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CONTENTS

Testimony of —

Page

L. Quincy Mumford, Librarian of Congress.

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Abraham L. Kaminstein, Register of Copyrights, accompanied by

Barbara Ringer, Assistant Register.

63

James E. Toomey, chairman of the American Bar Association Section

on Patents, Trademarks, and Copyright Law, accompanied by

Sidney A. Diamond, chairman, Copyright Division of the Patent,

Trademark, and Copyright Section-

74

Harold E. Wigren and Harry N. Rosenfield, Ad Hoc Committee (of

educational institutions and organizations) on Copyright Law

Revision, accompanied by Dr. Charles Gosnell, chairman, Com-

mittee of Copyright Issues, American Library Association; Eugene

Ņ. Aleinikoff, Joint National Educational Television-Educational

Stations Music and Copyright Committee; Dean Fred Siebert,

School of Communications, Michigan University; Dr. T. M. ,

Stinnett, assistant executive secretary for professional development

and welfare, National Education Association.

81, 118, 147, 169

Eugene N._Aleinikoff, Joint National Educational Television, Edu-

cational Television Stations Music and Copyright Committee--- 150

John Schulman, chairman for revision of copyright law, American Bar

Association.

94

Mark Carroll, chairman, Copyright Committee, Association of

American University Presses, Inc.

175

Leonard Feist, chairman, Legislative Committee, Music Publishers

Association of the United States.--

181

Statements submitted for inclusion in record-

Dr. Charles F. Gosnell, chairman, Committee on Copyright Issues of
the American Library Association.--

136
Dr. T. M. Stinnett, National Education Association.

138
Dean Fred S. Siebert, American Council on Education.

143

John A. Bresnahan, Printing Industries of America, Inc.-

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Rev. Joseph J. Gildea..

Council of Chief State School Officers..

National Council on the Arts..

A. M. Watkins.

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COPYRIGHT LAW REVISION

WEDNESDAY, AUGUST 18, 1965

U.S. SENATE,
SUBCOMMITTEE ON PATENTS, TRADEMARKS, AND COPYRIGHTS,
OF THE COMMITTEE ON THE JUDICIARY,

Washington, D.C. The subcommittee met, pursuant to notice, at 10:05 a.m., in room 3302, New Senate Office Building, Senator John L. McClellan presiding

Present: Senators McClellan and Fong.

Also present: Thomas C. Brennan, chief counsel, Edd N. Williams, Jr., assistant counsel; and Stephen C. Haaser, chief clerk, Subcommittee on Patents, Trademarks, and Copyrights; and Mr. Horace A. Flurry, representing Senator Hart.

Senator McCLELLAN. The committee will come to order.

The subcommittee this morning opens the public hearing on S. 1006, to provide for a general revision of the copyright law. This bill was introduced by me on February 4 at the request of the Library of Congress.

The enactment of copyright legislation is one of the powers specifically conferred upon the Congress by the Constitution. It is, therefore, appropriate that 10 years of preparatory work, including the publication by this subcommittee of 34 copyright law studies, has been devoted to the preparation of this important bill. The labors of the Copyright Office, and of the many individuals in private life who have participated in the consultations on this bill, will be of considerable assistance to the subcommittee in its examination of this complex subject.

Our existing copyright law is substantially unchanged from that adopted in 1909 and is clearly inadequate to cope with the developments in communications and technology.

I personally have no preconceived opinion about any provision of this bill. My sole objective in introducing it was to devise a modern copyright statute that would encourage creativity and protect the interest which the public has in the subject matter of this legislation.

I certainly invite the comments and suggestions of all who are interested in this problem. Those who are competent to give us counsel and those who are interested, I hope they will respond, and if they have anything they can contribute, we shall be glad to receive it.

Mr. BRENNAN. Mr. Chairman.

May I first offer for inclusion at this point in the record the notice of this hearing, which appeared in the Congressional Record.

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Senator McCLELLAN. The notice will be printed in the record at this point.

(The notice referred to follows:)

[Congressional Record, August 5, 1965)

NOTICE OF PUBLIC HEARING ON COPYRIGHT REVISION BILL

Mr. MCCLELLAN. Mr. President, as chairman of the standing Subcommittee on Patents, Trademarks, and Copyrights of the Committee on the Judiciary, I wish to announce that the subcommittee has rescheduled the public hearing on S. 1006, for the general revision of the copyright law, that had been planned for August 4 and 5. The hearing will be held on Wednesday, August 18, and Thursday, August 19, commencing at 10 a.m. in room 3302, New Senate Office Building.

The subcommittee consists of the Senator from Michigan [Mr. HART), the Senator from North Dakota (Mr. BURDICK), the Senator from Pennsylvania (Mr. SCOTT), the Senator from Hawaii [Mr. FONG], and myself.

Mr. BRENNAN. May that be followed by the text of the bill, S. 1006 ? Senator McCLELLAN. The bill will be printed in the record. (S. 1006 follows:)

89TH CONGRESS
1st SESSION


S. 1006

IN THE SENATE OF THE UNITED STATES

FEBRUARY 4, 1965
Mr. MCCLELLAN (by request) introduced the following bill; which was read twice

and referred to the Committee on the Judiciary

A BILL

For the general revision of the Copyright Law, title 17 of the United States Code,

and for other purposes.

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Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That title 17 of the
United States Code, entitled “Copyrights,” is hereby amended in its
entirety to read as follows:

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CHAPTER 1_SUBJECT MATTER AND SCOPE OF

COPYRIGHT
Sec.
101. Definitions.
102. Subject matter of copyright: in general.
103. Subject matter of copyright: compilations and derivative works.
104. Subject matter of copyright: national origin.
105. Subject matter of copyright: United States Government works.
106. Exclusive rights in copyrighted works.
107. Limitations on exclusive rights : fair use.
108. Limitations on exclusive rights : effect of transfer of particular copy or

phonorecord.
109. Limitations on exclusive rights: exemption of certain performances and

exhibitions.
110. Limitations on exclusive rights : ephemeral recordings.
111. Scope of exclusive rights in pictorial, graphic, and sculptural works.
112. Scope of exclusive rights in sound recordings.
113. Scope of exclusive rights in nondramatic musical works : compulsory license

for making and distributing phonorecords.
114. Scope of exclusive rights in nondramatic musical works : performance by
means of coin-operated machine.

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