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8 708. 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;

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 115(b), of a notice of intention to make phonorecords, $3;

(6) for the recordation, under section 302(c), of a statement revealing the identity of an author of an anonymous or pseudonymous work, or for the recordation, under section 302(d), of a statement relating to the death of an author, $5 for a document of six pages or less, covering no more than onetitle; for each page over six and for each title over one, 50 cents additional;

(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.

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TRANSITIONAL AND SUPPLEMENTARY PROVISIONS SEC. 2. This act becomes effective on January 1, 1969, 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, 1969. The exclusive rights, as provided by section 106 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, 1968, or under previous copyright statutes of the United States shall continue in forcé until terminated, suspended, or revised by the President.

SEC. 5. (a) Section 52 of the Printing Act, approved January 12, 1895 (28 Stat. 608; 44 U.S.C. § 58 (1964)) is amended to read as follows:

“Sec. 52. The Public Printer shall sell, under such regulations as the Joint Committee on Printing may prescribe, to any person or persons who may apply additional or duplicate stereotype or electrotype plates from which any Government publication is printed, at a price not to exceed the cost of composition, the metal and making to the Government and ten per centum added: Provided, That the full amount of the price shall be paid when the order is filed."

(b) Section 510 of the Federal Records Act of 1950 (64 Stat. 589, 44 U.S.C. § 400(1964)) is amended to read as follows:

"SEC. 510. With respect to letters and other intellectual productions (exclusive of patented material, published works under copyright protection, and unpublished works for which copyright registration has been made) after they comeinto the custody or possession of the Administrator, neither the United States nor its agents shall be liable for any infringement of copyright or analogous rights. arising thereafter out of use of such materials for display, inspection, research, reproduction or other purposes." (c) In section

1498(b) of title 28 of the United States Code, the phrase "section 101(b) of title 17" is amended to read "section 504(c) of title 17".

(d) Section 543(a)(4) of the Internal Revenue Code of 1954, as amended, is amended by striking out "(other than by reason of section 2 or 6 thereof)”.

(e) Section 4152(a) of title 39 of the United States Code is amended by striking out clause (5).

SEC. 6. In any case where, before January 1, 1969, 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, 1968, 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 115 of title 17 as amended by this act. However, such parts made on or after January 1, 1969, constitute phonorecords and are otherwise subject to the provisions of said section 115.

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, 1968, 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, 1969. However, in the case of a work published before January 1, 1969, compliance with the notice provisions of title 17 either as it existed on December 31, 1968, or as amended by this act, is adequate with respect to copies publicly distributed after December 31, 1968.

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, 1969, and the recordation of assignments of copyright or other instruments received in the Copyright Office before January 1, 1969, shall be made in accordance with title 17 as it existed on December 31, 1968.

SEC. 10. The demand and penalty provisions of section 14 of title 17 as it existed on December 31, 1968, 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, 1969, 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.

Mr. BRENNAN. The senior Senator from Ohio, Mr. Lausche, has submitted to the subcommittee a proposed amendment to the bill, S. 597. The amendment would exempt State and county fairs from any liability under this bill. I request that the text of the amendment, together with Senator Lausche's letter, be printed in the record at this point.

Senator McCLELLAN. Without objection, that will be done. (The documents referred to follow:)

MARCH 10, 1967. Hon. JOHN L. MOCLELLAN, Chairman, Subcommittee on Patents, Trademarks and Copyrights, Judiciary

Committee, U.S. Senate, Washington, D.C. DEAR SENATOR MCCLELLAN: This letter is in reference to S. 597, a bill now before your subcommittee which provides for a general revision of the Copyright Law, title 17, of the United States Code.

Your attention is directed to Section 110 of the bill providing for exemption of certain performances and displays.

It would seem to me that there should be included in the list of exemption such organizations as fairs or any agricultural or horticultural exposition sponsored by a State or any political subdivision thereof.

I, therefore, submit for the consideration of the members of the subcommittee, a suggested amendment to exempt such organizations from the provisions of this bill. I am hopeful that favorable action will be taken on this proposed amendment. Sincerely yours,

FRANK J. LAUSCHE.

À MENDMENT TO S. 597, A BILL FOR THE GENERAL REVISION OF THE COPYRIGHT

LAW, TITLE 17 OF THE UNITED STATES CODE, AND FOR OTHER PURPOSES
On page 11, line 19, strike out the period, and insert in lieu thereof a semicolon.
On page 11, between lines 19 and 20, insert the following new paragraph:

""76) performance of a musical work or the use of a sound recording by any natural person or any organization at any fair or any agricultural or hotticultural exposition conducted or sponsored by, or operated on behalf of, any State, any political subdivision of any State, or any nonprofit agricultural or horticultural organization which is exempt from tax under section 501(a) of the Internal Revenue Code of 1954.". Mr. BRENNAN. The subcommittee, during the last Congress, held seven days of hearings on a predecessor bill, S. 1006. I request that these hearings be incorporated by reference in the hearings on this bill.

Senator McCLELLAN. The full record of the hearings during the last Congress will be made a part of the record of hearings on this bill by reference. In other words, they may be referred to for substantiating testimony or for facts and information that may be pertinent to the consideration of the issues presented by these measures.

(The document referred to will be found in the subcommittee files.)

Senator McCLELLAN. Senator Hartke, we welcome you this morning. I understand you appear here to present the first witnesses who will testify, so you may proceed.

STATEMENT OF SENATOR VANCE HARTKE, A U.S. SENATOR FROM

THE STATE OF INDIANA

Senator HARTKE. Mr. Chairman, it is my distinct pleasure to appear before this committee. It is certainly an honor to appear before the distinguished chairman, who has such an outstanding record, not only for his ability but for his intelligence and outstanding public service.

I would also like to say it is a distinct pleasure for me to see that my good colleague, Senator Burdick, will act as cochairman.

It is always a pleasure for me to appear in front of our distinguished statesman from Hawaii, Senator Fong.

I appear this morning to present to you your first witness on the bill and also to add my endorsement to the bill.

The people whom I shall present are Mrs. Elizabeth Janeway, Mr. Herman Wouk, and Mr. John Dos Passos. They represent the Authors' League of America, and their counsel, Mr. Irwin Karp, is with them.

I think it is appropriate for me to say at this time, on a personal level, that not only is Mrs. Janeway distinguished in her own right, but her husband, a distinguished columnist and economist, Mr. Eliot Janeway, has a column in the Washington Evening Star. Her son has worked with me, and, when he returns from school in England, he will be working for me again.

I would like to say Mrs. Janeway is also president of the Authors Guild and, therefore, my president, as I am a member of that guild. She is appearing here in her capacity as a member of the Authors League of America. These authors, who are here this morning are representative of authors. These are the individuals who have made it possible for other people to enjoy, to be educated, and to be inspired by what comes from their creative minds. They are the creators and

the moving parts of society. They frequently see into the future for many people who are unable to imagine the future, and they otherwise interpret the past in a fashion that not only becomes living, but becomes a symbol for us who are passing through the world today.

Mrs. Janeway, of course, is a noted author in many fields. "The Accident," and "The Walsh Girls” are only two of her books. She could appear in her own right, without reference to her title and position.

Mr. Wouk lives in the Virgin Islands. I noted that because when Mrs. Hartke read "Carnival," after she had been to the Virgin Islands, the book became a living thing for her. "Don't Stop the Carnival” is his most recent book; but, probably, to many of us, "The Caine Mutiny" is one of his most outstanding works.

By common concent from Mrs. Janeway and from Mr. Wouk, the third member of the three appearing here, Mr. John Dos Passos, is one of the most eminent of all the novelists in the world today. His workthe “Trilogy, U.S.A.” is a world classic. To be able to present these three people here today is certainly one of the highest honors that has every been accorded to me.

At this time, I would like to present to you the first of those to appear today, Mrs. Elizabeth Janeway. Senator McCLELLAN. Thank you very much, Senator.

Mrs. Janeway, we are very glad indeed to have you as our first witness.

Senator BURDICK. Mr. Chairman, I, too, would like to welcome these witnesses. Of course, I am always pleased to hear my able friend from Indiana. I met Mr. Dos Passos in Bismarck, N. Dak., about 20 years ago.

As for Mr. Wouk, I was a member of the Committee on Interior and Insular Affairs for the House and met you in the Virgin Islands.

Of course, I am very well acquainted with Mrs. Janeway's husband. I certainly welcome you to the committee.

Senator McCLELLAN. Off the record. (Discussion off the record.)

Senator McCLELLAN. Mrs. Janeway, I note you have a prepared statement. We will let you proceed as you would like to. If you prefer to read it in full, we will consent for you to do that, of course. If you care to, you may insert it in the record, and it will be printed in full-and you may highlight it by arguments you wish to present in support of your position on this legislation. STATEMENT OF MRS. ELIZABETH JANEWAY, AUTHORS LEAGUE

OF AMERICA Mrs. JANEWAY. Thank you, Senator McClellan, Senator Burdick, Senator Fong. I submit this statement to be accepted for the record. I will read briefly from some of the first part on a matter which it seems to me is of great concern in considering the basic philosophy of copyright as it appears to us who are, as Senator Hartke has said, the makers and the creators.

Senator McCLELLAN. Thank you. The statement will be printed in the record.

You may proceed.

" Mrs. JANEWAY. The Authors League wishes to go on record as strongly supporting the revision bill as it has come over from the House. It is not a perfect author's bill from our point of view. There are a few provisions which we believe should be modified. There are others which we think might have been written differently but to which we do not object. The revision bill is a very complex law which affects many interests and in the arduous process of bringing it to the present form, adjustments and compromises have been made on several provisions. We recognize this and are willing to accept many of them.

During these hearings your committee will hear testimony from various organizations and groups which publish, produce, disseminate, program, or otherwise use the writings of authors. The Authors League speaks for the self-employed authors who create much of this material: Novels, plays, poems, histories, biography, and similar works. We submit that the public interest is best served, as the House committee's report frequently demonstrates, by a copyright law that recognizes the author's right to be compensated for the various uses that are made of the works he creates.

As you know, an arts and humanities foundation has been established. A number of grants were made to distinguished authors during the past year. We appreciate the support and recognition of the arts made in this way, but I believe that I speak for all artists if I say we would prefer to live by our own works, by the return that comes to us from the general public from what we write and print.

I turn now to the third page. A sound and adequate copyright law is by far the most important action our Nation can take to further this important, indeed indispensable, creative activity; important and indispensable to those who exploit the author's work commercially, and to the educators, librarians, and others who need and use it.

Copyright is the legal foundation on which rests the author's right to earn his living. He must, for a reasonable time, possess the exclusive rights to publish, perform, broadcast, and otherwise present his work in order to obtain compensation for the time and effort which he has invested in it. These are fundamental rights to which he is entitled under the Constitution and at common law. If these rights are diminished by exceptions to his copyright, his livelihood is diminished. And so is the public interest in maintaining a free flow of ideas and of independent thought.

What is at stake here are the rights of an author in something he created, something which would not have existed without him. He is not asking for special privileges in already existing public resources or facilities. Rather, he is a public resource, if you want to put it that way. The best way to keep him productive and to insure his contribution to the public welfare is to let him receive a return on the values he produces. Under the protection of copyright, authors have freed themselves from dependence on patrons and subsidies and from subservience to interests other than those of the general public.

Both the Copyright Office, in preparation of this bill, and the Judiciary Committee of the House in its hearings, listened carefully to arguments which seek to dilute the property right of an author to receive a proper return on the work he creates. That return, incidentally, is not large. A study done for the Authors League in the not

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