Lapas attēli
PDF
ePub

Additional material-Continued

Marshall, Nancy H., director, Wisconsin Interlibrary Loan Service,
Madison, Wis., letter dated May 6, 1975, to Hon. Robert W.
Kastenmeier___.

Mathews, Hon. David, Secretary, Department of Health, Education,
and Welfare, prepared statement.

Mercer, Johnny, composer, prepared statement_
Mergenthaler Linotype Co., prepared statement.

Page

215

261

381

1054

1640

825, 1385

Nathan, Robert R., president, Robert R. Nathan Associates, Inc.,
letter dated October 24, 1975, to Hon. Robert W. Kastenmeier.
National Broadcasting Co., Inc., prepared statement----
National Music Publishers Association and American Guild of Authors
& Composers, prepared statement..

Nimmer, Prof. Melville B., professor of law, UCLA School of Law,
prepared statement_.

Norwood, Frank W., executive secretary, Joint Council on Educational
Telecommunications, letter dated July 10, 1975, to Hon. Robert W.
Kastenmeier.

Parker, Michael, director, Typographical Development Mergenthaler
Linotype Co., letter dated July 28, 1975, to Hon. Robert W.
Kastenmeier__

920

1038

883

1041

Passano, William M., chairman of the board, Williams & Wilkins Co., prepared statement.

Rayin, Mona (R.N.), instructor coordinator of R.N. Programs and
Outreach, letter dated August 12, 1975, to Hon. Don Young-
"Registration of Original Typeface Designs: Extension of Comment
Period," vol., No. 223, Federal Register, November 18, 1975-------
"Registration of Original Typeface Designs," vol. 39, No. 176, Federal
Register, September 10, 1974__

260

214

1017

1016

Ringer, Barbara, Register of Copyrights, letter dated June 6, 1975, to
Hon. Robert W. Kastenmeier.

1008

Ruck, Don V., vice president, National Hockey League, prepared statement_ _ _

813

Schrader, Dorothy M., General Counsel, Copyright Office, prepared statement__.

1015

Stevens, Hon. Ted, a U.S. Senator From the State of Alaska, letter dated October 8, 1975, to Hon. Robert W. Kastenmeier___ Steuermann, Clara, president, Music Library Association, prepared statement.

1659

207

"The Great American Rip-Off," by Mike Terranova, a pamphlet published by the Independent Record and Tape Association of America___.

1265

Times Mirror, prepared statement_ _ _ _

852

"Typeface Design Protection," statement of position of the American Institute of Graphic Arts..

1226

Valenti, Jack, president, Motion Picture Association of America, Inc., letters to Hon. Robert W. Kastenmeier

September 10, 1975..

1724

November 7, 1975

1736

Vanantwerpen, F. J., president, Council of Engineering and Scientific
Society Executives, prepared statement ___.

369

Wally, Alan I., president, Record and Tape Association of America,
letter dated July 22, 1975, to Hon. Robert W. Kastenmeier...
Warren, Albert, chairman, Copyright Committee, Independent News-
letter Association, prepared statement.

1263

367

Wigron, Harold E., National Education Associations..

276

Woodriff, Dr. Ray, Department of Chemistry, Montana State University, prepared statement_ __

265

Young, Hon. Don, a Representative in Congress From the State of
Alaska, letter dated October 2, 1975, to Hon. Robert W.
Kastenmeier.

214

Appendixes

1917

Appendix 1.-Teleprompter Corp. memorandum on Constitutionality of Proposed Copyright Legislation (H.R. 2223)_. Appendix 2.-18 briefing papers submitted by the Copyright Office 2051 Appendix 3.-Report of Working Group of Conference on Resolution of Copyright Issues (dealing with library photocopying) Appendix 4.-Miscellaneous communications...

2092

2124

COPYRIGHT LAW REVISION

WEDNESDAY, MAY 7, 1975

HOUSE OF REPRESENTATIVES,

SUBCOMMITTEE ON COURTS, CIVIL LIBERTIES,

AND THE ADMINISTRATION OF JUSTICE

OF THE COMMITTEE ON THE JUDICIARY

Washington, D.C.

The subcommittee met, pursuant to notice, at 10:10 a.m., in room 2226, Rayburn House Office Building, Hon. Robert W. Kastenmeier [chairman of the subcommittee] presiding.

Present: Representatives Kastenmeier, Danielson, Drinan, Pattison, Railsback, and Wiggins.

Also present: Herbert Fuchs and Bruce A. Lehman, counsels; and Thomas E. Mooney, associate counsel.

Mr. KASTENMEIER. The committee will come to order. We have met this morning to begin subcommittee hearings on H.R. 2223, introduced by the Chair, for the general revision of the copyright law.

Ten years ago this month in this room the subcommittee began what turned out to be 22 days of public hearings on a bill having the same purpose, namely, the total revision of title 17, United States Code, the copyright law.

The 1965 hearings, followed by many subcommittee meetings, resulted in a revision bill being reported to and passed by the House of Representatives on April 11, 1967. The Senate, however, failed to act on that bill and the House-passed bill expired.

In September 1974, when the Senate at last did pass a copyright law revision bill, the involvement of the House Judiciary Committee in the nomination of Nelson Rockefeller to be Vice President prevented House consideration of the measure during what was left of 1974. However, the Congress did enact legislation creating a National Commission on New Technological Uses of Copyrighted Works, of which the President is to appoint the members.

With the coming of 1975, Senator McClellan reintroduced the 1974 Senate-passed bill as S. 22, and the Chair introduced an identical bill in the House under the number H.R. 2223. Title II of the bills S. 22 and H.R. 2223, go beyond providing copyright law revision, and provide protection of ornamental designs of useful articles.

In addition, the subcommittee has before it two measures directly related to the proposed revision. One of these, H.R. 5345, introduced by our subcommittee colleague, Mr. Danielson, would create a performer's royalty as part of the bundle of rights known as copyright. The other, H.R. 4965, introduced by Mr. Won Pat, would authorize the making of video tapes for transmission on noncontiguous cable television systems, that is, in places other than the 48 mainland States.

H.R. 2223, H.R. 5345, and H.R. 4965 will be placed in the record of the hearings at the conclusion of this statement.

Article I, section 8 of the Federal Constitution empowers Congress "to promote the progress of science and useful arts, by securing to authors *** the exclusive right to their *** writings ***." At the very least, therefore, Congress has the constitutional obligation to determine whether and to what extent the progress of the useful arts will be promoted by congressional grants of exclusivity for the writings of authors.

The purpose of the pending legislation is, in short, to bring up to date the copyright law which has not been substantially revised since 1909. It should be our commitment to correct this neglect, for the great and growing acceleration of technology and the resultant new uses of copyrighted works have rendered much of the existing law inadequate and obsolete.

The subcommittee is pleased, this morning, to open the hearings by welcoming witnesses from the Library of Congress. We have the Honorable John G. Lorenz, Acting Librarian of Congress; Abraham L. Kaminstein, former Register of Copyrights who went through the 1965-67 hearings with us, and Barbara Ringer, also an old friend, the present Register of Copyrights. Mr. Lorenz, will you begin?

[H.R. 2223, H.R. 5345, and H.R. 4965 are as follows:]

94TH CONGRESS 1ST SESSION

H. R. 2223

IN THE HOUSE OF REPRESENTATIVES

JANUARY 28, 1975

Mr. KASTEN MEIER introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

For the general revision of the Copyright Law, title 17 of the United States

Code, and for other purposes.

1

Be it enacted by the Senate and House of Representatives of the

2 United States of America in Congress assembled,

3

4

TITLE I-GENERAL REVISION OF COPYRIGHT LAW
SEC. 101. Title 17 of the United States Code, entitled "Copyrights",

5 is hereby amended in its entirety to read as follows:

[blocks in formation]

7 Chapter 1.-SUBJECT MATTER AND SCOPE OF COPYRIGHT

Sec.

101. Definitions.

102. Subject matter of copyright: In general.

103. Subject matters of copyright: Compilations and derivative works.

104. Subject matter of copyright: National origin.

105. Subject matter of copyright: United States Government works.

106. Exclusive rights in copyrighted works.

107. Limitations on exclusive rights: Fair use.

108. Limitations on exclusive rights: Reproduction by libraries and archives.

[blocks in formation]

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 performances 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 "compilation" includes 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

« iepriekšējāTurpināt »