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On October 19, 1976, the bill for general revision of the copyright law (S. 22) was signed by the President and became Public Law 94-553. This marks the first major revision of the laws governing intellectual property in this country since 1909. Title 17 of the United States Code is amended in its entirety by PL 94-553. Effective date of new law: January 1, 1978.

On October 19, 1976, the bill for general revision of the copyright law (S. 22) was signed by the President and became Public Law 94-553. This marks the first major revision of the laws governing intellectual property in this country since 1909. Title 17 of the United States Code is amended in its entirety by PL 94-553. Effective date of new law: January 1, 1978.

BRIEF HIGHLIGHTS OF NEW COPYRIGHT LAW

The new law becomes effective January 1, 1978 and is generally not retroactive.
Exceptions include sec. 118 (noncommercial broadcasting), 304(b) (subsisting copy-
rights) and Chapter 8 (Copyright Royalty Tribunal) which take effect immediately.
Copyright duration is extended to the life of the author plus 50 years.

This brings U.S. law into conformity with international practice and
represents a fundamental change from the maximum 56-year duration (two
28-year terms) of present U.S. law which has been based on a system
enacted by the English Parliament in 1710. Under the new law, 50 years
after an author's death all his or her works copyrighted after 1977 fall
into the public domain at once. The Register of Copyrights is to main-
tain current records relating to the death of authors of copyrighted
works. When the new law becomes effective January 1, 1978, existing
copyrights under the old system will be extended to span a total term
of 75 years, automatically in the case of copyrights already renewed
for a second term, but only if renewed in the case of first-term copy-
rights. (sec. 302)

Fair use doctrine is given statutory recognition for first time.

Traditionally "fair use" has been a judicially created limitation on the
exclusive rights of the copyright owner, developed by the courts because
the 1909 copyright law made no provision for any kind of copying. Gen-
erally speaking, fair use allows copying of a limited amount of material
without permission from, or payment to, the copyright owner where the
use is reasonable and not harmful to the rights of the copyright owner.
(sec. 107)

Federal copyright law is extended to unpublished works,

Instead of the dual system of protection of works under state common
law before they are published and under federal law after publication,
the new law establishes a single system of statutory protection for all
works whether published or unpublished. (sec. 301)

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I old system of common law copyright is pre-empted.

The new copyright law pre-empts and abolishes any right under state com-
mon or statutory law that comes within the scope of the federal copy-
right law (except for rights in pre-1972 sound recordings which are covered
by state statute or common law until 2047). (sec. 301)

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Manufacturing clause is to be repealed.

The manufacturing clause which grants U.S. copyright to English language books and periodicals by American authors only if printed in the u.s. is to be repealed on July 1, 1982. Canada is exempted from the manufacturing clause as of January 1, 1978. (sec. 601)

Copyright liability is extended to two previously exempted groups -- cable television systems, and the operators of jukeboxes. Both will be entitled to compulsory licenses. (sec. 111, 116)

I A five-member Copyright Royalty Tribunal is to be established to review royalty

rates and settle disputes among parties entitled to several specified types of statutory royalties (in areas not directly affecting libraries). (sec. 801)

An American Television and Radio Archive is to be established in the
Library of Congress.

LIBRARIAN'S GUIDE TO THE NEW COPYRIGHT LAW

Introduction

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This paper is intended to provide librarians and media specialists with an introduction to the new copyright law which takes effect January 1, 1978, gins with a brief overview of how the law is organized, and follows with a suggested approach to determining how the new law might affect your library. essential that librarians become familiar with the library-related provisions of the new law before its 1978 effective date and evaluate current practices in the light of such provisions. The purpose of this paper is to assist you in this task.

It is important to understand at the outset that the new copyright law does not set up licensing or royalty schemes for library_copying. It states the kinds of copying Tibraries can do without such schemes. Agencies such as the National Commission on New Technological Uses of Copyrighted Works (CONTU) and the National Commission on Libraries and Information Science (NCLIS) are studying possible licensing and royalty systems which might be recommended in the future for use with major library reproduction not authorized by the new law. CONTU has until December 31, 1977 to complete its work which includes in addition to library photocopying a study of the copyright implications of computer and other automatic systems dealing with information storage, processing, retrieval or transfer.

How the Law is Organized

The seemingly formidable job of comprehending the new copyright law is made somewhat easier by a general understanding of how it is organized. It is important to know, for example, that the exclusive rights of the copyright owner stated in section 106 are limited by the provisions of sections 107-118. A brief guide to some of the law's numerical sections follows:

Sections
*101
*102-104
*105
+*106
+*107
+*108
+*109
+*110
*111
*112
*114
+*117
+*118

301-305
401-406

501-506
+*504

507

basic definitions of terms used throughout
works protected by copyright
U.S. government works excluded
exclusive rights of copyright owner
right of fair use
reproduction by library or archives
effect of transfer of a particular copy
performances and displays for nonprofit purposes
secondary transmissions
ephemeral recordings
sound recordings (scope of exclusive rights)
computers and similar information systems
noncommercial broadcasting
duration of copyright
notice of copyright
copyright infringement
innocent infringement by libraries
statute of limitations
manufacturing clause
importation of copies by libraries
Library of Congress reproduction for blind & handicapped
copyright royalty tribunal

601
+*602 (a) (3)

710
810

*indicates that the statutory language of this section is included in Appendix I and +indicates relevant congressional report language is included in Appendix II. Sections not marked with asterisk (*) or plus (+) are not included in this paper.

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