ENACTMENT OF TITLE 17 OF THE UNITED STATES CODE INTO POSITIVE LAW

FEBRUARY 15, 1945.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed

Mr. KEOGH, from the Committee on Revision of the Laws, submitted the following

REPORT

[To accompany H. R. 2199]

The Committee on Revision of the Laws submits the following report in explanation of the bill (H. R. 2199) to codify and enact into positive law title 17 of the United States Code, entitled "Copyrights."

PURPOSE OF THE BILL

This bill is intended to codify and enact into positive law the various provisions of law contained in the United States Code relating to copyrights. Under existing law these provisions, which have been taken from various acts of Congress and which are contained principally in title 17 of the United States Code, are merely prima facie evidence of the law. The enactment of this bill would enable anyone interested in the copyright law to find all the positive statutory law on the subject in one place, viz, title 17 of the United States Code, without having recourse to a number of volumes of the Statutes at Large as is presently necessary.

This is the fifth of a series of bills introduced by Mr. Keogh and reported favorably by this committee, having as their ultimate. purpose the enactment into positive law of all the titles of the United States Code. The first four of these bills affecting titles 1, 4, 6, and 9, respectively, have passed the House of Representatives unanimously in the Seventy-seventh and Seventy-eighth Congresses.

This program is, of course, an ambitious one which will involve considerable research and work, but it is believed that the accomplishment of such task is highly desirable and necessary in view of the vast amount of legislation enacted since the last complete revision in 1874. The adoption of the United States Code in 1926 as prima

facie evidence of the law was a tremendous step in the right direction. The enactment of the code into positive law, title by title, with the repeal of the former statutes constituting each title, is the next logical step. We wish to point out, in this connection, however, that unless the code structure thus erected is preserved and used as the basis of future legislation, all the work involved and the good accomplished by these and subsequent codification bills will have been in vain.

A similar bill (H. R. 4408) was introduced in the Seventy-eighth Congress, and the following letter was received from Mr. Richard C. DeWolf, Acting Registrar of Copyrights, in connection therewith: MARCH 29, 1944.

Hon. EUGENE J. KEOGH,

House Office Building, Washington, D. C.

MY DEAR CONGRESSMAN: My attention has been called to the bill (H. R. 4408) to codify and enact into absolute law title 17 of the United States Code, and it has been the subject of discussion between your counsel, Mr. Zinn, the Assistant Register of Copyrights, Mr. Howell, and myself. As the result of this discussion we have suggested a few modifications mostly in the way of omitting certain provisions which have become obsolete as to any present effect. A memorandum has been sent to Mr. Zinn embodying the proposals of change.

Our feeling in the Copyright Office in regard to the bill as a whole is that its enactment would be distinctly advantageous since it combines under a single title all existing copyright legislation. The rearrangement of the various sections of the code including all existing legislation and the division into chapters each with its own system of section numbers, would tend to clarity and greater facility of reference.

Very truly yours,

RICHARD C. DEWOLF, Acting Register of Copyrights.

The modifications suggested by Mr. DeWolf have been incorporated in the bill reported herewith.

In compliance with clause 2a of rule XIII, the changes in existing law are given below.

PROPOSED LAW

(United States Code, title 17)

§ 1. EXCLUSIVE RIGHTS AS TO COPYRIGHTED WORKS. Any person entitled thereto, upon complying with the provisions of this title, shall have the exclusive right:

(a) To print, reprint, publish, copy, and vend the copyrighted work;

(b) To translate the copyrighted work into other languages or dialects, or make any other version thereof, if it be a literary work; to dramatize it if it be a nondramatic work; to convert it into a novel or other nondramatic work if it be a drama; to arrange or adapt it if it be a musical work; to complete, execute, and finish it if it be a model or design for a work of art;

(c) To deliver or authorize the delivery of the copyrighted work in public for profit if it be a lecture, sermon, address, or similar production;

EXISTING LAW (TO BE REPEALED)

Act March 4, 1909 (ch. 320, sec. 1, 35 Stat. 1075 (17 U. S. C., 1940 ed., sec. 1))

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, any person entitled thereto, upon complying with the provisions of this Act, shall have the exclusive right:

(a) To print, reprint, publish, copy, and vend the copyrighted work;

(b) To translate the copyrighted work into other languages or dialects, or make any other version thereof, if it be a literary work; to dramatize it if it be a nondramatic work; to convert it into a novel or other nondramatic work if it be a drama; to arrange or adapt it if it be a musical work; to complete, execute, and finish it if it be a model or design for a work of art;

(c) To deliver or authorize the delivery of the copyrighted work in public for profit if it be a lecture, sermon, address, or similar production;

PROPOSED LAW

EXISTING LAW (TO BE REPEALED)

(d) To perform or represent the copy- (d) To perform or represent the copyrighted work publicly if it be a drama righted work publicly if it be a drama or, if it be a dramatic work and not or, if it be a dramatic work and not reproduced in copies for sale, to vend reproduced in copies for sale, to vend any manuscript or any record whatso- any manuscript or any record whatsoever thereof; to make or to procure ever thereof; to make or to procure the the making of any transcription or making of any transcription or record record thereof by or from which, in thereof by or from which, in whole or whole or in part, it may in any manner in part, it may in any manner or by or by any method be exhibited, per- any method be exhibited, performed, formed, represented, produced, or repro- represented, produced, or reproduced; duced; and to exhibit, perform, repre- and to exhibit, perform, represent, prosent, produce, or reproduce it in any duce, or reproduce it in any manner or manner or by any method whatsoever; by any method whatsoever; and

(e) To perform the copyrighted work (e) To perform the copyrighted work publicly for profit if it be a musical com- publicly for profit if it be a musical composition and for the purpose of public position and for the purpose of public performance for profit; and for the performance for profit; and for the purpurposes set forth in subsection (a) poses set forth in subsection (a) hereof, hereof, to make any arrangement or to make any arrangement or setting of it setting of it or of the melody of it in any or of the melody of it in any system of system of notation or any form of notation or any form of record in which record in which the thought of an author the thought of an author may be remay be recorded and from which it may corded and from which it may be read be read or reproduced: Provided, That or reproduced: Provided, That the prothe provisions of this title, so far as they visions of this Act, so far as they secure secure copyright controlling the parts copyright controlling the parts of inof instruments serving to reproduce struments serving to reproduce memechanically the musical work, shall chanically the musical work, shall include only compositions published include only compositions published and copyrighted after July 1, 1909, and and copyrighted after this Act goes into shall not include the works of a foreign effect, and shall not include the works author or composer unless the foreign of a foreign author or composer unless state or nation of which such author or the foreign state or nation of which composer is a citizen or subject grants, such author or composer is a citizen or either by treaty, convention, agreement, subject grants, either by treaty, conor law, to citizens of the United States vention, agreement, or law, to citizens similar rights. And as a condition of of the United States similar rights: extending the copyright control to such And provided further, and as a condition mechanical reproductions, that when- of extending the copyright control to such ever the owner of a musical copyright mechanical reproductions, That whenhas used or permitted or knowingly ever the owner of a musical copyright acquiesced in the use of the copyrighted has used or permitted or knowingly work upon the parts of instruments serv- acquiesced in the use of the copyrighted ing to reproduce mechanically the work upon the parts of instruments musical work, any other person may serving to reproduce mechanically the make similar use of the copyrighted musical work, any other person may work upon the payment to the copy- make similar use of the copyrighted right proprietor of a royalty of 2 cents work upon the payment to the copyright on each such part manufactured, to be proprietor of a royalty of two cents on paid by the manufacturer thereof; and each such part manufactured, to be paid the copyright proprietor may require, by the manufacturer thereof; and the and if so the manufacturer shall furnish, copyright proprietor may require, and if a report under oath on the 20th day of so the manufacturer shall furnish, a each month on the number of parts of report under oath on the twentieth instruments manufactured during the day of each month on the number of previous month serving to reproduce parts of instruments manufactured mechanically said musical work, and during the previous month serving to royalties shall be due on the parts reproduce mechanically said musical manufactured during any month upon work, and royalties shall be due on the the 20th of the next succeeding month. The payment of the royalty provided for by this section shall free the articles or devices for which such royalty has

parts manufactured during any month upon the twentieth of the next succeeding month. The payment of the royalty provided for by this section shall free

PROPOSED LAW

EXISTING LAW (TO BE REPEALED)

Act March 4, 1909 (ch. 320, sec. 2, 35 Stat. 1076 (17 U. S. C., 1940 ed., sec. 2)),

§ 2. RIGHTS OF AUTHOR OR PROPRIE- SEC. 2. That nothing in this Act shall TOR OF UNPUBLISHED WORK.-Nothing be construed to annul or limit the right in this title shall be construed to annul of the author or proprietor of an unpubor limit the right of the author or pro- lished work, at common law or in equity, prietor of an unpublished work, at com- to prevent the copying, publication, or mon law or in equity, to prevent the use of such unpublished work without copying, publication, or use of such his consent, and to obtain damages unpublished work without his consent, therefor. and to obtain damages therefor.

Act March 4, 1909 (ch. 320, sec. 3, 35
Stat. 1076 (17 U. S. C., 1940 ed., sec. 3))

3. PROTECTION OF COMPONENT SEC. 3. That the copyright provided PARTS OF WORK COPYRIGHTED; COм- by this Act shall protect all the copyPOSITE WORKS OR PERIODICALS. The rightable component parts of the work copyright provided by this title shall copyrighted and all matter therein in protect all the copyrightable component which copyright is already subsisting parts of the work copyrighted and all but without extending the duration or matter therein in which copyright is scope of such copyright. The copyalready subsisting but without extend- right upon composite works or periing the duration or scope of such copy- odicals shall give to the proprietor right. The copyright upon composite thereof all the rights in respect thereto works or periodicals shall give to the which he would have if each part were proprietor thereof all the rights in individually copyrighted under this Act. respect thereto which he would have if each part were individually copyrighted under this title.

Act March 4, 1909 (ch. 320, sec. 4, 35 Stat. 1076 (17 U. S. C., 1940 ed., sec. 4))

SEC. 4. That the works for which copyright may be secured under this Act shall include all the writings of an author.

Act March 4, 1909 (ch. 320, sec. 4, 35 Stat. 1076 (17 U. S. C., 1940 ed., sec. 5))

SEC. 5. That the application for registration shall specify to which of the following classes the work in which copyright is claimed belongs:

(a) Books, including composite and cyclopædic works, directories, gazetteers, and other compilations;

(b) Periodicals, including newspapers. (c) Lectures, sermons, addresses, prepared for oral delivery;

(d) Dramatic or dramatico-musical compositions;

(e) Musical compositions;

(f) Maps;

(g) Works of art; models or designs for works of art;

(h) Reproductions of a work of art; (i) Drawings or plastic works of a scientific or technical character;