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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

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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

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Witnesses-Continued

Page

Cairns, Robert W., executive director, American Chemical Society.-
Prepared statement..........

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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
America...

410

1731

Cooper, Robert, executive secretary, Community Antenna Television
Association...

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Coppedge, John O., chairman, National Collegiate Athletic Associa

tion, Cable Television Association, Cable Television Association
Subcommittee...

820

Prepared statement....

817

Cornils, Wayne, chairman, Small Market Radio Committee, National
Association of Broadcasters.

1366

Cramer, Edward M., president, Broadcast Music, Inc.

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Ebenstein, Daniel, on behalf of Leonard Storch Enterprises, Inc.......
Prepared statement..

1142

1144

Evans, Robert V., vice president and general counsel, CBS, Inc...
Prepared statement..

684, 765

Prepared statement_

Farmer, Ernest R., president, Shawnee Press, Inc., Delaware Water
Gap, Pa...

Feist, Leonard, executive vice president, National Music Publishers
Association..

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
Television Operators for a Fair Copyright Law.

627

Prepared statement.....

636

Freitag, Bernard J., teacher, Council Rock High School, New Town,
Pa....

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,
Department of Justice..

127

Prepared statement..

149

Golodner, Jack, executive secretary, Council of AFL-CIO Unions for
Professional Employees....

1298

Gortikov, Stanley, president, Recording Industry Association of
America, Inc..

1298, 1393

Prepared statement..

1304, 1394

Gramuglia, Thomas, Independent Record & Tape Association of
America..

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
Communications & Technology---

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

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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
Congress.

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,
Authors & Publishers...

698

91

1570

216,

447

457

1401

374, 907

Krelstein, Harold, chairman, Radio Board of Directors, National
Association of Broadcasters..

1366

Kuhn, Bowie, Commissioner of Baseball..

794

Prepared statement....

785

Latman, Alan, attorney, International Typographic Composition
Association..

991

Prepared statement.

1004

Leeds, Henry, counsel, Mergenthaler Corp...

1014

Lieb, Charles H., counsel for the Association of American Publishers..
Prepared statement..

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Lorenz, John G., Acting Librarian of Congress, Library of Congress..
Low, Edmon, representative of six library associations...

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.

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Nathan, Robert R., economist and attorney, president, Robert R.
Nathan Associates....

1580

Oliver, Sy, composer.

390

Prepared statement.

391

Parker, Michael, director, typographic development, Mergenthaler
Corp...

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,
National Music Publishers Association...

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
Schools, the American Association of University Professors, and the
American Council on Education..

272

Prepared statement.....

269

Ringer, Barbara, Register of Copyrights, Library of Congress.

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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
Stations

1757

Simon, Gerald A., managing director, Cambridge Research Institute.
Simpson, Paul C., Nashville, Tenn.....

1401

693

Prepared statement..

690

Smith, Eric H., associate general counsel, Public Broadcasting
Service...

859

Prepared statement.

865

Steinbach, Sheldon E., staff counsel, American Council on Education--
Strackbein, O. R., representing International Allied Printing Trades
Association...

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..
Prepared statement..

1238

1251

Wasilewski, Vincent T., president, National Association of Broad

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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
(AFL-CIO)....

1298

Prepared statement..

1298

Won Pat, Hon. Antonio Borja, a Representative in Congress from
the Territory of Guam...

1717

Zimmerman, Thomas F., first vice president, National Religious
Broadcasters, Inc....

1743

Prepared statement.

1745

Zurkowski, Paul G., president, Information Industry Association.

340

Prepared statement..

332

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