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COPYRIGHT LAW REVISION
WEDNESDAY, MAY 7, 1975
HOUSE OF REPRESENTATIVES,
AND THE ADMINISTRATION OF JUSTICE
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
Article I, section 8 of the Federal Constitution empowers Congress
The purpose of the pending legislation is, in short, to bring up to
The subcommittee is pleased, this morning, to open the hearings by
[H.R. 2223, H.R. 5345, and H.R. 4965 are as follows:
H. R. 2223
IN THE HOUSE OF REPRESENTATIVES
JANUARY 28, 1975
mittee on the Judiciary
Code, and for other purposes.
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 "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
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 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 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 a whole, represent an original work of authorship, is a “derivative work.”
A "device," machine," or "process" is one now known or later developed
To "display” a work means to show a copy of it, either directly or by means of a film, slide, television image, or any other device or process or, in the case of a motion picture or other audiovisual work, to show individual images nonsequentially.
A work is "fixed” in a tangible medium of expression when its embodiment in a copy or phonorecord, by or under the authority of the author, is sufficiently permanent or stable to permit it to be perceived, reproduced, or otherwise communicated for a period of more than transitory duration. A work consisting of sounds. images, or both, that are being transmitted, is "fixed" for purposes of this title if a fixation of the work is being made simultaneously with its transmission.
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 other than audiovisual works,