in the United
States, and the inadequacy of both public and commercial television to
serve their educational needs. It has been suggested that, as long as
clear-cut constraints are imposed and enforced, the doctrine of fair
use is broad enough to permit the making of an off-the-air fixation of a
television program within a non-profit educational institution for the
deaf and hearing impaired, the reproduction of a master and a work copy
of a captioned version of the original fixation, and the performance of
the program from the work copy within the confines of the institution.
In identifying the constraints that would have to be imposed within an
institution in order for these activities to be considered as fair use,
it has been suggested that the purpose of the use would have to be
non-commercial in every respect, and educational in the sense that it
serves as part of a deaf or hearing-impaired student's learning
environment within the institution, and that the institution would have
to insure that the master and work copy would remain in the hands of a
limited number of authorized personnel within the institution, would be
responsible for assuring against its unauthorized reproduction or
distribution, or its performance or retention for other than educational
purposes within the institution. Work copies of captioned programs could
be shared among institutions for the deaf abiding by the constraints
specified. Assuming that these constraints are both imposed and
enforced, and that no other factors intervene to render the use unfair,
the committee believes that the activities described could reasonably be
considered fair use under section 107.

* * *

Mr. Chairman, because of the complexity of this bill and the delicate
balances which it creates among competing economic interests, the
committee will resist extensive amendment of this bill. On behalf of the
committee I would urge all of my colleagues to vote favorably on Sec.
22.

Mr. SKUBlTZ. Mr. Chairman, will the gentleman yield?

Mr. KASTENMEIER. I am happy to yield to my friend, the gentleman from
Kansas.

Mr. SKUBITZ. Mr. Chairman, I thank my friend, the gentleman from
Wisconsin, for yielding.

Mr. Chairman, I have received a great deal of mail from the
schoolteachers in my district who are particularly concerned about
section 107--fair use--the fair use of copyrighted material. Having
been a former schoolteacher myself, I believe they make a good point and