Date:    Fri, 10 Mar 1995 14:11:25 -0500
From:    Les Pourciau at UMem <POURCIAU@MSUVX1.MEMPHIS.EDU>
To:      Multiple recipients of list AACRL
Subject: Forwarded letter on New Copyright legislation
........................................................................


The Senate bill was introduced on Thursday, March 2 as S. 483 by Orrin
Hatch, chairman of the Senate Judiciary Committee. It looks like a slam
dunk, unless the online community raises a roar.

Bills have been introduced in Congress to extend all copyright
terms for an additional 20 years. This is being promoted by the
large multimedia conglomerates, especially the music
publishers.

If these bills become law, absolutely no additional creative
material would be added to the public domain for twenty years.
The next two decades promise great challenge and enormous
change for our country, yet term extension would freeze the
creative status quo for almost a generation. Newton Minow's
"vast wasteland" of thirty years ago will seem like an oasis
compared to the cultural drought that would result from
copyright extension.

To even propose such a radical idea should require a compelling
argument. U.S. copyright terms already meet the standards of
the international Berne Convention. Yet, the proponents of
change can provide only anecdotal evidence of benefit to
authors. And they can provide absolutely no evidence that this
would benefit the public.

Just last week, Vice-President Al Gore said "we can't have the
creation of an Information Rich and Information Poor." Is it a
coincidence that just as the Internet and CD-ROM allow wide
distribution of public domain works at virtually no cost, that
large media companies want to dry up the source?

_Term Extension_

The bill has been introduced in the House by Rep. Carlos
Moorhead, whose California district includes media giants
Warner Bros. and Disney. The Copyright Term Extension Act
of 1995, H.R. 989, already has nine co-sponsors. A similar
bill, S. 483, was introduced in the Senate on March 2 by
Judiciary Committee Chairman Orrin Hatch.

These bills would extend all copyright terms for an additional
20 years. Proponents argue that this would bring the U.S.
copyright protection "in sync" with terms in the European
Union, and benefit the American balance of trade. However, if
this proposal becomes law, novels and songs published prior to
1978 would have 95 years of protection in the United States,
and a term of "life of the author plus 70 years" in Europe.
American films would receive 95 years of protection in the
U.S., versus 70 in Europe. It is obvious that the intent is not
to synchronize American copyright terms with the EU, but merely
to postpone public domain by twenty years.

If this proposal passes, it will not be the last change. In
1976, the copyright term was extended by 19 years. Now, in
1995, it might be extended by another 20 years. It may not even
take another 20 years for a proposal to extend the period
again. The Motion Picture Association of America has indicated
it would favor an extension of 50 years, for a total term of
125 years. The Songwriters Guild of America is already on
record supporting giving "perpetual life to copyrights."

_You Can't Have Copyright Without Public Domain_

Before talking of extending copyright, it is important to
examine the purpose of copyright. The United States
Constitution grants Congress the power "to promote the progress
of science and useful arts by securing for _limited times_ to
authors and inventors the exclusive rights to their respective
writings and discoveries" (emphasis added).

The public policy of this country has always been to provide
limited protection for a finite term to give creators
incentives to create additional works. At the end of the
limited term of protection, creative works fall into the public
domain for the widest possible dissemination.

Public domain is an integral part of the creative process and
the courts have been consistent in recognizing this. In
_Stewart v. Abend_, a landmark 1989 copyright case, the Supreme
Court noted that copyright serves a higher purpose than just
providing income to authors and creators:

   Although dissemination of creative works is a goal
   of the Copyright Act, the Copyright Act creates a
   balance between the artist's right to control the
   work during the term of copyright protection and
   the public's need for access to creative works.
   The copyright term is limited so that the public
   will not be permanently deprived of the fruits of
   an artist's labors. (495 U.S. 207, 228 (1990))

_Summary_

The proposed 20 year extension of copyright will continue the
near complete inaccessibility of a large portion of our common
heritage. This proposal should not be passed by Congress. The
reasons include:

 * This is contrary to the purpose of copyright outlined in the
United States Constitution.

 * It primarily benefits a handful of large companies, with no
public benefit.

 * U.S. copyright extension is not compatible with either the
Berne Convention or the European Union for works published
prior to 1978.

 * Works that would be about to fall into the public domain are
of a great educational and historical importance.

 * Public domain material is used to create new works, such as
reference books, CD-ROMs, on-line material, and documentary and
educational films.

 * Congress should encourage the development of new
technologies, with laws that increase the availability of
creative works to the public.

_How You Can Help_

Please contact Congress opposing the proposal to extend U.S.
copyright terms again. A letter or postcard will have the most
impact. A letter is better than a fax, a fax is better than a
phone call, and a phone call is better than an e-mail.

You should send your letter or fax to the Chairman of each
Judiciary committee in Congress. Their addresses are:

Senator Orrin Hatch, Chairman
Committee on the Judiciary
Dirksen Senate Office Building, Room 224
Washington, DC  20510-6275
telephone - 202-224-5225
fax - 202-224-9102

Henry Hyde, Chairman
Committee on the Judiciary
Rayburn House Office Building, Room 2138
Washington, DC  20515-6216
telephone - 202-225-3951
fax - 202-225-7682

Send copies to each of your Senators and your Representative at:

Senator (name)
United States Congress
Washington, DC  20510

Representative (name)
United States Congress
Washington, DC  20515

Send a copy to Newt Gingrich at:

Representative Newt Gingrich
Rayburn House Office Building, Room 2428
Washington, DC  20515
georgia6@hr.house.gov

Send copies to the President and Vice President at:

Bill Clinton
President of the United States
1600 Pennsylvania Avenue
Washington, DC
president@whitehouse.gov

Al Gore
Vice-President of the United States
1600 Pennsylvania Avenue
Washington, DC
vice.president@whitehouse.gov

Thanks for your help with this important issue. (3/5/95)

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|  David Pierce                                       |
|  P.O. Box 2748           mileston@access.digex.net  |
|  Laurel, MD 20709        fax: 301-490-2364          |
|  USA                                                |
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