HomeMy WebLinkAboutCity Council - 4079 RESOLUTION NO. 4079
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH REQUESTING THE CONGRESS OF THE
UNITED STATES TO REMOVE ANY PROVISION REQUIRING
COPYRIGHT PAYMENT FOR CABLE TELEVISION BROADCASTS
FROM THE OMNIBUS COPYRIGHT REVISION BILL
WHEREAS, the matter of liability of cable television
operators and, through them, cable subscribers to pay copy-
right royalties on television signals carried on cable tele-
vision is now before the Congress of the United States in
the Omnibus Copyright Revision Bill; and
The 1974 annual meeting of the United States Conference
of Mayors in San Diego did unanimously approve Resolution
Number 9 urging the United States Senate not to adopt legis-
lation which would place an extra surcharge on the viewing of
television programming via a cable television system; and
This resolution was ignored and had no effect on the
action of the United States Senate in the September 9 passage
of Senate Bill S. 1361; and
The United States Supreme Court has twice held that
carriage of broadcast signals by cable television is not a
performance under Federal copyright law for which copyright
royalties are required to be paid; and
As a matter of pure logic and economic theory, payment
of copyright royalties for carriage of broadcast signals on
cable television is improper and can result in consumers
paying copyright royalties twice; and
The cable television industry, still in its infancy,
should not be overburdened with required fees and charges ,
payment of which must be subsidized by the ultimate consumer,
the cable television subscriber; and
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The initiation and/or continuation of quality cable
television service in and for the community of Huntington
Beach is important to the well-being, education, and informed
status of our citizens; and
Adoption of this copyright legislation by the full Congress
of the United States will be inflationary and will selectively
"tax" future and/or present cable-viewing residents of Huntington
Beach,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Huntington Beach that the Congress of the United States
is urged to remove from the Omnibus Copyright Revision Bill
all language which would require a copyright payment for carri-
age of broadcast signals on cable television.
BE IT FURTHER RESOLVED that the City Clerk is directed to
forward copies of this resolution to representatives and senators
Of the State of California in the United States Congress .
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 19th
day of May, 1975.
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ATTEST:
APPROVED AS TO FORM:
Alicia M. Wentworth
City Clerk
Deputy City Clerk City Attorne
APPROVED AS TO CONTENT:
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City Administrator
2.
Res. No. 4079
STNI'E OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ALICIA M. WENTWORTH, the duly elected, qualified City
Clerk of the City of Huntington Beach, and ex-officio Clerk of the
City Council of said City, do hereby certify that the whole number of
members of the City. Council of the City of Huntington Beach is seven;
that the foregoing resolution was passed and adopted by the affirmative
vote of more than a majority of all the members of said City Council
at a regular meeting thereof held on the 19th day
of May 19 75 by the following vote:
AYES: Councilmen:
Bartlett, Coen, Matney, Shipley, Duke, Gibbs
NOES: Councilmen:
None
ABSENT: Councilmen:
Wieder
Alicia M. Wentworth-
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
By:
Deputy City Clerk