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A.2.2.5 Use of Music in Sound Tracks

A.2.2.6 Motion Pictures Under the New Act of 1976.
A.2.3 SOUND RECORDINGS ..
A.2.3.1 Right to Record Copyrighted Works.

A.2.3.1.1 Copyright Act of 1909.

A.2.3.1.2 Copyright Act of 1976. .
A.2.3.2 Sound Recordings as Copyrightable Works.

A.2.3.2.1 Congressional Legislation.
A.2.4 RADIO AND TELEVISION BROADCASTS

A.2.4.1 Broadcasting as Performance
A.2.4.2 Reception of Broadcasts as Performance
A.2.4.3 Wire Transmissions ..

A.2.4.4 Copyright Act of 1976
A.2.5 PHOTOCOPYING

A.2.5.1 The Copyright Act of 1976.
A.2.6 CABLE TELEVISION SYSTEMS .

A.2.6.1 The Copyright Act of 1976.
A.2.7 MICROFILM, VIDEOTAPE, AND COMPUTER PROGRAMS.

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A.4.1 BACKGROUND

A.4.1.1 Legislative History

A.4.1.2 Interested Groups.
A.4.2 SCOPE OF THIS SECTION.

A.4.2.1 Computer Programs.
A.4.2.2 Data Bases

A.4.2.3 Supplying Copyrighted Documents
A.4.3 COPYRIGHT PROTECTION FOR COMPUTER PROGRAMS
A.4.4 DATA BASE SYSTEMS.
A.4.4.1 Copyright Protection for Data Bases

A.4.4.1.1 Copyrightability
A.4.4.1.2 Copyright Notice on Data Bases
A.4.4.1.3 Deposit of Copies for Registration

A.4.4.1.4 Supplements to Update Data Bases
A.4.4.2 Compiling Data Bases

A.4.4.2.1 Bibliographic Indexes

A.4.4.2.2 Abstracts in Data Bases
A.4.4.3 Putting Copyrighted Data Bases into

Computer Systems .
A.4.4.3.1 Where Publishers Offer to Supply Machine

Readable Copies.
A.4.4.3.2 Where Publishers Do Not Offer Machine-

Readable Copies.

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A.4.4.3.3 Where Third Persons Offer to Supply

Machine-Readable Copies .
A.4.4.3.4 Input of Data Base as Use Subject to

Copyright
A.4.4.4 Output from Data Base.

A.4.4.4.1 Normal Output.
A.4.4.4.2 Extraction of Bulk of Data Base by User

of System
A.4.4.5 Exclusive and Compulsory Licenses for the

Use of Data Bases. ..
A.4.5 FULL TEXT STORAGE AND RETRIEVAL OF DOCUMENTS

A.4.5.1 Preliminary Observations .
A.4.5.2 Input and Output of Documents as

Infringement :
A.4.5.3 Input or Output as Occasion for Obtaining

License
A.4.6 BLANKET LICENSING AND COMPULSORY LICENSING FOR

REPRODUCTION OF DOCUMENTS. ..
A.4.6.1 Need for Blanket Licensing Mechanism
A.4.6.2 Voluntary Clearinghouse.

A.4.6.2.1 ASCAP and BMI as Models

A.4.6.2.2 Problem Areas
A.4.6.3 Compulsory Licensing

A.4.6.3.1 The Compulsory License for Jukeboxes
A.4.6.3.2 The Compulsory License for CATV Systems.
A.4.6.3.3 The Compulsory Licnese for Noncommercial

Broadcasting
A.4.6.4 Concluding Comments

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SUPPLEMENT 1 - STI TECHNOLOGY

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The National Bureau of Standards (NBS) retained CRC SYSTEMS Incorporated, 125 Church Street, Suite 202, Vienna, Virginia 22180 to perform an analysis of the impact of information technology on copyright law in the use of computerized Scientific and Technological Information Systems (STI). The purpose of this report is twofold: First, to identify and describe the recent (1900-1970) impacts of technology upon copyright law and second, to present and discuss the potential impact of STI systems upon copyright law.

The accelerated pace of technological change and development during the twentieth century has required major adaptations and adjustments in the body of copyright law that was set forth in the statutes previously enacted. The courts have to a large degree been called upon to adapt the pre-existing copyright statutes by interpretation, to the issues arising from the later development of technologies. By reviewing the more significant decisions, this report attempts to develop for the reader an understanding of the underlying principles and philosophies of the copyright statutes and the court decisions applying to them. With this background and framework of the adaptation heretofore of the copyright law to new technologies, the authors focus upon the new computerized STI technology and the issues that this technology may bring to bear upon the body of copyright law in existence at the time of writing this report.

A.1.2 SCOPE OF THE STUDY

Although the history of copyright law in the United States dates from 1790, the rapid development of technology, especially electronic-based technologies, has occurred mainly after 1909. In that year the copyright law was rewritten, and it was not until recently (1976) that it was again rewritten. This report therefore will examine the changes, interpretations, and modifications to the 1909 law, and the ramifications of the new 1976 Copyright Laws, as they relate to technological changes. The scope of this report is bounded by issues that developed as a direct or indirect consequence of the introduction of new technologies.

A.1.3 MAJOR FINDINGS AND CONCLUSIONS

This section summarizes the major findings and conclusions of this report.

A.1.3.1 Technological Innovation. Among the more important innovations in information technology which have had important effects on the applicability, interpretation, and enforceability of copyright law in the twentieth century are:

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A.1.3.2 Major Historical Issues. Each of the above new technologies has resulted in adaptation of the copyright statutes to the new products and processes growing out of the new technologies developed after the statutes were enacted. With regard to the technologies examined in this report several basic questions arose which required judicial, legislative, or Copyright Office intervention. Among the more important issues raised were:

1.

Is the new product copyrightable? (Motion pictures, sound recordings, microfilms, videotapes, computer programs.)

2.

What rights are covered by the copyright in the new product? (Motion pictures, sound recordings, computer programs.)

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Are new devices for using copyrighted works subject to the copyright? (Motion pictures, sound recordings, radio and television broadcasts, photocopying, cable television.)

These issues were dealt with and resolved principally by court decisions, of which the most significant are reviewed and analyzed in this report. Some relatively simple issues have been resolved as a practical matter by industry practice or by copyright Office interpretation of the statute. The same issues have been dealt with finally in the new Copyright Act of 1976.

A.1.3.3 Conclusions Relating to Adaptation of Copyright Law to New Technologies. We believe the following observations and conclusions may be drawn from all of these sources concerning the adaptation of the copyright statutes to the new products and processes growing out of

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