films, Inc./Entertainment: Letter to Hon. Robert

W. Kastenmeier and Hon. Benjamin L., Cardin (April 4, 1990)..
Jaszi, Peter, professor, Washington College of Law, the American University,

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

statement.
Rodgers, Michael F., senior vice president for policy and government affairs,

American Association of Homes for the Aging: Prepared statement..
Roth, Hon. William V., Jr., a Senator in Congress from the State of Delaware:

Prepared statement with attachments.
Training Media Association: Prepared statement with attachment...
Willging, Paul R., Ph.D., executive vice president, American Health Care
Association: Prepared statement............

APPENDIXES
Appendix 1.-Attorneys' fees.....

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).....
Appendix 2.–Nursing home/motion picture company issue
Further materials from the witnesses:

Hon. Benjamin L. Cardin, a Representative in Congress from the
State of Maryland:
Correspondence between the Motion Picture Licensing Corp. and

Meridian Health Care of Baltimore, MD.
Correspondence from seven motion picture companies to Con-

gressman Cardin
Correspondence from Congressman Cardin to the motion picture

companies (copy of one letter)
Correspondence between Congressman Cardin and the motion

picture distributors: Swank Motion Pictures, Inc., Motion Pic

ture Licensing Corp., and Films, Inc..
Attempted solutions brokered by Congressman Cardin's office:

Suggestions from Motion Picture Licensing Corp. and

"agreement"
Ralph Oman: Letter to Hon. Robert W. Kastenmeier (November 21,

1989), with attachment.
Timothy A. Boggs: Letter to Hon. Robert W. Kastenmeier (March 9,

1990).
Michael F. Rodgers: Letter to Hon. Robert W. Kastenmeier (March

27, 1990)...
The "Kastenmeier” agreement:

Correspondence from Chairman Kastenmeier to the motion picture

companies (copy of one letter)
Correspondence from motion picture companies to Chairman

Kastenmeier.....
Correspondence from the American Health Care Association and the

American Association of Homes for the Aging to Chairman Kasten

meier
Correspondence from Films, Inc., the Motion Picture Licensing Corp.,

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

20, 1989)...
Letter from Sally Jane Krantz, activity director, Amherst Nursing &

Convalescent Home, Kenmore, NY, to Chairman Kastenmeier (Sep

306

312

315

326

330

338

339

340

344

359

362 365

369 Page 373

374

375

376

378

380

381

382

Letter from James E. Ertz, administrator, Health Care Center, La

Crosse, WI, to Chairman Kastenmeier (November 6, 1989).....
Letter from Margaret D. Galluch, administrator, Sisters of Charity

Hospital, Buffalo, NY, to Chairman Kastenmeier (February 5, 1990)
Letter from Joseph W. Barron, director of activities, East Ridge

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)......
Letter from Alice Eikenberry, resident, Villa Pueblo Towers, Pueblo,

CO, to Chairman Kastenmeier (February 11, 1990)...
Letter from Rosella Barclay, nursing home volunteer, Des Moines,

IA, to Chairman Kastenmeier (February 22, 1990)...
Letter from Charles F. Price, executive director, National Association

of Activity Professionals, to Chairman Kastenmeier (February 23,

1990).....
Letter from Rose Ann Glasheen, activity director, Diane E. Kellogg,

RN, DNS; and Christin Winch, physical therapy, Resurrection Rest
Home, Castleton-On-Hudson, NY, to Chairman Kastenmeier

(March 14, 1990).
Letter from Diane Kamin, assistant activity director, Villa Manor

Care Center, Lakewood, CO, to Chairman Kastenmeier (March 29,

1990)....
Letter from Carol Chenault, director of therapeutic recreation, and

Alice Sohns, president of residents' council, Haven Homes of Maple
Plain, Inc., Maple Plain, MN, to Chairman Kastenmeier (received

April 2, 1990)...
Letter from Dixon Graff, manager, The Meadows, St. George, UT, to

Chairman Kastenmeier (April 3, 1990)...
Letter from Karen F. Hibbs, program director, Winslow Court, Colo-

rado Springs, CO, to Chairman Kastenmeier (April 4, 1990).
Letter from Anita Marsh, social services/activities director, Cypress

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

Welfare
Editorial, “Cinema Solution,” Wash. Post, August 11, 1990, p. A 20......
Kilpatrick, “Nursing Homes Blindsided by Video Age,” Wis. St. J.,

April 25, 1990, p. 14A..

383

384

385

386

387

388

389

397 411

412

COPYRIGHT INFRINGEMENT REMEDIES AND NURSING HOME/VIDEOCASSETTE COPYRIGHT

THURSDAY, APRIL 5, 1990

HOUSE OF REPRESENTATIVES,
SUBCOMMITTEE ON COURTS, INTELLECTUAL PROPERTY,

AND THE ADMINISTRATION OF JUSTICE,
COMMITTEE ON THE JUDICIARY,

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. KASTENMEIER. The committee will come to order.
The gentleman from Illinois.

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.

(Laughter.]

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:]

101st CONGRESS

1st SESSION

H. R. 671

To amend title 17, United States Code, relating to remedies in copyright

infringement actions.

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.

1

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

5

(1) by inserting “(a) IN GENERAL.—” before