Lapas attēli


Statements by-
Robert W. Frase, director of the joint Washington office of
the American Book Publishers Council and the American
Textbook Publishers Institute, accompanied by Chester
Kerr, director, Yale University Press; Raymond C.
Harwood, director, Harper & Row; and J. Stetson Barnes,
vice president, John Wiley & Sons.



Walter V. Davidson, Jr., administrative vice president and
director of sales, American Book-Stratford Press, Inc. 1621-1625
O. R. Strack bein, legislative representative, International
Allied Printing Trades Association, accompanied by
James H. Sampson, president of the board of governors__ 1626-1631
Statements by-



Gerhard Van Arkel, general counsel, International Typo-
graphical Union, accompanied by Joe Bailey, vice presi-
dent, International Typographical Union..
McKinley M. Luther, executive secretary, International
Typographic Composition Association, Inc., and Adver-
tising Typographers Association of America___
Eli_Cantor, the Composing Room, Inc., for International
Typographic Composition Association, Inc., and Adver-
tising Typographers Association of America, Inc.
David A. Boehm, president, Sterling Publishing Co., Inc.
Harry F. Howard, for the Book Manufacturers' Institute... 1666-1683
James H. French, counsel, Book Manufacturers' Institute... 1683-1690

Statements by-


James E. Toomey, chairman, American Bar Association
Section on Patent, Trademark, and Copyright Law..-- 1691-1693
John Schulman___


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




Statements by-

Robert R. Nathan, representing Music Publishers Protective
Association, Inc..


Irwin Karp, representing the Authors League of America,


Harry N. Rosenfield, representing the Ad Hoc Committee
of Educational Institutions and Organizations on Copy-
right Law Revision..



Statements by-

Philip H. Trezise, Deputy Assistant Secretary, Bureau of Eco-
nomic Affairs, accompanied by Harvey J. Winter, Assist-
ant Chief, Business Practices Division, Bureau of Economic
Affairs, and Allan I. Mendelsohn, Office of Assistant Legal
Adviser for Economic Affairs, Department of State
Robert E. Giles, General Counsel, Department of Commerce,
accompanied by Gerald Stephenson..



Melville B. Nimmer, School of Law, University of California,
Los Angeles...




Statements by-

Hamilton Carothers and Pete Rozelle, on behalf of the
National Football League..


Joe Foss and Harold O. Lovre, on behalf of the American
Football League....


Paul A. Porter, representing baseball organizations.


Associated Publishers, Inc., by Benjamin Quarles, president. 1885-1886
Association of Canadian University Teachers of English, by
Tom Middlebro', executive secretary.


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National Council on the Arts, by Charles C. Mark,


Ontario Federation of Printing Trade Unions, by John
Duncan, president, and Fred Belanger, secretary-treasurer. 1919-1920
Steven David Price.


The Publishers Association, by Ronald E. Barker, secretary..
M. B. Schnapper, editor of Public Affairs Press-
The Harry S. Truman Library Institute for National and
International Affairs, by Philip V. Brooks, secretary-
Franklin Waldheim...






Paul Woolley, professor of church history, Westminster
Theological Seminary-

Xerox Corp., by J. C. Wilson, president..



Following 1930



Washington, D.C.

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:

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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,
or adapted. A work consisting of editorial revisions, annotations, elab-
orations, or other modifications which, as a whole, represent an original
work of authorship, is a "derivative work."

A "device," "machine," or "process" is one now known or later developed.
The terms "including" and "such as" are illustrative and not limitative.
A "joint work" is a work prepared by two or more authors with the in-
tention that their contributions be merged into inseparable or interdepend-
ent parts of a unitary whole.

"Literary works" are works expressed in words, numbers, or other verbal
or numerial symbols or indicia, regardless of the nature of the material
objects, such as books, periodicals, manuscripts, phonorecords, or film, in
which they are embodied.

"Motion pictures" are works that consist of a series of images which, when
shown in succession, impart an impression of motion, together with any ac-
companying sounds, regardless of the nature of the material objects, such
as films or tapes, in which they are embodied.

"Phonorecords" are material objects in which sounds, other than those ac-
companying a motion picture, are fixed by any method now known or later
developed, and from which the sounds can be perceived, reproduced, or other-
wise communicated, either directly or with the aid of a machine or device.
The term "phonorecords" includes the material object in which the sounds
are first fixed.

"Pictorial, graphic, and sculptural works" include two-dimensional and
three-dimensional works of fine, graphic, and applied art, photographs,
prints and art reproductions, maps, globes, charts, plans, diagrams, and

A "pseudonymous work" is a work on the copies or phonorecords of which
the author is identified under a fictitious name

"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

"Sound recordings" are works that result from the fixation of a series
of musical, spoken, or other sounds, but not including the sounds accom-
panying a motion picture, regardless of the nature of the material objects,
such as disks, tapes, or other phonorecords, in which they are embodied.
"State" includes the District of Columbia and the Commonwealth of
Puerto Rico, and any territories to which this title is made applicable by
an act of Congress.

A "supplementary work" is a work prepared for publication as a second-
ary adjunct to a work by another author for the purpose of introducing,
illustrating, explaining, commenting upon, or assisting in the use of the other
work, such as forewords, introductions, prefaces, pictorial illustrations,
maps, charts, tables, editorial notes, tests and answers, bibliographies,
appendixes, and indexes.

A "transfer of copyright ownership" is an assignment, mortgage, exclusive
license, or any other conveyance, alienation, or hypothecation of a copy-
right or of any of the exclusive rights comprised in a copyright, whether
or not it is limited in time or place of effect, but not including a non-ex-
clusive license.

To "transmit" a performance or exhibition is to communicate it by any
device or process whereby images or sounds are received beyond the place
from which they are sent.

The "United States," when used in a geographical sense, comprises the
several States, the District of Columbia and the Commonwealth of Puerto
Rico, and the organized territories under the jurisdiction of the United
States Government.

The author's "widow" or "widower" is the author's surviving spouse under
the law of his domicile at the time of his death, whether or not the spouse
has later remarried.

A "work made for hire" is:

(1) a work prepared by an employee within the scope of his em-
ployment; or

(2) a work specially ordered or commissioned for use as a contri-
bution to a collective work, as a part of a motion picture, as a transla-

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