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1 (c) In section 1498(b) of title 28 of the United States Code, the 2 phrase "section 101(b) of title 17" is amended to read "section 504(c) 3 of title 17”. 4 (d) Section 643(a) (4) of the Internal Revenue Code of 1964, as 5 amended, is amended by striking out “(other than by reason of sec6 tion 2 or 6 thereof)”. 7 (e) Section 4162(a) of title 39 of the United States Code is 8 amended by striking out clause (6). 9 (f) In section 6 of the Standard Reference Data Act (section 10 290(e) of title 15 of the United States Code, Supplement IV), sub11 section (a) is amended to delete the reference to "section 8” and to 12 substitute therefor the phrase "section 105”. 18 Sec. 106. In any case where, before January 1, 1975, a person has 14 lawfully made parts of instruments serving to reproduce mechani15 cally a copyrighted work under the compulsory license provisions of 16 section 1(e) of title 17 as it existed on December 31, 1974, he may 17 continue to make and distribute such parts embodying the same me18 chanical reproduction without obtaining a new compulsory license 19 under the terms of section 115 of titlo 17 as amended by this title. 20 However, such parts made on or after January 1, 1975, constitute 21 phonorecords and are otherwise subject to the provisions of said 22 section 115. 23 Sec. 107. In the case of any work in which an ad interim copyright 24

is subsisting or is capable of being secured on December 31, 1974, 25 under section 22 of title 17 as it existed on that date, copyright pro26 tection is hereby extended to endure for the term or terms provided 27 by section 304 of title 17 as amended by this title. 28 Sec. 108. The notice provisions of sections 401 through 403 of title 29 17 as amended by this title apply to all copies or phonorecords publicly 30 distributed on or after January 1, 1975. However, in the case of a work 31 published before January 1, 1975, compliance with the notice provi32 sions of title 17 either as it existed on December 31, 1974, or as amended 33 by this title, is adequate with respect to copies publicly distributed 34 after December 31, 1974. 35 Sec. 109. The registration of claims to copyright for which the 36 required deposit, application, and fee were received in the Copyright 37 Office before January 1, 1975, and the recordation of assignments of 38 copyright or other instruments received in the Copyright Office before 39 January 1, 1975, shall be made in accordance with title 17 as it existed 40 on December 31, 1974.

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ESTABLISHMENT AND PURPOSE OF COMMISSION

1 Sec. 110. The demand and penalty provisions of section 14 of title 2 17 as it existed on December 31, 1974, apply to any work in which copy3 right has been secured by publication with notice of copyright on or 4 before that date, but any deposit and registration made after that date 5 in response to a demand under that section shall be made in accordance 6 with the provisions of title 17 as amended by this title. 7 Sec. 111. All causes of action that arose under title 17 before Jan8 uary 1, 1975, shall be governed by title 17 as it existed when the cause of 9 action arose. 10 Sec. 112. If any provision of title 17, as amended by this title, is 11 declared unconsititutional, the validity of the remainder of the title 12 is not affected. 13 TITLE II–NATIONAL COMMISSION ON NEW TECHNO14

LOGICAL USES OF COPYRIGHTED WORKS 15 16 Sec. 201. (a) There is hereby created in the Library of Congress a 17 National Commission on New Technological Uses of Copyrighted 18 Works (hereafter called the Commission). 19 (b) The purpose of the Commission is to study and compile data on: 20

(1) the reproduction and use of copyrighted works of author21 ship

(A) in conjunction with automatic systems capable of stor23

ing, processing, retrieving, and transferring information, and 24

(B) by various forms of machine reproduction, not includ25

ing reproduction by or at the request of instructors for use 26

in face-to-face teaching activities; and 27

(2) the creation of new works by the application or intervention 28 of such automatic systems or machine reproduction.

(c) The Commission shall make recommendations as to such 30 changes in copyright law or procedures that may be necessary to 31 assure for such purposes access to copyrighted works, and to provide 32 recognition of the rights of copyright owners. 33 34 Sec. 202. (a) The Commission shall be composed of thirteen voting 35 members, appointed as follows: 36

(1) Four members, to be appointed by the President, selected 37 from authors and other copyright owners; 38

(2) Four members, to be appointed by the President, selected 39 from users of copyright works; 40

(3) Four nongovernmental members to be appointed by the 41 President, selected from the public generally;

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MEMBERSHIP OF THE COMMISSION

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COMPENSATION OF MEMBERS OF COMMISSIONS

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(4) The Librarian of Congress. 2 (b) The President shall appoint a Chairman, and a Vice Chair· 3 man who shall act as Chairman in the absence or disability of the 4 Chairman or in the event of a vacancy in that office, from among 5 the four members selected from the public generally, as provided by 6 clause (3) of subsection (a). The Register of Copyrights shall serve 7 ex officio as a nonvoting member of the Commission. 8 (c) Seven voting members of the Commission shall constitute a 9 quorum. 10 (d) Any vacancy in the Commission shall not affect its powers and 11 shall be filled in the same manner as the original appointment was 12 made. 13 14 Sec. 203. (a) Members of the Commission, other than officers or 15 employees of the Federal Government, shall receive compensation at 16 the rate of $100 per day while engaged in the actual performance 17 of Commission duties, plus reimbursement for travel, subsistence, and 18 other necessary expenses in connection with such duties. 19 (b) Any members of the Commission who are officers or employ20 ees of the Federal Government shall serve on the Commission with21 out compensation, but such members shall be reimbursed for travel, 22 subsistence, and other necessary expenses in connection with the per23 formance of their duties. 24 25 Sec. 204. (a) To assist in its studies, the Commission may appoint 26 a staff which shall be an administrative part of the Library of 27 Congress. The staff shall be headed by an Executive Director, who 28 shall be responsible to the Commission for the Administration of the 29 duties entrusted to the staff. 30 (b) The Commission may procure temporary and intermittent 31 services to the same extent as is authorized by section 3109 of title 32 5, United States Code, but at rates not to exceed $100 per day. 33

EXPENSES OF THE COMMISSION 34 Sec. 205. There are hereby authorized to be appropriated such sums 35

as may be necessary to carry out the provisions of this title. 36 37

Sec. 206. (a) Within one year after the first meeting of the Com38 mission it shall submit to the President and the Congress a preliminary 39 report on its activities. 40 (b) Within three years after the enactment of this Act the Com

STAFF

REPORTS

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POWERS OF THE COMMISSION

1 mission shall submit to the President and the Congress a final report 2 on its study and investigation which shall include its recommenda3 tions and such proposals for legislation and administrative action as

may be necessary to carry out its recommendations. 5 (c) In addition to the preliminary report and final report required 6 by this section, the Commission may publish such interim reports as 7 it may determine, including but not limited to consultant's reports, 8 transcripts of testimony, seminar reports, and other Commission 9 findings. 10 11 Sec. 207. (a) The Commission or, with the authorization of the 12 Commission, any three or more of its members, may, for the purpose of 13 carrying out the provisions of this title, hold hearings, administer 14 oaths, and require, by subpoena or otherwise, the attendance and testi15

mony of witnesses and the production of documentary material. 16 (b) With the consent of the Commission, any of its members may 17 hold any meetings, seminars, or conferences considered appropriate 18 to provide a forum for discussion of the problems with which it is 19 dealing. 20 21 Sec. 208. On the sixtieth day after the date of the submission of its 22 final report, the Commission shall terminate and all offices and 23 employment under it shall expire. 24 TITLE III–PROTECTION OF ORNAMENTAL DESIGNS 25

OF USEFUL ARTICLES

TERMINATION

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Sec. 301. (a) The author or other proprietor of an original ornamental design of a useful article may secure the protection provided by this title upon complying with and subject to the provisions hereof.

(b) For the purposes of this title

(1) A “useful article” is an article which in normal use has an intrinsic utilitarian function that is not merely to portray the appearance of the article or to convey information. An article which normally is a part of a useful article shall be deemed to be a useful article.

(2) The “design of a useful article", hereinafter referred to as a "design”, consists of those aspects or elements of the article, including its two-dimensional or three-dimensional features of shape and surface, which make up the appearance of the article.

(3) A design is "ornamental” if it is intended to make the article attractive or distinct in appearance.

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1 (4) A design is "original” if it is the independent creation of an 2 author who did not copy it from another source. 3

DESIGNS NOT SUBJECT TO PROTECTION 4 Sec. 302. Protection under this title shall not be available for a 5 design that is 6

(a) not original; 7 (b) staple or commonplace, such as a standard geometric figure, 8 familiar symbol, emblem, or motif, or other shape, pattern, or 9 configuration which has become common, prevalent, or ordinary; 10 (c) different from a design excluded by subparagraph (b) 11 above only in insignificant details or in elements which are vari12 ants commonly used in the relevant trades; or 18 (d) dictated solely by a utilitarian function of the article that 14 embodies it; 15

(c) composed of three-dimensional features of shape and sur16 face with respect to men's, women's, and children's apparel, in17 cluding undergarments and outerwear. 18

REVISIONS, ADAPTATIONS, AND REARRANGEMENTS 19 Sec. 303. Protection for a design under this title shall be available 20 notwithstanding the employment in the design of subject matter ex21 cluded from protection under section 302, if the design is a substantial 22 revision, adaptation, or rearrangement of said subject matter: Pro23 vided, That such protection shall be available to a design employing 24 subject matter protected under title I of this Act, or title 35 of the 25 United States Code or this title, only if such protected subject matter 26 is employed with the consent of the proprietor thereof. Such pro27 tection shall be independent of any subsisting protection in subject 28 matter employed in the design, and shall not be construed as securing 29 any right to subject matter excluded from protection or as extending 30 any subsisting protection. 31 32 Sec. 304. (a) The protection provided for a design under this title

shall commence upon the date when the design is first made public. 34 (b) A design is made public when, by the proprietor of the design 35 or with his consent, an existing useful article embodying the design 36 is anywhere publicly exhibited, publicly distributed, or offered for 37 sale or sold to the public. 38 89 Sec. 305. (a) Subject to the provisions of this title, the protection 40 herein provided for a design shall continue for a term of five years

COMMENCEMENT OF PROTECTION

TERM OF PROTECTION

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