Electronic Components Handbook. K. Henney, C. Walsh, and H. Mileaf. 3 volumes for the Wright Air Development Command. Copyright, McGraw-Hill, 1957-1959. U.S. Army Signal English-Russian, Russian-English Electronics Dictionary. Corps Intelligence Agency. Copyright, McGraw-Hill, 1958. Mariner: Mission to Venus. Jet Propulsion Laboratory, NASA. Copyright, Jet Propulsion Laboratory, California Institute of Technology, 1963. Modern Chinese Technical and General Dictionary. National Science Foundation. 3 volumes. Copyright, McGraw-Hill, 1963. Supplement, 1965. Human Engineering Guide to Equipment Design. Clifford T. Morgan et al. (Eds.). Office of Naval Research. Copyright, McGraw-Hill, 1963. Exploring the Universe. Louise B. Young (Ed.). American Foundation for Continuing Education. National Science Foundation Research Grant. Copyright, McGraw-Hill, 1963-1964. Research, U.S.A.; Nuclear Power, U.S.A.; Radioisotopes and Radiation; and Education and the Atom. U.S. Atomic Energy Commission. Copyright, McGrawHill, 1964. Twelve Doors to Japan. J. Hall and R. K. Beardsley, U.S. Office of Education, Department of Health, Education, and Welfare. Copyright, McGraw-Hill, 1965. Basic Problems in Geotectonics. V. V. Beloussov, translated by National Academy of Science and American Geological Institute. Copyright, McGraw-Hill, 1962. Educational Media Index. Educational Media Council under a contract from the U.S. Office of Education. Copyright, Educational Media Council, Inc., 1964. Air Tables. D. P. Jordan and M. D. Mintz, University of California. Lawrence Electrical Insulation: Its Application to Shipboard Electrical Equipment. Category 3. Reports on Research Copyright, Radiation Laboratory Series. Radiation Research Laboratory, Massachusetts Institute of Technology. 27 volumes and index volume. Copyright, McGrawHill, 1947-1953. Very High Frequency Techniques. Herbert J. Reich (Ed.). Radio Research Laboratory Staff, Harvard University. 2 volumes. Copyright, McGraw-Hill, 1947. Mathematical Theory of Rocket Flight. J. Barkley Rosser, Robert R. Newton, and George L. Gross of the Allegheny Ballistics Laboratory, George Washington University. Copyright, McGraw-Hill, 1947. Techniques of Statistical Analysis. Churchill Eisenhart, Millard W. Hastay, and W. Allen Wallis (Eds.) of the Columbia University Statistical Research Group. Copyright, McGraw-Hill, 1947. Sampling Inspection. H. A. Freeman, Milton Friedman, Frederick Mosteller, and W. Allen Wallis (Eds.) of the Columbia University Statistical Research Group. Copyright, 1948. National Nuclear Energy Series. Columbia University under contract to the Atomic Energy Commission. About 30 volumes. Copyright, McGraw-Hill, 1948-1955. Internal Ballistics of Solid Fuel Rockets. R. N. Wimpress of Industrial Engineers, Inc., California Institute of Technology. Copyright, McGraw-Hill, 1950. The Operational Code of the Politburo. Nathan Leites. A Rand Corporation Research Study. Copyright, McGraw-Hill, 1951. A Rand Corporation Research Air War and Emotional Stress. Irving L. Janis. Soviet Attitudes Toward Authority. Margaret Mead. A Rand Corporation Research Study. Copyright, McGraw-Hill, 1952. The Organizational Weapon: A study of Bolshevik Strategy and Tactics. Phillip Selznik. A Rand Corporation Research Study. Copyright, McGraw-Hill, 1952. Weight-Strength Analysis of Aircraft Structures. F. R. Shanley. A Rand Corporation Research Study. Copyright, McGraw-Hill, 1952. Introduction to the Theory of Games. J. C. C. McKinsey of the Rand Corporation. Copyright, McGraw-Hill, 1952. The Compleat Strategyst: A Primer on the Theory of Games of Strategy. John D. Williams of the Rand Corporation. Copyright, McGraw-Hill, 1954; second edition, copyright, Rand, 1965. Linear Programming and Economic Analysis. Robert Dorfman, Paul A. Samuelson, and Robert M. Solow. A Rand Corporation Research Study. Copyright, McGraw-Hill, 1958. Introduction to Matrix Analysis. Richard Bellman of the Rand Corporation. Copyright, McGraw-Hill, 1960. The Theory of Plasma Waves. Thomas H. Stix, Princeton University. Air Force Research Grant. Advanced Physics Monograph Series. Copyright, McGrawHill, 1962. Frontal Granular Cortex and Behavior. J. M. Warren, Pennsylvania State University; K. Akert, University of Zurich, National Science Foundation Research Grant. Copyright, McGraw-Hill, 1964. (Series in Phych.) Creativity. Calvin W. Taylor (Ed.), University of Utah. National Science Constitution of Binary Alloys. Rodney P. Elliott, Illinois Institute of Technical Psychology: A Study of Science, Vol. II-General Systematic Formulations, Psychology: A Study of Science, Vol. III-Formulations of the Person and the Psychology: A Study of Science, Vol. IV-Biologically Oriented Fields: Their Psychology: A Study of Science, Vol. VII-Psychology and the Human Agent: Category 4. Textbooks and Associated Instructional Materials Flight Preparation Training Series: U.S. Navy, Training Division, Bureau of Aeronautics. 10 volumes. Copyright, McGraw-Hill, 1943-1945. Demonstration and Laboratory Experiences in the Science of Aeronautics: A Guide for Teachers and Students. U.S. Civil Aeronautics Administration and the American Council on Education. Copyright, McGraw-Hill, 1945. Teaching Aeronautics in High Schools: A Study of Methods, Principles and Measurements. U.S. Civil Aeronautics Administration and the American Council on Education. Copyright. McGraw-Hill, 1947. Sets, Relations, and Functions: A Programmed Unit in Modern Mathematics. Mura McFadden, Wendell I. Smith, and J. William Moore (Eds.), all of Bucknell University. U.S. Office of Education. Copyright, McGraw-Hill, 1963. Introduction to Probability: A Programmed Unit in Modern Algebra. Boyd Earl, The Pluralistic Economy. E. Ginzberg, D. L. Hiestand, and B. G. Reubens, Colum- English for Today: Book I-At Home and at School. National Council of Teachers of English. U.S. Information Agency. Copyright, McGraw-Hill, 1962; revised edition 1965. English for Today: Book II-The World We Live In. National Council of English for Today: Book III-The Way We Live. National Council of Teachers 1964. National RESTRICTIONS ON COMPUTER USE OF COPYRIGHTED MATERIAL WOULD PROTECT AUTHORS, PUBLISHERS, AND EVEN USERS (By Curtis G. Benjamin) In the debate over the proposed new copyright law and its possible impact on the future of computer-based information systems, only two points have thus far emerged clearly and incontrovertibly: (i) new legislation is very badly needed; (ii) the new law, though it should adequately protect the owners of copyrights, must not be so stringent as to restrict the development of computerized information systems, particularly in science and applied science. Nevertheless, the Congress may soon deal decisively with this matter in acting upon the new copyright bill which is now before both houses. To date there has not been enough debate, either public or private, on the problems and issues involved. It may be useful, therefore, to have an analysis of them by a book publisher, though an admittedly biased interest in the matter may be displayed here. But even a publisher can strive for objectivity in considering certain long-range involvements of the future welfare of science information and hence of science itself. A basic requirement of the new law is to provide for copyright security in a work first produced by means of, or with the aid of, an automated mechanism such as a computer. This requirement has to be dealt with de novo because there is nothing in the present copyright law-enacted in 1909 and not overhauled since that recognizes this kind of production. The pressing need to satisfy this requirement is suggested in a paragraph in the Annual Report (draft copy) of the Register of Copyrights for the Fiscal Year 1965: As computer technology develops and becomes more sophisticated, difficult questions of authorship are emerging. In past years the Copyright Office has received an application for registration of a musical composition created by computer. This year copyright was claimed for an abstract drawing, and for compilations of various kinds, which were at least partly the "work" of computers. It is certain that both the number of works proximately produced or written by computers, and the problems of the Copyright Office in this area, will increase. The crucial question appears to be whether the "work" is basically one of human authorship, with the computer merely being an assisting instrument, or whether the traditional elements of "authorship" in the work (literary, artistic, or musical expression or elements of selection, arrangement, etc.) were actually conceived and executed not by man but by a machine. The crucial question is also a tough one. Though few people will allow that a machine can actually create an original literary or scientific work, it must be allowed that a computer when properly programmed can produce a compiled or derivative work that is copyright 1 Reprinted from Science, Vol. 152, 8 Apr. 1966. able. In this tangled matter of human authorship versus machine performance, the Copyright Office has taken a liberal view. It has stated that where human direction has guided the computer in producing a work, either proximately or through one or more programs aimed at the result, or where the computer output was edited or arranged by human beings, the mere use of a computer would not of itself prevent copyright registration. (This is a reversal of an earlier decision on the point.) Further, the Copyright Office admits that it would be a rare case indeed where no elements of human authorship whatever can be identified in the preparation of a work. The reasonable practicality of the Copyright Office's policy under the present law was to be expected because the Register of Copyrights, Abraham L. Kaminstein, made an eminently sensible approach to the general problem of computer storage and retrieval when the 1965 Copyright Bill was introduced last February. Let us go back and review what was then proposed for congressional action and what Kaminstein had to say in support of his draft of the bill. Starting with a basic definition, Section 102 of the new bill describes subject matter of copyright simply as "original works of authorship" rather than "all the writings of an author," as the present law has it. The new definition is certainly much broader and more flexible. Still it seems not to deal adequately with the crucial question whether a machine or only a human being is capable of "authorship," and probably this question will eventually reach the courts for decision. Following its new basic definition of subject matter, the bill does deal very effectively with the question of form. Whereas the 1909 Act has an implicit requirement that subject matter be fixed in some tangible form from which the work can be reproduced, the new bill more explicitly specified "fixed in any tangible medium of expression, now known or later developed, from which they [original works] can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device." Again the new language is about as broad as one could ask, and certainly it is flexible and forward-looking. It leaves no doubt about the copyrightability of works first produced and fixed in a computer or any other kind of mechanized system. So far, so good. The more debatable questions arise with the Register's proposals in Section 106 (a) of the new bill, which covers the author's exclusive rights of "reproduction" and of the preparation of "derivative works" from a previously copyrighted work. The first two clauses of this section's so-called "bundle of rights" give the owner of a copyright exclusive rights (i) to reproduce the copyrighted work in copies or phonorecords, and (ii) to prepare derivative works based upon the copyrighted work. Commenting in his Report of 1965 on the background to the wording of these two clauses with respect to information storage and retrieval systems, Kaminstein reviewed earlier thinking on the matter: An important question that has emerged since publication of the Report in 1961 involves computer uses of copyrighted materials. Mainly in an effort to stimulate a discussion of the issue, the preliminary draft of 1963 contained a provision granting an exclusive right "to reproduce [the work] in any form in the programming or operation of an information storage and retrieval system." We became convinced, however, that it would be a mistake for the statute, in trying 65-891-66– -10 |