ed works for
educational and scholarly purposes from copyright control is not
justified." At the same time the Committee recognizes, as it did in
1967, that there is a "need for greater certainty and protection for
teachers." In an effort to meet this need the Committee has not only
adopted further amendments to section 107, but has also amended section
504(c) to provide innocent teachers and other non-profit users of
copyrighted material with broad insulation against unwarranted liability
for infringement. The latter amendments are discussed below in
connection with Chapter 5 of the bill.
In 1967 the Committee also sought to approach this problem by including,
in its report, a very thorough discussion of "the considerations lying
behind the four criteria listed in the amended section 107, in the
context of typical classroom situations arising today." This discussion
appeared on pp. 32-35 of the 1967 report, and with some changes has
been retained in the Senate report on S. 22 (S. Rep. No. 94-473, pp.
63-65). The Committee has reviewed this discussion, and considers that
it still has value as an analysis of various aspects of the problem.
At the Judiciary Subcommittee hearings in June 1975, Chairman
Kastenmeier and other members urged the parties to meet together
independently in an effort to achieve a meeting of the minds as to
permissible educational uses of copyrighted material. The response to
these suggestions was positive, and a number of meetings of three
groups, dealing respectively with classroon, reproduction of printed
material, music, and audio-visual material, were held beginning in
September 1975.
*(ii) Guidelines With Respect to Books and Periodicals*
In a joint letter to Chairman Kastenmeier, dated March 19, 1976, the
representatives of the Ad Hoc Committee of Educational Institutions and
Organizations on Copyright Law Revision, and of the Authors League of
America, Inc., and the Association of American Publishers, Inc., stated:
"You may remember that in our letter of March 8, 1976 we told you that
the negotiating teams representing authors and publishers and the Ad
Hoc Group had reached tentative agreement on guidelines to insert in
the Committee Report covering educational copying from books and
periodicals under Section 107 of H.R. 2223 and S. 22, and that as part
of that tentative agreement each side would accept the amendments to
Sections 107 and 504 which were adopted by your Subcommittee
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