Gehrke, Robert, executive director, Training Media Association: Roster of Coalition for Copyright Entrepreneurs.. Page 118 127 Green, Allen J., president, Films, Inc./Entertainment: Letter to Hon. Robert 278 statement. 216 Kuyper, Peter W., chairman, Motion Picture Licensing Corp.: Prepared statement.. Oman, Ralph, Register of Copyrights, Library of Congress: Prepared Rodgers, Michael F., senior vice president for policy and government affairs, 247 75 263 11 Training Media Association: Prepared statement with attachment.. 131 256 APPENDIXES Appendix 1.-Attorneys' fees.... 281 Letter from Jack L. Copeland, president, Copeland Communications, Inc., 281 284 Appendix 2.-Nursing home/motion picture company issue 287 Hon. Benjamin L. Cardin, a Representative in Congress from the Correspondence between the Motion Picture Licensing Corp. and Correspondence from seven motion picture companies to Con- 287 306 Correspondence from Congressman Cardin to the motion picture 312 Correspondence between Congressman Cardin and the motion 315 Attempted solutions brokered by Congressman Cardin's office: 326 Ralph Oman: Letter to Hon. Robert W. Kastenmeier (November 21, 330 Timothy A. Boggs: Letter to Hon. Robert W. Kastenmeier (March 9, 338 Michael F. Rodgers: Letter to Hon. Robert W. Kastenmeier (March 339 The "Kastenmeier" agreement: Correspondence from Chairman Kastenmeier to the motion picture 340 Correspondence from motion picture companies to Chairman 344 Correspondence from the American Health Care Association and the Correspondence from Films, Inc., the Motion Picture Licensing Corp., Letter from Tonia Squires, activity director, Golden Years Retire- Letter from Sally Jane Krantz, activity director, Amherst Nursing & 359 362 365 369 Letter from James E. Ertz, administrator, Health Care Center, La- Memo from Phyllis Wofford, president, Meadowood Residents Asso- Letter from Ann E. VanPelt, vice president & chief operating officer, Letter from Alice Eikenberry, resident, Villa Pueblo Towers, Pueblo, Letter from Rose Ann Glasheen, activity director, Diane E. Kellogg, Letter from Diane Kamin, assistant activity director, Villa Manor Letter from Carol Chenault, director of therapeutic recreation, and Letter from Dixon Graff, manager, The Meadows, St. George, UT, to Letter from Karen F. Hibbs, program director, Winslow Court, Colo- Lawton, Moss, and Grimes, "The Changing Service Needs of Older Editorial, "Cinema Solution," Wash. Post, August 11, 1990, p. A20....... Page 373 374 375 376 378 380 381 382 383 384 385 386 387 388 389 397 411 412 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, 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. 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:] I 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 (1) by inserting "(a) IN GENERAL.-" before 5 6 "In"; and 7 8 (2) by adding at the end thereof the following: "(b) ATTORNEY'S FEES IN CERTAIN INFRINGEMENT 9 ACTIONS. (1) Subject to the provisions of section 412 of |