S-0190.1                   _______________________________________________

                                            SENATE JOINT MEMORIAL 8001

                              _______________________________________________

State of Washington                              53rd Legislature                             1993 Regular Session

By Senator Sutherland

Read first time 01/13/93.  Referred to Committee on Energy & Utilities.

Requesting amending the Copyright Act to address current situations.

          TO THE HONORABLE BILL CLINTON, PRESIDENT OF THE UNITED STATES, AND TO THE PRESIDENT OF THE SENATE AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, AND TO THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED STATES, IN CONGRESS ASSEMBLED:

          We, your Memorialists, the Senate and House of Representatives of the State of Washington, in legislative session assembled, respectfully represent and petition as follows:

          WHEREAS, Under the United States Copyright Law, performances of copyrighted music must be licensed; and

          WHEREAS, This copyright protection includes music played over television; and

          WHEREAS, In the 1976 Copyright Act, Congress exempted noncommercial "performances" of copyrighted music if there were no direct or nondirect commercial purpose; and

          WHEREAS, Congress attempted to provide an exemption to businesses whose proprietors merely bring a television set onto their premises for their customer's enjoyment if the television was "of the kind commonly used in private homes"; and

          WHEREAS, There is considerable confusion over what kind of television is "of a kind commonly used in private homes"; and

          WHEREAS, The licensing organization, the American Society of Composers, Authors and Publishers (ASCAP), has construed any television over thirty-six inches, including big screen televisions, to be other than "of a kind commonly used in private homes"; and

          WHEREAS, ASCAP has therefore threatened a Washington state small pizza parlor with a copyright lawsuit because it has a standard forty inch television set at its establishment tuned solely to a sports channel; and

          WHEREAS, Numerous businesses throughout Washington and the country such as restaurants, taverns, hotels and motels, retailers, beauty parlors, haircutting salons, and airports are at risk of expensive licensing fees or litigation for doing nothing more than making commercial television viewing available to customers; and

          WHEREAS, It is necessary for Congressional intent to reflect the technological and commercial realities of our time;

          NOW, THEREFORE, Your Memorialists respectfully pray that the President and Congress conduct a complete review of the Copyright Act to determine whether it reflects the realities of technology and its goals and policies are in need of revision.

          BE IT RESOLVED, That the Copyright Act be amended to exempt from licensing requirements any noncommercial performance of copyrighted music over television if the performance has only an indirect benefit to the person who permits the performance; and

          BE IT FURTHER RESOLVED, That Congress designate a federal agency to adopt rules to implement the provisions of the Copyright Act; and

          BE IT FURTHER RESOLVED, That copies of this Memorial be immediately transmitted to the President of the United States, the President of the United States Senate, the Speaker of the House of Representatives, each member of Congress from the State of Washington, the House of Representatives Subcommittee on Intellectual Property and Administration of Justice, and the Senate Subcommittee on Patents, Copyrights and Trademarks.

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