Senator MCCLELLAN. The notice will be printed in the record at this point.

(The notice referred to follows:)

[Congressional Record, August 5, 1965]

NOTICE OF PUBLIC HEARING ON COPYRIGHT REVISION BILL

Mr. MCCLELLAN. Mr. President, as chairman of the standing Subcommittee on Patents, Trademarks, and Copyrights of the Committee on the Judiciary, I wish to announce that the subcommittee has rescheduled the public hearing on S. 1006, for the general revision of the copyright law, that had been planned for August 4 and 5. The hearing will be held on Wednesday, August 18, and Thursday, August 19, commencing at 10 a.m. in room 3302, New Senate Office Building. The subcommittee consists of the Senator from Michigan [Mr. HART], the Senator from North Dakota [Mr. BURDICK], the Senator from Pennsylvania [Mr. SCOTT], the Senator from Hawaii [Mr. FONG], and myself.

Mr. BRENNAN. May that be followed by the text of the bill, S. 1006? Senator MCCLELLAN. The bill will be printed in the record. (S. 1006 follows:)

89TH CONGRESS
1ST SESSION

S. 1006

IN THE SENATE OF THE UNITED STATES

FEBRUARY 4, 1965

Mr. MCCLELLAN (by request) introduced the following bill; which was read twice
and referred to the Committee on the Judiciary

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.

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§ 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 Li-
brary of Congress determines to be most suitable for its purposes.
A person's "children” are his immediate offspring, whether le-
gitimate or not, and any children legally adopted by him.

A "collective work" is a work, such as a periodical issue, an-
thology, 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 assem-
bling of pre-existing materials or of data that are selected, co-
ordinated, 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 devel-
oped, 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 ob-
ject, 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 partic-
ular 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 con-
stitutes 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, dra-
matization, fictionalization, motion picture version, sound record-
ing, art reproduction, abridgment, condensation, or any other form
in which a work may be recast, transformed, or adapted. A work
consisting of editorial revisions, annotations, elaborations, or other

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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 intention that their contributions be merged into inseparable or interdependent parts of a unitary whole.

"Literary works" are works expressed in words, numbers, or other verbal or numerical 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 accompanying 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 accompanying a motion picture, are fixed by any method now known or later developed, and from which the sounds can be perceived, reproduced, or otherwise 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 models.

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 lending.

"Sound recordings" are works that result from the fixation of a series of musical, spoken, or other sounds, but not including the sounds accompanying 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.

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A "supplementary work" is a work prepared for publication as a secondary 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 copyright 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-exclusive 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 employment; or

(2) a work specially ordered or commissioned for use as a contribution to a collective work, as a part of a motion picture, as a translation, or as a supplementary work, if the parties expressly agree in writing that the work shall be considered a work made for hire.

§ 102. Subject matter of copyright: In general

Copyright protection subsists, in accordance with this title, in orig

inal works of authorship fixed in any tangible medium of expression, 34 now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device. Works of authorship include the following categories: