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yarare quince of Article I, Seption of the l' s. Cometitution, and in the of op het protoke by the vagueness of the terın "wystematic" endles and !! .-!at.piltigation.

preberal librarians and Feleral libraries hare the duty to serve the publie e poput dink whateses deuments are available. We contend that the publie ** rtref is red when the doruments are provided subject to the primary

me of the cutitutional provistan"... to promote the progress of Science ou tyful Arts..."and subject to no more than other parts of Sertions Dialo We believe that the "fair use" prurisions of Section 107 are *ent protection to the holder of citright, buttrred by the more specitie puport boens of Mertion lan bat erinding karagraph (112). Librarians do not te are that the pulle interest is served his unrvtricted and unconditional photos pag ang but we do believe that the restrictions and conditions contained in 41.47 ]unts of the legislation are sufficient to wferunnl the legitimate rights of 1r holder rup popus right. When ('onKTP** prasided that constitutional protection In verre. Aplete ('ongres intended a "quid pro 7110", viz the fair or of Fast protivtexted material by the public. We are highly concerned that there wrems to te ne vernment defender of that philie interest. On the contrary, the 1988', al (mn.thi selam on Libraries and Information Sefence latest mort Indi. rive to us an arranée of the inevitability of ruraltio or a licensing agri. Mhest It is no momfort to us that the Register of frights, and the former l 3 ster, testife inat w«* before this sevimniittee that their first convm

'p the "** forficiaries of the Copyright othee, ie, authors and publishers And #art attainly not prepared to agree with the Register that the authors' alapfret is Der early the public interest.

trip arquet enirn alwwert the rakunne of the form **setmalle" fe enfirmed But the purt of 8 1361 (no, K3 N which waid "... neither a statnte por bilitp history ean wife precisely which library protocoping practures ***.tute the making of wingie ample as distinguished from *****temalle poporoms rew Jo*" Tie roporto ppworthmendntion that meeting at op:

wing partire de lo fin rete the entire reminds tis that these merthiga have already been het hans titre, without wYOU

1* by one a "*\?emnatle" is a term on wh!ch pronahle men run targety a oualeretanding Aside from the fart that p*}e man'w pa san is anothies , 'ratie, gener, there is the fact that erwarmies is at the moment of the matter Holdere tout richt unter andably want more money, and librare ar faced with **.In enirik !he public. The pronomie dar nie to bylders of anaht

arst muiat is, in regard to the invent and store the slew if the 1 * comart ! ! Clans that, in regard to textual journals at least, the argument on an unirtel hypothesje** fiery raanistan, and hopefully, every larr trennternte in a "intern

to ubotoef, le arrording to standard operating prinses or uniform prin - frus enih tank, and nitst operate this ont of meer common sense and

ity when your oppone and a photina** martine) gulvet 18 to anotem** ; *f the population of air dipure po ! ! *** **** a part of * "* stren". In this art, all lihtnes pakave so quing in *** Beste ard 11. sth lart to the rrat i tre of paragrah **, Ime of a profew, and empien of gr711****, not file dre!

.fterie and the putside Interest me and save to strike fronth for :!N:-*
nararaph 11?) of methan 10* ott kerindte irtinta? JK! 4;.
latest'a11.. frit se Vakup as led to fruit13.ff.
to te ugott of the wip digo interest and t'ir Bally r* of Arad I,

(1.-*l''*1 and
! ita *.*1 is in the line of the anal! Iklar 107 and

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to the Fine Arts Council of Florida, to the Siouxland Arts Council of Sioux (ity. Iowa. Through Advocates for the Arts, ACA is concerned with all of the prison lems that affect artists, art institutions, and the general public's enjoyment of artistic and cultural works.

ACA acts as a service agency for its members, providing information and 15 sistance to arts councils and arts organizations throughout the United States Alla member organizations reflect all artistic disciplines and ACA speaks for the management and financial sides of the art world, as well as the creative 3: innovative artists themselves. Finally, ACA's Advocates program speaks for the arts consumers those who enjoy art, buy art, view art, and attend the perforth ing arts--in short all who are concerned and affected by the cultural enviretinopat of this country.

Adrocates for the Arts, through factual and legal research, identifies areas in which action might have a material impact on the rights of arts institutions and individual artists, and areas in which public action might contribute ta tbe enhancement of the cultural life of the community, Advocates intends to act with respect to these areas through public education, drafting of model legislation and litigation. Advocates seeks to accomplish the sharpening of pub lic consciousness of the way in which law affects our cultural life and drter mines the aesthetic character of our surroundings,

Advocates have identified several areas of immediate concern. One of the areas relates to the economic rights of the creative artists. My statement to fue today urks this Committee to take full cognizance of the significant advetve impact on the arts which would result from copyright legislation which tau. to place reasonable restrictions on the permissible scope of photocopying cogisu right material.

The recent conclusion of the United States Supreme Court case of Williams and Wilkins Company vs. The United States where the Supreme Court by a four to four deadlock let stand a lower court decision permitting rather wife spread photocopying of copyright works, makes more immediate the need for reasonable controls. Unfortunately, judging from the commentaries followiak the United States Supreme Court decision, institutions feel they have an ex. panding license to make widespread photocopy use of copyright works. While we do not believe such license was necessarily created by ibe reeent court decistoa. it being limited to the specific facts presented, the climate is such that action by this Committee is urgent and necessary,

We are concerned about the formulation of legislation which would formalise the concept of "fair use" so as to encourage wholesale library reproduction aird distribution of copyrighted works.

Those who create artistic works are necessarily threatened. Without copyright protection against unauthorized distribution of photocopies of their created works, creative artists can have no a'murance of being paid for their eftik

The language of HR 2223 (and S. 22 in the Senate) governing the "fair us of copyrighted material, if adopted, would be a major sirp toward the erubuskie protection for originators and creators of work from excessive reproduction. We beartily endorse the prorisions of Section 10k and urge its adoption by the Sh Congress, Auy attempt to erude or undermine the limitations on "kyxtediatie te production" of copyrighted works, will, in our opinion, greatly reduce the effe Useness of the entire bill. We join the Authors League, and other interested parties, In urking the committee to resist any efforts to delete Section 10018! from HR13

Infortunatriy, the potential for barn to the creative artist from an operis Meral photocopovine provision is very real. I nder the inw as developed by the Williams and Wilkins rame, it apywars that complete articles may be pubote spred from a magazine and distributed to a widespread basis without any ryalty pas ment to the copyright onuer. However, without sixcise limitations, we are fear ful that institutions will conclude if an article from a scientine journal an be rejissored and diuributed. why cannot a short story of a poem from a literary magazine #so be tepper and distributed? Why not a munien (0.214 from a work of 1.tral worem? Indeel, why nve a photographic magazine if

mengine antholoxy of art reproductions or lithographis? Why should the codes bor limited to mazarines? Who'should it not be pwrmitted to reproduce the same I***, aurt story, mural avmţ»!tion, photograph, drawing, or lithograph frestu

pasurbark te work or a harder lewih! Further, in the mind of the pbotaregolet, It migut sa lo * of nu eignite ane tunt the literary or arustic work is extractoad

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fram a collection of works by a single poet, short story writer, composer, photog. ra; ! or, painter, or Ilthographer, or from an anthology of works by many artists. In eller case, an entire creative work would seem to be just as subject as an entire articie from a scientitic journal to photocopying and mailing to members of tie grueral public. Instead of coming to the library personally to borrow and had the work, the library will give to the "borrower" a permanent personal copy.

Huweier, the composer, poet and short story writer are directly economically de rodent on royalty income, based on the sale of their works to those who desire permanent personal coples. The photographer, the painter, and the lithographer Jealoualy merve reproduction rights to their works and expect to be paid when uy authonse reproduction by or for those who desire permabedi personal

ir institutions will provide coples of specife works by creative artists upon Thurst, why should anybody buy the entire magazine or paperback or hardeurer be containing that specific work? Necessarily, publishers will will fewer maga. Nies and books, artists will receive less royalty income, and their works will be # day reptuued and distributed without authorization from them or compen. nati-to them.

Aman for emphasis, we are not saying that the Williams and Wilkins case erreled such a broad license However, that decision was the Inst authoritative wird so the subject of photocopying and has, we are fearful, created an aimat Dlate of photocopyink promiscuousness

in summary, we believe that an overly broad photocopying provision in the exes rigit law would be inconsistent with the philosophy of the Constitutional Drita autboring Coaxrens to serure for authors copyright proir don in afbet to "prutpote the progress of science and useful arts." We therefore recomburned that adequate controls be placed on widemprend photocopsing of copyrighted pke so that we retain the incentive for the creative artists to produce the art that is so berenary to the cultural environment of our country.



Earl and to a letter I remelved from the Mosby Publishing Company concerning IR ?) and 8 m2, in partieular sctions 107 and 10% "Fair and be 01.4 Labrary Photocopsing." As an author, professor, analytical chemist and user of disfurated espright materials, I was very muh alarmed at the effort and try tl at is being went to get an unworkable copyright In w pa! Duplemen 16. ! 1! will only in the more attuerous and available in the future and trsing ta priest dying of material will serve more to create di testet for law than

i to foutre pple to buy banks from publishers. If the paththers mano **** -are tw* cheaper than they can be duplicated on le machines, laws porn Arta shond improve their efficiency, not forie pople to buy their bows big

ruing to get a brw copyright law prawed It mejeru times, not to be able to duplicate a paragraph or a figure for c!s** sme link x 11.6 through a borelesniy completed releam or rrunera &)** pta would stitie eguention and rewarb in this country

In one. I very strongly urge you to amend or discard sertions 107 and 10 e !!! Pald 82

Tour("' V MAT (n.

mt Louis, Mo, August 1995,
Bogartment o('hemistry.
N lang niate (sodde ve, Hosemon, Mon.

tmas the Weweary: Authors and liters are creative people: the manner in Wyou use twiller and information to it.form others is truly arratise But one It is our that thrup erratite talents de serve to the prester Tlci sono miglit law of 1:00 pusonide this protesto andar Bar, mot erstaff di u'}* wlor grubuindre bare ertaily fax weh und finder

of Bruin The advent of ring machine has made it puute to profumetne virvel' ****** la guppy! Heuer of th... At resialn t.tif edirettoit...! 19.etat les of 15, the nited Matra Hester of logopeda'vis all Wela's 1-1.ary (

ultres are rurrently studying i ny right kerim Bus 111 .. * 2 Actu en llare ideal al Willa will be takra abortly.

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of particular concern to ns, and hopefully to you, are Sections 107 and "Fair I've," and “School and Library Photocopying."

It is our opinion that these sections of the proposed new law, as written, fps tect your creative efforts and our investment. These sections will prout fillut !** activities of those who feel that anything in print may be copied and distritos! as the copier seex fit-without the permission of, or compensation to, autbors! publisher alike. We are strongly convinced that your creativity and our irre ment must be protected. The new law will provide this protection and yet al:-* wide information dissemination.

Weil organized efforts are presently attempting to amend Sections 107 and 18 Such amendments will not provide safeguards against photocopiring eropa outlined above. I am writing to ask your assistance in protecting what I believe to be the correct position, one which truly serves everyone's best interp*t.

Attached is a list of House and Senate Judiciary Committee members. In ashing you to contact these Committee members as well as your own (onger per-ons. Your unessage need not be lengthy, but should emphasize the tun points:

1. Juh time and effort are expended in producing manuscripts for pollina. tion. Sections 107 and 108 represent the result of delicate compromis* WIR out by a number of groups, and if they are not tampered with, they will map tha "fair use" needs of educators and librarians. If broadened to allow uncuatro and unrestricted use of copyrighted materials, they will discourage authors writers, and editors.

2. It is essential that we encourage, sustain, and reward the compethire lo tapo play of ideas, If broader exemptions were to be added to Sections 107 and 1*** creation initiative would be stitled. The ultimate sufferer would be the intellen tual and imaginative life of the community.

In short, we believe Sections 107 and 108 of H R. 2013 and S. 22 should be adopted without change!

I would appreciate receiving a copy of your letter. If you wish additional is. formation, I will be happy to supply it by return mail. With thanks and bumsi wishes, I remain Cordially,

JAMES B. Fixx, Ph. D..

Henior Vice Prendent,

Research and Development. We will now stand adjourned.

(Whereupon, at 12:10 p.m., the subcommittee adjourneal, to reconvene at 10a.m., Thursday, May 15, 1975.]


THURSDAY, MAY 15, 1975




Washington, D.C. The Sulmonlamittee met, pursuant to call, at 10:10 a.m. in room 26, Bubur House Office Building, Hon. Robert W. Kantenmeier (chair1: 1 of the brommitter pruiding

Pent: Representatives Kanlanmeier, Danielson, Drinan, Patti. Rack, and Wigginy.

1) pant: llebeit Fuchs and Bruce A. Lehman, counsels; and T 19194 E. Mooney, associate counsel.

Mr. KANTIS VYN. The committee will come to order for the purfont of continuing the hearing on II.R.), on copyright law

Tie(air wines to erpress gratitude to the gentleman from (ali. frov, a, Mr. Danielson, who predel jenter lay, while Mr. Wiggins and I were at the Rules Committee in connection with getting a bail out of tenmittee.

1', the Chair would like to say that it continues to be amazed at tiit pitive interest in this question, as demonstrated by the number d!"fuding the hearing. I am sorry that everybody cannot be frated.

1a. morning, we are interrated in the question of educational 11-20, roler than prabie broadcasting. In this connection, we hasa disideri ! ..orm.g's time, mor or irsk, beseen adroates of educational

let us call them educators for the simple pain and the Ofiarla!f, by author and public of materials and boy ducator

I wahai ou print that the loum In in memeson; tegretfully, we may Interrupted for a brief period of time - 10 or 15 minutes - MAY har to pee for the purpose of making calls to the House for votes moderw. We apologize, but this is an unusual 1111. tanır, a:.. #!rint that all prenent will bear with us.

1: norning I would like to lint greet as witness the following: Mrsebebin second h, staff couinel, Aret: an (oll on Hus 1.... 111. Allor contar con copil. L* Prison: 1. T- J. Rand professor of law. I'munity of Mina, and lip lioward B. Il tehiens, pirrutise durr for, "1481on for Haluka. final communications and Tho!: Florin, rutin uttarr, Vatnal Council of Tears of Fu!!!: Mr. Harry X. Home Iloid, conn.dll ('ommittee on (optional Law Resin.

boy trsited, a* Irrallerstensely in hearing 11 prarago; an Mr. Prand Fruity (ontw'il HK 11.xl, New Town, P'a.

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