1965 BILL PRESENT LAW rial object in which the sounds are first fixed. "Pictorial, graphic, and sculptural works" include two-dimensional and three-dimensional works of fine, graphic, and applied art, photographs, prints and art reproductions, maps, globes, charts, plans, diagrams, and models. A "pseudonymous work" is a work on the copies or phonorecords of which the author is identified under a fictitious name. "Publication" is the distribution of copies or phonorecords of a work to the public by sale or other transfer of ownership, or by rental, lease, or lending. "Sound recordings" are works that result from the fixation of a series of musical, spoken, or other sounds, but not including the sounds accompanying a motion picture, regardless of the nature of the material objects, such as disks, tapes, or other phonorecords, in which they are embodied. "State" includes the District of Columbia and the Commonwealth of Puerto Rico, and any territories to which this title is made applicable by an act of Congress. A "supplementary work" is a work prepared for publication as a secondary adjunct to a work by another author for the purpose of introducing, illustrating, explaining, commenting upon, or assisting in the use of the other work, such as forewords, introductions, prefaces, pictorial illustrations, maps, charts, tables, editorial notes, tests and answers, bibliographies, appendixes and indexes. A "transfer of copyright ownership" is an assignment, mortgage, exclusive license, or any other conveyance, alienation, or hypothecation of a copyright or of any of the exclusive rights comprised in a copyright, whether or not it is limited 8 26. TERMS DEFINED. In the interpretation and construction of this title "the date of publication" shall in the case of a work of which copies are reproduced for sale or distribution be held to be the earliest date when copies of the first authorized edition were placed on sale, sold, or publicly distributed by the proprietor of the copyright or under his authority *** 1964 BILL PRELIMINARY DRAFT -"Pictorial, graphic, and sculptural works" include two-dimensional and three-dimensional works of fine, graphic, and applied art, photographs, prints and art reproductions, maps, globes, charts, plans, diagrams, and models. -A "pseudonymous work" is a work on the copies or phonorecords of which the author is identified under a fictitious name. "Publication" is the distribution of copies or phonorecords of a work to the public by sale or other transfer of ownership, or by rental, lease, or lending. A pseudonymous work *** [is] a work on the copies or records of which the author is identified under a fictitious name.-Note 18. Publication * * * [is] the sale or other transfer of ownership, or the rental, lease, or lending, of copies or records of the work to the public at large. It would not include public performance or exhibition.-Note 14. -"Sound recordings" are works that result from the fixation of a series of musical, spoken, or other sounds, but not including the sounds accompanying a motion picture, regardless of the nature of the material objects, such as disks, tapes, or other phonorecords, in which they are embodied. "State" includes the District of Columbia and any territories to which this title is made applicable by an act of Congress. * A "sound recording" * ** [is] the aggregate of the sounds fixed in a record. Note 3. -A "transfer of copyright ownership" is an assignment, exclusive license, or any other conveyance or alienation by which ownership of a copyright or of any of the exclusive rights comprised in a copyright changes hands, whether or not it is Transfers of copyright ownership *** include transfers made by means of assignments or exclusive licenses, mortgages or discharges thereof, trust indentures, corporate mergers, or decrees of distribution, but not including non-exclusive licenses.-Note 13. 1965 BILL PRESENT LAW in time or place of effect, but not including a non-exclusive license. To "transmit" a performance or exhibition is to communicate it by any device or process whereby images or sounds are received beyond the place from which they are sent. The "United States," when used in a geographical sense, comprises the several States, the District of Columbia and the Commonwealth of Puerto Rico, and the organized territories under the jurisdiction of the United States Government. The author's "widow" or "widower" is the author's surviving spouse under the law of his domicile at the time of his death, whether or not the spouse has later remarried. A "work made for hire" is: (1) a work prepared by an employee within the scope of his employment; or (2) a work specially ordered or commissioned for use as a contribution to a collective work, as a part of a motion picture, as a translation, or as a supplementary work, if the parties expressly agree in writing that the work shall be considered a work made for hire. § 102. Subject matter of copyright: In general Copyright protection subsists, in accordance with this title, in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device. Works of authorship include the following categories: (1) literary works; (2) musical works, including any accompanying words; (3) dramatic works, including any accompanying music; (4) pantomimes and choreographic works; (5) pictorial, graphic and sculptural works; (6) motion pictures; § 1. Subject matter of copyright: in general. Copyright protection subsists, in accordance with this title, in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device. Works of authorship include, but are not limited to, the following categories: (1) literary works; (2) musical works, including any accompanying words; (3) dramatic works, including any accompanying music; (4) choreopraphic works and pantomines; (5) pictorial, graphic, and sculptural works; § 1. SUBJECT MATTER OF COPYRIGHT: IN GENERAL (a) Copyright protection under this title shall be available for an original work of authorship fixed in any tangible medium of expression, now known or later developed, from which it can be visually or aurally perceived, reproduced, performed, or represented, either directly or with the aid of a machine or device. The subject matter of copyright shall include the following categories of work: (1) Nondramatic literary works, including works expressed in words, numbers, or symbols representing them. (2) Dramatic and dramatico-musi- (3) Choreographic works and pan- (5) Pictorial, graphic, and sculp- 1965 BILL PRESENT LAW (j) Photographs. (k) Prints and pictorial illustrations including prints or labels used for articles of merchandise. (1) Motion-picture photoplays. (m) Motion pictures other than photoplays. The above specifications shall not be held to limit the subject matter of copyright as defined in section 4 of this title *** § 103. Subject matter of copyright: Compilations and derivative works (a) The subject matter of copyright as specified by section 102 includes compilations and derivative works, but protection for a work employing pre-existing material in which copyright subsists does not extend to any part of the work in which such material has been used unlawfully. (b) The copyright in a compilation or derivative work extends only to the material contributed by the author of such work, as distinguished from the pre-existing material employed in the work, and does not imply any exclusive right in the pre-existing material. The copyright in such work is independent of, and does not affect or enlarge the scope, duration, ownership, or subsistence of any copyright protection in the pre-existing material. § 7. COPYRIGHT ON COMPILATIONS OF WORKS IN PUBLIC DOMAIN OR OF COPYRIGHTED WORKS; SUBSISTING COPYRIGHTS NOT AFFECTED.-Compilations or abridgments, adaptations, arrangements, dramatizations, translations, or other versions of works in the public domain or of copyrighted works when produced with the consent of the proprietor of the copyright in such works, or works republished with new matter, shall be regarded as new works subject to copyright under the provisions of this title; but the publication of any such new works shall not affect the force or validity of any subsisting copyright upon the matter employed or any part thereof, or be construed to imply an exclusive right to such use of the original works, or to secure or extend copyright in such original works. |