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 Gerald R. Ford donated to the United States of America his copyrights in all of his unpublished writings in National Archives collections.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