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I would like first to point out that, although this copyright revision Shasten under consideration for 10 years, the library photocopy
* -Ue is still an important unresolved subject. In brief, as we see it, a question which Congress and this committee must decide is Nothier libraries will be permitted-at no additional expense - to COP!inue to serve the public by the long standing practice of providing #!Recopies of copyrighted material for users' research or study. It $ 1:1 1., with dirent and widespread impact on the general public ari involves both the right of acress to library materials and the cost Gíti.At grire
In the past year there have been two major developments affecting to & question. In the first case ever brought by a publisher, the 11..ianis & Wilkins (0., against a library the courts have upheld the
dxopying of single copies of copyrighted medical journal articles areng within the doctrine of fair use, and not constituting infringefler.t of copyright. It is in part because this case consumed 7 years a:.-i tajor financial outlay that libraries are concerned about the od najor development, which is the introcluction last year into the
ale boilwithout any hearing, of a new and undefined limitation on titlits of libraries: namely, the concept of "gystematic reproduc1.-:" of either single or multiple copies of copyrighted material.
wow when we talk about library copying, we are not talking about "ei athig for the benefit of libraries or librarians, we are talking misit my pop list that is carried on for the benefit of users of libraries
the unde citizens from all walks of life throughout the country. 1! We are talking about library copying practice, we are talkP. alwsit the loom in (alifornia who may need a cor of all
"Bointiie Law Inpres Time for a project he is working on in h. !maderlaev: or abuit a judge in the counts court in Midiller fot. , no nav tid he needs a copy of a la review artile
lendirmely upon a dithi ult question of law which has arinn te potrop of his work. Or al out the tortor in downstate Illinois
'18patirt with an u'111e1al and rnrraway and the only rrett Breul to be frorind is contained in an olmure journal publicat in
pel... ad ain:in!! ori!r through the R yonal Vidal Library ..son, but alsoeft article may a:d him in the bus pat r. life. 1.rarr talatant, eve, 11 jaren mor of th.14 committee 11: olur ***.al lirferien. Setter of the Library of Cong'! ** fit an "Hopiawith mutu pogoht. Or. kamr tal11. at # 11.) 11 " pilot1!;1&
arls artiile in the ma!, of Vurart arrriela hilser mit! him to study a cure of a portion of a reatly all! **Pof one of lurart nor with slibe ja eriti poprost Tett polise.lost I want to portraiption parta'a' a'writ
p! at brug is alles is the ullit of more .n thi's rollis Boro!ir librarien art! strpur tory and atteho
be designated by the President. In order to assure administrative preparatie for iinplementation of the Design Protection Act, the Congress may wlw to designate tbe Administrator directly in the bill. The Copyright Otfice Windle willing to assume this responsibility, as the Congress or, under the present inside the President directs, Sincerely,
JOHN G. LORENE Acting Librarian of Congreat.
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION,
Washington, D.C., September 3, 19 Ilon. PETER W. Rodixo, Jr., Chairman, Committee on the Judiciary. House of Representatives, Washington, D.C.
DEAR MR CHAIRMAN: This is in further reply to your request for the viens de the National Aeronautics and Space Administration on the bill H.R. T the general revision of the Copyright law, title 17 of the t'nited States (ade, and for other purposes."
Title I of the bill provides for a general revision of the l'nited States (opne Law, title 17 of the l'oited States (ode. Title II establishes a new type of prope tion for original ornamental designs of useful articles, Set forth below are ments on specific provisions of the bill which would have a direct impact NASA's activities and liability,
TITLE I Gorernment Works
The proposed legislation obriates some of the ambiguities present in (be current (s right law with respect to Governinent work, pr. 10.5 of the bill pred Copyright in any "work of ihe t'nited States Government,which in de*4.041 in Ne 101 as "a work prepared by an officer or employer of the United Staip prie ernment as part of his otficial duties," The present law probibits copyrix. IL ! **quation of the United States Government" (Sec 8), but do not define 15 latter term The proper legislation adequately reflects case law and cost 11:T pratice within the executive branch, which have established that work propagand by Gavernment officers or employee as part of their othcial duties are Goes muent publications within the copyright prohibition.
Ne ne pirevious mpyright revisjon bills have defined a Government fork As one prejured by an officer or employee within the hope of his offisial dutier ployment." The latter wAN ( sidered objectionable because it was ambikuo'14.1970 subject to a mach broader interpretation. For example, it would be construed as prulletins Bright even where an other or emplove Folintarily wrote a * on his own time which was somehow related to his empoluytent.
ex. 100 a.) p'arif the right of the Goveruruent to receive and hold pis* righis transferred to it by asignment, bequest, or otherwise, thus obrating 12 other uniertainty in the current law
SA IIR ***3 abolishes commn law copyright protertion and extends eta!» tauri yright protation to puli-bel and unpublished work Sec. 10 and Server 301), in our view the copyright prohibition of Nee, 16 would apply to tt. p. lisand unpublished Government works as this term is defined in Ser 101
XASI I still of the view, exprese in (inment dimitted to the (or ."ee on prerionly prowad lt kislation 16, II N. 1317. u ('ngreu. 14 *** EL 75*5), that copyright protetian should be available for Government work a expo:ial circumstances. This would give VISA the opportunity to enter 11.A a
j te negotiations with private publishing firme in prreptional con Set? at * pe teme NASA ph!! ions coolt! meive the widest posible distributin e pipe guid by Nation 031al of the National Aeronautin and Space Art og in The natting wition of the (otprnment depends on its ability to proride (Dry topp for a friend of time to the puhisher in erronne feir distribution and Primar ia, ne ry, the right of the Government to copyright in such e rfonal care pot limited to a whorter period of time : for etape, 3 kr
gan his initial publishing ( N. Arrondingly, it is recommended that the fola
antion in menter in New 105: la prima party right ina be spyd in a published work of the rnited State Cuty1111,49%+ where, by*!! of the serial nature of the work or the drumstances of its preparation, it is determined that corright protection would T lt in more effective dissemination of the work or for other reasons would be in the poblic interest. The head of the Government agency for which the work was to embrace common law copyright, i.e., unpublished works. See eg., Porter eft! v. United States, 473 F 20 13:9, 117 CSPQ 238 (CA 5 1973). Sinop HR 2 protects unpublished as well as published works, the Government's linbar wil be extended. It is urged that 28 U.S.C. 1495 (b) be amended so that it 04:14 to restrict the Government's liability for copyright infringement to "pull works only. Government agencies receive a voluminous amount of material fra private sources which does not bear a copyright notice and which is reprowth distrihuted, etc. in its day-to-day business activities, for exampie, ulider time Freedom of Information Act. It would be extremely difficult, if not imposs to ascertain whether the material submitted bas been published with the ** s. to rlaim copyright, or whether it is unpublished and the owner intends iuris.m copyright protection,
and aball make the determination in each case in accordance with regula. treesablished by an administrative officer designated by the President, and A .1 ha statedent of the basis for its determination in each case in the m et fed by such regulations." I r laniy urged that mee. 103 be amended to specify that the copyright
1 for Gorronment work appir only to domestic nopyright prote!li n. 1.1: be done by inserting the phrase "within the nited States after I. * : 'avanable" in line 1 of Spr. 103. It is a commony held opotnl .n, al. t: bit established by case law, that the prohibition against oli aluilis . 1.! the Government applies to do mestre figuri lits only. Thus, in the 1.•* • Corri.fl.ent thay ( s right abroad when that verirs its 1st interes,
we frei that many foreign ikiitories to the (niversal courirt (une P.I.W ad honor the copyright of the Government in their r etine Hoe on jer the convention, sme malinns tighe inke the powtion that a I , I Rront work annot rrite r t: protection as where T ags ratiotale for proti batang O ristit poestion for l Guernetit > that Arnerinn tannien have paid for these works through tar a ** Lord, ad auld have access to them free of pupis right restrictions This ta. !! B -s not require a kiven way of l' S. Government works to forel'n
*.saud forrign gusernments sont foreign countries provide dunette (0) 8.'*
1 for publentints of their internment, and put a lot of In 1, lett.letts are
d for cuts right rezistration in the I tilted "Poftates, aurt options and silmiinrftial dem Ument which are . • **ir tirrutis U pyrightnile Anong the belieht which w.
dar je *** .1:18 corrisht mlison in les full farvernment work anda I t of tour brRaf11. MART with arrinin nutrie*ibi '
trel therrly aiding otir boltice of a theuls; (c) popotention 'fi.tity of I pirn.!ne nt woti, alled stratit dual all
1 .Tas irre "prto di tri uie ( ritulent workfl., ..!!! ! "1.01 Fry!!! jeliti pod na torrt. **n« ttuat a lot.) '111' it to put a: l-arla int! a* 171 N Pa rt.-) in Nejo) of HR train a mar !pt 1 by the di Gestetni.rhot of 113 Ilaall, all
The effect of compliance with the Freedom of Information Art (FOIL the Government's liability fur copyright infringement also needs (L.477!!!, If a document requests under the FO1 h rs a copyright notice, the press c.in te may adri-+] and will n ally be able to cure a copy e where. W the document requested contains no copyright notice, it may be an uns! work subject to protection under the prin copyright revisiou ; and got 1.4 By or a (upy nay very W!! frustrate the tonix!: Owner des ...)
? jent the Government to lubility. We are concerned whether the fur." of a ny of a document by the Governandeniu:. krtie 1(!), ni!!!. . , 1 Pliable, or a form of fair lmes. Of (urme, if a dernijent is release wat!? 11.1. the Government may not implf retice its uses luy others. For ciara! ya parques, it is ruinmend dimat language inverter i: HR 3 Pr!!
polr nue dixtrine'x applicarlititr to linpubli-lied works and the Goverillis r ** of documents under the FOIA. Innorint Infringere
lindir Sexy 405(b) an innxent in ringer who acts in riliante op 27 authorised or potioreori fiim w ait fps right noiiebas 11 (1) ..**** and who prove that he wil ! !! by the... n. is dick rit lite fur gef1111 op statutory damas with not in any infringing offs ! "
fore receiving actual notice of registrating Vo por tation in **!Pr! Dit het poro d ivination for an irsikmat infris **** **** on a11 *3, men #vy or to record of a puulamisd wok far!!! the p11811 D
. been omitted}; or furun ilistit infliger of all unpublished work. 1. who relires (fl a copy or phobiare curu Wibis bus len pillished without a ... ! of the owner. Publications Incorporating torks in the Publir Domain
Ser. 03 (HR 33 provide that wlan work is published in curier of uhod Trurd ( in prep rillily of one or more userntent Wron, to
wut11 of prikut huil also incluir a utitehtont identifying the fortions to collo irit Work J»«tryted under Title 17. It is ISA'* O nion that see. 4143 ( 1 ) united murud tliat it would be in the forplic i:.***Punt to turn a
i r.lif is were & skrif)*!** prom tulerantly ! als material that is in the full tutuin. We trutinitad hair4613 let'nridend oy acting the phrase ? iu tre le amitin after the wont ** * iu that beading and before I LA words "the Duke" in line 3 of the body of the best nu.
It the event ** 18. C. 1441481 in amendean kit forth in See . It la rpm . B. I. 1 tad tie paliran "derribed in and e red in P1! of the total s'is le II spredd it'rrlle word 'intention" in the fire hue. This will reinstite
el sal gr p ent in the current law with r yt to patented inveuon nid o nas pribly 11.ndiprently ofuitted Orain this Language tall me s'eftifs as a Iruadewis of the Guleruurut lability to user untented
« ¢ to tle fore gone. Ilie VatlonnArratsauf and Space Administration iTale nella tlawn to the n 11."1 of IIR , '!- po 1'111' fl flit and Billuns dieel that, from the standart
l lai'r af p lan, there is no objective to the submission of this
JAK PI P A .
jor Legialal.re Albatre. !11.sepatibon, at 1:') p.m. the hearirg adjourned to reconvene at l'aria.or: JI 11,1871.)