ERIC Number: ED336065
Record Type: RIE
Publication Date: 1990-Jul
Reference Count: N/A
Fair Use and Unpublished Works. Joint Hearing on S. 2370 and H.R. 4263, Bills To Amend Section 107 of Title 17, United States Code...before the Subcommittee on Patents, Copyrights, and Trademarks of the Senate Committee on the Judiciary and the Subcommittee on Courts, Intellectual Property, and the Administration of Justice of the House Committee on the Judiciary.
Congress of the U.S., Washington, DC. House Committee on the Judiciary.; Congress of the U.S., Washington, DC. Senate Committee on the Judiciary.
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the section of the United States Code relating to fair use, to clarify that such section applies to both published and unpublished copyrighted works.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judicial developments are reviewed which suggest that the fair use doctrine does not apply to the subsequent uses of unpublished works and that an author's copyright in unpublished materials is, therefore, infringed by those subsequent uses, and that an injunction is appropriate to prevent publication.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)
Descriptors: Copyrights, Fair Use (Copyrights), Federal Government, Federal Legislation, Government Role, Hearings, Intellectual Property
Superintendent of Documents, Congressional Sales Office, U.S. Government Printing Office, Washington, DC 20402.
Publication Type: Legal/Legislative/Regulatory Materials
Education Level: N/A
Authoring Institution: Congress of the U.S., Washington, DC. House Committee on the Judiciary.; Congress of the U.S., Washington, DC. Senate Committee on the Judiciary.
Identifiers: Congress 101st; Unpublished Materials
Note: Serial No. J-101-83 (Senate) and Serial No. 137 (House).