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WEDNESDAY, AUGUST 11, 1965...
Walter V. Davidson, Jr., administrative vice president and
Gerhard Van Arkel, general counsel, International Typo-
James E. Toomey, chairman, American Bar Association
Douglas A. Anello, general counsel, National Association of
Letters from or statements by-
David Maclellan, general manager, Graphic Arts Industries
W. E. Trevett, president, Graphic Arts Industries Associa-
Roy C. Sharp, executive director, Canadian Copyright
THURSDAY, AUGUST 19, 1965.
Robert R. Nathan, representing Music Publishers Protective
Irwin Karp, representing the Authors League of America,
Harry N. Rosenfield, representing the Ad Hoc Committee
THURSDAY, AUGUST 26, 1965..
Philip H. Trezise, Deputy Assistant Secretary, Bureau of Eco-
Melville B. Nimmer, School of Law, University of California,
WEDNESDAY, SEPTEMBER 1, 1965...
Hamilton Carothers and Pete Rozelle, on behalf of the
Joe Foss and Harold O. Lovre, on behalf of the American
Paul A. Porter, representing baseball organizations.
Associated Publishers, Inc., by Benjamin Quarles, president. 1885-1886
National Council on the Arts, by Charles C. Mark,
Ontario Federation of Printing Trade Unions, by John
The Publishers Association, by Ronald E. Barker, secretary..
Paul Woolley, professor of church history, Westminster
Xerox Corp., by J. C. Wilson, president..
COPYRIGHT LAW REVISION
WEDNESDAY, MAY 26, 1965
HOUSE OF REPRESENTATIVES,
The subcommittee met at 10 a.m., pursuant to call, in room 2226, Rayburn House Office Building, Hon. Robert W. Kastenmeier presiding.
Present: Representatives Kastenmeier, St. Onge, Edwards, Tenzer, Lindsay, and Hutchinson.
Also present: Herbert Fuchs, counsel to the subcommittee; and Allan Cors, associate counsel.
Mr. KASTEN MEIER. The committee will come to order.
The Subcommittee Chairman Ed Willis regrets his inability to be present at this week's session. His hearings in Chicago presumably will be less tranquil than this one.
This morning's hearing marks a new era in the copyright law revision program which was initiated 10 years ago under the auspices of Congress. The detailed history of this program is set forth in full in Mr. Kaminstein's preface to the supplemental report of the Register which has just been, or is just about to be made available. After years of study and discussion the Copyright Office has now offered Congress a comprehensive measure for the general revision of the Copyright Act of 1909.
This is in a sense a historic occasion noted by the fact that this will be, when successfully concluded, only the fourth general copyright revision in copyright history. I observe not only from the long list of witnesses but from the attendance at the committee meeting this morning that interest in this is high.
The basic measure is H.R. 4347, introduced by Judiciary Committee Chairman Celler at the request of the Librarian of Congress. Identical bills were also introduced by our subcommittee colleague, Mr. St. Onge (H.R. 5680), by Representative Helstoski (H.R. 6831), and by Representative Monagan (H.R. 6835). These bills will be placed in the record of the hearings, together with a summary of the highlights of the measure, prepared by the Copyright Office.
(The documents referred to follow :)
[H.R. 4347, 89th Cong., 1st sess., By Mr. Celler; H.R. 5680, by Mr. St. Onge; H.R. 6831, by Mr. Helstoski; H.R. 6835, by Mr. Monagan]
A BILL For the general revision of the Copyright Law, title 17 of the United States Code, and for other purposes
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That title 17 of the United States Code, entitled "Copyrights," is hereby amended in its entirety to read as follows:
102. Subject matter of copyright: in general.
103. Subject matter of copyright: compilations and derivative works.
104. Subject matter of copyright: national origin.
105. Subject matter of copyright: United States Government works.
106. Exclusive rights in copyrighted works.
107. Limitations on exclusive rights: fair use.
108. Limitations on exclusive rights: effect of transfer of particular copy or phonorecord. 109. Limitations on exclusive rights: exemption of certain performances and exhibitions. 110. Limitations on exclusive rights: ephemeral recordings.
111. Scope of exclusive rights in pictorial, graphic, and sculptural works.
112. Scope of exclusive rights in sound recordings.
113. Scope of exclusive rights in nondramatic musical works: compulsory license for making and distributing phonorecords.
114. Scope of exclusive rights in nondramatic musical works: performance by means of coin-operated machine.
§ 101. Definitions
As used in this title, the following terms and their variant forms mean the following:
An "anonymous work" is a work on the copies or phonorecords of which no natural person is identified as author.
The "best edition" of a work is the edition, published in the United States at any time before the date of deposit, that the Library of Congress determines to be most suitable for its purposes.
A person's "children" are his immediate offspring, whether legitimate or not, and any children legally adopted by him.
A "collective work" is a work, such as a periodical issue, anthology, or encyclopedia, in which a number of contributions, constituting separate and independent works in themselves, are assembled into a collective whole.
A "compilation" is a work formed by the collection and assembling of pre-existing 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. The term "compilation" includes collective works.
"Copies" are material objects, other than phonorecords, in which a work is fixed by any method now known or later developed, and from which the work can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device. The term "copies" includes the material object, other than a phonorecord, 'in which the work is first fixed.
"Copyright owner," with respect to any one of the exclusive rights comprised in a copyright, refers to the owner of that particular right.
A work is "created" when it is fixed in a copy or phonorecord for the first time; where a work is prepared over a period of time, the portion of it that has been fixed at any particular time constitutes the work as of that time, and where the work has been prepared in different versions, each version constitutes a separate work.
A "derivative work" is a work based upon one or more pre-existing works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, con
densation, or any other form in which a work may be recast, transformed,
A "device," "machine," or "process" is one now known or later developed.
"Literary works" are works expressed in words, numbers, or other verbal
"Motion pictures" are works that consist of a series of images which, when
"Phonorecords" are material objects in which sounds, other than those ac-
"Pictorial, graphic, and sculptural works" include two-dimensional and
A "pseudonymous work" is a work on the copies or phonorecords of which
"Publication" is the distribution of copies or phonorecords of a work to
"Sound recordings" are works that result from the fixation of a series
A "supplementary work" is a work prepared for publication as a second-
A "transfer of copyright ownership" is an assignment, mortgage, exclusive
To "transmit" a performance or exhibition is to communicate it by any
The "United States," when used in a geographical sense, comprises the
The author's "widow" or "widower" is the author's surviving spouse under
A "work made for hire" is:
(1) a work prepared by an employee within the scope of his em-
(2) a work specially ordered or commissioned for use as a contri-