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A.188.8.131.52 Copyright Protection for Data Bases.
In general, data bases, whether in printed or machine-
2. Complying with the requirements of copyright notice and
deposit of copies, as may be necessary for effective
A.184.108.40.206 The Production of Data Bases.
The indexing of documents in order to compile a biblio-
The typical abstracts in data bases are no more than brief
A.220.127.116.11 The Use of Copyrighted Data Bases in Computerized Systems.
1. Where a system operator obtains a machine-readable data
base from the publisher, the lease agreement between them
Where the publisher of a copyrighted compilation of data does not offer machine-readable copies, an operator who wishes to place that compilation in his data base system should be expected to ask the publisher to make and supply a machine-readable copy or to permit the operator to make one for use in his system. Where the publisher then refuses or fails to accede to such request, a valid argument could be made for a compulsory license.
It can be assumed that the publishers of machine-readable copies of copyrighted compilations of data will generally lease them, but not sell them, to system operators. An operator who is offered such a copy from a third person should therefore be suspicious of its legitimacy, and should be held liable if he acquires such a copy that was made or supplied to him in violation of the copyright.
If a system operator makes his own machine-readable copy
If a license for the use of a copyrighted data base in a
If a user of a system were to extract from it an entire copyrighted data base or a major part of it, he would be infringing the copyright. Practical arrangements for preventing and detecting such infringements seem feasible.
A.18.104.22.168 Exclusive and Compulsory Licenses for the Use of Data Bases. In order to facilitate the development of computerized systems that will contain all the data bases needed for comprehensive coverage of any subject area, and also to prevent the monopolization of data base search services by one or two systems, consideration should be given to a scheme for precluding exclusive licenses for the use of data
bases in individual systems. One such scheme would be a statutory provision for the compulsory licensing for use in all systems, of a data base licensed for use in any one system.
A.22.214.171.124 Full-Text Storage and Retrieval of Documents in Computerized Systems.
1. The questions as to input and output of copyrighted docu
ments are substantially the same as those pertaining to
There has been considerable discussion as to whether the
A.1.3.9 Unique Characteristics of Computerized STI Systems. It can be deduced from the analysis of copyright questions relating to the use of copyrighted works in computer systems that such uses present special characteristics not present in the traditional ways of using copyrighted material. The following special features of computer uses seem particularly significant:
1. Copyrighted works in their usual form of printed pages are
usable in that form in other media, but must be converted to machine-readable form for use in computer systems.
The availability to researchers and other users of the works placed in a computerized STI system will tend to displace the market that would otherwise exist for the sale of copies of the works to them.
3. Computerized STI systems, to realize their potential value
for research, must seek to include comprehensively the whole body of works extant in any particular field of science or technology.
Exclusive licensing of copyrighted works for use in one
The first two of these special features would seem to indicate that the copyright law should recognize, as it now appears to do, that the conversion of copyrighted works into machine-readable form and their input and output in the operation of computerized STI systems require the consent of the copyright owner. The last two of these special features would seem to indicate that there may be a need to establish, at least in some situations, either voluntary "clearinghouse" systems for the blanket licensing, on a nonexclusive basis, of the use of copyrighted works in computer systems, or a statutory system of compulsory licensing for the use of such works in those systems.
A.1.3.10 Clearinghouses and Compulsory Licenses. The clearinghouses operated by the American Society of Composers, Authors, and Publishers (ASCAP) and by Broadcast Music, Inc. (BMI) for the blanket licensing of public performances of musical compositions, have frequently been cited as possible models that might be adaptable for the blanket licensing of reproduction rights in journal articles and other works. The operation of these two organizations and the factors that have contributed most importantly to their effectiveness are outlined in this report. Some of the major problems that would be faced in attempting to establish a clearinghouse for the reproduction of journal articles are mentioned and some approaches for meeting those problems are suggested in the report.
Provisions for a compulsory license for the recording of copyrighted musical compositions were enacted in the Copyright Act of 1909. That compulsory license was designed to prevent the establishment of a monopoly in making recordings of music under exclusive licenses that would otherwise have been granted. One of the practical consequences of these compulsory licensing provisions, incidentally, has been the voluntary establishment by music publishers of a centralized agency (the Harry Fox Office) for the issuing of negotiated licenses on standard terms for the music of most of the major publishers.
The Copyright Act of 1976 provides for compulsory licenses of a different character in three additional situations: for the performance of music in jukeboxes, for CATV retransmissions of broadcasts of copyrighted material, and for the use of certain works in noncommercial broadcasting. These three compulsory licensing systems are examples of blanket, nonexclusive licensing established by statute. The purpose of the compulsory license in these three instances is not to prevent a monopoly, but is to avoid the difficulties and high transaction costs that would be entailed if the user groups had to obtain licenses from and pay fees to the individual copyright owners.
If a voluntary clearinghouse satisfactory to both copyright owners and users can be organized, that would seem to be preferable over a st tutory compulsory licensing scheme. Among other reasons mentioned for this preference, perhaps the most important is the greater flexibility of a voluntary arrangement and its easier accommodation, by negotiations between the groups concerned, to experience and changing circumstances.