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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 Gerald R. Ford donated to the United States of America his copyrights in all of his unpublished writings in National Archives collections.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.

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    "ocrText": "The original documents are located in Box 47, folder \"6/21/76 S3187 Extend\nAppropriation Authorization for National Commission on New Technological Uses of\nCopyrighted Works\" of the White House Records Office: Legislation Case Files at the\nGerald R. Ford Presidential Library.\nCopyright Notice\nThe copyright law of the United States (Title 17, United States Code) governs the making of\nphotocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United\nStates of America his copyrights in all of his unpublished writings in National Archives collections.\nWorks prepared by U.S. Government employees as part of their official duties are in the public\ndomain. The copyrights to materials written by other individuals or organizations are presumed to\nremain with them. If you think any of the information displayed in the PDF is subject to a valid\ncopyright claim, please contact the Gerald R. Ford Presidential Library.\nExact duplicates within this folder were not digitized.\n15/6/21/76\nAPPROVED JUN 21\nTHE WHITE HOUSE\nACTION\nWASHINGTON\nJune 18,1976\nLast Day: June 23\nMEMORANDUM FOR\nTHE PRESIDENT\nPosted\nFROM:\nJIM CANNOM\n6/22/76\nSUBJECT:\nS. 3187\nExtend Apropriation\nAuthorization for National Commission\narchives\non New Technological Uses of\nCopyrighted Works\n6/22/76\nAttached for your consideration is S. 3187, sponsored by\nSenator McClellan, which would extend the appropriation\nauthorization for the National Commission on New\nTechnological Uses of Copyrighted Works to the termination\ndate of the Commission.\nAdditional information is provided in OMB's enrolled bill\nreport at Tab A.\nOMB, Max Friedersdorf, Counsel's Office (Lazarus) and I\nrecommend approval of the enrolled bill.\nRECOMMENDATION\nThat you sign S. 3187 at Tab B.\nGERALD R. FORD\nDigitized from Box 47 of the White House Records Office Legislation Case Files at the Gerald R. Ford Presidential Library\nPRESIDENT\nEXECUTIVE OFFICE OF THE PRESIDENT\nOFFICE\nUNITED\nOFFICE OF MANAGEMENT AND BUDGET\nSTATES\nWASHINGTON, D.C. 20503\nJUN 17 1976\nMEMORANDUM FOR THE PRESIDENT\nSubject: Enrolled Bill S. 3187 - Extend appropriation\nauthorization for National Commission on New\nTechnological Uses of Copyrighted Works\nSponsor - Sen. McClellan (D) Arkansas\nLast Day for Action\nJune 23, 1976 - Wednesday\nPurpose\nTo extend the appropriation authorization for the National\nCommission on New Technological Uses of Copyrighted Works to\nthe termination date of the Commission.\nAgency Recommendations\nOffice of Management and Budget\nApproval\nLibrary of Congress\nApproval\nDiscussion\nPublic Law 93-573, enacted December 31, 1974, established a\nNational Commission on New Technological Uses of Copyrighted\nWorks to study and make recommendations to the President and\nthe Congress concerning the use of copyrighted works. The\nCommission is required to submit a final report within three\nyears of the enactment of P.L. 93-573, i.e., by December 31,\n1977 and it must terminate not later than 60 days thereafter,\ni.e., no later than March 1, 1978.\n2\nAppropriations are now authorized for the Commission through\nSeptember 30, 1976. The enrolled bill would extend the\nauthorization to the termination date of the Commission.\nJames Assistant m. Director Trey\nfor Legislative Reference\nEnclosures\nEXECUTIVE OFFICE OF THE PRESIDENT\n6-17-96\nOFFICE OF MANAGEMENT AND BUDGET\n13:30pm\nSEALS\nWASHINGTON, D.C. 20503\nJUN 17 1976\nMEMORANDUM FOR THE PRESIDENT\nSubject: Enrolled Bill S. 3187 - Extend appropriation\nauthorization for National Commission on New\nTechnological Uses of Copyrighted Works\nSponsor - Sen. McClellan (D) Arkansas\nLast Day for Action\nJune 23, 1976 - Wednesday\nPurpose\nTo extend the appropriation authorization for the National\nCommission on New Technological Uses of Copyrighted Works to\nthe termination date of the Commission.\nAgency Recommendations\nOffice of Management and Budget\nApproval\nLibrary of Congress\nApproval\nDiscussion\nPublic Law 93-573, enacted December 31, 1974, established a\nNational Commission on New Technological Uses of Copyrighted\nWorks to study and make recommendations to the President and\nthe Congress concerning the use of copyrighted works. The\nCommission is required to submit a final report within three\nyears of the enactment of P.L. 93-573, i.e., by December 31,\n1977 and it must terminate not later than 60 days thereafter,\ni.e., no later than March 1, 1978.\nAttached document was not scanned because it is duplicated elsewhere in the document\nTHE WHITE HOUSE\nACTION MEMORANDUM\nWASHINGTON\nLOG NO.:\nDate: June 17\nTime: 400pm\nBau\nFOR ACTION:\nSarah Massenga\nCC (for information):\nJack Marsh\nMax Friedersdorf\nJim Cavanaugh\nKen Kazarus\nEd Schmults\nFROM THE STAFF SECRETARY\nDUE: Date: June 18\nTime:\n200pm\nSUBJECT:\nS. 3187 - Extend appropriation authorization\nfor National Commission on New Technolggical\nUses of Copyrighted Works\nACTION REQUESTED:\nFor Necessary Action\nFor Your Recommendations\nPrepare Agenda and Brief\nDraft Reply\nX For Your Comments\nDraft Remarks\nREMARKS:\nPlease return to Judy Johnston, Ground Floor West Wing\nPLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.\nIf you have any questions or if you anticipate a\ndelay in submitting the required material, please\nK. R. COLE, JR.\ntelephone the Staff Secretary immediately.\nFor the President\nTHE LIBRARY OF CONGRESS\nWASHINGTON, D.C. 20540\nLEGISLATIVE LIAISON OFFICE\nJune 11, 1976\nDear Mr. Frey:\nThis is in response to your request for the Library of\nCongress' views with respect to enrolled bill, S. 3187, an Act to\nextend the authorization of appropriations for the National Commission\non New Technological Uses of Copyrighted Works.\nThe National Commission on New Technological Uses of\nCopyrighted Works was established by Public Law 93-573. It is\nrequired to submit a final report by December 31, 1977. The Act\nalso provides for a 60-day time period after the submission of the\nfinal report for the winding up of the Commission's business. The\npresent appropriation authorization will expire on September 30, 1976,\nat the end of the transition quarter. This bill authorizes funding\nfor the Commission for the remainder of its statutory life. The\noriginal limitation on appropriation authority was to provide\nlegislative oversight of the Commission's activities. The Executive\nDirector of the Commission testified before the Subcommittee on\nCourts, Civil Liberties, and the Administration of Justice, House\nJudiciary Committee, on February 23, 1976, in fulfillment of these\noversight responsibilities.\nThe Library of Congress recommends that S. 3187 be signed\nby the President.\nSincerely yours,\nAlloreen MMCormic\nAdoreen M. McCormick\nLegislative Liaison Officer\nMr. James M. Frey\nAssistant Director for\nLegislative Reference\nExecutive Office of the President\nOffice of Management and Budget\nWashington, D. C. 20503\nTHE WHITE HOUSE\nWASHINGTON\nJune 18, 1976\nMEMORANDUM FOR:\nJIM CAVANAUGH\nFROM:\nMAX L. FRIEDERSDORF m.b.\nSUBJECT:\nS. 3187 - Extend appropriation author ization\nfor National Commission on New Technological\nUses of Copyrighted Works\nThe Office of Legislative Affairs concurs with the agencies\nthat the subject bill be signed.\nAttachments\nTHE WHITE HOUSE\nACTION MEMORANDUM\nWASHINGTON\nLOG NO.:\nDate:\nJune 17\nTime: 400pm\nFOR ACTION:\nSarah Massengale\nCC (for information):\nJack Marsh\nMax Friedersdorf\nJim Cavanaugh\nKen Lazarus\nEd Schmults\nFROM THE STAFF SECRETARY\nDUE: Date: June 18\nTime:\n200pm\nSUBJECT:\nS. 3187 - Extend appropriation authorization\nfor National Commission on New Technological\nUses of Copyrighted Works\nACTION REQUESTED:\nFor Necessary Action\nFor Your Recommendations\nPrepare Agenda and Brief\nDraft Reply\nX\nFor Your Comments\nDraft Remarks\nREMARKS:\nPlease return to Judy Johnston, Ground Floor West Wing\nNo objection -- Ken Lazarus 6/18/76\nPLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.\nIf you have any questions or if you anticipate a\ndelay in submitting the required material, please\nJames M. Cannon\ntelephone the Staff Secretary immediately.\nFor the President\n94TH CONGRESS\nHOUSE OF REPRESENTATIVES\nREPORT\n2d Session\nNo. 94-1137\nAUTHORIZATION FOR CONTU APPROPRIATIONS\nMAY 14, 1976.-Committed to the Committee of the Whole House on the State\nof the Union and ordered to be printed\nMr. KASTENMEIER, from the Committee on the Judiciary,\nsubmitted the following\nREPORT\n[including cost estimate and comparison of the Congressional Budget Office]\n[To accompany H.R. 11877]\nThe Committee on the Judiciary, to whom was referred the bill\n(H.R. 11877) to extend the authorization of appropriations for the\nNational Commission on New Technological Uses of Copyrighted\nWorks to be coextensive with the life of such Commission, having\nconsidered the same, report favorably thereon without amendment and\nrecommend that the bill do pass.\nPURPOSE OF THE BILL\nThe purpose of H.R. 11877 is to extend the authorization for appro-\npriations for the National Commission on New Technological Uses of\nCopyrighted Works (hereinafter called \"CONTU\") through the life\nof that Commission. The present act, Public Law 93-573, amended\ntitle 17 of the U.S. Code and created CONTU, requiring it to conduct\nstudies and to submit a final report within three years of enactment,\nthat is by Dec. 31, 1977. The act also allows a 60-day wind-down period.\nHowever, the present authorization for appropriations for CONTU\nwill expire after September 30, 1976. H.R. 11877 will remedy that\nsituation by making the authorization of appropriations coextensive\nwith the life of CONTU.\nH.R. 11877 would amend Sec. 205, Title II of Public Law 93-573\n(17 U.S. Code 201 note) by extending the authorization for appro-\npriations to \"and including the day on which the Commission termi-\nnates.\" That date would be no later than March 1, 1978, sixty days\nafter the final report of CONTU is due.\n2\n3\nBACKGROUND\nCONTU is required to submit to the President and Congress a\nTitle II of Public Law 93-573 created a National Commission on\npreliminary report on its activities within one year after its first meet-\nNew Technological Uses of Copyrighted Works whose purpose was\ning. The president appointed the 12 members of the Commission on\nto study and compile data on;\nJuly 25, 1975, and the initial meeting was held on October 8, 1975.\n(1) the reproduction and use of copyrighted works of authorship-\nThe final report must be filed within three years of enactment, that is\n(A) in conjuction with automatic systems capable of storing,\nby Dec. 31, 1977.\nprocessing, retrieving, and transferring information, and\nThe legislative history of Sec. 205 of Public Law 93-573, indicates\n(B) by various forms of machine reproduction, not including\nthat, although the Senate initially passed the legislation (S. 3976) al-\nreproduction by or at the request of instructors for use in face-\nlowing authorization for appropriations as necessary to carry out the\nto-face teaching activities; and\nprovisions of Title II, the House version passed on Dec. 19, 1974, lim-\n(2) the creation of new works by the application or intervention\nited that authorization for appropriations to \"such sums as may be\nof such automatic systems or machine reproduction.\nnecessary to carry out the provisions of this title until June 30, 1976.\"\nCONTU is required to make recommendations to the President and\nThe Senate concurred in the amendment on the same date. The purpose\nCongress as to changes in copyright law or procedures which would\nof this restriction was to insure legislative oversight for appropriate\nassure access to copyrighted works, while providing recognition for\nfunds subsequent to June 30, 1976. Oversight by this Committee was\nthe rights of copyright owners. The Commission is composed of\nexercised on Feb. 23, 1976, when the Subcommittee on Courts, Civil\nthirteen voting members, including the Librarian of Congress. The\nLiberties, and the Administration of Justice held a hearing on the\nPresident is authorized to select four members from each of three\nactivities of CONTU and the need for the extended authorization. On\nsets of groups. The present members include the following:\nMay 4, 1976, the Committee by voice vote reported the bill favorably,\nI. Authors and copyright owners:\nunanimously, and without amendment, with nineteen members present.\nJohn Hersey, New Haven, Conn., president, Authors\nLeague of America;\nSTATEMENT\nDan Lacy, Irvington, New York, vice president, McGraw-\nHill, Inc.\nH.R. 11877 would extend the authorization for appropriations for\nE. Gabriel Perle, New York, N.Y., vice president-Law,\nCONTU \"until and including the day on which the Commission termi-\nTime, Inc.\nnates.\" The legislation does not extend the life of CONTU, since its\nHershel B. Sarbin, New York, president, Ziff-Davis Pub-\nfinal report is due by Dec. 31, 1977, and the Commission will expire by\nlishing Co.\nMarch 1, 1978.\nII. Users of copyrighted works:\nAt the hearing on Feb. 23, 1976, the executive director of CONTU\nWilliam S. Dix, Princeton, N.Y., librarian emeritus,\nexpressed his confidence that the tasks would be completed on sched-\nPrinceton University.\nule, and that the total costs of CONTU would be reduced almost fifty\nArthur R. Miller, Belmont, Mass., professor of law, Har-\npercent. Since the estimated staff number has been decreased from\nvard Law School;\nforty-five to sixteen persons, and the other expenses are also lowered,\nRobert Wedgeworth, Chicago, Illinois, executive director,\nthe total anticipated costs are $1,267,000, rather the original projection\nAmerican Library Association;\nof $2,461,400.\nAlice E. Wilcox, Wayzeta, Minn., director, Minitex, Min-\nAlthough the language of Public Law 93-573 states that the au-\nneapolis, Minn.\nthorization for appropriations will expire on June 30, 1976, Public\nIII. General public, including at least one expert in consumer\nLaw 94-144 extended that and other authorizations for appropria-\nprotection:\ntions until Sept. 30, 1976, to coincide with the beginning of the new\nHon. Stanley H. Fuld, New York, N.Y., retired Chief of\nfiscal year.\nJustice, New York Court of Appeals, and currently Special\nCONTU has held six sets of meetings, and, since the initial meeting\ncounsel, Kaye, Scholer, Fierman, Hays, and Handler,\non Oct. 8, 1975, the Commission members have been surveying ongoing\nchairman.\nprojects relating to the Commission's work, studying the history,\nMelville B. Nimmer, Los Angeles, Calif., professor of Law,\nnature, and functioning of computer systems, and examining informa-\nU.C.L.A. School of Law, vice chairman;\ntion systems employing new technology in particular disciplines or\nGeorge D. Cary, District of Columbia, retired Registrar\nareas. At the last meeting, a hearing was held on the issue of computer\nof Copyrights;\nsoftware protection. Meetings will be scheduled on a regular basis\nRhoda H. Karpatkin, New York, N.Y. executive director\nand the preliminary report on CONTU's activities is due Oct. 8, 1976.\nConsumers Union.\nThe Registrar of Copyrights is designated as an ex officio non voting\nOVERSIGHT\nmember.\nH.R. 1137\nOversight of the National Commission on New Technological Uses\nof Copyrighted Works is the responsibility of the Committee on the\nH.R. 1137\n4\n5\nJudiciary. The hearing on Feb. 23, 1976, was a combination oversight\n5. Basis for estimate Cost estimates were based on budgetary data\nand legislative hearing, and included as witnesses, the Executive Di-\nsupplied by the Commission. Staff salaries include salaries for com-\nrector of CONTU, Mr. Arthur Levine, and the Budget Officer of the\nmissioners and consultants. Other costs include travel, publication\nLibrary of Congress, Mr. Donald Curran. The Committee intends to\ncosts, and supplies.\nexercise its oversight on a regular basis.\n6. Estimate comparison None.\n7. Previous CBO estimate None.\nSTATEMENT OF THE COMMITTEE ON GOVERNMENT OPERATIONS\n8. Estimate prepared by : James Manaro (225-5275).\n9. Estimate approved by:\nNo statement has been received on the legislation from the House\nC. G. NUCKOLS\nCommittee on Government Operations.\n(For James L. Blum,\nAssistant Director for Budget Analysis).\nSTATEMENT OF THE CONGRESSIONAL BUDGET OFFICE\nINFLATIONARY IMPACT STATEMENT\nPursuant to clause 7, rule XIII of the Rules of the House of Repre-\nsentatives, and section 403 of the Congressional Budget Act of 1974,\nThe legislation will have no foreseeable inflationary impact on\nthe Committee estimates the following costs of the Commission.\nprices or costs in the operation of the national economy.\nCONGRESS OF THE UNITED STATES,\nCOMMITTEE VOTE\nCONGRESSIONAL BUDGET OFFICE,\nWashington, D.C., April 2, 1976.\nH.R. 11877 was reported favorably and unanimously by voice vote\nHon. PETER W. RODINO, Jr.\nof the Committee on May 4, 1976. Nineteen members of the Commit-\nChairman, Committee on the Judiciary, U.S. House of Representa-\ntee were present.\ntives, Washington, D.C.\nSECTION ANALYSIS\nDEAR MR. CHAIRMAN: Pursuant to section 403 of the Congressional\nBudget Act of 1974, the Congressional Budget Office has prepared the\nSection 205 of Public Law 93-573 (17 U.S. Code note) is amended\nattached cost estimate for H.R. 11877, a bill to extend the authoriza-\nby striking \"June 30, 1976\" and inserting in lieu thereof the follow-\ntion of appropriations for the National Commission on New Tech-\ning: \"and including the day on which the Commission terminates\".\nnological Uses of Copyrighted Works.\nShould the Committee SO desire, we would be pleased to provide\nCHANGES IN EXISTING Law MADE BY THE BILL, AS REPORTED\nfurther details on the attached cost estimate.\nIn compliance with clause 3 of Rule XIII of the Rules of the House\nSincerely,\nof Representatives, changes in existing law made by the bill, as re-\nALICE M. RIVLIN,\nported, are shown as follows (existing law proposed to be omitted is\nDirector.\nCONGRESSIONAL BUDGET OFFICE\nenclosed in black brackets, new matter is printed in italic, existing\nlaw in which no change is proposed is shown in roman) :\nCOST ESTIMATE\nApril 2, 1976.\nSECTION 205 OF THE ACT OF DECEMBER 31, 1974\n1. Bill Number: H.R. 11877.\nAN ACT To amend title 17 of the United States Code to remove the expiration\n2. Bill Title: To extend the authorization of appropriations for the\ndate for a limited copyright in sound recordings, to increase the criminal pen-\nNational Commission on New Technological Uses of Copyrighted\nalties for piracy and counterfeiting of sound recordings, to extend the duration\nWorks.\nof copyright protection in certain cases, to establish a National Commission on\n3. Purpose of bill The bill authorizes appropriations beyond June\nNew Technological Uses of Copyrighted Works, and for other purposes.\n30, 1976 to the expected legislative termination date of the Commission\nTITLE II-NATIONAL COMMISSION ON NEW TECHNO-\nof March 1, 1978, as defined in Section 208 of P.L. 93-573. This is an\nauthorization bill that requires subsequent appropriation action.\nLOGICAL USES OF COPYRIGHTED WORKS\n4. Cost estimate The costs of H.R. 11877 are summarized in the\ntable below. The costs for FY 1978 include only the period from\nEXPENSES OF THE COMMISSION\nOctober 1, 1977 to March 1, 1978, the legislative termination date.\nSEC. 205. There are hereby authorized to be appropriated such sums\nFiscal\nFiscal\nas may be necessary to carry out the provisions of this title until\nyear\nyear\nT.Q.\n1977\n1978\n[June 30, 1976] and including the day on which the Commission\nStaff salaries\n94,000\n434, 073\n187, 000\nterminates.\nOther\n24,000\n129, 927\n61,000\nH.R. 1137\nO\nTotal\n118,000\n564, 000\n248, 000\nH.R. 1137\nCalendar No. 758\n94TH CONGRESS\nSENATE\nREPORT\n2d Session\nNo. 94-798\nEXTENDING THE AUTHORIZATION OF APPROPRIA-\nTIONS FOR THE NATIONAL COMMISSION ON NEW\nTECHNOLOGICAL USES OF COPYRIGHTED WORKS\nMAY 6, 1976.-Ordered to be printed\nMr. McCLELLAN, from the Committee on the Judiciary,\nsubmitted the following\nREPORT\n[To accompany S. 3187]\nThe Committee on the Judiciary, to which was referred the bill\n(S. 3187) to extend the authorization of appropriations for the Na-\ntional Commission on New Technological Uses of Copyrighted Works\nto be coextensive with the life of such Commission, having considered\nthe same, reports favorably thereon without amendment and recom-\nmends that the bill do pass.\nPURPOSE OF THE BILL\nThe purpose of S. 3187 is to extend the authorization of appro-\npriations for the National Commission on New Technological Uses of\nCopyrighted Works to be coextensive with the life of such Commission.\nSTATEMENT\nPublic Law 93-573, enacted December 31, 1974, established within\nthe Library of Congress a National Commission on New Technological\nUses of Copyrighted Works to study and make recommendations to\nthe Congress concerning the use of copyrighted works (1) in auto-\nmatic systems capable of storing, processing, retrieving, and trans-\nferring information, and by various forms of machine reproduction,\nnot including reproduction by instructors for use in face-to-face teach-\ning activities; (2) and the creation of new works by the application\nor intervention of automatic systems or machine reproduction. The\nCommission is required to submit a final report within 3 years of the\neffective date of Public Law 93-573, and terminate not later than 60\n57-010\n2\ndays thereafter. Public Law 93-573 authorized appropriations until\nJune 30, 1976, which authorization has been extended through Sep-\ntember 30, 1976, under Public Law 94-144.\nThe Commission is currently studying the state-of-the art of com-\nputer based information systems and reprographic technology, gather-\ning data on the economic effects these new technologies are exerting on\ncreators, disseminators, and users of copyrighted works and attempt-\ning to project the future effects of these new technologies.\nCOST OF LEGISLATION\nUnder the existing authorization, the Commission has been appro-\npriated $337,000, which the Commission estimates will be obligated by\nJune 30, 1976. The Commission further estimates that its obligations\nduring the budget transition period (July 1, 1976 through Septem-\nber 30, 1976) will be $118,000. The Commission estimates that its ob-\nligations during fiscal year 1977 will be $564,000, and during that por-\ntion of fiscal year 1978 prior to the determination of the Commission,\n$248,000.\nS.B. 798\nS. 3187\nAinety-fourth Congress of the United States of America\nAT THE SECOND SESSION\nBegun and held at the City of Washington on Monday, the nineteenth day of January,\none thousand nine hundred and seventy-six\nAn Act\nTo extend the authorization of appropriations for the National Commission on\nNew Technological Uses of Copyrighted Works to be coextensive with the life\nof such Commission.\nBe it enacted by the Senate and House of Representatives of the\nUnited States of America in Congress assembled, That section 205 of\nthe Act entitled \"An Act to amend title 17 of the United States Code\nto remove the expiration date for a limited copyright in sound record-\nings, to increase the criminal penalties for piracy and counterfeiting of\nsound recordings, to extend the duration of copyright protection in\ncertain cases, to establish a National Commission on New Technological\nUses of Copyrighted Works, and for other purposes\", is amended by\nstriking out \"June 30, 1976\" and inserting in lieu thereof the following:\n\"and including the day on which the Commission terminates\".\nSpeaker of the House of Representatives.\nVice President of the United States and\nPresident of the Senate.\n4\nJune 11, 1976\nDear Mr. Director:\nThe following bills were received at the White\nHouse on June 11th:\nS.J. Res 168\n8. 532\n8. 1466\nS. 2760\n8. 3187\nPlease let the President have reports and\nrecommendations as to the approval of these\nbills as soon as possible.\nSincerely,\nRobert D. Linder\nChief Executive Clerk\nThe Honorable James T. Lynn\nDirector\nOffice of Management and Budget\nWashington, D.C."
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