Lapas attēli


TUESDAY, JULY 31, 1973



Washington, D.C.

The committee met, pursuant to notice, at 10:05 a.m., in room 1114, Dirksen Senate Office Building, Senator John L. McClellan presiding. Present: Senator McClellan [presiding], Burdick, Fong. Also present: Thomas C. Brennan, chief counsel.

Senator MCCLELLAN. The committee will come to order. I understand other members of the committee may be present later but we will not wait on them. We will begin.

We are so occupied with our duties today, they are so voluminous and so burdensome, Senators just can't be everywhere they should be and all places they should be. Time just does not permit it. I am supposed to be in an appropriation conference this morning over in the House; I could not do that; I had to leave my proxy. So we will just have to proceed and take up the time we have allotted to this today and tomorrow whether others can attend or not.

The Chair would like to make this brief, opening statement.

The subcommittee today is reopening the hearings on legislation for general revision of the copyright law, S. 1361.

Some commentators in recent years have expressed concern that the Congress has too frequently yielded the initiative in legislative matters to the executive branch of the Government.

The legislation that is before us today is exclusively the work product of the legislative branch of the Government and despite the many other pressing demands upon the time of the Members of Congress, I think it is appropriate that we now undertake to process the pending bill which incorporates a copyright revision program.

The subcommittee has previously held 17 days of hearings on copyright revision, during which time we received testimony from approximately 150 witnesses. A number of public and staff conferences were held subsequent to the earlier hearings.

So now without objection, the Chair directs that the previous hearings on S. 1006 of the 89th Congress and S. 597 of the 90th Congress be incorporated by reference as part of the proceedings on S. 1361.

Action on copyright legislation has been necessarily delayed awaiting a resolution of several issues, most notably the formulation by the Federal Communications Commission of a new cable television regulatory scheme. This has now been accomplished through the able leadership of Chairman Dean Burch.

Now today and tomorrow we will hear testimony of witnesses on
selected copyright issues, concerning which there have been develop-
ments since the previous hearings. There are a number of other con-
troversial issues in this legislation and these will be further reviewed
by the subcommittee as the bill is processed.

Mr. Counsel, do you have any statement before we proceed?

Mr. BRENNAN. Yes, I do, Mr. Chairman. I request at this time that
the notice of this hearing to be followed by the text of the bill, S. 1361,
be printed in the record.

Senator MCCLELLAN. The notice of the hearing and a copy of S. 1361,
the bill under consideration will be printed in the record at this point.
[The notice of the hearing and a copy of the bill, S. 1361, follow:]

[Congressional Record-Senate, July 10, 1973]


Mr. MCCLELLAN. Mr. President, as chairman of the Subcommittee on Patents,
Trademarks and Copyrights I previously announced that the subcommittee would
reopen the hearings on legislation for the general revision of the copyright law,
S. 1361, to receive additional testimony on selected issues.

The dates and issues of the hearings are as follows: July 31, morning-library
photocopying; July 31, afternoon-general educational exemptions; August 1,
morning-cable television royalty schedule; August 1, afternoon-carriage of
sporting events by cable television, and August 1, afternoon-religious broad-
casting exemption.

The hearings will commence each day at 10 a.m. and 2 p.m. in room 1114 of the
Dirksen Senate Office Building.

The subcommittee will allocate time to the principal representatives of the
various points of view on each issue. Those who cannot be accommodated during
the hearings may submit written statements for inclusion in the record.

Those who desire additional information should contact the staff of the sub-
committee at 225-2268.


S. 1361


MARCH 26, 1973

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


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

2 United States of America in Congress assembled,

SEC. 101. Title 17 of the United States Code, entitled "Copyrights,"



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101. Definitions.

102. Subject matter of copyright: In general.

103. Subject matters 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: Reproduction by libraries and archives.


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109. Limitations on exclusive rights: Effect of transfer of particular copy or

110. Limitations on exclusive rights: Exemption of certain performances and


111. Limitations on exclusive rights: Secondary transmissions.

112. Limitations on exclusive rights: Ephemeral recordings.

113. Scope of exclusive rights in pictorial, graphic, and sculptural works.

114. Scope of exclusive rights in sound recordings.

115. Scope of exclusive rights in nondramatic musical works: Compulsory license
for making and distributing phonorecords.

116. Scope of exclusive rights in nondramatic musical works and sound record-
ings: Public performances by means of coinoperated phonorecord players.
117. Scope of exclusive rights: Use in conjunction with computers and similar
information systems.

§ 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.

"Audiovisual works" are works that consist of a series of related images which are intrinsically intended to be shown by the use of machines or devices such as projectors, viewers, or electronic equipment, together with accompanying sounds, if any, regardless of the nature of the material objects, such as films or tapes, in which the works are embodied.

The "best edition" of a work is the edition, published in the United States at any time before the date of deposit, that the Library of Congress determines to be most suitable for its purposes. A person's "children" are his immediate offspring, whether legitimate or not, and any children legally adopted by him.

A "collective work" is a work, such as a periodical issue, anthology, 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 assembling of pre-existing materials or of data that are selected, coordinated, 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 developed, and from which the work can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or

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device. The term "copies" includes the material object, 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 particular 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 constitutes 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 preexisting works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, 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 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.

To "display" a work means to show a copy of it, either directly or by means of a film, slide, television image, or any other device or process or, in the case of a motion picture or other audiovisual work, to show individual images nonsequentially.

A work is "fixed" in a tangible medium of expression when its embodiment in a copy or phonorecord, by or under the authority of the author, is sufficiently permanent or stable to permit it to be perceived, reproduced, or otherwise communicated for a period of more than transitory duration. A work consisting of sounds, images, or both, that are being transmitted, is "fixed" for purposes of this title if a fixation of the work is being made simultaneously with its transmission.

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 other than audiovisual works, expressed in words, numbers, or other verbal or numerical sym

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