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1976/06/21 S3187 Extend Appropriation Authorization for National Commission on New Technological Uses of Copyrighted Works
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The original documents are located in Box 47, folder "6/21/76 S3187 Extend
Appropriation Authorization for National Commission on New Technological Uses of
Copyrighted Works" of the White House Records Office: Legislation Case Files at the
Gerald R. Ford Presidential Library.
Copyright Notice
The copyright law of the United States (Title 17, United States Code) governs the making of
photocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United
States of America his copyrights in all of his unpublished writings in National Archives collections.
Works prepared by U.S. Government employees as part of their official duties are in the public
domain. The copyrights to materials written by other individuals or organizations are presumed to
remain with them. If you think any of the information displayed in the PDF is subject to a valid
copyright claim, please contact the Gerald R. Ford Presidential Library.
Exact duplicates within this folder were not digitized.
15/6/21/76
APPROVED JUN 21
THE WHITE HOUSE
ACTION
WASHINGTON
June 18,1976
Last Day: June 23
MEMORANDUM FOR
THE PRESIDENT
Posted
FROM:
JIM CANNOM
6/22/76
SUBJECT:
S. 3187
Extend Apropriation
Authorization for National Commission
archives
on New Technological Uses of
Copyrighted Works
6/22/76
Attached for your consideration is S. 3187, sponsored by
Senator McClellan, which would extend the appropriation
authorization for the National Commission on New
Technological Uses of Copyrighted Works to the termination
date of the Commission.
Additional information is provided in OMB's enrolled bill
report at Tab A.
OMB, Max Friedersdorf, Counsel's Office (Lazarus) and I
recommend approval of the enrolled bill.
RECOMMENDATION
That you sign S. 3187 at Tab B.
GERALD R. FORD
Digitized from Box 47 of the White House Records Office Legislation Case Files at the Gerald R. Ford Presidential Library
PRESIDENT
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE
UNITED
OFFICE OF MANAGEMENT AND BUDGET
STATES
WASHINGTON, D.C. 20503
JUN 17 1976
MEMORANDUM FOR THE PRESIDENT
Subject: Enrolled Bill S. 3187 - Extend appropriation
authorization for National Commission on New
Technological Uses of Copyrighted Works
Sponsor - Sen. McClellan (D) Arkansas
Last Day for Action
June 23, 1976 - Wednesday
Purpose
To extend the appropriation authorization for the National
Commission on New Technological Uses of Copyrighted Works to
the termination date of the Commission.
Agency Recommendations
Office of Management and Budget
Approval
Library of Congress
Approval
Discussion
Public Law 93-573, enacted December 31, 1974, established a
National Commission on New Technological Uses of Copyrighted
Works to study and make recommendations to the President and
the Congress concerning the use of copyrighted works. The
Commission is required to submit a final report within three
years of the enactment of P.L. 93-573, i.e., by December 31,
1977 and it must terminate not later than 60 days thereafter,
i.e., no later than March 1, 1978.
2
Appropriations are now authorized for the Commission through
September 30, 1976. The enrolled bill would extend the
authorization to the termination date of the Commission.
James Assistant m. Director Trey
for Legislative Reference
Enclosures
EXECUTIVE OFFICE OF THE PRESIDENT
6-17-96
OFFICE OF MANAGEMENT AND BUDGET
13:30pm
SEALS
WASHINGTON, D.C. 20503
JUN 17 1976
MEMORANDUM FOR THE PRESIDENT
Subject: Enrolled Bill S. 3187 - Extend appropriation
authorization for National Commission on New
Technological Uses of Copyrighted Works
Sponsor - Sen. McClellan (D) Arkansas
Last Day for Action
June 23, 1976 - Wednesday
Purpose
To extend the appropriation authorization for the National
Commission on New Technological Uses of Copyrighted Works to
the termination date of the Commission.
Agency Recommendations
Office of Management and Budget
Approval
Library of Congress
Approval
Discussion
Public Law 93-573, enacted December 31, 1974, established a
National Commission on New Technological Uses of Copyrighted
Works to study and make recommendations to the President and
the Congress concerning the use of copyrighted works. The
Commission is required to submit a final report within three
years of the enactment of P.L. 93-573, i.e., by December 31,
1977 and it must terminate not later than 60 days thereafter,
i.e., no later than March 1, 1978.
Attached document was not scanned because it is duplicated elsewhere in the document
THE WHITE HOUSE
ACTION MEMORANDUM
WASHINGTON
LOG NO.:
Date: June 17
Time: 400pm
Bau
FOR ACTION:
Sarah Massenga
CC (for information):
Jack Marsh
Max Friedersdorf
Jim Cavanaugh
Ken Kazarus
Ed Schmults
FROM THE STAFF SECRETARY
DUE: Date: June 18
Time:
200pm
SUBJECT:
S. 3187 - Extend appropriation authorization
for National Commission on New Technolggical
Uses of Copyrighted Works
ACTION REQUESTED:
For Necessary Action
For Your Recommendations
Prepare Agenda and Brief
Draft Reply
X For Your Comments
Draft Remarks
REMARKS:
Please return to Judy Johnston, Ground Floor West Wing
PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.
If you have any questions or if you anticipate a
delay in submitting the required material, please
K. R. COLE, JR.
telephone the Staff Secretary immediately.
For the President
THE LIBRARY OF CONGRESS
WASHINGTON, D.C. 20540
LEGISLATIVE LIAISON OFFICE
June 11, 1976
Dear Mr. Frey:
This is in response to your request for the Library of
Congress' views with respect to enrolled bill, S. 3187, an Act to
extend the authorization of appropriations for the National Commission
on New Technological Uses of Copyrighted Works.
The National Commission on New Technological Uses of
Copyrighted Works was established by Public Law 93-573. It is
required to submit a final report by December 31, 1977. The Act
also provides for a 60-day time period after the submission of the
final report for the winding up of the Commission's business. The
present appropriation authorization will expire on September 30, 1976,
at the end of the transition quarter. This bill authorizes funding
for the Commission for the remainder of its statutory life. The
original limitation on appropriation authority was to provide
legislative oversight of the Commission's activities. The Executive
Director of the Commission testified before the Subcommittee on
Courts, Civil Liberties, and the Administration of Justice, House
Judiciary Committee, on February 23, 1976, in fulfillment of these
oversight responsibilities.
The Library of Congress recommends that S. 3187 be signed
by the President.
Sincerely yours,
Alloreen MMCormic
Adoreen M. McCormick
Legislative Liaison Officer
Mr. James M. Frey
Assistant Director for
Legislative Reference
Executive Office of the President
Office of Management and Budget
Washington, D. C. 20503
THE WHITE HOUSE
WASHINGTON
June 18, 1976
MEMORANDUM FOR:
JIM CAVANAUGH
FROM:
MAX L. FRIEDERSDORF m.b.
SUBJECT:
S. 3187 - Extend appropriation author ization
for National Commission on New Technological
Uses of Copyrighted Works
The Office of Legislative Affairs concurs with the agencies
that the subject bill be signed.
Attachments
THE WHITE HOUSE
ACTION MEMORANDUM
WASHINGTON
LOG NO.:
Date:
June 17
Time: 400pm
FOR ACTION:
Sarah Massengale
CC (for information):
Jack Marsh
Max Friedersdorf
Jim Cavanaugh
Ken Lazarus
Ed Schmults
FROM THE STAFF SECRETARY
DUE: Date: June 18
Time:
200pm
SUBJECT:
S. 3187 - Extend appropriation authorization
for National Commission on New Technological
Uses of Copyrighted Works
ACTION REQUESTED:
For Necessary Action
For Your Recommendations
Prepare Agenda and Brief
Draft Reply
X
For Your Comments
Draft Remarks
REMARKS:
Please return to Judy Johnston, Ground Floor West Wing
No objection -- Ken Lazarus 6/18/76
PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.
If you have any questions or if you anticipate a
delay in submitting the required material, please
James M. Cannon
telephone the Staff Secretary immediately.
For the President
94TH CONGRESS
HOUSE OF REPRESENTATIVES
REPORT
2d Session
No. 94-1137
AUTHORIZATION FOR CONTU APPROPRIATIONS
MAY 14, 1976.-Committed to the Committee of the Whole House on the State
of the Union and ordered to be printed
Mr. KASTENMEIER, from the Committee on the Judiciary,
submitted the following
REPORT
[including cost estimate and comparison of the Congressional Budget Office]
[To accompany H.R. 11877]
The Committee on the Judiciary, to whom was referred the bill
(H.R. 11877) to extend the authorization of appropriations for the
National Commission on New Technological Uses of Copyrighted
Works to be coextensive with the life of such Commission, having
considered the same, report favorably thereon without amendment and
recommend that the bill do pass.
PURPOSE OF THE BILL
The purpose of H.R. 11877 is to extend the authorization for appro-
priations for the National Commission on New Technological Uses of
Copyrighted Works (hereinafter called "CONTU") through the life
of that Commission. The present act, Public Law 93-573, amended
title 17 of the U.S. Code and created CONTU, requiring it to conduct
studies and to submit a final report within three years of enactment,
that is by Dec. 31, 1977. The act also allows a 60-day wind-down period.
However, the present authorization for appropriations for CONTU
will expire after September 30, 1976. H.R. 11877 will remedy that
situation by making the authorization of appropriations coextensive
with the life of CONTU.
H.R. 11877 would amend Sec. 205, Title II of Public Law 93-573
(17 U.S. Code 201 note) by extending the authorization for appro-
priations to "and including the day on which the Commission termi-
nates." That date would be no later than March 1, 1978, sixty days
after the final report of CONTU is due.
2
3
BACKGROUND
CONTU is required to submit to the President and Congress a
Title II of Public Law 93-573 created a National Commission on
preliminary report on its activities within one year after its first meet-
New Technological Uses of Copyrighted Works whose purpose was
ing. The president appointed the 12 members of the Commission on
to study and compile data on;
July 25, 1975, and the initial meeting was held on October 8, 1975.
(1) the reproduction and use of copyrighted works of authorship-
The final report must be filed within three years of enactment, that is
(A) in conjuction with automatic systems capable of storing,
by Dec. 31, 1977.
processing, retrieving, and transferring information, and
The legislative history of Sec. 205 of Public Law 93-573, indicates
(B) by various forms of machine reproduction, not including
that, although the Senate initially passed the legislation (S. 3976) al-
reproduction by or at the request of instructors for use in face-
lowing authorization for appropriations as necessary to carry out the
to-face teaching activities; and
provisions of Title II, the House version passed on Dec. 19, 1974, lim-
(2) the creation of new works by the application or intervention
ited that authorization for appropriations to "such sums as may be
of such automatic systems or machine reproduction.
necessary to carry out the provisions of this title until June 30, 1976."
CONTU is required to make recommendations to the President and
The Senate concurred in the amendment on the same date. The purpose
Congress as to changes in copyright law or procedures which would
of this restriction was to insure legislative oversight for appropriate
assure access to copyrighted works, while providing recognition for
funds subsequent to June 30, 1976. Oversight by this Committee was
the rights of copyright owners. The Commission is composed of
exercised on Feb. 23, 1976, when the Subcommittee on Courts, Civil
thirteen voting members, including the Librarian of Congress. The
Liberties, and the Administration of Justice held a hearing on the
President is authorized to select four members from each of three
activities of CONTU and the need for the extended authorization. On
sets of groups. The present members include the following:
May 4, 1976, the Committee by voice vote reported the bill favorably,
I. Authors and copyright owners:
unanimously, and without amendment, with nineteen members present.
John Hersey, New Haven, Conn., president, Authors
League of America;
STATEMENT
Dan Lacy, Irvington, New York, vice president, McGraw-
Hill, Inc.
H.R. 11877 would extend the authorization for appropriations for
E. Gabriel Perle, New York, N.Y., vice president-Law,
CONTU "until and including the day on which the Commission termi-
Time, Inc.
nates." The legislation does not extend the life of CONTU, since its
Hershel B. Sarbin, New York, president, Ziff-Davis Pub-
final report is due by Dec. 31, 1977, and the Commission will expire by
lishing Co.
March 1, 1978.
II. Users of copyrighted works:
At the hearing on Feb. 23, 1976, the executive director of CONTU
William S. Dix, Princeton, N.Y., librarian emeritus,
expressed his confidence that the tasks would be completed on sched-
Princeton University.
ule, and that the total costs of CONTU would be reduced almost fifty
Arthur R. Miller, Belmont, Mass., professor of law, Har-
percent. Since the estimated staff number has been decreased from
vard Law School;
forty-five to sixteen persons, and the other expenses are also lowered,
Robert Wedgeworth, Chicago, Illinois, executive director,
the total anticipated costs are $1,267,000, rather the original projection
American Library Association;
of $2,461,400.
Alice E. Wilcox, Wayzeta, Minn., director, Minitex, Min-
Although the language of Public Law 93-573 states that the au-
neapolis, Minn.
thorization for appropriations will expire on June 30, 1976, Public
III. General public, including at least one expert in consumer
Law 94-144 extended that and other authorizations for appropria-
protection:
tions until Sept. 30, 1976, to coincide with the beginning of the new
Hon. Stanley H. Fuld, New York, N.Y., retired Chief of
fiscal year.
Justice, New York Court of Appeals, and currently Special
CONTU has held six sets of meetings, and, since the initial meeting
counsel, Kaye, Scholer, Fierman, Hays, and Handler,
on Oct. 8, 1975, the Commission members have been surveying ongoing
chairman.
projects relating to the Commission's work, studying the history,
Melville B. Nimmer, Los Angeles, Calif., professor of Law,
nature, and functioning of computer systems, and examining informa-
U.C.L.A. School of Law, vice chairman;
tion systems employing new technology in particular disciplines or
George D. Cary, District of Columbia, retired Registrar
areas. At the last meeting, a hearing was held on the issue of computer
of Copyrights;
software protection. Meetings will be scheduled on a regular basis
Rhoda H. Karpatkin, New York, N.Y. executive director
and the preliminary report on CONTU's activities is due Oct. 8, 1976.
Consumers Union.
The Registrar of Copyrights is designated as an ex officio non voting
OVERSIGHT
member.
H.R. 1137
Oversight of the National Commission on New Technological Uses
of Copyrighted Works is the responsibility of the Committee on the
H.R. 1137
4
5
Judiciary. The hearing on Feb. 23, 1976, was a combination oversight
5. Basis for estimate Cost estimates were based on budgetary data
and legislative hearing, and included as witnesses, the Executive Di-
supplied by the Commission. Staff salaries include salaries for com-
rector of CONTU, Mr. Arthur Levine, and the Budget Officer of the
missioners and consultants. Other costs include travel, publication
Library of Congress, Mr. Donald Curran. The Committee intends to
costs, and supplies.
exercise its oversight on a regular basis.
6. Estimate comparison None.
7. Previous CBO estimate None.
STATEMENT OF THE COMMITTEE ON GOVERNMENT OPERATIONS
8. Estimate prepared by : James Manaro (225-5275).
9. Estimate approved by:
No statement has been received on the legislation from the House
C. G. NUCKOLS
Committee on Government Operations.
(For James L. Blum,
Assistant Director for Budget Analysis).
STATEMENT OF THE CONGRESSIONAL BUDGET OFFICE
INFLATIONARY IMPACT STATEMENT
Pursuant to clause 7, rule XIII of the Rules of the House of Repre-
sentatives, and section 403 of the Congressional Budget Act of 1974,
The legislation will have no foreseeable inflationary impact on
the Committee estimates the following costs of the Commission.
prices or costs in the operation of the national economy.
CONGRESS OF THE UNITED STATES,
COMMITTEE VOTE
CONGRESSIONAL BUDGET OFFICE,
Washington, D.C., April 2, 1976.
H.R. 11877 was reported favorably and unanimously by voice vote
Hon. PETER W. RODINO, Jr.
of the Committee on May 4, 1976. Nineteen members of the Commit-
Chairman, Committee on the Judiciary, U.S. House of Representa-
tee were present.
tives, Washington, D.C.
SECTION ANALYSIS
DEAR MR. CHAIRMAN: Pursuant to section 403 of the Congressional
Budget Act of 1974, the Congressional Budget Office has prepared the
Section 205 of Public Law 93-573 (17 U.S. Code note) is amended
attached cost estimate for H.R. 11877, a bill to extend the authoriza-
by striking "June 30, 1976" and inserting in lieu thereof the follow-
tion of appropriations for the National Commission on New Tech-
ing: "and including the day on which the Commission terminates".
nological Uses of Copyrighted Works.
Should the Committee SO desire, we would be pleased to provide
CHANGES IN EXISTING Law MADE BY THE BILL, AS REPORTED
further details on the attached cost estimate.
In compliance with clause 3 of Rule XIII of the Rules of the House
Sincerely,
of Representatives, changes in existing law made by the bill, as re-
ALICE M. RIVLIN,
ported, are shown as follows (existing law proposed to be omitted is
Director.
CONGRESSIONAL BUDGET OFFICE
enclosed in black brackets, new matter is printed in italic, existing
law in which no change is proposed is shown in roman) :
COST ESTIMATE
April 2, 1976.
SECTION 205 OF THE ACT OF DECEMBER 31, 1974
1. Bill Number: H.R. 11877.
AN ACT To amend title 17 of the United States Code to remove the expiration
2. Bill Title: To extend the authorization of appropriations for the
date for a limited copyright in sound recordings, to increase the criminal pen-
National Commission on New Technological Uses of Copyrighted
alties for piracy and counterfeiting of sound recordings, to extend the duration
Works.
of copyright protection in certain cases, to establish a National Commission on
3. Purpose of bill The bill authorizes appropriations beyond June
New Technological Uses of Copyrighted Works, and for other purposes.
30, 1976 to the expected legislative termination date of the Commission
TITLE II-NATIONAL COMMISSION ON NEW TECHNO-
of March 1, 1978, as defined in Section 208 of P.L. 93-573. This is an
authorization bill that requires subsequent appropriation action.
LOGICAL USES OF COPYRIGHTED WORKS
4. Cost estimate The costs of H.R. 11877 are summarized in the
table below. The costs for FY 1978 include only the period from
EXPENSES OF THE COMMISSION
October 1, 1977 to March 1, 1978, the legislative termination date.
SEC. 205. There are hereby authorized to be appropriated such sums
Fiscal
Fiscal
as may be necessary to carry out the provisions of this title until
year
year
T.Q.
1977
1978
[June 30, 1976] and including the day on which the Commission
Staff salaries
94,000
434, 073
187, 000
terminates.
Other
24,000
129, 927
61,000
H.R. 1137
O
Total
118,000
564, 000
248, 000
H.R. 1137
Calendar No. 758
94TH CONGRESS
SENATE
REPORT
2d Session
No. 94-798
EXTENDING THE AUTHORIZATION OF APPROPRIA-
TIONS FOR THE NATIONAL COMMISSION ON NEW
TECHNOLOGICAL USES OF COPYRIGHTED WORKS
MAY 6, 1976.-Ordered to be printed
Mr. McCLELLAN, from the Committee on the Judiciary,
submitted the following
REPORT
[To accompany S. 3187]
The Committee on the Judiciary, to which was referred the bill
(S. 3187) to extend the authorization of appropriations for the Na-
tional Commission on New Technological Uses of Copyrighted Works
to be coextensive with the life of such Commission, having considered
the same, reports favorably thereon without amendment and recom-
mends that the bill do pass.
PURPOSE OF THE BILL
The purpose of S. 3187 is to extend the authorization of appro-
priations for the National Commission on New Technological Uses of
Copyrighted Works to be coextensive with the life of such Commission.
STATEMENT
Public Law 93-573, enacted December 31, 1974, established within
the Library of Congress a National Commission on New Technological
Uses of Copyrighted Works to study and make recommendations to
the Congress concerning the use of copyrighted works (1) in auto-
matic systems capable of storing, processing, retrieving, and trans-
ferring information, and by various forms of machine reproduction,
not including reproduction by instructors for use in face-to-face teach-
ing activities; (2) and the creation of new works by the application
or intervention of automatic systems or machine reproduction. The
Commission is required to submit a final report within 3 years of the
effective date of Public Law 93-573, and terminate not later than 60
57-010
2
days thereafter. Public Law 93-573 authorized appropriations until
June 30, 1976, which authorization has been extended through Sep-
tember 30, 1976, under Public Law 94-144.
The Commission is currently studying the state-of-the art of com-
puter based information systems and reprographic technology, gather-
ing data on the economic effects these new technologies are exerting on
creators, disseminators, and users of copyrighted works and attempt-
ing to project the future effects of these new technologies.
COST OF LEGISLATION
Under the existing authorization, the Commission has been appro-
priated $337,000, which the Commission estimates will be obligated by
June 30, 1976. The Commission further estimates that its obligations
during the budget transition period (July 1, 1976 through Septem-
ber 30, 1976) will be $118,000. The Commission estimates that its ob-
ligations during fiscal year 1977 will be $564,000, and during that por-
tion of fiscal year 1978 prior to the determination of the Commission,
$248,000.
S.B. 798
S. 3187
Ainety-fourth Congress of the United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday, the nineteenth day of January,
one thousand nine hundred and seventy-six
An Act
To extend the authorization of appropriations for the National Commission on
New Technological Uses of Copyrighted Works to be coextensive with the life
of such Commission.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 205 of
the Act entitled "An Act to amend title 17 of the United States Code
to remove the expiration date for a limited copyright in sound record-
ings, to increase the criminal penalties for piracy and counterfeiting of
sound recordings, to extend the duration of copyright protection in
certain cases, to establish a National Commission on New Technological
Uses of Copyrighted Works, and for other purposes", is amended by
striking out "June 30, 1976" and inserting in lieu thereof the following:
"and including the day on which the Commission terminates".
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
4
June 11, 1976
Dear Mr. Director:
The following bills were received at the White
House on June 11th:
S.J. Res 168
8. 532
8. 1466
S. 2760
8. 3187
Please let the President have reports and
recommendations as to the approval of these
bills as soon as possible.
Sincerely,
Robert D. Linder
Chief Executive Clerk
The Honorable James T. Lynn
Director
Office of Management and Budget
Washington, D.C.