This hearing was called to consider two bills that would amend the section of the United States Code relating to fair use, to clarify that such section applies to both published and unpublished copyrighted works. Recent judicial developments are reviewed which suggest that the fair use doctrine does not apply to the subsequent uses of unpublished works and that an author's copyright in unpublished materials is, therefore, infringed by those subsequent uses, and that an injunction is appropriate to prevent publication. Opening statements by the chairmen of the two presiding subcommittees, Dennis DeConcini and Robert A. Kastenmeier, open the report, followed by the texts of the two bills. Testimony and prepared statements are then presented from the following witnesses: Floyd Abrams, A. G. W. Biddle, Taylor Branch, James M. Burger, Pierre N. Leval, Jonathan W. Lubell, J. Anthony Lukas, Roger J. Miner, James L. Oakes, William F. Patry, Barbara Ringer, and Senator Paul Simon, who introduced letters and statements on behalf of the Magazine Publishers of America; the American Association of Law Libraries; the American Library Association and the Association of Research Libraries; the Electronic Industries Association; and nine educational testing organizations, namely: the American College Testing Program, College Entrance Examination Board, Educational Testing Service, Graduate Management Admission Council, Graduate Record Examinations Board, Law School Admission Council, National Council of Architectural Registration Boards, National Council of Examiners for Engineering and Surveying, and Test of English as a Foreign Language Policy Council. Letters to Robert Kastenmeier, Dennis DeConcini, and Paul Simon are also appended together with a statement from the National Center for Fair and Open Testing. (DB)