Sec. 2 TITLE 17-COPYRIGHTS-Continued Chapter 1.—SUBJECT MATTER and scope of COPYRIGHT-Continued 109. Limitations on exclusive rights Effect of transfer of particular copy or phonorecord. 110. Limitations on exclusive rights: Exemption of certain performances and displays. 111. Limitations on exclusive rights: Secondary transmissions 112. Limitations on exclusive rights: Ephemeral recordings. 113. Scope of exclusive rights in pictorial, graphic, and sculptural works 114. Scope of exclusive rights in sound recordings. 115. Scope of exclusive rights in nondramatic musical works · Compulsory license for making and distributing phonorecords. 116 Scope of exclusive rights in nondramatic musical works Public perform ances by means of coin-operated phonorecord players. 117 Scope of exclusive rights: Use in conjunction with computers and similar information systems. § 101. Definitions As used in this title, the following terms and their variant forms mean the following: An "anonymous work" is a work on the copies or phonorecords of which no natural person is identified as author. "Audiovisual works" are works that consist of a series of related images which are intrinsically intended to be shown by the use of machines or devices such as projectors, viewers, or electronic equipment, together with accompanying sounds, if any, regardless of the nature of the material objects, such as films or tapes, in which the works are embodied. The "best edition" of a work is the edition, published in the United States at any time before the date of deposit, that the Library of Congress determines to be most suitable for its purposes. A person's "children" are his immediate offspring, whether legitimate or not, and any children legally adopted by him. A “collective work" is a work, such as a periodical issue, anthology, or encyclopedia, in which a number of contributions, constituting separate and independent works in themselves, are assembled into a collective whole. A “compilation” is a work formed by the collection and assembling of pre existing materials or of data that are selected, coordinated, or arranged in such a way that the resulting work as a whole constitutes an original work of authorship. The term "com pilation" includes collective works. "Cop:es” are material objects, other than phonorecords, in which a work is fixed by any method now known or later develope i, and from which the work can be perceived, reproduced, or otherwise 3 communicated, either directly or with the aid of a machine or device. The term “copies" includes the material object, other than a phonorecord, in which the work is first fixed "Copyright owner." with respect to any one of the exclusive rights comprised in a copyright, refers to the owner of that particular right A work is "created" when it is fixed in a copy or phonorecord for the first time; where a work is prepared over a period of time, the portion of it that has been fixed at any particular time con stitutes the work as of that time, and where the work has been prepared in different versions, each version constitutes a separate work A "derivative work" is a work based upon one or more preexisting works, such as a translation, musical arrangement, dramatization fictionalization, motion picture version, sound record ing art reproduction, abridgment, condensation, or any other form in which a work may be recast, transformed or adapted A work consisting of editorial revisions annotations elaborations, or other moich ations which, as a whole, represent an orginal work of authorship in a “derivative work” A “device – ma hine,” or “proces” is one now known or later developed To "daplay" ork means to show a copy of it either i rectly or by means of a fim, ali je televison in age, or any other device or process or 11. the case of a motion på ture or other and ovje.nl work to show individual images consequent ally A work in "fixed" in a targhe medium of ex; reason when, ita enbestiment in a copy or photorecord by or under the a „Purity of the author po wuh-sent'y permanent or stable to pert...t it to be pærer ved reproduced or otherwise un marcated for a of more than transitory furation A at sagra, or both. U at are being trazanotted in -hued for james of this title if a fixation of the Witnesses-Continued Page Cairns, Robert W., executive director, American Chemical Society.- Chapin, Edward W., counsel, Broadcast Music, Inc.. 907 Ciancimino, Albert F., counsel, SESAC, Inc..... 398, 1738 Prepared statement.. 397, 1738 Cohen, Edwin G., executive director of the Agency Instructional Television........... 859 Prepared statement... 880 Cohen, John, member of the board of directors, National Association of Recording Merchandisers, Inc. 1571 Prepared statement... 1571 Collins, Fred, Jr., president, Music Operators of America.. Cooper, Edward, vice president, Motion Picture Association of 410 1731 Cooper, Robert, executive secretary, Community Antenna Television Coppedge, John O., chairman, National Collegiate Athletic Associa tion, Cable Television Association, Cable Television Association 820 Prepared statement.... 817 Cornils, Wayne, chairman, Small Market Radio Committee, National 1366 Cramer, Edward M., president, Broadcast Music, Inc. Ebenstein, Daniel, on behalf of Leonard Storch Enterprises, Inc....... 1142 1144 Evans, Robert V., vice president and general counsel, CBS, Inc... 684, 765 Prepared statement_ Farmer, Ernest R., president, Shawnee Press, Inc., Delaware Water Feist, Leonard, executive vice president, National Music Publishers 683, 764 344 342 1579 Fitzpatrick, James, general counsel, Recording Industry Association of America__ 1298, 1393 Ford, Frederick W., counsel, Ad Hoc Committee of Concerned Cable 627 Prepared statement..... 636 Freitag, Bernard J., teacher, Council Rock High School, New Town, 276 Gastel, Joseph, copyright attorney. 1014 Prepared statement.... 1019 Glover, John D., director, Cambridge Research Institute.. 1401 Prepared statement.. 1402 Goldbloom, Irwin, Deputy Assistant Attorney General, Civil Division, 127 Prepared statement.. 149 Golodner, Jack, executive secretary, Council of AFL-CIO Unions for 1298 Gortikov, Stanley, president, Recording Industry Association of 1298, 1393 Prepared statement.. 1304, 1394 Gramuglia, Thomas, Independent Record & Tape Association of 1238 Prepared statement.. 1279 . Hamlisch, Marvin, American Guild of Authors and Composers.. 1646 Witnesses-Continued Hardy, Ashton R., General Counsel, Federal Communications Com Page mission... 433 Prepared statement.. 444 Heilman, David, EC Tape Service... 1238 Hightower, John, chairman, Advocates for the Arts.. 1298 Prepared statement__ 1339 Hitchens, Howard B., executive director, Association for Educational 288 Prepared statement-- 279 Hochberg, Philip R., on behalf of Don V. Ruck, vice president, National Hockey League.. 810 Prepared statement.. 812 Hogan, Robert F., executive secretary, National Council of Teachers Hoopes, Townsend, president, Association of American Publishers.. 237 Prepared statement... 238, 1702 Howard, William K., president, Hollywood Film Council. 700 Prepared statement.. Kaminstein, Abraham L., former Register of Copyrights, Library of Kapp, Michael, president, Warner Special Products... Karp, Irwin, counsel for the Authors League of America, Inc.-- Prepared statement.. 354, 907, 1704 220, 348, 910, 1705, 1764 Keller, Thomas J., Acting General Counsel, Office of Telecommunications Policy, Executive Office of the President... Prepared statement.... Kiser, David B., associate, Cambridge Research Institute. Korman, Bernard, general counsel, American Society of Composers, 698 91 1570 216, 447 457 1401 374, 907 Krelstein, Harold, chairman, Radio Board of Directors, National 1366 Kuhn, Bowie, Commissioner of Baseball.. 794 Prepared statement.... 785 Latman, Alan, attorney, International Typographic Composition 991 Prepared statement. 1004 Leeds, Henry, counsel, Mergenthaler Corp... 1014 Lieb, Charles H., counsel for the Association of American Publishers.. Lorenz, John G., Acting Librarian of Congress, Library of Congress.. 91 184 Prepared statement.. 199 Mawdsley, Russell, chairman, Legislative Committee, Music Operators of America........... 421 Prepared statement.. 418 Meell, Edward J., chairman, Educational Media Producers Council.. 330 Prepared statement. 316 Merry, Donald D., president, Sicom Electronics Corp. Nathan, Robert R., economist and attorney, president, Robert R. 1580 Oliver, Sy, composer. 390 Prepared statement. 391 Parker, Michael, director, typographic development, Mergenthaler 391 1014 Prepared statement. 1036 Patterson, Perry S., counsel, Rock-Ola Manufacturing Corp 411 Prepared statement... 413 Witnesses-Continued Peer, Ralph, vice president, Peer-Southern Organization; director, Page 1645 -- Quayle, Donald R., senior vice president for broadcasting, Corporation for Public Broadcasting... 859 Prepared statement. --- 863 Raskind, Leo J., representing the Association of American Law 272 Prepared statement..... 269 Ringer, Barbara, Register of Copyrights, Library of Congress. Sandler, Jack B., chairman, Government Relations Committee of the Book Manufacturers Institute, Inc.... 1695 Prepared statement..... 1697 Sheppard, Dr. Walter, representing the Association of Public Radio 1757 Simon, Gerald A., managing director, Cambridge Research Institute. 1401 693 Prepared statement.. 690 Smith, Eric H., associate general counsel, Public Broadcasting 859 Prepared statement. 865 Steinbach, Sheldon E., staff counsel, American Council on Education-- 268 1663 Prepared statement.. 1666 Summers, John B., general counsel, National Association of Broadcasters.. 777 Prepared statement. 774 Tegtmeyer, Rene D., Assistant Commissioner for Patents, Department of Commerce. 163 Prepared statement.. 159 Valenti, Jack, president, Motion Picture Association of America, Inc., and the Association of Motion Picture & Television Producers, Inc. Prepared statement • Van Arkel, Gerard, general counsel, International Typographical Union.... 704 705, 761, 1731 1694 Prepared statement... 1668 Wally, I. Alan, president, Record & Tape Association of America.. 1238 1251 Wasilewski, Vincent T., president, National Association of Broad Wicks, David O., Jr., Becker Communications Associates. 598 Prepared statement... 607 Wolff, I. Sanford, the American Federation of Musicians (AFL-CIO), and the American Federation of Television and Radio Artists 1298 Prepared statement.. 1298 Won Pat, Hon. Antonio Borja, a Representative in Congress from 1717 Zimmerman, Thomas F., first vice president, National Religious 1743 Prepared statement. 1745 Zurkowski, Paul G., president, Information Industry Association. 340 Prepared statement.. 332 |