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§ 702. Copyright Office regulations

The Register of Copyrights is authorized to establish regulations not inconsistent with law for the administration of the functions and duties made his responsibility under this title. All regulations established by the Register under this title are subject to the approval of the Librarian of Congress.

§ 703. Effective of date of actions in Copyright Office

In any case in which time limits are prescribed under this title for the performance of an action in the Copyright Office, and in which the last day of the prescribed period falls on a Saturday, Sunday, holiday or other non-business day within the District of Columbia or the Federal Government, the action may be taken on the next succeeding business day, and is effective as of the date when the period expired.

§ 704. Retention and disposition of articles deposited in Copyright Office

(a) Upon their deposit in the Copyright Office under sections 406 and 407, all copies, phonorecords, and identifying material, including those deposited in connection with claims that have been refused registration, are the property of the United States Government.

(b) In the case of published works, all copies, phonorecords, and identifying material deposited are available to the Library of Congress for its collections, or for exchange or transfer to any other library. In the case of unpublished works, the Library is entitled to select any deposits for its collections.

(c) Deposits not selected by the Library under subsection (b), or identifying portions or reproductions of them, shall be retained under the control of the Copyright Office, including retention in Government storage facilities, for the longest period considered practicable and desirable by the Register of Copyrights and the Librarian of Congress. After that period it is within the joint discretion of the Register and the Librarian to order their destruction or other disposition; but, in the case of unpublished works, no deposit shall be destroyed or otherwise disposed of during its term of copyright without specific notice to the copyright owner of record at his last address given in the public records of the Copyright Office, permitting him to claim and remove it.

(d) The depositor of copies, phonorecords, or identifying material under section 407, or the copyright owner of record, may request retention under the control of the Copyright Office, of one or more of such articles for the full term of copyright in the work. The Register of Copyrights shall prescribe, by regulation, the conditions under which such requests are to be made and granted, and shall fix the fee to be charged under section 708 (11) if the request is granted. § 705. Copyright Office records: Preparations, maintenance, public inspection, and searching

(a) The Register of Copyrights shall provide and keep in the Copyright Office records of all deposits, registrations, recordations, and other actions taken under this title, and shall prepare indexes of all such records.

(b) Such records and indexes, as well as the articles deposited in connection with completed copyright registrations and retained under the control of the Copyright Office, shall be open to public inspection.

(c) Upon request and payment of the fee specified by section 708, the Copyright Office shall make a search of its public records, indexes, and deposits, and shall furnish a report of the information they disclose with respect to any particular deposits, registrations, or recorded documents.

§706. Copies of Copyright Office records

(a) Copies may be made of any public records or indexes of the Copyright Office; additional certificates of copyright registration and copies of any public records or indexes may be furinshed upon request and payment of the fees specified by section 708.

(b) Copies or reproductions of deposited articles retained under the control of the Copyright Office shall be authorized or furnished only under the conditions specified by the Copyright Office regulations.

§ 707. Copyright Office forms and publications

(a) CATALOG OF COPYRIGHT ENTRIES.-The Register of Copyrights shall compile and publish at periodic intervals catalogs of all copyright registrations. These catalogs shall be divided into parts in accordance with the various classes of

works, and the Register has discretion to determine, on the basis of practicability and usefulness, the form and frequency of publication of each particular part. (b) OTHER PUBLICATIONS.-The Register shall furnish, free of charge upon request, application forms for copyright registration and general informational material in connection with the functions of the Copyright Office. He also has authority to publish compilations of information, bibliographies, and other material he considers to be of value to the public.

(c) DISTRIBUTION OF PUBLICATIONS.-All publications of the Copyright Office shall be furnished to depository libraries as specified under the Depository Library Act of 1962 (76 Stat. 353, 44 U.S.C. 82), and, aside from those furnished free of charge, shall be offered for sale to the public at prices based on the cost of reproduction and distribution.

§ 708. Copyright Office fees

(a) The following fees shall be paid to the Register of Copyrights:

(1) for the registration of a copyright claim or a supplementary registration under section 407, including the issuance of a certificate of registration, $6;

(2) for the registration of a claim to renewal of a subsisting copyright in its first term under section 304 (a), including the issuance of a certificate of registration, $4;

(3) for the issuance of a receipt for a deposit under section 406, $2; (4) for the recordation, as provided by section 205, of a transfer of copyright ownership or other document of six pages or less, covering no more than one title, $5; for each page over six and for each title over one, 50 cents additional;

(5) for the filing, under section 113(b), of a notice of intention to make phonorecords, $3;

(6) for the recordation, under section 302(d), of a statement relating to the death of an author, $5;

(7) for the issuance, under section 601, of an import statement, $3; (8) for the issuance under section 706, of an additional certificate of registration, $2;

(9) for the issuance of any other certification, $3; the Register of Copyrights has discretion, on the basis of their cost, to fix the fees for preparing copies of Copyright Office records, whether they are to be certified or not; (10) for the making and reporting of a search as provided by section 705, and for any related services, $5 for each hour or fraction of an hour consumed;

(11) for any other special services requiring a substantial amount of time or expense, such fees as the Register of Copyrights may fix on the basis of the cost of providing the service.

(b) The fees prescribed by or under this section are applicable to the United States Government and any of its agencies, employees, or officers, but the Register of Copyrights has discretion to waive the requirement of this subsection in occasional or isolated cases involving relatively small amounts.

TRANSITIONAL AND SUPPLEMENTARY PROVISIONS

SEC. 2. This act becomes effective on January 1, 1967, except as otherwise provided by section 304 (b) of title 17 as amended by this act.

SEC. 3. This act does not provide copyright protection for any work that goes into the public domain before January 1, 1967. The exclusive rights, as provided by section 106(a) of title 17 as amended by this act, to reproduce a work in phonorecords and to distribute phonorecords of the work, do not extend to any nondramatic musical work copyrighted before July 1, 1909.

SEC. 4. All proclamations issued by the President under sections 1(e) or 9(b) of title 17 as it existed on December 31, 1966 or under previous copyright statutes of the United States shall continue in force until terminated, suspended, or revised by the President.

SEC. 5. The last sentence of section 52 of the Printing Act, approved January 12, 1895 (28 Stat. 608; 44 U.S.C. 58) is hereby repealed.

SEC. 6. In any case where, before January 1, 1967, a person has lawfully made parts of instruments serving to reproduce mechanically a copyrighted work under the compulsory license provisions of section 1(e) of title 17 as it existed on December 31, 1966, he may continue to make and distribute such parts embodying

the same mechanical reproduction without obtaining a new compulsory license under the terms of section 113 of title 17 as amended by this act. However, such parts made after January 1, 1967 constitute phonorecords and are otherwise subject to the provisions of said section 113.

SEC. 7. In the case of any work in which an ad interim copyright is subsisting or is capable of being secured on December 31, 1966, under section 22 of title 17 as it existed on that date, copyright protection is hereby extended to endure for the term or terms provided by section 304 of title 17 as amended by this act.

SEC. 8. The notice provisions of sections 401 and 402 of title 17 as amended by this act apply to all copies or phonorecords publicly distributed on or after January 1, 1967. However, in the case of a work published before January 1, 1967, compliance with the notice provisions of title 17 either as it existed on December 31, 1966, or as amended by this act, is adequate with respect to copies publicly distributed after December 31, 1966.

SEC. 9. The registration of claims to copyright for which the required deposit, application, and fee were received in the Copyright Office before January 1, 1967, and the recordation of assignments of copyright or other instruments received in the Copyright Office before January 1, 1967, shall be made in accordance with title 17 as it existed on December 31, 1966.

SEC. 10. The demand and penalty provisions of section 14 of title 17 as it existed on December 31, 1966, 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 act.

SEC. 11. All causes of action that arose under title 17 before January 1, 1967, shall be governed by title 17 as it existed when the cause of action arose.

SEC. 12. If any provision of title 17, as amended by this act, is declared unconstitutional, the validity of the remainder of the title is not affected.

HIGHLIGHTS OF 1965 BILL FOR GENERAL REVISION OF THE U.S. COPYRIGHT LAW

In February 1965, a new bill for general revision of the U.S. copyright law was introduced in the 89th Congress. The new 1965 bill, the highlights of which appear below, is in most major respects the same as the general revision bills introduced in the 88th Congress (S. 3008, H.R. 11947, H.R. 12354). There have been a number of technical changes intended to improve or clarify the language of the bill, and a few changes on matters of substance. Comments on the provisions of the bill may be sent to the chairmen of the House and Senate Judiciary Committees or to the Copyright Office. Single national system.—Instead of the present dual system of protecting works under the common law before they are published and under the Federal statute after publication, the bill would establish a single system of statutory protection for all works whether published or unpublished.

Duration of term.-The present term of copyright is 28 years from first publication or registration, renewable by certain persons for a second period of 28 years. The bill provides for a term of the author's life plus 50 years, in order to bring it into line with the copyright term in most countries. For anonymous works and works made for hire, the term would be 75 years from publication, with a maximum limit of 100 years from creation of the work. The life-plus-50 or the 100-year term would apply to unpublished works, which are now protected under the common law without time limit.

Limitation on author's assignments.—Under the present law, the renewal copyright after the first term of 28 years reverts in certain situations to the author or other specified beneficiaries. The bill drops this renewal device, but permits the author or his widow and children to terminate a grant of his rights after 35 years (or up to 40 years in certain situations) by serving written notice on the grantee. Grantees who have made derivative works during the 35 years could continue to use them.

Sound recordings.-Sound recordings would be added to the list of protected works, but the exclusive rights would be limited to protection against actual duplication and the sale of "dubbed” records.

Government publications.-The revised bill continues the prohibition in the present law against copyright in “Government publications" and provides for no exceptions, but it attempts to clarify the scope of the prohibition.

Fair use. The bill would add a provision to the statute specifically recognizing the doctrine of fair use, but without any attempt to indicate the application or define the scope of the doctrine.

Compulsory license.-The bill would modify the present compulsory license for the recording of music. It would, among other things, increase the statutory royalty ceiling and provide a broader recovery against infringers.

Exempt performances.-The bill removes the present exemption of public performances of nondramatic literary and musical works where the performance is not "for profit." Instead, it provides specific exemptions for certain types of nonprofit uses, including performances in classrooms and "in school" educational broadcasting. The revised bill would give broadcasting organizations a limited privilege of making "ephemeral recordings" of their broadcasts.

Jukebox exemption.-The bill includes the text of the jukebox bill which was favorably reported by the Judiciary Committee of the House of Representatives in 1963 and has been reintroduced in the 89th Congress. It would repeal the present exemption of jukebox operators from payment of performance royalties. Notice of copyright.-The statute now requires, as a condition of copyright protection, that the published copies of a work bear a copyright notice. The bill calls for a notice on published copies, but omission or errors would not forfeit the copyright. Innocent infringers misled by the omission or error would be shielded from liability.

Registration. As under the present law, registration would not be a condition of copyright protection but would be a prerequisite to an infringement suit. In general, the extraordinary remedies of statutory damages and attorney's fees would not be available for infringements occurring before registration. Manufacturing clause.-Certain works must now be manufactured in the United States to have copyright protection here. The bill proposes several modifications that would narrow the scope of this clause and would permit the importation of 3,500 copies manufactured abroad instead of the present limit of 1,500 copies.

Mr. KASTENMEIER. The members of the subcommittee congratulate the Librarian of Congress and the Copyright Office on having advanced the revision program to this new level. We regret the absense of Mr. Kaminstein, the Register of Copyrights, because of illness, and hope that he will very soon be back at the helm. Meanwhile the Deputy Register, Mr. Cary, and his associates are to be commended on the manner in which they have carried on the project in the absence of their chief. We have invited the Librarian and the Copyright Office to discuss the measure and to assign representatives to remain available throughout the hearings.

At this time I would like to ask the gentleman from New York if he has any statement he would like to make.

Mr. LINDSAY. Mr. Chairman, I thank you for permitting me to speak very briefly on this subject. I would ask, if I may, that my more formal statement on the Copyright Revision Act be placed in the record at this point.

Mr. KASTENMEIER. Without objection it is so ordered. (The statement referred to is as follows:)

STATEMENT BY REPRESENTATIVE JOHN V. LINDSAY, (REPUBLICAN, NEW YORK)

Mr. Chairman and members of the subcommittee, I am grateful for the opportunity to testify today on H.R. 4347. As a Representative from the city of New York, I hold a vital interest in the copyright laws and have long felt that a comprehensive revision was badly needed. This bill will effect the first such thorough revision of the copyright laws since 1909.

New York City is one of the world's great centers for literature, music, drama, and the creative arts. The copyright laws directly or indirectly affect thousands of people and innumerable activities in the city. New York City is the heart of the legitimate theater in America. The New York Philharmonic, the Metropolitan Opera Company, and the New York City Ballet Company are just three

of the great cultural performing groups which make their headquarters in the city. New York is also the home of many of the great publishing houses, newspapers, motion picture companies, recording studios, and television and radio networks. Thousands of authors, composers, performers, and other persons associated with the creative arts live within the city. This bill is of great importance to each of these individuals and each of these enterprises.

The creative arts enrich and energize the city. They can be further enhanced by enactment of a new copyright law which will recognize the changes that have taken place in the performing and written arts over the past half century.

I should like to state at the outset that I strongly favor this bill. It is essential to promote and strengthen the motivation of persons engaged in the creative arts in the United States. It is essential to harmonize the copyright law of the United States with that of other nations. It is essential to bring about a fair balance between the private economic interests of the creative individual and the public interest in the product of his work.

Three sections of the bill are of particular interest and substantial importance. First, the elimination of the so-called jukebox exemption. Based on purely economic considerations, there is a deep division here. The performing rights societies and the individual composers they represent favor the measure. believe there is substantial merit in their position. Permit me to quote from a letter I received from one songwriter:

I

"By actual count last week, I have taken tab on 4 jukeboxes in my home area *** and here are my findings *** my songs have been played in these jukeboxes exactly 128 times. The jukebox operator, at 10 cents a record play, netted $12.80 *** while these spins netted me exactly nothing*** do you call this fair?"

No, Mr. Chairman, I do not think that is fair. I think the coin-operated music machine has reached such proportions today that the individuals responsible for that music are entitled to a fair share of its prosperity.

But there are two sides to this story. A letter from one of the major operators guilds states:

"The provisions in section 114 of the general revision bill would subject operators to license fees in unlimited amounts without any protection whatsoever. The owners of musical copyrights would have the power and authority under this new legislation to impose fees without any maximum limit or other standards in the law. In addition, operators would also be exposed to exorbitant penalties for infringements of musical copyrights, even if the infringements were not intended and were accidental."

These are aspects of the situation which I believe the committee may wish to consider in the course of its hearings. Depending upon the expert testimony which the committee receives, it may be desirable to write into the bill statutory fees for the licensing of jukebox performances.

There is precedent for this in section 113 of the bill, which prescribes fees for making and distributing records under a compulsory license. I believe the testi mony may also indicate that it is prudent to modify the penalty for accidental infringement under these circumstances, so as to limit the recovery to actual damages.

A related matter which I also believe deserves some attention is the fee for a compulsory license to make and distribute phonograph recordings. The bill would increase this basic fee from 2 to 3 cents per copy. There is considerable feeling that this increase, while highly welcome, is grossly insufficient to give the songwriter a fair share of the profits which his work produces. A letter from a leading music publisher in my city makes this point very well:

"My business has taken me to Europe, South America, and other spots in the world and I have been shocked to learn that the songwriter or music publisher there usually fares much better as regards public performances than we do here in the United States. When one considers that the rate of payment on mechanical instruments dates back to July 1, 1909, without any increase, and that record companies are taking more and more advantage of this old law, it is certainly clear that greater income and protection should be given to those who produce the songs of our country."

In brief, Mr. Chairman, I believe the question of compulsory licensing fees, together with the termination of the jukebox exemption is deserving of the closest attention by this committee.

Second-and affecting the general public more deeply than the jukebox matter—is the effect of the bill on educational uses of copyrighted materials. I be

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