69 1 (c) In section 1498 (b) of title 28 of the United States Code, the 2 phrase "section 101 (b) of title 17" is amended to read "section 504 (c) 3 4 5 6 7 8 9 of title 17". (d) Section 543 (a) (4) of the Internal Revenue Code of 1954, as amended, is amended by striking out "(other than by reason of section 2 or 6 thereof)". (e) Section 4152(a) of title 39 of the United States Code is amended by striking out clause (5). (f) In section 6 of the Standard Reference Data Act (section 10 290 (e) of title 15 of the United States Code, Supplement IV), subsection (a) is amended to delete the reference to "section 8" and to substitute therefor the phrase "section 105". 11 12 13 14 16 SEC. 106. In any case where, before January 1, 1975, a person has lawfully made parts of instruments serving to reproduce mechani15 cally a copyrighted work under the compulsory license provisions of section 1(e) of title 17 as it existed on December 31, 1974, he may 17 continue to make and distribute such parts embodying the same mechanical reproduction without obtaining a new compulsory license under the terms of section 115 of title 17 as amended by this title. However, such parts made on or after January 1, 1975, constitute 21 phonorecords and are otherwise subject to the provisions of said section 115. 18 19 20 22 23 24 SEC. 107. In the case of any work in which an ad interim copyright is subsisting or is capable of being secured on December 31, 1974, under section 22 of title 17 as it existed on that date, copyright pro26 tection is hereby extended to endure for the term or terms provided by section 304 of title 17 as amended by this title. 25 27 28 29 30 31 32 33 34 35 SEC. 108. The notice provisions of sections 401 through 403 of title 17 as amended by this title apply to all copies or phonorecords publicly distributed on or after January 1, 1975. However, in the case of a work published before January 1, 1975, compliance with the notice provisions of title 17 either as it existed on December 31, 1974, or as amended by this title, is adequate with respect to copies publicly distributed after December 31, 1974. SEC. 109. The registration of claims to copyright for which the 36 required deposit, application, and fee were received in the Copyright 37 Office before January 1, 1975, and the recordation of assignments of copyright or other instruments received in the Copyright Office before January 1, 1975, shall be made in accordance with title 17 as it existed on December 31, 1974. 38 39 40 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 70 SEC. 110. The demand and penalty provisions of section 14 of title 17 as it existed on December 31, 1974, apply to any work in which copyright has been secured by publication with notice of copyright on or before that date, but any deposit and registration made after that date in response to a demand under that section shall be made in accordance with the provisions of title 17 as amended by this title. SEC. 111. All causes of action that arose under title 17 before January 1, 1975, shall be governed by title 17 as it existed when the cause of action arose. SEC. 112. If any provision of title 17, as amended by this title, is declared unconsititutional, the validity of the remainder of the title is not affected. TITLE II-NATIONAL COMMISSION ON NEW TECHNO LOGICAL USES OF COPYRIGHTED WORKS ESTABLISHMENT AND PURPOSE OF COMMISSION SEC. 201. (a) There is hereby created in the Library of Congress a 17 National Commission on New Technological Uses of Copyrighted Works (hereafter called the Commission). 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 (b) The purpose of the Commission is to study and compile data on: (1) the reproduction and use of copyrighted works of authorship (A) in conjunction with automatic systems capable of storing, processing, retrieving, and transferring information, and (B) by various forms of machine reproduction, not including reproduction by or at the request of instructors for use in face-to-face teaching activities; and (2) the creation of new works by the application or intervention of such automatic systems or machine reproduction. (c) The Commission shall make recommendations as to such changes in copyright law or procedures that may be necessary to assure for such purposes access to copyrighted works, and to provide recognition of the rights of copyright owners. MEMBERSHIP OF THE COMMISSION SEC. 202. (a) The Commission shall be composed of thirteen voting members, appointed as follows: (1) Four members, to be appointed by the President, selected from authors and other copyright owners; (2) Four members, to be appointed by the President, selected from users of copyright works; (3) Four nongovernmental members to be appointed by the President, selected from the public generally; 1 2 3 4 5 6 7 8 9 10 11 12 13 14 16 71 (4) The Librarian of Congress. (b) The President shall appoint a Chairman, and a Vice Chairman who shall act as Chairman in the absence or disability of the Chairman or in the event of a vacancy in that office, from among the four members selected from the public generally, as provided by clause (3) of subsection (a). The Register of Copyrights shall serve ex officio as a nonvoting member of the Commission. (c) Seven voting members of the Commission shall constitute a quorum. (d) Any vacancy in the Commission shall not affect its powers and shall be filled in the same manner as the original appointment was made. COMPENSATION OF MEMBERS OF COMMISSIONS SEC. 203. (a) Members of the Commission, other than officers or 15 employees of the Federal Government, shall receive compensation at the rate of $100 per day while engaged in the actual performance of Commission duties, plus reimbursement for travel, subsistence, and other necessary expenses in connection with such duties. 17 18 19 20 (b) Any members of the Commission who are officers or employees of the Federal Government shall serve on the Commission without compensation, but such members shall be reimbursed for travel, 22 subsistence, and other necessary expenses in connection with the per23 formance of their duties. SEC. 204. (a) To assist in its studies, the Commission may appoint 26 a staff which shall be an administrative part of the Library of 27 Congress. The staff shall be headed by an Executive Director, who 28 shall be responsible to the Commission for the Administration of the 29 duties entrusted to the staff. 30 31 32 33 34 (b) The Commission may procure temporary and intermittent services to the same extent as is authorized by section 3109 of title 5, United States Code, but at rates not to exceed $100 per day. EXPENSES OF THE COMMISSION SEC. 205. There are hereby authorized to be appropriated such sums 35 as may be necessary to carry out the provisions of this title. 37 SEC. 206. (a) Within one year after the first meeting of the Com38 mission it shall submit to the President and the Congress a preliminary (b) Within three years after the enactment of this Act the Com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 72 mission shall submit to the President and the Congress a final report on its study and investigation which shall include its recommendations and such proposals for legislation and administrative action as may be necessary to carry out its recommendations. (c) In addition to the preliminary report and final report required by this section, the Commission may publish such interim reports as it may determine, including but not limited to consultant's reports, transcripts of testimony, seminar reports, and other Commission findings. POWERS OF THE COMMISSION SEC. 207. (a) The Commission or, with the authorization of the Commission, any three or more of its members, may, for the purpose of carrying out the provisions of this title, hold hearings, administer oaths, and require, by subpoena or otherwise, the attendance and testimony of witnesses and the production of documentary material. (b) With the consent of the Commission, any of its members may hold any meetings, seminars, or conferences considered appropriate to provide a forum for discussion of the problems with which it is dealing. TERMINATION SEC. 208. On the sixtieth day after the date of the submission of its final report, the Commission shall terminate and all offices and employment under it shall expire. TITLE III-PROTECTION OF ORNAMENTAL DESIGNS SEC. 301. (a) The author or other proprietor of an original ornamental design of a useful article may secure the protection provided by this title upon complying with and subject to the provisions hereof. (b) For the purposes of this title (1) A "useful article" is an article which in normal use has an intrinsic utilitarian function that is not merely to portray the appearance of the article or to convey information. An article which normally is a part of a useful article shall be deemed to be a useful article. (2) The "design of a useful article", hereinafter referred to as a "design", consists of those aspects or elements of the article, including its two-dimensional or three-dimensional features of shape and surface, which make up the appearance of the article. (3) A design is "ornamental" if it is intended to make the article attractive or distinct in appearance. 1 2 3 4 73 (4) A design is "original" if it is the independent creation of an author who did not copy it from another source. DESIGNS NOT SUBJECT TO PROTECTION SEC. 302. Protection under this title shall not be available for a 5 design that is— 6 7 8 9 10 11 12 13 14 15 16 17 18 19 (a) not original; (b) staple or commonplace, such as a standard geometric figure, familiar symbol, emblem, or motif, or other shape, pattern, or configuration which has become common, prevalent, or ordinary; (c) different from a design excluded by subparagraph (b) above only in insignificant details or in elements which are variants commonly used in the relevant trades; or (d) dictated solely by a utilitarian function of the article that embodies it; (e) composed of three-dimensional features of shape and surface with respect to men's, women's, and children's apparel, including undergarments and outerwear. REVISIONS, ADAPTATIONS, AND REARRANGEMENTS SEC. 303. Protection for a design under this title shall be available 20 notwithstanding the employment in the design of subject matter ex21 cluded from protection under section 302, if the design is a substantial 22 revision, adaptation, or rearrangement of said subject matter: Pro23 vided, That such protection shall be available to a design employing 24 subject matter protected under title I of this Act, or title 35 of the 25 United States Code or this title, only if such protected subject matter is employed with the consent of the proprietor thereof. Such pro27 tection shall be independent of any subsisting protection in subject 28 matter employed in the design, and shall not be construed as securing any right to subject matter excluded from protection or as extending any subsisting protection. SEC. 304. (a) The protection provided for a design under this title 33 shall commence upon the date when the design is first made public. (b) A design is made public when, by the proprietor of the design or with his consent, an existing useful article embodying the design 36 is anywhere publicly exhibited, publicly distributed, or offered for sale or sold to the public. 39 SEC. 305. (a) Subject to the provisions of this title, the protection herein provided for a design shall continue for a term of five years 40 20-344 73-6 |