(3) importation by or for an organization operated for scholarly, educational, or religious purposes and not for private gain, with respect to no more than one copy of an audiovisual work solely for its archival purposes, and no more than five copies or phonorecords of any other work for its library lending or archival purposes. (b) In a case where the making of the copies or phonorecords would have constituted an infringement of copyright if this title had been applicable, their importation is prohibited. In a case where the copies or phonorecords were lawfully made, the Bureau of Customs has no authority to prevent their importation unless the provisions of section 601 are applicable. In either case, the Secretary of the Treasury is authorized to prescribe, by regulation, a procedure under which any person claiming an interest in the copyright in a particular work may, upon payment of a specified fee, be entitled to notification by the Bureau of the importation of articles that appear to be copies or phonorecords of the work. § 603. Importation prohibitions: Enforcement and disposition of excluded articles (a) The Secretary of the Treasury and the Postmaster General shall separately or jointly make regulations for the enforcement of the provisions of this title prohibiting importation. (b) These regulations may require, as a condition for the exclusion of articles under section 602: (1) that the person seeking exclusion obtain a court order enjoining importation of the articles; or (2) that he furnish proof, of a specified nature and in accordance with prescribed procedures, that the copyright in which he claims an interest is valid and that the importation would violate the prohibition in section 602; he may also be required to post a surety bond for any injury that may result if the detention or exclusion of the articles proves to be unjustified. (c) Articles imported in violation of the importation prohibitions of this title are subject to seizure and forfeiture in the same manner as property imported in violation of the customs revenue laws. Forfeited articles shall be destroyed as directed by the Secretary of the Treasury or the court, as the case may be; however, the articles may be returned to the country of export whenever it is shown to the satisfaction of the Secretary of the Treasury that the importer had no reasonable grounds for believing that his acts constituted a violation of law. Sec. Chapter 7.-COPYRIGHT OFFICE 701. The Copyright Office: General responsibilities and organization. 702. Copyright Office regulations. 703. Effective date of actions in Copyright Office. 704. Retention and disposition of articles deposited in Copyright Office. 705. Copyright Office records: Preparation, maintenance, public inspection, and searching. 706. Copies of Copyright Office records. 707. Copyright Office forms and publications. 708. Copyright Office fees. § 701. The Copyright Office: General responsibilities and organization (a) All administrative functions and duties under this title, except as otherwise specified, are the responsibility of the Register of Copyrights as director of the Copyright Office in the Library of Congress. The Register of Copyrights, together with the subordinate officers and employees of the Copyright Office, shall be appointed by the Librarian of Congress, and shall act under his general direction and supervision. (b) The Register of Copyrights shall adopt a seal to be used on and after January 1, 1969, to authenticate all certified documents issued by the Copyright Office. (c) The Register of Copyrights shall make an annual report to the Librarian of Congress of the work and accomplishments of the Copyright Office during the previous fiscal year. The annual report of the Register of Copyrights shall be published separately and as a part of the annual report of the Librarian of Congress. 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 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. (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, or 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: Preparation, 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 furnished 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 section 2 of 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. 79-397-67—pt. 1—— -3 8708. 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 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 one title; 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 regis-tration, $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, 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 force 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 (exclu sive of patented material, published works under copyright protection, and unpublished works for which copyright registration has been made) after they come into 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:) Hon. JOHN L. MCCLELLAN, MARCH 10, 1967. 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. AMENDMENT TO S. 597, A BILL FOR THE GENERAL REVISION OF THE COPYRIGHT "(6) 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 |