APPENDIX B COMPARATIVE TABLE The table which follows, presented in 4 columns on facing pages, shows, in the first column, the sections of the 1965 revision bill (S. 1006, H.R. 4347, H.R. 5680, H.R. 6831, H.R. 6835). In the next 3 columns are shown the corresponding sections, if any, of the present law, the 1964 revision bill (S. 3008, H.R. 11947, H.R. 12354), and the Preliminary Draft, respectively. 47-330-65- - 13 167 PRESENT LAW 1965 BILL § 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. 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 "compilation" inIcludes collective works. "Copies" are material objects, other than phonorecords, in which a work is fixed by any method now known or later developed, and from which the work can be perceived, reproduced, or otherwise 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 constitutes the 1964 BILL § 54. Definitions. As used in this title, the following terms and their variant forms mean the following, unless the context clearly indicates otherwise : -An "anonymous work" is a work on the copies or phonorecords of which no natural person is identified as author. -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. PRELIMINARY DRAFT An anonymous work *** [is] a work on the copies or records of which no natural person is identified as author.-Note 17. -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 а 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 "compilation" includes collective works. -"Copies" are material objects, other than phonorecords, in which a work is fixed or reproduced by any method now known or later developed, and from which the work can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device. -"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 constitutes the work The year of creation [is] the year in which the author completed the writing or production of the work. The writing or production of a particular work would be considered completed upon its fixation in any tan 1965 BILL PRESENT LAW 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 pre-existing works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, 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 modifications which, as whole, represent an original work of authorship, is a "derivative work." a A "device," "machine," or "process" is one now known or later developed. The terms "including” and “such as" are illustrative and not limitative. A "joint work" is a work prepared by two or more authors with the intention that their contributions be merged into inseparable or interdependent parts of a unitary whole. "Literary works" are works expressed in words, numbers, or other verbal or numerical symbols or indicia, regardless of the nature of the material objects, such as books, periodicals, manuscripts, phonorecords, or film, in which they are embodied. "Motion pictures" are works that consist of a series of images which, when shown in succession, impart an impression of motion, together with any accompanying sounds, regardless of the nature of the material objects, such as films or tapes, in which they are embodied. "Phonorecords" are material objects in which sounds, other than those accompanying a motion picture, are fixed by any method now known or later developed, and from which the sounds can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device. The term "phonorecords" includes the mate 1964 BILL 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, musica} arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, or any other form of adaptation by which a work may be recast or transformed. A work consisting of editorial revisions, annotations, elaborations, or similar modifications which, as a whole, represent an original work of authorship, is a "derivative work." PRELIMINARY DRAFT gible medium of expression, regardless of the intention of the author to revise the work, add to it, or include it as part of a larger whole.-Note 15. § 2(d) A derivative work is a work based and dependent for its existence upon one or more pre-existing works, such as a translation, arrangement, instrumentation, abridgment, summary, index, dramatization, motion picture version, sound recording, art reproduction, or any other form of adaptation by which the work of an author may be recast or transformed. A derivative work consisting of`editorial revisions, annotations, modifications, deletions, or elaborations shall be subject to copyright if the alterations, considered as a whole, represent an original work of authorship. -A "joint work" is a work prepared by two or more authors with the intention that their contributions be merged into inseparable or interdependent parts of a unitary whole. -"Literary works" are works expressed in words, numbers, or other verbal or numerical symbols or indicia, regardless of the nature of the material objects, such as books, periodicals, manuscripts, phonorecords, or film, in which they are embodied. -"Motion pictures" are works that consist of a series of images imparting an impression of motion, together with any accompanying sounds, regardless of the nature of the material objects, such as films or tapes, in which they are embodied. |