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B-222702 1 (1986-05-27)

handle is hein.gao/gaobacvuu0001 and id is 1 raw text is: 


                     UNITED STATES GENERAL ACCOUNTING OFFICE
                             WASHINGTON, D.C. 20548


OFFICE OF GENERAL COUNSEL





      B-222702                                         May 27, 1986




      Mr.  Ralph Oman
      Register  of Copyrights
      Library  of Congress

      Dear  Mr. Oman:

            Pursuant to Pub. L. No. 99-194, S 401, 99 Stat.,  1345
       (1985) (copy enclosed), GAO is studying the feasibility of two
       new sources of funding for the National Endowment for the
       Arts, Humanities and Museum Service s. The two funding schemes
       specified for our consideration contemplate the creation of a
       revolving fund.  Under one scheme, the fund would be comprised
       of payments made to the federal government for the right to
       use or publicly perform artistic, dramatic, literary or
       musical works (works) in the public domain.  Under the other,
       the fund would be comprised of payments made to the federal
       government through an extension of the existing copyright
       period for artistic, dramatic, literary, and musical works.

            As part of our study, we have been asked to consider
       whether the proposals for the new funding schemes would
       survive constitutional and other legal challenge.  Some of
       the issues we have been asked to consider include:   (1) can
       Congress constitutionally extend the copyright period condi-
       tioned on the payment of a fee or tax by the users of the
       copyrighted material during the extended period;  (2) can
       Congress constitutionally impose a fee or tax on the right to
       use or perform works in the public domain; (3) what would be
       the impact of the proposed funding schemes on obligations of
       the United States under any international copyright treaties.

            We are soliciting your views on the constitutional or
       other legal concerns that the proposals for new funding
       schemes would pose and would welcome any written comments
       concerning these proposals by June 13, 1986.  If you have any






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