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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:)
IN THE SENATE OF THE UNITED STATES
FEBRUARY 4, 1965
Mr. MCCLELLAN (by request) introduced the following bill; which was read twice
For the general revision of the Copyright Law, title 17 of the United States Code,
Be it enacted by the Senate and House of Representatives of the
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
109. Limitations on exclusive rights: exemption of certain performances and
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
114. Scope of exclusive rights in nondramatic musical works: performance by
§ 101. Definitions
As used in this title, the following terms and their variant forms
An "anonymous work" is a work on the copies or phonorecords
The "best edition" of a work is the edition, published in the
A "collective work" is a work, such as a periodical issue, an-
A "compilation" is a work formed by the collection and assem-
"Copies" are material objects, other than phonorecords, in
A work is "created" when it is fixed in a copy or phonorecord
A "derivative work" is a work based upon one or more pre-
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: