Data Base Subcommittee Report & Additional Views

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National Commission on New Technological Uses of Copyrighted Works, 1977 - 18 lappuses

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12. lappuse - Publication" is the distribution of copies or phonorecords of a work to the public by sale or other transfer of ownership, or by rental, lease, or lending. The offering to distribute copies or phonorecords to a group of persons for purposes of further distribution, public performance, or public display, constitutes publication. A public performance or display of a work does not of itself constitute publication. To perform or display a work "publicly...
1. lappuse - Complete space 6 if this work is a "changed version," "compilation," or "derivative work," and if it incorporates one or more earlier works that have already been published or registered for copyright, or that have fallen into the public domain. A "compilation" is defined as "a work formed by the collection and assembling of preexisting materials or of data that are selected, coordinated, or arranged in such a way that the resulting work as a whole constitutes an original work of authorship.
4. lappuse - Notwithstanding the provisions of sections 106 through 116 and 1 18, this title does not afford to the owner of copyright in a work any greater or lesser rights with respect to the use of the work in conjunction with automatic systems capable of storing, processing, retrieving, or transferring information, or in conjunction with any similar device, machine, or process, than those afforded to works under the law, whether title 17 or the common law or statutes of a State, in effect on December 31....
13. lappuse - The reports also state that it is clear that any form of dissemination in which the material object does not change hands, for example, performances or displays on television, is not a publication no matter how many people are exposed to the work.
13. lappuse - The legislative reports define "to the public" as distribution to persons under no explicit or implicit restrictions with respect to disclosure of the contents. The reports state that the definition makes it clear that the sale of phonorecords constitutes publication of the underlying work, for example, the musical, dramatic, or literary work embodied in a phonorecord.
2. lappuse - literary works" does not connote any criterion of literary merit or qualitative value; it includes catalogs, directories, and similar factual, reference, or instructional works and compilations of data. It also includes computer data bases, and computer programs to the extent that they incorporate authorship in the programmer's expression of original ideas, as distinguished from the ideas themselves.273 27IH.R.
10. lappuse - The use of one item retrieved from such a work — be it an address, a chemical formula, or a citation to an article — would not . . . conceivably constitute infringement of copyright. The retrieval and reduplication of any substantial portion of a data base, whether or not the individual data are in the public domain, would likely constitute a duplication of the copyrighted element of a data base and would be an infringement.
7. lappuse - ... 5. Legislative history of the 1976 Copyright Act: see IA2., above. 6. See generally the CONTU Final Report at 38-43. Concerning input to a database, the Report states (p. 40): "[T]he Commission believes that the application of principles already embodied in the language of the new copyright law achieves the desired substantive legal protection for copyrighted works which exist in machinereadable form. The introduction of a work into a computer memory would, consistent with the new law, be a reproduction...
10. lappuse - Similar also to a telephone directory, copyright in a dynamic data base protects no individual datum, but only the systematized form in which the data are presented. . . . The...

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