Ask the Scholar
Document scope · 1 page
Scholar
Ask about this object, its catalog metadata, its source description, or the page inventory.
For page-specific OCR and visual context, open one of the page chats.
Scholar Source Context
Document identity
localId
12012110
label
1976/10/19 S22 Copyright Law Revision (2)
core
doc
dtoType
document
citationUrl
pageCount
1
Source metadata
id
12012110
sourceUrl
contentType
document
title
1976/10/19 S22 Copyright Law Revision (2)
citationUrl
collections
White House Records Office: Legislation Case Files
Legislation Case Files
subjects
Copyright
Legislation
thumbnailUrl
largeImageUrl
imageCount
1
hasImages
yes
source
import
hasTranscription
no
Source extras
naId
12012110
coverageEndDate
logicalDate
1976-10-31
month
10
year
1976
coverageStartDate
logicalDate
1976-10-01
month
10
year
1976
levelOfDescription
fileUnit
recordType
description
ocrSource
nara-archive
Single page context
seq
1
pageIndex
0
type
document
mediaId
df29c7309206ed4b
ocrText
The original documents are located in Box 66, folder "10/18/76 S22 Copyright Law
Revision (2)" of the White House Records Office: Legislation Case Files at the Gerald R.
Ford Presidential Library.
Copyright Notice
The copyright law of the United States (Title 17, United States Code) governs the making of
photocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United
States of America his copyrights in all of his unpublished writings in National Archives collections.
Works prepared by U.S. Government employees as part of their official duties are in the public
domain. The copyrights to materials written by other individuals or organizations are presumed to
remain with them. If you think any of the information displayed in the PDF is subject to a valid
copyright claim, please contact the Gerald R. Ford Presidential Library.
Exact duplicates within this folder were not digitized.
Digitized from Box 66 of the White House Records Office Legislation Case Files
at the Gerald R. Ford Presidential Library
94TH CONGRESS
HOUSE OF REPRESENTATIVES
REPORT
2d Session
No. 94-1476
COPYRIGHT LAW REVISION
SEPTEMBER 3, 1976.-Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
Mr. KASTENMEIER, from the Committee on the Judiciary,
submitted the following
REPORT
together with
ADDITIONAL VIEWS
[To accompany S. 22]
The Committee on the Judiciary, to whom was referred the bill
(S. 22) for the general revision of the copright law, title 17 of the
United States Code, and for other purposes, having considered the
same, report favorably thereon with an amendment in the nature of a
substitute and recommend that the bill as amended do pass.
The amendments are as follows:
Strike all after the enacting clause and insert in lieu thereof the
following:
SEC. 101. Title 17 of the United States Code, entitled "Copyrights",
is hereby amended in its entirety to read as follows:
TITLE 17-COPYRIGHTS
Chapter
Sec.
1. Subject Matter and Scope of Copyright
101
2. Copyright Ownership and Transfer
201
3. Duration of Copyright
301
4. Copyright Notice, Deposit, and Registration
401
5. Copyright Infringement and Remedies
501
6. Manufacturing Requirement and Importation
601
7. Copyright Office
701
8. Copyright Royalty Commission
801
Chapter 1.-SUBJECT MATTER AND SCOPE OF COPYRIGHT
Sec.
101. Definitions.
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 : Reproduction by libraries and archives.
109. Limitations on exclusive rights : Effect of transfer of particular copy or phonorecord.
110. Limitations on exclusive rights : Exemption of certain performances and displays.
111. Limitations on exclusive rights : Secondary transmissions.
112. Limitations on exclusive rights : Ephemeral recordings.
This lengthy publication was not digitized. Please contact the Gerald R. Ford
Presidential Library or the government documents department of a local library to
obtain a copy of this item.
94TH CONGRESS
}
HOUSE OF REPRESENTATIVES
~
REPORT
2d Session
No. 94-1733
GENERAL REVISION OF THE COPYRIGHT LAW,
TITLE 17 OF THE UNITED STATES CODE
SEPTEMBER 29, 1976.-Ordered to be printed
Mr. KASTENMEIER, from the committee of conference,
submitted the following
CONFERENCE REPORT
[To accompany S. 22]
The committee of conference on the disagreeing votes of the two
Houses on the amendments of the House to the bill (S. 22) for the
general revision of the Copyright Law, title 17 of the United States
Code, and for other purposes having met, after full and free con-
ference, have agreed to recommend and do recommend to their re-
spective Houses as follows:
That the Senate recede from its disagreement to the amendment of
the House and agree to the same with an amendment, as follows: In
lieu of the matter proposed to be inserted by the House amendment
insert the following:
TITLE I-GENERAL REVISION OF COPYRIGHT LAW
SEC. 101. Title 17 of the United States Code, entitled "Copyrights",
is hereby amended in its entirety to read as follows:
TITLE 17-COPYRIGHTS
Chapter
Sec.
1. Subject matter and scope of copyright
101
2. Copyright ownership and transfer
3. Duration of copyright
201
301
4. Copyright notice, deposit, and registration
5. Copyright infringement and remedies
401
501
6. Manufacturing requirement and importation
7. Copyright office
601
8. Copyright royalty tribunal
701
801
CHAPTER 1.-SUBJECT MATTER AND SCOPE OF COPYRIGHT
Sec.
101. Definitions.
102. Subject matter of copyright: In general.
103. Subject matter of copyright: Compilations and derivative works.
104. Subject matter of copyright: National origin.
57-006 O - 76 - 3
2
3
105. Subject matter of copyright: United States Government works.
A work is "created" when it is fixed in a copy or phonorecord
106. Exclusive rights in copyrighted works.
107. Limitations on exclusive rights: Fair use.
for the first time; where α work is prepared over a period of time,
108. Limitations on exclusive rights: Reproduction by libraries and archives.
the portion of it that has been fixed at any particular time con-
109. Limitations on exclusive rights: Effect of transfer of particular copy or
stitutes the work as of that time, and where the work has been
phonorecord.
110. Limitations on exclusive rights: Exemption of certain performances and
prepared in different versions, each version constitutes a separate
work.
displays.
111. Limitations on exclusive rights: Secondary transmissions.
A "derivative work" is a work based upon one or more pre-1
112. Limitations on exclusive rights: Ephemeral recordings.
existing works, such as a translation, musical arrangement,
113. Scope of exclusive rights in pictorial, graphic, and sculptural works.
dramatization, fictionalization, motion picture version, sound re-
114. Scope of exclusive rights in sound recordings.
115. Scope of exclusive rights in nondramatic musical works: Compulsory license
cording, art reproduction, abridgment, condensation, or any other
for making and distributing phonorecords.
form in which a work may be recast, transformed, or adapted. A
116. Scope of exclusive rights in nondramatic musical works: Public perform-
work consisting of editorial revisions, annotations, elaborations,
ances by means of coin-operated phonorecord players.
or other modifications which, as a whole, represent an original
117. Scope of exclusive rights: Use in conjunction with computers and similar
work of authorship, is α "derivative work".
information systems.
118. Scope of exclusive rights: Use of certain works in connection with noncom-
A "device", "machine", or "process" is one now known or later
mercial broadcasting.
developed.
§ 101. Definitions
To "display" a work means to show a copy of it, either directly
As used in this title, the following terms and their variant forms
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
mean the following:
An "anonymous work" is a work on the copies or phonorecords
work, to show individual images nonsequentially.
of which no natural person is identified as author.
A work is "fiixed" in a tangible medium of expression when its
"Audiovisual works" are works that consist of a series of related
embodiment in a copy or phonorecord, by or under the authority
images which are intrinsically intended to be shown by the use of
of the author, is sufficiently permanent or stable to permit it to be
machines or devices such as projectors, viewers, or electronic
perceived, reproduced, or otherwise communicated for a period
equipment, together with accompanying sounds, if any, regardless
of more than transitory duration. A work consisting of sounds,
of the nature of the material objects, such as films or tapes, in
images, or both, that are being transmitted, is "fixed" for pur-
which the works are embodied.
poses of this title if a fixation of the work is being made simul-
taneously with its transmission.
The "best edition" of a work is the edition, published in the
United States at any time before the date of deposit, that the
The terms "including" and "such as" are illustrative and not
limitative.
Library of Congress determines to be most suitable for its
A "joint work" is a work prepared by two or more authors with
purposes.
A person's "children" are that person's immediate offspring,
the intention that their contributions be merged into inseparable
or interdependent parts of a unitary whole.
whether legitimate or not, and any children legally adopted by
"Literary works" are works, other than audiovisual works, ex-
that person.
A "collective work" is a work, such as a periodical issue, anthol-
pressed in words, numbers, or other verbal or numerical symbols
or indicia, regardless of the nature of the material objects, such
ogy, or encyclopedia, in which a number of contributions, con-
stituting separate and independent works in themselves, are
as books, periodicals, manuscripts, phonorecords, film, tapes,
disks, or cards, in which they are embodied.
assembled into a collective whole.
A "compilation" is a work formed by the collection and assem-
"Motion pictures" are audiovisual works consisting of a series
of related images which, when shown in succession, impart an
bling of preexisting materials or of data that are selected,
coordinated, or arranged in such a way that the resulting work
impression of motion, together with accompanying sounds, if any.
as a whole constitutes an original work of authorship. The term
To "perform" a work means to recite, render, play, dance, or
act it, either directly or by means of any device or process or, in
"compilation" includes collective works.
the case of a motion picture or other audiovisual work, to show its
"Copies" are material objects, other than phonorecords, in
which a work is fixed by any method now known or later de-
images in any sequence or to make the sounds accompanying it
audible.
veloped, and from which the work can be perceived, reproduced,
"Phonorecords" are material objects in which sounds, other
or otherwise communicated, either directly or with the aid of a
than those accompanying a motion picture or other audiovisual
machine or device. The term "copies" includes the material ob-
work, are fixed by any method now known or later developed, and
ject, other than a phonorecord, in which the work is first fixed.
from which the sounds can be perceived, reproduced, or otherwise
"Copyright owner", with respect to any one of the exclusive
communicated, either directly or with the aid of a machine or de-
rights comprised in a copyright, refers to the owner of that par-
vice. The term "phonorecords" includes the material object in
ticular right.
which the sounds are first fixed.
4
5
"Pictorial, graphic, and sculptural works" include two-
monwealth of Puerto Rico, and the organized territories under
dimensional and three-dimensional works of fine, graphic, and
the jurisdiction of the United States Government.
applied art, photographs, prints and art reproductions, maps,
A "useful article" is an article having an intrinsic utilitarian
globes, charts, technical drawings, diagrams, and models. Such
function that is not merely to portray the appearance of the article
works shall include works of artistic craftsmanship insofar as their
or to convey information. An article that is normally a part of a
form but not their mechanical or utilitarian aspects are concerned;
useful article is considered a "useful article".
the design of a useful article, as defined in this section, shall be
The author's "widow" or "widower" is the author's surviving
considered a pictorial, graphic, or sculptural work only if, and
spouse under the law of the author's domicile at the time of his
only to the extent that, such design incorporates pictorial, graphic,
or her death, whether or not the spouse has later remarried.
or sculptural features that can be identified separately from, and
A "work of the United States Government" is a work prepared
are capable of existing independently of, the utilitarian aspects
by an officer or employee of the United States Government as part
of that person's official duties.
of the article.
A "pseudonymous work" is a work on the copies or phono-
A "work made for hire" is-
records of which the author is identified under a fictitious name.
(1) a work prepared by an employee within the scope of
"Publication" is the distribution of copies or phonorecords of a
his or her employment; or
work to the public by sale or other transfer of ownership, or by
(2) a work specially ordered or commissioned for use as a
rental, lease, or lending. The offering to distribute copies or
contribution to a collective work, as a part of a motion picture
phonorecords to a group of persons for purposes of further dis-
or other audiovisual work, as a translation, as a supplemen-
tribution, public performance, or public display, constitutes pub-
tary work, as a compilation, as an instructional text, as a test,
lication. A public performance or display of a work does not of
as answer material for a test, or as an atlas, if the parties ex-
itself constitute publication.
pressly agree in a written instrument signed by them that the
To perform or display a work "publicly" means-
work shall be considered a work made for hire. For the pur-
(1) to perform or display it at α place open to the public or
pose of the foregoing sentence, a "supplementary work" is a
at any place where a substantial number of persons outside of
work prepared for publication as a secondary adjunct to a
a normal circle of a family and its social acquaintances is
work by another author for the purpose of introducing, con-
gathered; or
cluding, illustrating, explaining, revising, commenting upon,
(2) to transmit or otherwise communicate a performance
or assisting in the use of the other work, such as forewords,
or display of the work to a place specified by clause (1) or to
afterwords, pictorial illustrations, maps, charts, tables, edi-
the public, by means of any device or process, whether the
torial notes, musical arrangements, answer material for tests,
members of the public capable of receiving the performance
bibliographies, appendixes, and indexes, and an "instructional
or display receive it in the same place or in separate places
text" is a literary, pictorial, or graphic work prepared for
and at the same time or at different times.
publication with the purpose of use in systematic instruc-
"Sound recordings" are works that result from the fixation of a
tional activities.
series of musical, spoken, or other sounds, but not including the
§ 102. Subject matter of copyright: In general
sounds accompanying a motion picture or other audiovisual work,
regardless of the nature of the material objects, such as disks,
(a) Copyright protection subsists, in accordance with this title, in
tapes, or other phonorecords, in which they are embodied.
original works of authorship fixed in any tangible medium of expres-
"State" includes the District of Columbia and the Common-
sion, now known or later developed, from which they can be perceived,
wealth of Puerto Rico, and any territories to which this title is
reproduced, or otherwise communicated, either directly or with the aid
of a machine or device. Works of authorship include the following
made applicable by an Act of Congress.
categories:
A "transfer of copyright ownership" is an assignment, mort-
(1) literary works;
gage, exclusive license, or any other conveyance, alienation, or
hypothecation of a copyright or of any of the exclusive rights
(2) musical works, including any accompanying words;
comprised in a copyright, whether or not it is limited in time or
(3) dramatic works, including any accompanying music;
(4) pantomimes and choreographic works;
place of effect, but not including a nonexclusive license.
A "transmission program" is a body of material that, as an
(5) pictorial, graphic, and sculptural works;
aggregate, has been produced for the sole purpose of transmission
(6) motion pictures and other audiovisual works; and
(7) sound recordings.
to the public in sequence and as a unit.
To "transmit" a performance or display is to communicate it
(b) In no case does copyright protection for an original work of
by any device or process whereby images or sounds are received
authorship extend to any idea, procedure, process, system, method of
beyond the place from which they are sent.
operation, concept, principle, or discovery, regardless of the form in
The "United States", when used in a geographical sense, com-
which it is described, explained, illustrated, or embodied in such work.
prises the several States, the District of Columbia and the Com-
6
7
§ 103. Subject matter of copyright: Compilations and derivative
is not precluded from receiving and holding copyrights transferred to
works
it by assignment, bequest, or otherwise.
(a) The subject matter of copyright as specified by section 102 in-
cludes compilations and derivative works, but protection for α work
§ 106. Exclusive rights in copyrighted works
employing preexisting material in which copyright subsists does not
Subject to sections 107 through 118, the owner of copyright under
extend to any part of the work in which such material has been used
this title has the exclusive rights to do and to authorize any of the
untawfully.
following:
(b) The copyright in α compilation or derivative work extends only
(1) to reproduce the copyrighted work in copies or phono-
to the material contributed by the author of such work, as distin-
records;
guished from the preeixsting material employed in the work, and does
(2) to prepare derivative works based upon the copyrighted
not imply any exclusive right in the preexisting material. The copy-
work;
right in such work is independent of, and does not affect or enlarge
(3) to distribute copies or phonorecords of the copyrighted
the scope, duration, ownership, or subsistence of, any copyright pro-
work to the public by sale or other transfer of ownership, or by
tection in the preexisting material.
rental, lease, or lending;
(4) in the case of literary, musical, dramatic, and choreo-
§ 104. Subject matter of copyright: National origin
graphic works, pantomimes, and motion pictures and other audio-
(a) UNPUBLISHED WORKS.--The works specified by sections 102
visual works, to perform the copyrighted work publicly; and
and 103, while unpublished, are subject to protection under this title
(5) in the case of literary, musical, dramatic, and choreo-
without regard to the nationality or domicile of the author.
graphic works, pantomimes, and pictorial, graphic, or sculptural
(b) PUBLISHED WORKS.-The works specified by sections 102 and
works, including the individual images of a motion picture or
103, when published, are subject to protection under this title if-
other audiovisual work, to display the copyrighted work publicly.
(1) on the date of first publication, one or more of the authors
§ 107. Limitations on exclusive rights: Fair use
is a national or domiciliary of the United States, or is a national,
domiciliary, or sovereign authority of a foreign nation that is a
Notwithstanding the provisions of section 106, the fair use of a
party to a copyright treaty to which the United States is also a
copyrighted work, including such use by reproduction in copies or
party, or is a stateless person, wherever that person may be domi-
phonorecords or by any other means specified by that section, for
ciled; or
purposes such as criticism, comment, news reporting, teaching (includ-
(2) the work is first published in the United States or in a for-
ing multiple copies for classroom use), scholarship, or research, is not
eign nation that, on the date of first publications, is a party to the
an infringement of copyright. In determining whether the use made
Universal Copyright Convention; or
of a work in any particular case is a fair use the factors to be con-
sidered shall include-
(3) the work is first published by the United Nations or any of
its specialized agencies, or by the Organization of American
(1) the purpose and character of the use, including whether
States; or
such use is of a commercial nature or is for nonprofit educational
(4) the work comes within the scope of α Presidential procla-
purposes;
mation. Whenever the President finds that a particular foreign
(2) the nature of the copyrighted work;
nation extends, to works by authors who are nationals or domi-
(3) the amount and substantiality of the portion used in rela-
ciliaries of the United States or to works that are first published
tion to the copyrighted work as a whole; and
in the United States, copyright protection on substantially the
(4) the effect of the use upon the potential market for or value
same basis as that on which the foreign nation extends protection
of the copyrighted work.
to works of its own nationals and domiciliaries and works first
§ 108. Limitations on exclusive rights: Reproduction by libraries
published in that nation, the President may by proclamation ex-
and archives
tend protection under this title to works of which one or more of
(a) Notwithstanding the provisions of section 106, it is not an in-
the authors is, on the date of first publication, a national, domicil-
fringement of copyright for a library or archives, or any of its em-
iary, or sovereign authority of that nation, or which was first
ployees acting within the scope of their employment, to reproduce no
published in that nation. The President may revise, suspend, or
more than one copy or phonorecord of a work, or to distribute such
revoke any such proclamation or impose any conditions or limita-
copy or phonorecord, under the conditions specified by this section,
tions on protection under a proclamation.
if-
§ 105. Subject matter of copyright: United States Government
(1) the reproduction or distribution is made without any pur-
works
pose of direct or indirect commercial advantage;
Copyright protection under this title is not available for any work
(2) the collections of the library or archives are (i) open to
of the United States Government, but the United States Government
the public, or (ii) available not only to researchers affiliated with
the library or archives or with the institution of which it is a
8
9
part, but also to other persons doing research in a specialized field;
and
liabiilty for copyright infringement for any such act, or for any
(3) the reproduction or distribution of the work includes a
later use of such copy or phonorecord, if it exceeds fair use as
provided by section 107;
notice of copyright.
(b) The rights of reproduction and distribution under this section
(3) shall be construed to limit the reproduction and distribu-
apply to a copy or phonorecord of an unpublished work duplicated in
tion by lending of a limited number of copies and excerpts by a
facsimile form solely for purposes of preservation and security or for
library or archives of an audiovisual news program, subject to
deposit for research use in another library or archives of the type
clauses (1), (2), and (3) of subsection (a); or
descibed by clause (2) of subsection (α), if the copy or phonorecord
(4) in any way affects the right of fair use as provided by sec-
reproduced is currently in the collections of the library or archives.
tion 107, or any contractual obligations assumed at any time by the
(c) The right of reproduction under this section applies to α copy or
library or archives when it obtained a copy or phonorecord of a
work in its collections.
phonorecord of a published work duplicated in facsimile form solely
for the purpose of replacement of a copy or phonorecord that is
(g) The rights of reproduction and distribution under this section
damaged, deteriorating, lost, or stolen, if the library or archives has,
extend to the isolated and unrelated reproduction or distribution of a
after a reasonable effort, determined that an unused replacement can-
single copy or phonorecord of the same material on separate occasions,
not be obtained at a fair price.
but do not extend to cases where the library or archives, or its
(d) The rights of reproduction and distribution under this section
employee-
apply to a copy, made from the collection of a library or archives
(1) is aware or has substantial reason to believe that it is en-
where the user makes his or her request or from that of another library
gaging in the related or concerted reproduction or distribution of
or archives, of no more than one article or other contribution to a copy-
multiple copies or phonorecords of the same material, whether
righted collection or periodical issue, or to a copy or phonorecord of
made on one occasion or over a period of time, and whether in-
a small part of any other copyrighted work, if-
tended for aggregate use by one or more individuals or for sepa-
(1) the copy or phonorecord becomes the property of the user,
rate use by the individual members of a group; or
and the library or archives has had no notice that the copy or
(2) engages in the systematic reproduction or distribution of
phonorecord would be used for any purpose other than private
single or multiple copies or phonrecords of material described
study, scholarship, or research; and
in subsection (d) : Provided, That nothing in this clause prevents
(2) the library or archives displays prominently, at the place
a library or archives from participating in interlibrary arrange-
where orders are accepted, and includes on its order form, a warn-
ments that do not have, as their purpose or effect, that the library
ing of copyright in accordance with requirements that the Register
or archives receiving such copies or phonorecords for distribution
of Copyrights shall prescribe by regulation.
does 30 in such aggregate quantities as to substitute for a subscrip-
(e) The rights of reproduction and distribution under this section
tion to or purchase of such work.
apply to the entire work, or to a substantial part of it, made from the
(h) The rights of reproduction and distribution under this section
collection of a library or archives where the user makes his or her
do not apply to α musical work, a pictorial, graphic or sculptural work,
or a motion picture or other audiovisual work other than an audio-
request or from that of another library or archives, if the library or
archives has first determined. on the basis of a reasonable investigation,
visual work dealing with news, except that no such limitation shall
that a copy or phonorecord of the copyrighted work cannot be ob-
apply with respect to rights granted by subsections (b) and (c), or
with respect to pictorial or graphic works published as illustrations,
tained at a fair price, if
(1) the copy or phonorecord becomes the property of the user,
diagrams, or similar adjuncts to works of which copies are reproduced
and the library or archives has had no notice that the copy or
or distributed in accordance with subsections (d) and (e).
phonorecord would be used for any purpose other than private
(i) Five years from the effective date of this Act, and at five-year
study, scholarship, or research; and
intervals thereafter, the Register of Copyrights, after consulting with
(2) the library or archives displays prominently, at the place
representatives of authors, book and periodical publishers, and other
where orders are accepted, and includes on its order from, a warn-
owners of copyrighted materials, and with representatives of library
ing of copyright in accordance with requirements that the Register
users and librarians, shall submit to the Congress a report setting
forth the extent to which this section has achieved the intended statu-
of Copyrights shall prescribe by regulation.
(f) Nothing in this section-
tory balancing of the rights of creators, and the needs of users. The
(1) shall be construed to impose liability for copyright in-
report should also describe any problems that may have arisen, and
fringement upon a library or archives or its employees for the
present legislative or other recommendations, if warranted.
unsupervised use of reproducing equipment located on its
§ 109. Limitations on exclusive rights: Effect of transfer of par-
premises: Provided, That such equipment displays a notice that
ticular copy or phonorecord
the making of a copy may be subject to the copyright law;
(a) Notwithstanding the provisions of section 106(3), the owner of
(2) excuses a person who uses such reproducing equipment or
a particular copy or phonorecord lawfully made under this title, or
who requests a copy or phonorecord under subsection (d) from
any person authorized by such owner, is entitled, without the author-
H.Rept. 94-1733 2
10
11
ity of the copyright owner, to sell or otherwise dispose of the posses-
(A) there is no direct or indirect admission charge; or
sion of that copy or phonorecord.
(b) Notwithstanding the provisions of section 106(5), the owner
(B) the proceeds, after deducting the reasonable costs of
producing the performance, are used exclusively for educa-
of a particular copy lawfully made under this title, or any person au-
thorized by such owner, is entitled, without the authority of the copy-
tional, religious, or charitable purposes and not for private
right owner, to display that copy publicly, either directly or by the
financial gain, except where the copyright owner has served
projection of no more than one image at a time, to viewers present at
notice of objection to the performance under the following
conditions:
the place where the copy is located.
(c) The privileges prescribed by subsections (a) and (b) do not,
(i) the notice shall be in writing and signed by the
unless authorized by the copyright owner, extend to any person who
copyright owner or such owner's duly authorized agent;
and
has acquired possession of the copy or phonorecord from the copy-
(ii) the notice shall be served on the person responsi-
right owner, by rental, lease, loan, or otherwise, without acquiring
ble for the performance at least seven days before the
ownership of it.
date of the performance, and shall state the reasons for
§ 110. Limitations on exclusive rights: Exemption of certain per-
the objection; and
formances and displays
(iii) the notice shall comply, in form, content, and
Notwithstanding the provisions of section 106, the following are
manner of service, with requirements that the Register
not infringements of copyright:
of Copyrights shall prescribe by regulation;
(1) performance or display of a work by instructors or pupils
(5) communication of a transmission embodying a performance
in the course of face-to-face teaching activities of a nonprofit
or display of a work by the public reception of the transmission
educational institution, in a classroom or similar place devoted to
on a single receiving apparatus of a kind commonly used in
instruction, unless, in the case of a motion picture or other audio-
private homes, unless-
visual work, the performance, or the display of individual images,
(A) a direct charge is made to see or hear the transmission;
is given by means of a copy that was not lawfully made under
or
this title, and that the person responsible for the performance
(B) the transmission thus received is further transmitted
knew or had reason to believe was not lawfully made;
to the public;
(2) performance of a nondramatic literary or musical work or
(6) performance of a nondramatic musical work by a govern-
display of a work, by or in the course of a transmission, if-
mental body or a nonprofit agricultural or horticultural organiza-
(A) the performance or display is a regular part of the
tion, in the course of an annual agricultural or horticultural fair
systematic instructional activities of a governmental body
or exhibition conducted by such body or organization; the exemp-
or a nonprofit educational institution; and
tion provided by this clause shall extend to any liability for copy-
(B) the performance or display is directly related and of
right infringement that would otherwise be imposed on such body
material assistance to the teaching content of the transmis-
or organization, under doctrines of vicarious liability or related
sion; and
infringement, for a performance by a concessionnaire, business
(C) the transmission is made primarily for-
establishment, or other person at such fair or exhibition, but shall
(i) reception in classrooms or similar places normally
not excuse any such person from liability for the performance;
devoted to instruction, or
(7) performance of a nondramatic musical work by a vending
(ii) reception by persons to whom the transmission is
establishment open to the public at large without any direct or
directed because their disabilities or other special cir-
indirect admission charge, where the sole purpose of the perform-
cumstances prevent their attendance in classrooms or
ance is to promote the retail sale of copies or phonorecords of the
similar places normally devoted to instruction, or
work, and the performance is not transmitted beyond the place
(iii) reception by officers or employees of govern-
where the establishment is located and is within the immediate
mental bodies as a part of their official duties or employ-
area where the sale is occurring;
ment;
(8) performance of a nondramatic literary work, by or in the
(3) performance of a nondramatic literary or musical work or
course of a transmission specifically designed for and primarily
of a dramatico-musical work of a religious nature, or display of a
directed to blind or other handicapped persons who are unable to
work, in the course of services at α place of worship or other re-
read normal printed material as a result of their handicap, or
ligious assembly;
deaf or other handicapped persons who are unable to hear the
(4) performance of a nondramatic literary or musical work
aural signals accompanying a transmission of visual signals, if
otherwise than in a transmission to the public, without any pur-
the performance is made without any purpose of direct or indirect
pose of direct or indirect commercial advantage and without pay-
commercial advantage and its transmission is made through the
ment of any fee or other compensation for the performance to any
facilities of (i) a governmental body; or (ii) a noncommercial
of its performers, promoters, or organizers, if-
educational broadcast station (as defined in section 397 of title
47); or (iii) a radio subcarrier authorization (as defined in 47
12
13
CFR 73.293-73.295 and 73.593-73.595) ; or (iv) a cable system (as
defined in section 111(f).
controlled and limited to reception by particular members of the pub-
(9) performance on a single occasion of a dramatic literary
lic: Provided, however, That such secondary transmission is not action-
able as an act of infringement if-
work published at least ten years before the date of the perform-
ance, by or in the course of a transmission specifically designed
(1) the primary transmission is made by a broadcast station
for and primarily directed to blind or other handicapped per-
licensed by the Federal Communications Commission; and
sons who are unable to read normal printed material as a result
(2) the carriage of the signals comprising the secondary trans-
of their handicap, if the performance is made without any pur-
mission is required under the rules, regulations, or authoriza-
pose of direct or indirect commercial advantage and its trans-
tions of the Federal Communications Commission; and
mission is made through the facilities of a radio subcarrier au-
(3) the signal of the primary transmitter is not altered or
thorization referred to in clause (8) (iii), Provided, That the
changed in any way by the secondary transmitter.
provisions of this clause shall not be applicable to more than one
(c) SECONDARY TRANSMISSIONS BY CABLE SYSTEMS.-
performance of the same work by the same performers or under
(1) Subject to the provisions of clauses (2), (3), and (4) of
the auspices of the same organization.
this subsection, secondary transmissions to the public by a cable
system of a primary transmission made by a broadcast station
§ 111. Limitations on exclusive rights: Secondary transmissions
licensed by the Federal Communications Commission or by an
(a) CERTAIN SECONDARY TRANSMISSIONS EXEMPTED.-The secondary
appropriate governmental authority of Canada or Mexico and
transmission of a primary transmission embodying a performance
embodying a performance or display of a work shall be subject
or display of a work is not an infringement of copyright if-
to compulsory licensing upon compliance with the requirements
(1) the secondary transmission is not made by a cable system,
of subsection (d) where the carriage of the signals comprising the
and consists entirely of the relaying, by the management of a
secondary transmission is permissible under the rules, regulations,
hotel, apartment house, or similar establishment, of signals trans-
or authorizations of the Federal Communications Commission.
mitted by a broadcast station licensed by the Federal Communica-
(2) Notwithstanding the provisions of clause (1) of this sub-
tions Commission, within the local service area of such station, to
section, the willful or repeated secondary transmission to the
the private lodgings of guests or residents of such establishment,
public by a cable system of a primary transmission made by a
and no direct charge is made to see or hear the secondary trans-
broadcast station licensed by the Federal Communications Com-
mission; or
mission or by an appropriate governmental authority of Canada
(2) the secondary transmission is made solely for the purpose
or Mexico and embodying a performance or display of a work is
and under the conditions specified by clause (2) of section 110; or
actionable as an act of infringement under section 501, and is
(3) the secondary transmission is made by any carrier who has
fully subject to the remedies provided by sections 502 through
no direct or indirect control over the content or selection of the
506 and 509, in the following cases:
primary transmission or over the particular recipients of the sec-
(A) where the carriage of the signals comprising the sec-
ondary transmission, and whose activities with respect to the sec-
ondary transmission consist solely of providing wires, cables, or
ondary transmission is not permissible under the rules, regu-
lations, or authorizations of the Federal Communications
other communications channels for the use of others: Provided,
Commission; or
That the provisions of this clause extend only to the activities of
(B) where the cable system has not recorded the notice
said carrier with respect to secondary transmissions and do not
exempt from liability the activities of others with respect to their
specified by subsection (d) and deposited the statement of
account and royalty fee required by subsection (d).
own primary or secondary transmissions; or
(4) the secondary transmission is not made by a cable system
(3) Nothwithstanding the provisions of clause (1) of this sub-
but is made by a governmental body, or other nonprofit organiza-
section and subject to the provisions of subsection (e) of this sec-
tion, without any purpose of direct or indirect commercial advan-
tion, the secondary transmission to the public by a cable system
of a primary transmission made by a broadcast station licensed
tage, and without charge to the recipients of the secondary trans-
mission other than assessments necessary to defray the actual and
by the Federal Communications Commission or by an appropriate
reasonable costs of maintaining and operating the secondary
governmental authority of Canada or Mexico and embodying a
transmission service.
performance or display of a work is actionable as an act of in-
(b) SECONDARY TRANSMISSION OF PRIMARY TRANSMISSION TO Con-
fringement under section 501, and is fully subject to the remedies
TROLLED GROUP-Notwithstanding the provisions of subsections (a)
provided by sections 502 through 506 and sections 509 and 510, if
and (c), the secondary transmission to the public of a primary trans-
the content of the particular program in which the performance
mission embodying a performance or display of a work is actionable
or display is embodied, or any commercial advertising or station
as an act of infringement under section 501, and is fully subject to the
announcements transmitted by the primary transmitter during,
remedies provided by section's 502 through 506 and 509, if the primary
or immediately before or after, the transmission of such program,
transmission is not made for reception by the public at large but is
is in any way willfully altered by the cable system through
changes, deletions, or additions, except for the alteration, dele-
14
15
tion, or substitution of commercial advertisements performed by
those engaged in television commercial advertising market re-
sultation with the Copyright Royalty Tribunal (if and when the
search: Provided, That the research company has obtained the
Tribunal has been constituted), prescribe by regulation-
prior consent of the advertiser who has purchased the original
(A) a statement of account, covering the six months next
commercial advertisement, the television station broadcasting
preceding, specifying the number of channels on which the
that commercial advertisement, and the cable system performing
cable system made secondary transmissions to its subscribers,
the secondary transmission: And provided further, That such
the names and locations of all primary transmitters whose
commercial alteration, deletion, or substitution is not performed
transmissions were further transmitted by the cable system,
for the purpose of deriving income from the sale of that com-
the total number of subscribers, the gross amounts paid to the
mercial time.
cable system for the basic service of providing secondary
(4) Notwithstanding the provisions of clause (1) of this sub-
transmissions of primary broadcast transmitters, and such
section, the secondary transmission to the public by a cable sys-
other data as the Register of Copyrights may, after consulta-
tem of a primary transmission made by a broadcast station li-
tion with the Copyright Royalty Tribunal (if and when the
censed by an appropriate governmental authority of Canada or
Tribunal has been constituted), from time to time prescribe
Mexico and embodying a performance or display of a work is
by regulation. Such statement shall also include a special
actionable as an act of infringement under section 501, and is
statement of account covering any nonnetwork television
fully subject to the remedies provided by sections 502 through
programing that was carried by the cable system in whole
506 and section 509, if (A) with respect to Canadian signals, the
or in part beyond the local service area of the primary trans-
community of the cable system is located more than 150 miles
mitter, under rules, regulations, or authorizations of the Fed-
from the United States-Canadian border and is also located
eral Communications Commission permitting the substitu-
south of the forty-second parallel of latitude, or (B) with respect
tion or addition of signals under certain circumstances, to-
to Mexican signals, the secondary transmission is made by a cable
gether with logs showing the times, dates, stations, and pro-
system which received the primary transmission by means other
grams involved in such substituted or added carriage; and
than direct interception of a free space radio wave emitted by
(B) except in the case of a cable system whose royalty
such broadcast television station, unless prior to April 15, 1976,
is specified in subclause (C) or (D), a total royalty fee for
such cable system was actually carrying, or was specifically au-
the period covered by the statement, computed on the basis
thorized to carry, the signal of such foreign station on the system
of specified percentages of the gross receipts from subscribers
pursuant to the rules, regulations, or authorizations of the Fed-
to the cable service during said period for the basic service
eral Communications Commission.
of providing secondary transmissions of primary broadcast
transmitters, as follows:
(d) COMPULSORY LICENSE FOR SECONDARY TRANSMISSIONS BY CABLE
SYSTEMS.-
(i) 0.675 of 1 per centum of such gross receipts for
(1) For any secondary transmission to be subject to compul-
the privilege of further transmitting any nonnetwork
sory licensing under subsection (c), the cable system shall, at
programing of a primary transmitter in whole or in
least one month before the date of the commencement of opera-
part beyond the local service area of such primary
tions of the cable system or within one hundred and eighty days
transmitter, such amount to be applied against the fee,
after the enactment of this Act, whichever is later, and thereafter
if any, payable pursuant to paragraphs (ii) through
(iv),
within thirty days after each occasion on which the ownership or
control or the signal carriage complement of the cable system
(ii) 0.675 of 1 per centum of such gross receipts for
the first distant signal equivalent;
changes, record in the Copyright Office a notice including a state-
(iii) 0.425 of 1 per centum of such gross receipts for
ment of the identity and address of the person who owns or oper-
ates the secondary transmission service or has power to exercise
each of the second, third, and fourth distant signal
equivalents;
primary control over it, together with the name and location of
(iv) 0.2 of 1 per centum of such gross receipts for
the primary transmitter or primary transmitters whose signals
the fifth distant signal equivalent and each additional
are regularly carried by the cable system, and thereafter, from
distant signal equivalent thereafter; and
time to time, such further information as the Register of Copy-
in computing the amounts payable under paragraphs (ii)
rights, after consultation with the Copyright Royalty Tribunal
through (iv), above, any fraction of a distant signal equiv-
(if and when the Tribunal has been constituted), shall prescribe
alent shall be computed at its fractional value and, in the
by regulation to carry out the purpose of this clause.
case of any cable system located partly within and partly
(2) A cable system whose secondary transmissions have been
without the local service area of a primary transmitter,
subject to compulsory licensing under subsection (c) shall, on a
gross receipts shall be limited to those gross receipts derived
semiannual basis, deposit with the Register of Copyrights, in ac-
from subscribers located without the local service area of
cordance with requirements that the Register shall, after con-
such primary transmitter; and
16
17
(C) if the actual gross receipts paid by subscribers to a
cable system for the period covered by the statement for the
(A) During the month of July in each year, every person
basic service of providing secondary transmissions of pri-
claiming to be entitled to compulsory license fees for second-
mary broadcast transmitters total $80,000 or less, gross
ary transmissions shall file a claim with the Copyright
receipts of the cable system for the purpose of this sub-
Royalty Tribunal, in accordance with requirements that the
clause shall be computed by subtracting from such actual
Tribunal shall prescribe by regulation. Notwithstanding any
gross receipts the amount by which $80,000 exceeds such
provisions of the antitrust laws, for purposes of this clause
actual gross receipts, except that in no case shall a cable
any claimants may agree among themselves as to the propor-
system's gross receipts be reduced to less than $3,000. The
tionate division of compulsory licensing fees among them,
royalty fee payable under this subclause shall be 0.5 of 1 per
may lump their claims together and file them jointly or as a
centum, regardless of the number of distant signal equiv-
single claim, or may designate a common agent to receive
alents, if any; and
payment on their behalf.
(D) if the actual gross receipts paid by subscribers to a
(B) After the first day of August of each year, the Copy-
cable system for the period covered by the statement, for
right Royalty Tribunal shall determine whether there exists
the basic service of providing secondary transmissions of
a controversy concerning the distribution of royalty fees.
primary broadcast transmitters, are more than $80,000 but
If the Tribunal determines that no such controversy exists,
less than $160,000, the royalty fee payable under this sub-
it shall, after deducting its reasonable administrative costs
clause shall be (i) 0.5 of 1 per centum of any gross receipts
under this section, distribute such fees to the copyright
up to $80,000; and (ii) 1 per centum of any gross receipts
owners entitled, or to their designated agents. If the Tribunal
in excess of $80,000 but less than $160,000, regardless of the
finds the existence of a controversy, it shall, pursuant to
number of distant signal equivalents, if any.
chapter 8 of this title, conduct a proceeding to determine
(3) The Register of Copyrights shall receive all fees deposited
the distribution of royalty fees.
under this section and, after deducting the reasonable costs
(C) During the pendency of any proceeding under this
incurred by the Copyright Office under this section, shall deposit
subsection, the Copyright Royalty Tribunal shall withhold
the balance in the Treasury of the United States, in such manner
from distribution an amount sufficient to satisfy all claims
as the Secretary of the Treasury directs. All funds held by the
with respect to which a controversy exists, but shall have
Secretary of the Treasury shall be invested in interest-bearing
discretion to proceed to distribute any amounts that are not
U.S. securities for later distribution with interest by the Copy-
in controversy.
right Royalty Tribunal as provided by this title. The Register
(e) NONSIMULTANEOUS SECONDARY TRANSMISSIONS BY CABLE Sys-
shall submit to the Copyright Royalty Tribunal, on a semi-
TEMS.--
annual basis, a compilation of all statements of account covering
(1) Notwithstanding those provisions of the second paragraph
the relevant six-month period provided by clause (2) of this
of subsection (f) relating to nonsimultaneous secondary trans-
subsection.
missions by a cable system, any such transmissions are actionable
(4) The royalty fees thus deposited shall, in accordance with
as an act of infringement under section 501, and are fully subject
the procedures provided by clause (5), be distributed to those
to the remedies provided by sections 502 through 506 and sections
among the following copyright owners who claim that their
509 and 510, unless-
works were the subject of secondary transmissions by cable
(A) the program on the videotape is transmitted no more
systems during the relevant semiannual period:
than one time to the cable system's subscribers; and
(A) any such owner whose work was included in a sec-
(B) the copyrighted program, episode, or motion picture
ondary transmission made by a cable system of a nonnet-
videotape, including the commercials contained within such
work television program in whole or in part beyond the
program, episode, or picture, is transmitted without deletion
local service area of the primary transmitter; and
or editing; and
(B) any such owner whose work was included in a sec-
(C) an owner or officer of the cable system (i) prevents
ondary transmission identified in a special statement of
the duplication of the videotape while in the possession of
account deposited under clause (2) (A); and
the system, (ii) prevents unauthorized duplication while in
(C) any such owner whose work was included in non-
the possession of the facility making the videotape for the
network programing consisting exclusively of aural signals
system if the system owns or controls the facility, or takes
carried by a cable system in whole or in part beyond the
reasonable precautions to prevent such duplication if it does
local service area of the primary transmitter of such
not own or control the facility, (iii) takes adequate precau-
programs.
tions to prevent duplication while the tape is being trans-
(5) The royalty fees thus deposited shall be distributed in
ported, and (iv) subject to clause (2), erases or destroys, or
accordance with the following procedures:
causes the erasure or destruction of, the videotape; and
H. Rept. 94-1733 3
18
19
(D) within forty-five days after the end of each calendar
sounds of a program or programs broadcast by a television broad-
quarter, an owner or officer of the cable system executes an
cast station licensed by the Federal Communications Commission,
affidavit attesting (i) to the steps and precautions taken to
regardless of the nature of the material objects, such as tapes or
prevent duplication of the videotape, and (ii) subject to
films, in which the reproduction is embodied.
clause (2), to the erasure or destruction of all videotapes
(f) DEFINITIONS.-A8 used in this section, the following terms and
made or used during such quarter; and
their variant forms mean the following:
(E) such owner or officer places or causes each such affi-
A "primary transmission" is a transmission made to the public
davit, and affidavits received pursuant to clause (2) (σ), to
by the transmitting facility whose signals are being received and
be placed in a file, open to public inspection, at such system's
further transmitted by the secondary transmission service, regard-
main office in the community where the transmission is made
or in the nearest community where such system maintains an
transmitted. less of where or when the performance or display was first
office; and
A "secondary transmission" is the further transmitting of a
(F) the nonsimultaneous transmission is one that the cable
primary transmission simultaneously with the primary transmis-
system would be authorized to transmit under the rules,
sion, or nonsimultaneously with the primary transmission if by a
regulations, and authorizations of the Federal Communica-
"cable system" not located in whole or in part within the boundary
tions Commission in effect at the time of the nonsimultaneous
of the forty-eight contiguous States, Hawaii, or Puerto Rico:
transmission if the transmission had been made simultane-
Provided, however, That a nonsimultaneous further transmission
ously, except that this subclause shall not apply to inadver-
by a cable system located in Hawaii of a primary transmission
tent or accidental transmissions.
shall be deemed to be a secondary transmission if the carriage of
(2) If a cable system transfers to any person a videotape of a
the television broadcast signal comprising such further transmis-
program nonsimultaneously transmitted by it, such transfer is
sion is permissible under the rules, regulations, or authorizations
actionable as an act of infringement under section 501, and is
of the Federal Communications Commission.
fully subject to the remedies provided by sections 502 through 506
A "cable system" is a facility, located in any State, Territory,
and 509, except that, pursuant to a written, nonprofit contract
Trust Territory, or Possession, that in whole or in part receives
providing for the equitable sharing of the costs of such videotape
signals transmitted or programs broadcast by one or more tele-
and its transfer, a videotape nonsimultaneously transmitted by it,
vision broadcast stations licensed by the Federal Communica-
in accordance with clause (1), may be transferred by one cable
tions Commission, and makes secondary transmissions of such
system in Alaska to another system in Alaska, by one cable system
signals or programs by wires, cables, or other communications
in Hawaii permitted to make such nonsimultaneous transmissions
channels to subscribing members of the public who pay for such
to another such cable system in Hawaii, or by one cable system
service. For purposes of determining the royalty fee under subsec-
in Guam, the Northern Mariana Islands, or the Trust Territory
tion (d) (2), two or more cable systems in contiguous communities
of the Pacific Islands, to another cable system in any of those
under common ownership or control or operating from one
three territories, if-
headend shall be considered as one system.
(A) each such contract is available for public inspection in
The "local service area of a primary transmitter", in the case
the offices of the cable systems involved, and a copy of such
of a television broadcast station, comprises the area in which such
contract is filed, within thirty days after such contract is
station is entitled to insist upon its signal being retransmitted by
entered into, with the Copyright Office (which Office shall
a cable system pursuant to the rules, regulations, and authoriza-
make each such contract available for public inspection);
tions of the Federal Communications Commission in effect on
and
April 15, 1976, or in the case of a television broadcast station
(B) the cable system to which the videotape is transferred
licensed by an appropriate governmental authority of Canada or
complies with clause (1) (A), (B), (C) (i), (iii), and (iv),
Mexico, the area in which it would be entitled to insist upon its
and (D) through (F) ; and
signal being retransmitted if it were a television broadcast station
(C) such system provides a copy of the affidavit required
subject to such rules, regulations, and authorizations. The "local
to be made in accordance with clause (1) (D) to each cable
service area of a primary transmitter", in the case of a radio
system making a previous nonsimultaneous transmission of
broadcast station, comprises the primary service area of such
the same videotape.
station, pursuant to the rules and regulations of the Federal Com-
(3) This subsection shall not be construed to supersede the
munications Commission.
exclusivity protection provisions of any existing agreement, or
A "distant signal equivalent" is the value assigned to the
any such agreement hereafter entered into, between a cable system
secondary transmission of any nonnetwork television programing
and a television broadcast station in the area in which the cable
carried by a cable system in whole or in part beyond the local
system is located, or a network with which such station is affiliated.
service area of the primary transmitter of such programing. It
(4) As used in this subsection, the term "videotape", and each
is computed by assigning a value of one to each independent
of its variant forms, means the reproduction of the images and
station and a value of one-quarter to each network station and
20
21
noncommercial educational station for the nonnetwork program-
infringement of copyright for a transmitting organization entitled to
ing 30 carried pursuant to the rules, regulations, and authoriza-
transmit to the public a performance or display of a work, under a
tions of the Federal Communications Commission. The foregoing
license or transfer of the copyright or under the limitations on ex-
values for independent, network, and noncommercial educational
clusive rights in sound recordings specified by section to make
stations are subject, however, to the following exceptions and
no more than one copy or phonorecord of a particular transmission
limitations. Where the rules and regulations of the Federal Com-
program embodying the performance or display, if-
munications Commission require a cable system to omit the fur-
(1) the copy or phonorecord is retained and used solely by the
ther transmission of a particular program and such rules and
transmitting organization that made it, and no further copies or
regulations also permit the substitution of another program em-
phonorecords are reproduced from it; and
bodying a performance or display of α work in place of the
(2) the copy or phonorecord is used solely for the transmitting
omitted transmission, or where such rules and regulations in effect
organization's own transmissions within its local service area, or
on the date of enactment of this Act permit a cable system, at its
for purposes of archival preservation or security; and
election, to effect such deletion and substitution of a nonlive pro-
(3) unless preserved exclusively for archival purposes, the
gram or to carry additional programs not transmitted by primary
copy or phonorecord is destroyed within six months from the date
transmitters within whose local service area the cable system is
the transmission program was first transmitted to the public.
located, no value shall be assigned for the substituted or addi-
(b) Notwithstanding the provisions of section 106, it is not an
tional program; where the rules, regulations, or authorizations of
infringement of copyright for a governmental.bod or other nonprofit
the Federal Communications Commission in effect on the date of
organization entitled to transmit a performance or display of a work,
enactment of this Act permit a cable system, at its election, to omit
under section 110(2) or under the limitations on exclusive rights in
the further transmission of a particular program and such rules,
sound recordings specified by section 114(a), to make no more than
regulations, or authorizations also permit the substitution of an-
thirty copies or phonorecords of a particular transmission program
other program embodying α performance or display of α work in
embodying the performance or display, if-
place of the omitted transmission, the value assigned for the sub-
(1) no further copies or phonorecords are reproduced from
stituted or additional program shall be, in the case of a live pro-
the copies or phonorecords made under this clause; and
gram, the value of one full distant signal equivalent multiplied
(2) except for one copy or phonorecord that may be preserved
by a fraction that has as its numerator the number of days in the
exclusively for archival purposes, the copies or phonorecords are
year in which such substitution occurs and as its denominator the
destroyed within seven years from the date the transmission pro-
number of days in the year. In the case of a station carried pur-
gram was first transmitted to the public.
suant to the late-night or specialty programing rules of the Fed-
(c) Notwithstanding the provisions of section 106, it is not an in-
eral Communications Commission, or a station carried on a part-
fringement of copyright for a governmental body or other nonprofit
time basis where full-time carriage is not possible because the
organization to make for distribution no more than one copy or
cable system lacks the activated channel capacity to retransmit
phonorecord, for each transmitting organization specified in clause
on a full-time basis all signals which it is authorized to carry, the
(2) of this subsection, of a particular transmission program embody-
values for independent, network, and noncommercial educational
ing a performance of α nondramatic musical work of α religious
stations set forth above, as the case may be, shall be multiplied by
nature, or of a sound recording of such a musical work, if-
a fraction which is equal to the ratio of the broadcast hours of
(1) there is no direct or indirect charge for making or dis-
such station carried by the cable system to the total broadcast
tributing any such copies or phonorecords; and
hours of the station.
(2) none of such copies or phonorecords is used for any per-
A "network station" is a television broadcast station that is
formance other than a single transmission to the public by a
owned or operated by, or affiliated with, one or more of the tele-
transmitting organization entitled to transmit to the public a
vision networks in the United States providing nationwide trans-
performance of the work under a license or transfer of the copy-
missions, and that transmits a substantial part of the programing
right; and
supplied by such networks for a substantial part of that station's
(3) except for one copy or phonorecord that may be preserved
typical broadcast day.
exclusively for archival purposes, the copies or phonorecords are
An "independent station" is a commercial television broadcast
all destroyed within one year from the date the transmission pro-
station other than a network station.
gram was first transmitted to the public.
A "noncommercial educational station" is a television station
(d) Notwithstanding the provisions of section 106, it is not an
that is a noncommercial educational broadcast station as defined
infringement of copyright for a governmental body or other nonprofit
in section 397 of title 47.
organization entitled to transmit a performance of a work under sec-
§ 112. Limitations on exclusive rights: Ephemeral recordings
tion 110(8) to make no more than ten copies or phonorecords embody-
ing the performance, or to permit the use of any such copy or phono-
(a) Notwithstanding the provisions of section 106, and except in
record by any governmental body or nonprofit organization entitled
the case of a motion picture or other audiovisual work, it is not an
to transmit a performance of a work under section 110(8), if-
22
23
(1) any such copy or phonorecord is retained and used solely
(1) and (2) of section 106 do not extend to the making or duplication
by the organization that made it, or by a governmental body or
of another sound recording that consists entirely of an independent
nonprofit organization entitled to transmit a performance of a
fixation of other sounds, even though such sounds imitate or simulate
work under section 110(8), and no further copies or phonorec-
those in the copyrighted sound recording. The exclusive rights of the
ords are reproduced from it; and
owner of copyright in a sound recording under clauses (1), (2), and
(2) any such copy or phonorecord is used solely for transmis-
(3) of section 106 do not apply to sound recordings included in educa-
sions authorized under section 110(8), or for purposes of archival
tional television and radio programs (as defined in section 397 of title
preservation or security; and
47) distributed or transmitted by or through public broadcasting
(3) the governmnetal body or nonprofit organization per-
entities (as defined by section 118(g)) : Provided, That copies or
mitting any use of any such copy or phonorecord by any govern-
phonorecords of said programs are not commercially distributed by or
mental body or nonprofit organization under this subsection does
through public broadcasting entities to the general public.
not make any charge for such use.
(c) This section does not limit or impair the exclusive right to per-
(e) The transmission program embodied in a copy or phonorecord
form publicly, by means of a phonorecord, any of the works specified
made under this section is not subject to protection as a derivative
by section 106(4).
work under this title except with the express consent of the owners
(d) On anuary 3, 1978, the Register of Copyrights, after consulting
of copyright in the preexisting works employed in the program.
with representatives of owners of copyrighted materials, representa-
§ 113. Scope of exclusive rights in pictorial, graphic, and sculp-
tives of the broadcasting, recording, motion picture, entertainment
tural works
industries, and arts organizations, representatives of organized labor
(a) Subject to the provisions of subsections (b) and (c) of this
and performers of copyrighted materials, shall submit to the Congress
section, the exclusive right to reproduce a copyrighted pictorial,
a report setting forth recommendations as to whether this section
graphic, or sculptural work in copies under section 106 includes the
should be amended to provide for performers and copyright owners of
right to reproduce the work in or on any kind of article, whether use-
copyrighted material any performance rights in such material. The
ful or otherwise.
report should describe the status of such rights in foreign countries,
(b) This title does not afford, to the owner of copyright in a work
the views of major interested parties, and specific legislative or other
that portrays a useful article as such, any greater or lesser rights
recommendations, if any.
with respect to the making, distribution, or display of the useful
§ 115. Scope of exclusive rights in nondramatic musical works:
article 80 portrayed than those afforded to such works under the law,
Compulsory license for making and distributing phono-
whether title 17 or the common law or statutes of a State, in effect on
records
December 31, 1977. as held applicable and construed by a court in an
In the case of nondramatic musical works, the exclusive rights pro-
action brought under this title.
vided by clauses (1) and (3) of section 106, to make and to distribute
(c) In the case of a work lawfully reproduced in useful articles that
phonorecords of such works, are subject to compulsory licensing under
have been offered for sale or other distribution to the public, copyright
the conditions specified by this section.
does not include any right to prevent the making, distribution, or dis-
(a) AVAILABILITY AND SCOPE OF COMPULSORY LICENSE.-
play of pictures or photographs of such articles in connection with
(1) When phonorecords of α nondramatic musical work have
advertisements or commentaries related to the distribution or display
been distributed to the public in the United States under the
of such articles, or in connection with news reports.
authority of the copyright owner, any other person may, by com-
§ 114. Scope of exclusive rights in sound recordings
plying with the provisions of this section, obtain a compulsory
(a) The exclusive rights of the owner of copyright in a sound
license to make and distribute phonorecords of the work. A person
recording are limited to the rights specified by clauses (1), (2), and
may obtain a compulsory license only if his or her primary pur-
(3) of section 106, and do not include any right of performance under
pose in making phonorecords is to distribute them to the public
section 106(4).
for private use. A person may not obtain a compulsory license
(b) The exclusive right of the owner of copyright in a sound record-
for use of the work in the making of phonorecords duplicating
ing under clause (1) of section 106 is limited to the right to duplicate
a sound recording fixed by another, unless: (i) such sound record-
the sound recording in the form of phonorecords, or of copies of
ing was fixed lawfully; and (ii) the making of the phonorecords
motion pictures and other audiovisual works, that directly or indi-
was authorized by the owner of copyright in the sound recording
rectly recapture the actual sounds fixed in the recording. The exclusive
or, if the sound recording was fixed before February 15, 1972, by
right of the owner of copyright in a sound recording under clause (2)
any person who fixed the sound recording pursuant to an express
of section 106 is limited to the right to prepare a derivative work in
license from the owner of the copyright in the musical work or
which the actual sounds fixed in the sound recording are rearranged,
pursuant to a valid compulsory license for use of such work in a
remixed, or otherwise altered in sequence or quality. The exclusive
sound recording.
rights of the owner of copyright in a sound recording under clauses
(2) A compulsory license includes the privilege of making a
musical arrangement of the work to the extent necessary to con-
24
25
form it to the style or manner of interpretation of the performance
involved, but the arrangement shall not change the basic melody
due, the owner may give written notice to the licensee that, unless
or fundamental character of the work, and shall not be subject
the default is remedied within thirty days from the date of the
to protection as a derivative work under this title, except with the
notice, the compulsory license will be automatically terminated.
express consent of the copyright owner.
Such termination renders either the making or the distribution, or
(b) NOTICE OF INTENTION To OBTAIN COMPULSORY LICENSE-
both, of all phonorecords for which the royalty had not been paid,
(1) Any person who wishes to obtain a compulsory license
actionable as acts of infringement under section 501 and fully
under this section shall, before or within thirty days after mak-
subject to the remedies provided by sections 502 through 506 and
509.
ing, and before distributing any phonorecords of the work, serve
notice of intention to do so on the copyright owner. It the registra-
§ 116. Scope of exclusive rights in nondramatic musical works:
tion or other public records of the Copyright Office do not identify
Public performances by means of coin-operated phono-
the copyright owner and include an address at which notice can
record players
be served, it shall be sufficient to file the notice of intention in the
(a) LIMITATION ON EXCLUSIVE RIGHT.-In the case of a nondramatic
Copyright Office. The notice shall comply, in form, content, and
musical work embodied in a phonorecord, the exclusive right under
manner of service, with requirements that the Register of Copy-
clase (4) of section 106 to perform the work publicly by means of
rights shall prescribe by regulation.
a coin-operated phonorecord player is limited as follows:
(2) Failure to serve or file the notice required by clause (1)
forecloses the possibility of a compulsory license, and in the
(1) The proprietor of the establishment in which the public
absence of a negotiated license, renders the making and distribu-
performance takes place is not liable for infringement with respect
to such public performance unless—
tion of phonorecords actionable as acts of infringement under
section 501 and fully subject to the remedies provided by sections
(A) such proprietor is the operator of the phonorecord
player; or
502 through 506 and 509.
(B) such proprietor refuses or fails, within one month
(c) ROYALTY PAYABLE UNDER COMPULSORY LICENSE.-
(1) To be entitled to receive royalties under a compulsory
after receipt by registered or certified mail of a request, at a
license, the copyright owner must be identified in the registration
time during which the certificate required by clause (1) (C)
or other public records of the Copyright Office. The owner is
of subsection (b) is not affixed to the phonorecord player, by
entitled to royalties for phonorecords made and distributed after
the copyright owner, to make full disclosure, by registered
being so identified, but is not entitled to recover for any phono-
or certified mail, of the identity of the operator of the phono-
record player.
records previously made and distributed.
(2) Except as provided by clause (1), the royalty under a
(2) The operator of the coin-operated phonorecord player may
compulsory license shall be payable for every phonorecord made
obtain α compulsory license to perform the work publicly on that
and distributed in accordance with the license. For this purpose,
phonorecord player by filing the application, affixing the certifi-
cate, and paying the royalties provided by subsection (b).
a phonorecord is considered "distributed" if the person exercising
the compulsory license has voluntarily and permanently parted
(b) RECORDATION OF COIN-OPERATED PHONORECORD PLAYER, AFFIX-
with its possession. With respect to each work embodied in the
ATION LICENSE.- OF CERTIFICATE, AND ROYALTY PAYABLE UNDER COMPULSORY
phonorecord, the royalty shall be either two and three-fourth
cents, or one-half of one cent per minute of playing time or frac-
(1) Any operator who wishes to obtain a compulsory license
tion thereof, whichever amount is larger.
for the public performance of works on a coin-operated phono-
(3) Royalty payments shall be made on or before the twentieth
record player shall fulfill the following requirements:
day of each month and shall include all royalties for the month
(A) Before or within one month after such performances
next preceding. Each monthly payment shall be made under oath
are made available on a particular phonorecord player, and
and shall comply with requirements that the Register of Copy-
during the month of January in each succeeding year that
rights shall prescribe by regulation. The Register shall also
such performances are made available on that particular pho-
prescribe regulations under which detailed cumulative annual
norecord player, the operator shall file in the Copyright
statements of account, certified by a certified public accountant,
Office, in accordance with requirements that the Register of
shall be filed for every compulsory license under this section. The
Copyrights, after consultation with the Copyright Royalty
regulations covering both the monthly and the annual statements
Tribunal (if and when the Tribunal has been constituted),
of account shall prescribe the form, content, and manner of certi-
shall prescribe by regulation, an application containing the
fication with respect to the number of records made and the
name and address of the operator of the phonorecord player
number of records distributed.
and the manufacturer and serial number or other explicit
(4) If the copyright owner does not receive the monthly pay-
identification of the phonorecord player, and deposit with
ment and the monthly and annual statements of account when
the Register of Copyrights a royalty fee for the current
calendar year of $8 for that particular phonorecord player.
26
27
If such performances are made available on a particular pho-
subclause (A) of subsection (b) (1). If the Tribunal determines
norecord player for the first time after July 1 of any year,
that no such controversy exists, it shall, after deducting its rea-
the royalty fee to be deposited for the remainder of that year
sonable administrative, costs under this section, distribute such
shall be $4.
(B) Within twenty days of receipt of an application and
fees to the copyright owners entitled, or to their designated agents.
If it finds that such α controversy exists, it shall, pursuant to
a royalty fee pursuant to subclause (A) the Register of
chapter 8 of this title, conduct a proceeding to determine the dis-
Copyrights shall issue to the applicant a certificate for the
tribution of royalty fees.
phonorecord player.
(4) The fees to be distributed shall be divided as follows:
(C) On or before March 1 of the year in which the certifi-
(A) to every copyright owner not affiliated with a per-
cate prescribed by subclause (B) of this clause is issued, or
within ten days after the date of issue of the certificate, the
forming rights society, the pro rata share of the fees to be
distributed to which such copyright owner proves entitlement.
operator shall affix to the particular phonorecord player, in a
position where it can be readily examined by the public, the
(B) to the performing rights societies, the remainder of the
certificate, issued by the Register of Copyrights under sub-
fees to be distributed in such pro rata shares as they shall by
clause (B), of the latest application made by such operator
agreement stipulate among themselves, or, if they fail to
under subclause (A) of this clause with respect to that phono-
agree, the pro rata share to which such performing rights
societies prove entitlement.
record player.
(C) During the pendency of any proceeding under this
(2) Failure to file the application, to affix the certificate, or to
pay the royalty required by clause (1) of this subsection renders
section, the Copyright Royalty Tribunal shall withhold from
the public performance actionable as an act of infringement under
distribution an amount sufficient to satisfy all claims with
respect to which a controversy exists, but shall have discre-
section 501 and fulty subject to the remedies provided by sections
tion to proceed to distribute any amounts that are not in
502 through 506 and 509.
controversy.
(c) DISTRIBUTION OF ROYALTIES.-
(1) The Register of Copyrights shall receive all fees deposited
(5) The Copyright Royalty Tribunal shall promulgate regula-
under this section and, after deducting the reasonable costs
tions under which persons who can reasonably be expected to have
incurred by the Copyright Office under this section, shall deposit
claims may, during the year in which performance takes place,
the balance in the Treasury of the United States, in such manner
without expense to or harassment of operators or proprietors of
as the Secretary of the Treasury directs. All funds held by the
establishments in which phonorecord players are located, have
Secretary of the Treasury shall be invested in interest-bearing
such access to such establishments and to the phonorecord players
U.S. securities for later distribution with interest by the Copy-
located therein and such opportunity to obtain information with
right Royalty Tribunal as provided by this title. The Register
respect thereto as may be reasonably necessary to determine, by
shall submit to the Copyright Royalty Tribunal, on an annual
sampling procedures or otherwise, the proportion of contribution
basis, a detailed statement of account covering all fees received for
of the musical works of each such person to the earnings of the
the relevant period provided by subsection (b).
phonorecord players for which fees shall have been deposited.
Any person who alleges that he or she has been denied the access
(2) During the month of January in each year, every person
claiming to be entitled to compulsory license fees under this sec-
permitted under the regulations prescribed by the Copyright
Royalty Tribunal may bring an action in the United States Dis-
tion for performances during the preceding twelve-month period
shall file a claim with the Copyright Royalty Tribunal, in accord-
trict Court for the District of Columbia for the cancellation of the
ance with requirements that the Tribunal shall prescribe by regu-
compulsory license of the phonorecord player to which such access
lation. Such claim shall include an agreement to accept as final,
has been denied, and the court shall have the power to declare the
except as provided in section 810 of this title, the determination
compulsory license thereof invatid from the date of issue thereof.
of the Copyright Royalty Tribunal in any controversy concerning
(d) CRIMINAL PENALTIES.-Any person who knowingly makes a
the distribution of royalty fees deposited under subclause (A) of
false representation of a material fact in an application filed under
subsection (b) (1) of this section to which the claimant is a party.
clause (1) (A) of subsection (b), or who knowingly alters a certificate
Notwithstanding any provisions of the antitrust laws, for pur-
issued under clause (1) (B) of subsection (b) or knowingly affixes
poses of this subsection any claimants may agree among them-
such a certificate to a phonorecord player other than the one it covers,
shall be fined not more than $2,500.
selves as to the proportionate division of compulsory licensing
fees among them, may lump their claims together and file them
(e) DEFINITIONS.-A8 used in this section, the following terms and
their variant forms mean the following:
jointly or as a single claim, or may designate α common agent to
(1) A "coin-operated phonorecord player" is a machine or
receive payment on their behalf.
device that-
(3) After the first day of October of each year, the Copyright
Royalty Tribunal shall determine whether there exists a contro-
(A) is employed solely for the performance of nondramatic
versy concerning the distribution of royalty fees deposited under
musical works by means of phonorecords upon being acti-
28
29
vated by insertion of coins, currency, tokens, or other mone-
and ending on December 31, 1982. Copyright owners and public broad-
tary units or their equivalent;
(B) is located in an establishment making no direct or in-
casting entities shall negotiate in good faith and cooperate fully with
the Tribunal in an effort to reach reasonable and expeditious results.
direct charge for admission;
(C) is accompanied by α list of the titles of all the musical
Notwithstanding any provision of the antitrust laws, any owners of
works available for performance on it, which list is affixed
copyright in works specified by this subsection and any public broad-
to the phonorecord player or posted in the establishment in a
casting entities, respectively, may negotiate and agree upon the terms
prominent position where it can be readily examined by the
and rates of royalty payments and the proportionate division of fees
paid among various copyright owners, and may designate common
public; and
(D) affords a choice of works available for performance
agents to negotiate, agree to, pay, or receive payments:
and permits the choice to be made by the patrons of the estab-
(1) Any owner of copyright in a work specified in this subsec-
tion or any public broadcasting entity may, within one hundred
lishment in which it is located.
(2) An "operator" is any person who, alone or jointly with
and twenty days after publication of the notice specified in this
subsection, submit to the Copyright Royalty Tribunal proposed
others:
(A) owns a coin-operated phonorecord player; or
licenses covering such activities with respect to such works. The
(B) has the power to make a coin-operated phonorecord
Copyright Royalty Tribunal shall proceed on the basis of the
player available for placement in an establishment for pur-
proposals submitted to it as well as any other relevant informa-
tion. The Copyright Royalty Tribunal shall permit any interested
poses of public performance; or
(C) has the power to exercise primary control over the
party to submit information relevant to such proceedings.
selection of the musical works made available for public per-
(2) License agreements voluntarily negotiated at any time be-
formance on a coin-operated phonorecord player.
tween one or more copyright owners and one or more public broad-
(3) A "performing rights society" is an association or corpora-
casting entities shall be given effect in lieu of any determination
tion that licenses the public performance of nondramatic musical
by the Tribunal: Provided, That copies of such agreements are
works on behalf of the copyright owners, such as the American
filed in the Copyright Office within thirty days of execution in
Society of Composers, Authors and Publishers, Broadcast Music,
accordance with regulations that the Register of Copyrights shall
prescribe.
Inc., and SESAC, Inc.
(3) Within six months, but not earlier than one hundred and
§ 117. Scope of exclusive rights: Use in conjunction with com-
twenty days, from the date of publication of the notice specified in
puters and similar information systems
this subsection the Copyright Royalty Tribunal shall make α de-
Notwithstanding the provisions of sections 106 through 116 and 118,
termination and publish in the Federal Register a schedule of
this title does not afford to the owner of copyright in a work any
rates and terms which, subject to clause (2) of this subsection,
greater or lesser rights with respect to the use of the work in conjunc-
shall be binding on all owners of copyright in works specified by
tion with automatic systems capable of storing, processing, retrieving,
this subsection and public broadcasting entities, regardless of
or transferirng information, or in conjunction with any similar de-
whether or not such copyright owners and public broadcasting
vice, machine, or process, than those afforded to works under the law,
entities have submitted proposals to the Tribunal. In establishing
whether title 17 or the common law or statutes of a State, in effect on
such rates and terms the Copyright Royalty Tribunal may con-
December 31, 1977, as held applicable and construed by a court in an
sider the rates for comparable circumstances under voluntary
action brought under this title.
license agreements negotiated as provided in clause (2) of this
§ 118. Scope of exclusive rights: Use of certain works in connec-
subsection. The Copyright Royalty Tribunal shall also establish
tion with noncommercial broadcasting
requirements by which copyright owners may receive reasonable
notice of the use of their works under this section, and under
(a) The exclusive rights provided by section 106 shall, with respect
to the works specified by subsection (b) and the activities specified by
entities. which records of such use shall be kept by public broadcasting
subsection (d), be subject to the conditions and limitations prescribed
(4) With respect to the period beginning on the effective date
by this section.
(b) Not later than thirty days after the Copyright Royalty Tri-
of this title and ending on the date of publication of such rates
bunal has been constituted in accordance with section 802, the Chair-
and terms, this title shall not afford to owners of copyright or
man of the Tribunal shall cause notice to be published in the Federal
public broadcasting entities any greater or lesser rights with re-
Register of the initiation of proceedings for the purpose of determin-
spect to the activities specified in subsection (d) as applied to
works specified in this subsection than those afforded under the
ing reasonable terms and rates of royalty payments for the activities
law in effect on December 31, 1977, as held applicable and con-
specified by subsection (d) with respect to published nondramatic mu-
strued by α court in an action brought under this title.
sical works and published pictorial, graphic, and sculptural works dur-
(c) The initial procedure specified in subsection (b) shall be re-
ing α period beginning as provided in clause (3) of this subsection
peated and concluded between June 30 and December 31, 1982, and at
30
31
five-year intervals thereafter, in accordanec with regulations that the
of nondramatic literary works by such broadcast stations. The re-
Copyright Royalty Tribunal shall prescribe.
port should also describe any problems that may have arisen, and
(d) Subject to the transitional provisions of subsection (b) (4),
present legislative or other recommendations, if warranted.
and to the terms of any voluntary license agreements that have been
(f) Nothing in this section shall be construed to permit, beyond the
negotiated as provided by subsection (b) (2), a public broadcasting
limits of fair use as provided by section 107, the unauthorized drama-
entity may, upon compliance with the provisions of this section, in-
tization of a nondramatic musical work, the production of a trans-
cluding the rates and terms established by the Copyright Royalty Tri-
mission program drawn to any substantial extent from a published
bunal under subsection (b) (3), engage in the following activities with
compilation of pictorial, graphic, or sculptural works, or the unau-
respect to published nondramatic musical works and published pic-
thorized use of any portion of an audiovisual work.
torial, graphic, and sculptural works:
(g) As used in this section, the term "public broadcasting entity"
(1) performance or display of a work by or in the course of a
means a noncommercial educational broadcast station as defined in
transmission made by a noncommercial educational broadcast sta-
section 397 of title 47 and any nonprofit institution or organization
tion refererd to in subsection (g) and
engaged in the activities described in clause (2) of subsection (d).
(2) produtcion of a transmission program, reproduction of
copies or phonorecords of such a transmission program, and dis-
CHAPTER 2.-COPYRIGHT OWNERSHIP AND TRANSFER
Sec.
tribution of such copies or phonorecords, where such production,
201. Ownership of copyright.
reproduciton, or distribution is made by a nonprofit institution or
202. Ownership of copyright as distinct from ownership of material object.
organization solely for the purpose of transmissions specified in
203. Termination of transfers and licenses granted by the author.
204. Execution of transfers of copyright ownership.
clause (1); and
205. Recordation of transfers and other documents.
(3) the making of reproductions by a governmental body or a
nonprofit institution of a transmission program simultaneously
§ 201. Ownership of copyright
with its transmission as specified in clause (1), and the perform-
(a) INITIAL OWNERSHIP.-Copyright in a work protected under this
ance or display of the contents of such program under the condi-
title vests initially in the author or authors of the work. The authors
tions specified by clause (1) of section 110, but only if the repro-
of a joint work are coowners of copyright in the work.
ductions are used for performances or displays for a period of no
(b) WORKS MADE FOR HIRE.-In the case of a work made for hire,
more than seven days from the date of the transmission specified
the employer or other person for whom the work was prepared is con-
in clause (1), and are destroyed before or at the end of such
sidered the author for purposes of this title, and, unless the parties
period. No person supplying, in accordance with clause (2), a
have expressly agreed otherwise in a written instrument signed by
reproduction of a transmission program to governmental bodies
them, owns all of the rights comprised in the copyright.
or nonprofit institutions under this clause shall have any liability
(c) CONTRIBUTIONS TO COLLECTIVE Works.-Copyright in each sepa-
as a result of failure of such body or institution to destroy such re-
rate contribution to a collective work is distinct from copyright in the
production: Provided, That it shall have notified such body or in-
collective work as a whole, and vests initially in the author of the con-
stitution of the requirement for such destruction pursuant to this
tribution. In the absence of an express transfer of the copyright or of
clause: And provided further, That if such body or institution
any rights under it, the owner of copyright in the collective work is
itself fails to destroy such reproduction it shall be deemed to have
presumed to have acquired only the privilege of reproducing and dis-
(e) infringed. Except as expressly provided in this subsection, this section
tributing the contribution as part of that particular collective work,
any revision of that collective work, and any later collective work in
shall have no applicability to works other than those specified in sub-
the same series.
section (b).
(d) TRANSFER OF OWNERSHIP.-
(1) Owners of copyright in nondramatic literary works and
(1) The ownership of a copyright may be transferred in whole
public broadcasting entities may, during the course of voluntary
or in part by any means of conveyance or by operation of law,
negotiations, agree among themselves, respectively, as to the terms
and may be bequeathed by will or pass as personal property by
and rates of royalty payments without liability under the anti-
the applicable laws of intestate succession.
trust laws. Any such terms and rates of royalty payments shall
(2) Any of the exclusive rights comprised in a copyright, in-
be effective upon filing in the Copyright Office, in accordance with
cluding any subdivision of any of the rights specified by section
regulations that the Register of Copyrights shall prescribe.
106, may be transferred as provided by clause (1) and owned
(2) On January 3, 1980, the Register of Copyrights, after con-
separately. The owner of any particular exclusive right is en-
sulting with authors and other owners of copyright in nondra-
titled, to the extent of that right, to all of the protection and
matic literary works and their representatives, and with public
remedies accorded to the copyright owner by this title.
broadcasting entities and their representatives, shall submit to
(e) INVOLUNTARY TRANSFER.-When an individual author's owner-
the Congress α report setting forth the extent to which voluntary
ship of a copyright, or of any of the exclusive rights under a
licensing arrangements have been reached with respect to the use
32
33
copyright, has not previously been transferred voluntarily by that
(3) Termination of the grant may be effected at anytime dur-
individual author, no action by any governmental body or other official
ing a period of five years beginning at the end of thirty-five years
or organization purporting to seize, expropriate, transfer, or exercise
from the date of execution of the grant; or, if the grant covers the
rights of ownership with respect to the copyright, or any of the ex-
right of publication of the work, the period begins at the end of
clusive rights under a copyright, shall be given effect under this title.
thirty-five years from the date of publication of the work under
§ 202. Ownership of copyright as distinct from ownership of ma-
the grant or at the end of forty years from the date of execution
terial object
of the grant, whichever term ends earlier.
Ownership of a copyright, or of any of the exclusive rights under
(4) The termination shall be effected by serving an advance
a copyright, is distinct from ownership of any material object in
notice in writing, signed by the number of proportion of owners
of termination interests required under clauses (1) and (2) of
which the work is embodied. Transfer of ownership of any material
object, including the copy or phonorecord in which the work is first
this subsection, or by their duly authorized agents, upon the
fixed, does not of itself convey any rights in the copyrighted work em-
grantee or the grantee's successor in title.
(4) The notice shall state the effective date of the termi-
bodied in the object; nor, in the absence of an agreement, does trans-
fer of ownership of a copyright or of any exclusive rights under a
nation, which shall fall within the five-year period specified
copyright convey property rights in any material object.
by clause (3) of this subsection, and the notice shall be served
not less than two or more than ten years before that date. A
§ 203. Termination of transfers and licenses granted by the author
copy of the notice shall be recorded in the Copyright Office
(a) CONDITIONS FOR TERMINATION.-In the case of any work other
before the effective date of termination, as a condition to its
than a work made for hire, the exclusive or nonexclusive grant of a
taking effect.
transfer or license of copyright or of any right under a copyright,
(B) The notice shall comply, in form, content, and manner
executed by the author on or after January 1, 1978, otherwise than by
of service, with requirements that the Register of Copyright
will, is subject to termination under the following conditions:
shall prescribe by regulation.
(1) In the case of a grant executed by one author, termination
(5) Termination of the grant may be effected notwithstanding
of the grant may be effected by that author or, if the author is
any agreement to the contrary, including an agreement to make a
dead, by the person or persons who, under clause (2) of this sub-
will or to make any future grant.
section, own and are entitled to exercise a total of more than one-
(b) EFFECT OF TERMINATION.-Upon the effective date of termina-
half of that author's termination interest. In the case of a grant
tion, all rights under this title that were covered by the terminated
executed by two or more authors of a joint work, termination of
grant revert to the author, authors, and other persons owning termina-
the grant may be effected by a majority of the authors who exe-
tion interests under clauses (1) and (2) of subsection (a), including
cuted it; if any of such authors is dead, the termination interest
those owners who did not join in signing the notice of termination
of any such author may be exercised as a unit by the person or
under clause (4) of subsection (a), but with the following limitations:
persons who, under clause (2) of this subsection, own and are en-
(1) A derivative work prepared under authority of the grant
titled to exercise a total of more than one-half of that author's
before its termination may continue to be utilized under the terms
interest.
of the grant after its termination, but this privilege does not ex-
(2) Where an author is dead, his or her termination interest is
tend to the preparation after the termination of other derivative
owned, and may be exercised, by his widow or her widower and
works based upon the copyrighted work covered by the terminated
his or her children or grandchildren as follows:
grant.
(A) the widow or widower owns the author's entire termi-
(2) The future rights that will revert upon termination of the
nation interest unless there are any surviving children or
grant become vested on the date the notice of termination has been
grandchildren of the author, in which case the widow or
served as provided by clause (4) of subsection (a). The rights vest
widower owns one-half of the author's interest;
in the author, authors and other persons named in, and in the pro-
(B) the author's surviving children, and the surviving chil-
portionate shares provided by, clauses (1) and (2) of subsection
dren of any dead child of the author, own the author's entire
(a).
termination interest unless there is a widow or widower, in
(3) Subject to the provisions of clause (4) of this subsection, a
which case the ownership of one-half of the author's interest
further grant, or agreement to make a further grant, of any right
is divided among them;
covered by a terminated grant is valid only if it is signed by the
(C) the rights of the author's children and grandchildren
same number and proportion of the owners, in whom the right
are in all cases divided among them and exercised on a per
has vested under clause (2) of this subsection, as are required to
stirpes basis according to the number of such author's children
terminate the grant under clauses (1) and (2) of subsection (a).
represented; the share of the children of a dead child in a
Such further grant or agreement is effective with respect to all
termination interest can be exercised only by the action of a
of the persons in whom the right it covers has vested under clause
majority of them.
H. Rept. 94-1733 5
34
35
(2) of this subection, including those who did not join in signing
by a reasonable search under the title or registration number of
it. If any person dies after rights under a terminated grant have
the work; and
vested in him or her, that person's legal representatives, legatees,
(2) registration has been made for the work.
or heirs at law represent him or her for purposes of this clause.
(d) RECORDATION AS PREREQUISITE TO INFRINGEMENT Suir.-No per-
(4) A further grant, or agreement to make a further grant, of
son claiming by virtue of a transfer to be the owner of copyright or
any right covered by a terminated grant is valid only if it is made
of any exclusive right under a copyright is entitled to institute an
after the effective date of the termination. As an exception, how-
infringement action under this title until the instrument of transfer
ever, an agreement for such a further grant may be made between
under which such person claims has been recorded in the Copyright
the persons provided by clause (3) of this subsection and the orig-
Office, but suit may be instituted after such recordation on a cause of
inal grantee or such grantee's successor in title, after the notice
action that arose before recordation.
of termination has been served as provided by clause (4) of sub-
(e) PRIORITY BETWEEN CONFLICTING TRANSFERS.-A8 between two
section (a).
conflicting transfers, the one executed first prevails if it is recorded,
(5) Termination of a grant under this section affects only those
in the manner required to give constructive notice under subsection
rights covered by the grant that arise under this title, and in no
(c), within one month after its execution in the United States or
way affects rights arising under any other Federal, State, or for
within two months after its execution outside the United States, or
eign laws.
at any time before recordation in such manner of the later transfer.
(6) Unless and until termination is effected under this section,
Otherwise the later transfer prevails if recorded first in such manner,
the grant, if it does not provide otherwise, continues in effect for
and if taken in good faith, for valuable consideration or on the basis
the term of copyright provided by this title.
of a binding promise to pay royalties, and without notice of the earlier
§ 204. Execution of transfers of copyright ownership
transfer.
(a) A transfer of copyright ownership, other than by operation of
(f) PRIORITY BETWEEN CONFLICTING TRANSFER OF OWNERSHIP AND
law, is not valid unless an instrument of conveyance, or a note or mem-
NONEXCLUSIVE LICENSE.-A nonexclusive license, whether recorded or
orandum of the transfer, is in writing and signed by the owner of
not, prevails over a conflicting transfer of copyright ownership if the
the rights conveyed or such owner's duly authorized agent.
license is evidenced by a written instrument signed by the owner of
(b) A certificate of acknowledgement is not required for the va-
the rights licensed or such owner's duly authorized agent, and if-
lidity of a transfer, but is prima facie evidence of the execution of the
(1) the license was taken before execution of the transfer; or
transfer if-
(2) the license was taken in good faith before recordation of
(1) in the case of a transfer executed in the United States, the
the transfer and without notice of it.
certificate is issued by a person authorized to administer oaths
CHAPTER 3.-DURATION OF COPYRIGHT
within the United States; or
Sec.
(2) in the case of a transfer executed in a foreign country, the
301. Preemption with respect to other laws.
certificate is issued by a diplomatic or consular officer of the
302. Duration of copyright: Works created on or after January 1, 1978.
United States, or by a person authorized to administer oaths
303. Duration of copyright: Works created but not published or copyrighted
before January 1, 1978.
whose authority is proved by a certificate of such an officer.
304. Duration of copyright: Subsisting copyrights.
§ 205. Recordation of transfers and other documents
305. Duration of copyright: Terminal date.
(a) CONDITIONS FOR RECORDATION.-Any transfer of copyright own-
§ 301. Preemption with respect to other laws
ership or other document pertaining to a copyright may be recorded
(a) On and after January 1, 1978, all legal or equitable rights that
in the Copyright Office if the document filed for recordation bears
are equivalent to any of the exclusive rights within the general scope
the actual signature of the person who executed it, or if it is accom-
of copyright as specified by section 106 in works of authorship that
panied by a sworn or official certification that it is a true copy of the
are fixed in a tangible medium of expression and come within the sub-
original, signed document.
ject matter of copyright as specified by sections 102 and 103, whether
(b) CERTIFICATE OF RECORDATION.-The Register of Copyrights
created before or after that date and whether published or unpub-
shall, upon receipt of a document as provided by subsection (a) and
lished, are governed exclusively by this title. Thereafter, no person
of the fee provided by section 708, record the document and return it
is entitled to any such right or equivalent right in any such work
with a certificate of recordation.
under the common law or statutes of any State.
(c) RECORDATION AS CONSTRUCTIVE NOTICE.-Recordation of a docu-
(b) Nothing in this title annuls or limits any rights or remedies
ment in the Copyright Office gives all persons constructive notice of
under the common law or statutes of any State with respect to-
the facts stated in the recorded document, but only if-
(1) subject matter that does not come within the subject matter
(1) the document, or material attached to it, specifically iden-
of copyright as specified by sections 102 and 103, including works
tifies the work to which it pertains 80 that, after the document
of authorship not fixed in any tangible medium of expression; or
is indexed by the Register of Copyrights, it would be revealed
(2) any cause of action arising from undertakings commenced
before January 1, 1978; or
36
37
(3) activities violating legal or equitable rights that are not
of copyrighted works, based on such recorded statements and, to
equivalent to any of the exclusive rights within the general scope
the extent the Register considers practicable, on data contained in
of copyright as specified by section 106.
any of the records of the Copyright Office or in other reference sources.
(c) With respect to sound recordings fixed before February 15,
(e) PRESUMPTION AS TO AUTHOR'S DEATH.-After a period of seventy-
1972, any rights or remedies under the common law or statutes of any
five years from the year of first publication of a work, or a period of
State shall not be annulled or limited by this title until February 15,
one hundred years from the year of its creation, whichever expires
2047. The preemptive provisions of subsection (a) shall apply to any
first, any person who obtains from the Copyright Office α certified
such rights and remedies pertaining to any cause of action arising
report that the records provided by subsection (d) disclose nothing to
from undertakings commenced on and after February 15, 2047. Not-
indicate that the author of the work is living, or died less than fifty
withstanding the provisions of section 303, no sound recording fixed
years before, is entitled to the benefit of a presumption that the author
before February 15, 1972, shall be subject to copyright under this
has been dead for at least fifty years. Reliance in good faith upon this
title before, on, or after February 15, 2047.
presumption shall be a complete defense to any action for infringe-
(d) Nothing in this title annuls or limits any rights or remedies
ment under this title.
under any other Federal statute.
§ 303. Duration of copyright: Works created but not published or
§ 302. Duration of copyright: Works created on or after January
copyrighted before January 1, 1978
1, 1978
Copyright in a work created before January 1, 1978, but not thereto-
(a) IN GENERAL.-Copyright in a work created on or after January
fore in the public domain or copyrighted, subsists from January 1,
1, 1978, subsists from its creation and, except as provided by the
1978, and endures for the term provided by section 302. In no case,
following subsections, endures for a term consisting of the life of the
however, shall the term of copyright in such a work expire before
author and fifty years after the author's death.
December 31, 2002; and, if the work is published on or before Decem-
(b) JOINT Works.-In the case of a joint work prepared by two or
ber 31, 2002, the term of copyright shall not expire before Decem-
more authors who did not work for hire, the copyright endures for a
ber 31, 2027.
term consisting of the life of the last surviving author and fifty years
§ 304. Duration of copyright: Subsisting copyrights
after such last surviving author's death.
(c) ANONYMOUS WORKS PSEUDONYMOUS WORKS, AND WORKS M ADE FOR
(a) COPYRIGHTS IN THEIR FIRST TERM ON JANUARY 1, 1978.-Any
copyright, the first term of which is subsisting on January 1, 1978,
HIRE.-In the case of an anonymous work, a pseudonymous work, or a
shall endure for twenty-eight years from the date it was originally
work made for hire, the copyright endures for a term of seventy-five
secured: Provided, That in the case of any posthumous work or of
years from the year of its first publication, or a term of one hundred
years from the year of its creation, whichever expires first. If, before
any periodical, cyclopedic, or other composite work upon which the
copyright was originally secured by the proprietor thereof, or any
the end of such term, the identity of one or more of the authors of an
work copyrighted by a corporate body (otherwise than an assignee or
anonymous or pseudonymous work is revealed in the records of a
licensee of the individual author) or by an employer for whom such
registration made for that work under subsections (a) or (d) of sec-
work is made for hire, the proprietor of such copyright shall be en-
tion 408, or in the records provided by this subsection, the copyright in
titled to a renewal and extension of the copyright in such work for
the work endures for the term specified by subsection (a) or (b),
the further term of forty-seven years when application for such re-
based on the life of the author or authors whose identity has been
newal and extension shall have been made to the Copyright Office and
revealed. Any person having an interest in the copyright in an
duly registered therein within one year prior to the expiration of the
anonymous or pseudonymous work may at any time record, in records
original term of copyright: And provided further, That in the case
to be maintained by the Copyright Office for that purpose, α state-
ment identifying one or more authors of the work; the statement shall
of any other copyrighted work, including a contribution by an in-
dividual author to a periodical or to a cyclopedic or other composite
also identify the person filing it, the nature of that person's interest,
work, the author of such work, if still living, or the widow, widower,
the source of the information recorded, and the particular work
or children of the author, if the author be not living, or if such author,
affected, and shall comply in form and content with requirements that
widow, widower, or children be not living, then the author's executors,
the Register of Copyrights shall prescribe by regulation.
or in the absence of a will, his or her next of kin shall be entitled to a
(d) RECORDS RELATING TO DEATH OF AUTHORS.-Any person having
renewal and extension of the copyright in such work for a further
an interest in a copyright may at any time record in the Copyright
Office a statement of the date of death of the author of the copyrighted
term of forty-seven years when application for such renewal and
extension shall have been made to the Copyright Office and duly
work, or a statement that the author is still living on a particular date.
registered therein within one year prior to the expiration of the orig-
The statement shall identify the person filing it, the nature of that
inal term of copyright: And provided further, That in default of the
person's interest, and the source of the information recorded, and
registration of such application for renewal and extension, the copy-
shall comply in form and content with requirements that the Register
of Copyrights shall prescribe by regulation. The Register shall main-
right in any work shall terminate at the expiration of twenty-eight
tain current records of information relating to the death of authors
years from the date copyright was originally secured.
38
39
(b) COPYRIGHTS IN THEIR RENEWAL TERM OR REGISTERED FOR RE-
NEWAL BEFORE JANUARY 1, 1978.-The duration of any copyright, the
their duly authorized agents. In the case of a grant executed by
renewal term of which is subsisting at any time between December 31,
one or more of the authors of the work, the notice as to any one
1976, and December 31, 1977, inclusive, or for which renewal registra-
author's share shall be signed by that author or his or her duly
tion is made between December 31, 1976, and December 31, 1977, in-
authorized agent or, if that author is dead, by the number and
clusive, is extended to endure for a term of seventy-five years from
proportion of the owners of his or her termination interest re-
the date copyright was originally secured.
quired under clauses (1) and (2) of this subsection, or by their
(c) TERMINATION OF TRANSFERS AND LICENSES COVERING EXTENDED RE-
duly authorized agents.
NEWAL TERM.-In the case of any copyright subsisting in either its first
(A) The notice shall state the effective date of the termi-
or renewal term on January 1, 1978, other than a copyright in a work
nation, which shall fall within the five-year period specified
made for hire, the exclusive or nonexclusive grant of a transfer or
by clause (3) of this subsection, and the notice shall be served
license of the renewal copyright or any right under it, executed before
not less than two or more than ten years before that date. A
January 1, 1978, by any of the persons designated by the second
copy of the notice shall be recorded in the Copyright Office
proviso of subsection (a) of this section, otherwise than by will, is
before the effective date of termination, as a condition to its
subject to termination under the following conditions:
taking effect.
(1) In the case of a grant executed by a person or persons
(B) The notice shall comply, in form, content, and manner
other than the author, termination of the grant may be effected
of service, with requirements that the Register of Copyrights
by the surviving person or persons who executed it. In the case
shall prescribe by regulation.
of a grant executed by one or more of the authors of the work,
(5) Termination of the grant may be effected notwithstanding
termination of the grant may be effected, to the extent of a par-
any agreement to the contrary, including an agreement to make
ticular author's share in the ownership of the renewal copyright,
a will or to make any future grant.
by the author who executed it or, if such author is dead, by the
(6) In the case of a grant executed by a person or persons other
person or persons who, under clause (2) of this subsection, own
than the author, all rights under this title that were covered by
and are entitled to exercise a total of more than one-half of that
the terminated grant revert, upon the effective date of termina-
author's termination interest.
tion, to all of those entitled to terminate the grant under clause
(2) Where an author is dead, his or her termination interest
(1) of this subsection. In the case of a grant executed by one or
is owned, and may be exercised, by his widow or her widower and
more of the authors of the work, all of a particular author's
his or her children or grandchildren as follows:
rights under this title that were covered by the terminated grant
(A) the widow or widower owns the author's entire termi-
revert, upon the effective date of termination, to that author or,
nation interest unless there are any surviving children or
if that author is dead, to the persons owning his or her termina-
grandchildren of the author, in which case the widow or
tion interest under clause (2) of this subsection, including those
widower owns one-half of the author's interest;
owners who did not join in signing the notice of termination
(B) the author's surviving children, and the surviving
under clause (4) of this subsection. In all cases the reversion of
children of any dead child of the author, own the author's
rights is subject to the following limitations:
entire termination interest unless there is a widow or widower,
(4) A derivative work prepared under authority of the
in which case the ownership of one-half of the author's inter-
grant before its termination may continue to be utilized
est is divided among them;
under the terms of the grant after its termination, but this
(σ) the rights of the author's children and grandchildren
privilege does not extend to the preparation after the termi-
are in all cases divided among them and exercised on a per
nation of other derivative works based upon the copyrighted
stirpes basis according to the number of such author's chil-
work covered by the terminated grant.
dren represented; the share of the children of a dead child in
(B) The future rights that will revert upon termination of
a termination interest can be exercised only by the action of
the grant become vested on the date the notice of termination
majority of them.
has been served as provided by clause (4) of this subsection.
(3) Termination of the grant may be effected at any time during
(σ) Where the author's rights revert to two or more per-
a period of five years beginning at the end of fifty-six years from
sons under clause (2) of this subsection, they shall vest in
the date copyright was originally secured, or beginning on Jan-
those persons in the proportionate shares provided by that
uary 1, 1978, whichever is later.
clause. In such a case, and subject to the provisions of sub-
(4) The termination shall be effected by serving an advance
clause (D) of this clause, a further grant, or agreement to
notice in writing upon the grantee or the grantee's successor in
make a further grant, of a particular author's share with re-
title. In the case of a grant executed by a person or persons other
spect to any right covered by a terminated grant is valid only
than the author, the notice shall be signed by all of those entitled
if it is signed by the same number and proportion of the own-
to terminate the grant under clause (1) of this subsection, or by
ers, in whom the right has vested under this clause, as are
required to terminate the grant under clause (2) of this sub-
40
41
section. Such further grant or agreement is effective with re-
(2) the year of first publication of the work; in the case of com-
spect to all of the persons in whom the right it covers has
pilations or derivative works incorporating previously published
vested under this subclause, including those who did not join
material, the year date of first publication of the compilation or
in signing it. If any person dies after rights under a termi-
derivative work is sufficient. The year date may be omitted where a
nated grant have vested in him or her, that person's legal
pictorial, graphic, or sculptural work, with accompanying text
representatives, legatees, or heirs at law represent him or her
matter, if any, is reproduced in or on greeting cards, postcards,
for purposes of this subclause.
stationery, jewelry, dolls, toys, or any useful articles; and
(D) A further grant, or agreement to make a further grant,
(3) the name of the owner of copyright in the work, or an abbre-
of any right covered by a terminated grant if valid only if it
viation by which the name can be recognized, or a generally known
is made after the effective date of the termination. As an ex-
alternative designation of the owner.
ception, however, an agreement for such a further grant may
(c) POSITION OF NOTICE.-The notice shall be affixed to the copies in
be made between the author or any of the persons provided by
such manner and location as to give reasonable notice of the claim of
the first sentence of clause (6) of this subsection, or between
copyright. The Register of Copyrights shall prescribe by regulation, as
the persons provided by subclause (C) of this clause, and the
examples, specific methods of affixation and positions of the notice on
original grantee or such grantee's successor in title, after the
various types of works that will satisfy this requirement, but these
notice of termination has been served as provided by clause
specifications shall not be considered exhaustive.
(4) of this subsection.
(E) Termination of a grant under this subsection affects
§ 402. Notice of copyright: Phonorecords of sound recordings
only those rights covered by the grant that arise under this
(a) GENERAL REQUIREMENT.-Whenever a sound recording pro-
title, and in no way affects rights arising under any other
tected under this title is published in the United States or elsewhere
Federal, State, or foreign laws.
by authority of the copyright owner, a notice of copyright as provided
(F) Unless and until termination is effected under this sub-
by this section shall be placed on all publicly distributed phonorecords
section, the grant, if it does not provide otherwise, continues
of the sound recording.
in effect for the remainder of the extended renewal term.
(b) FORM OF NOTICE.-The notice appearing on the phonorecords
shall consist of the following three elements:
§ 305. Duration of copyright: Terminal date
(1) the symbol P (the letter P in circle) ; and
All terms of copyright provided by sections 302 through 304 run to
(2) the year of first publication of the sound recording; and
the end of the calendar year in which they would otherwise expire.
(3) the name of the owner of copyright in the sound recording,
or an abbreviation by which the name can be recognized, or a gen-
CHAPTER 4.-COPYRIGHT NOTICE, DEPOSIT, AND REGISTRATION
Sec.
erally known alternative designation of the owner; if the producer
401. Notice of copyright Visually perceptible copies.
of the sound recording is named on the phonorecord labels or con-
402. Notice of copyright: Phonorecords of sound recordings.
tainers, and if no other name appears in conjunction with the no-
403. Notice of copyright Publications incorporating United States Government
tice, the producer's name shall be considered a part of the notice.
works.
404. Notice of copyright Contributions to collective works.
(c) POSITION OF NOTICE.-The notice shall be placed on the surface
405. Notice of copyright: Omission of notice.
of the phonorecord, or on the phonorecord label or container, in such
406. Notice of copyright: Error in name or date.
manner and location as to give reasonable notice of the claim of copy-
407. Deposit of copies or phonorecords for Library of Congress.
right.
408. Copyright registration in general.
409. Application for registration.
§ 403. Notice of copyright: Publications incorporating United
410. Registration of claim and issuance of certificate.
States Government works
411. Registration as prerequisite to infringement suit:
412. Registration as prerequisite to certain remedies for infringement.
Whenever a work is published in copies or phonorecords consist-
§ 401. Notice of copyright: Visually perceptible copies
ing preponderantly of one or more works of the United States Gov-
ernment. the notice of copyright provided by sections 401 or 402 shall
(a) GENERAL REQUIREMENT-Whenever a work protected under
also include a statement identifying, either affirmatively or negatively,
this title is published in the United States or elsewhere by authority of
those portions of the copies or phonorecords embodying any work or
the copyright owner, a notice of copyright as provided by this section
works protected under this title.
shall be placed on all publicly distributed copies from which the work
can be visually perceived, either directly or with the aid of a machine
§ 404. Notice of copyright: Contributions to collective works
or device.
(a) A separate contribution to a collective work may bear its own
(b) FORM OF NOTICE.-The notice appearing on the copies shall con
notice of copyright, as provided by sections 401 through 403. How-
sist of the following three elements:
ever, a single notice applicable to the collective work as a whole is
(1) the symbol © (the letter C in a circle), or the word "Copy-
sufficient to satisfy the requirements of sections 401 through 403 with
right", or the abbreviation "Copr."; and
respect to the separate contributions it contains (not including ad-
vertisements inserted on behalf of persons other than the owner of
42
43
copyright in the collective work), regardless of the ownership of
(1) registration for the work had been made in the name of the
copyright in the contributions and whether or not they have been
owner of copyright; or
previously published.
(2) a document executed by the person named in the notice and
(b) Where the person named in a single notice applicable to a col-
showing the ownership of the copyright had been recorded.
lective work as a whole is not the owner of copyright in a separate
The person named in the notice is liable to account to the copyright
contribution that does not bear its own notice, the case is governed by
owner for all receipts from transfers or licenses purportedly made
the provisions of section
under the copyright by the person named in the notice.
§ 405. Notice of copyright: Omission of notice
(b) ERROR IN DATE.-When the year date in the notice on copies or
(a) EFFECT OF OMISSION ON COPYRIGHT.- The omission of the copy-
phonorecords distributed by authority of the copyright owner is
right notice prescribed by sections 401 through 403 from copies or
earlier than the year in which publication first occurred, any period
phonorecords publicly distributed by authority of the copyright
computed from the year of first publication under section 302 is to be
owner does not invalidate the copyright in a work if-
computed from the year in the notice. Where the year date is more
(1) the notice has been omitted from no more than a relatively
than one year later than the year in which publication first occurred,
the work is considered to have been published without any notice and
small number of copies or phonorecords distributed to the public;
or
is governed by the provisions of section 405.
(2) registration for the work has been made before or is made
(c) OMISSION OF NAME OR DATE.Where copies or phonorecords
within five years after the publication without notice, and a
publicly distributed by authority of the copyright owner contain no
name or no date that could reasonably be considered a part of the
reasonable effort is made to add notice to all copies or phono-
records that are distributed to the public in the United States
notice, the work is considered to have been published without any
after the omission has been discovered; or
notice and is governed by the provisions of section 405.
(3) the notice has been omitted in violation of an express re-
§ 407. Deposit of copies or phonorecords for Library of Congress
quirement in writing that. as a condition of the copyright owner's
(a) Except as provided by subsection (c), and subject to the pro-
authorization of the public distribution of copies or phonorec-
visions of subsection (e), the owner of copyright or of the exclusive
ords, they bear the prescribed notice.
right of publication in a work published with notice of copyright in
(b) EFFECT OF OMISSION ON INNOCENT INFRINGERS.-Any person who
the United States shall deposit, within three months after the date of
innocently infringes a copyright, in reliance upon an authorized copy
such publication-
or phonorecord from which the copyright notice has been omitted,
(1) two complete copies of the best edition; or
incurs no liability for actual or statutory damages under section 504
(2) if the work is a sound recording, two complete phonorec-
for any infringing acts committed before receiving actual notice that
ords of the best edition, together with any printed or other
registration for the work has been made under section 408, if such
visually perceptible material published with such phonorecords.
person proves that he or she was misled by the omission of notice. In
Neither the deposit requirements of this subsection nor the acquisition
a suit for infringement in such a case the court may allow or disallow
provisions of subsection (e) are conditions of copyright protection.
recovery of any of the infringer's profits attributable to the infringe-
(b) The required copies or phonorecords shall be deposited in the
ment, and may enjoin the continuation of the infringing undertaking
Copyright Office for the use or disposition of the Library of Congress.
or may require, as a condition for permitting the continuation of the
The Register of Copyrights shall, when requested by the depositor and
infringing undertaking, that the infringer pay the copyright owner
upon payment of the fee prescribed by section 708, issue a receipt for
a reasonable license fee in an amount and on terms fixed by the court.
the deposit.
(c) REMOVAL OF NOTICE.-Protection under this title is not affected
(c) The Register of Copyrights may by regulation exempt any
by the removal, destruction, or obliteration of the notice, without the
categories of material from the deposit requirements of this section, or
authorization of the copyright owner, from any publicly distributed
require deposit of only one copy or phonorecord with respect to any
copies or phonorecords.
categories. Such regulations shall provide either for complete ex-
§ 406. Notice of copyright: Error in name or date
emption from the deposit requirements of this section, or for alterna-
(a) ERROR IN NAME.Where the person named in the copyright
tive forms of deposit aimed at providig a satisfactory archival record
of a work without imposing practical or financial hardships on the
notice on copies or phonorecords publicly distributed by authority of
the copyright owner is not the owner of copyright, the validity and
depositor, where the individual author is the owner of copyright in a
pictorial, graphic, or sculptural work and (i) less than five copies of
ownership of the copyright are not affected. In such a case, however,
the work have been published, or (ii) the work has been published in
any person who innocently begins an undertaking that infringes the
a limited edition consisting of numbered copies, the monetary value
copyright has a complete defense to any action for such infringement
of which would make the mandatory deposit of two copies of the best
if such person proves that he or she was misled by the notice and
edition of the work burdensome, unfair, or unreasonable.
began the undertaking in good faith under a purported transfer or
(d) At any time after publication of a work as provided by subsec-
license from the person named therein, unless before the undertaking
tion (a), the Register of Copyrights may make written demand for
was begun-
44
45
the required deposit on any of the persons obligated to make the de-
§ 408. Copyright registration in general
posit under subsection (a). Unless deposit is made within three
(a) REGISTRATION PERMISSIVE.-At any time during the subsistence
months after the demand is received, the person or persons on whom
of copyright in any published or unpublished work, the owner of
the demand was made are liable-
copyright or of any exclusive right in the work may obtain registra-
(1) to a fine of not more than $250 for each work; and
tion of the copyright claim by delivering to the Copyright Office the
(2) to pay into a specially designated fund in the Library of
deposit specified by this section, together with the application and
Congress the total retail price of the copies or phonorecords de-
fee specified by sections 409 and 708. Subject to the provisions of
manded, or, if no retail price has been fixed, the reasonable cost to
section 405 (a), such registration is not a condition of copyright
the Library of Congress of acquiring them; and
protection.
(3) to pay a fine of $2,500, in addition to any fine or liability
(b) DEPOSIT FOR COPYRIGHT REGISTRATION.-Ecept as provided by
imposed under clauses (1) and (2), if such person willfully or
subsection (c), the material deposited for registration shall include-
repeatedly fails or refuses to comply with such a demand.
(1) in the case of an unpublished work, one complete copy or
(e) With respect to transmission programs that have been fixed and
phonorecord;
transmitted to the public in the United States but have not been pub-
(2) in the case of a published work, two complete copies or
lished, the Register of Copyrights shall, after consulting with the Li-
phonorecords of the best edition;
brarian of Congress and other interested prganizations and officials,
(3) in the case of a work first published outside the United
establish regulations governing the acquisition, through deposit or
States, one complete copy or phonorecord as 80 published;
otherwise, of copies or phonorecords of such programs for the collec-
(4) in the case of a contribution to a collective work, one com-
tions of the Library of Congress:
plete copy or phonorecord of the best edition of the collective
(1) The Librarian of Congress shall be permitted, under the
work.
standards and conditions set forth in such regulations, to make
Copies or phonorecords deposited for the Library of Congress under
a fixation of a transmission program directly from a transmission
section 407 may be used to satisfy the deposit provisions of this sec-
to the public, and to reproduce one copy or phonorecord from such
tion, if they are accompanied by the prescribed application and fee,
fixation for archival purposes.
and by any additional identifying material that the Register may,
(2) Such regulations shall also provide standards and proce-
by regulation, require. The Register shall also prescribe regulations
dures by which the Register of Copyrights may make written de-
establishing requirements under which copies or phonorecords ac-
mand, upon the owner of the right of transmission in the United
quired for the Library of Congress under subsection (e) of section
States, for the deposit of a copy or phonorecord of a specific
407, otherwise than by deposit, may be used to satisfy the deposit
transmission program. Such deposit may, at the option of the
provisions of this section.
owner of the right of transmission in the United States, be accom-
(c) ADMINISTRATIVE CLASSIFICATION AND OPTIONAL DEPOSIT.-
plished by gift, by loan for purposes of reproduction, or by sale
(1) The Register of Copyrights is authorized to specify by
at a price not to exceed the cost of reproducing and supplying the
regulation the administrative classes into which works are to be
copy or phonorecord. The regulations established under this clause
placed for purposes of deposit and registration, and the nature of
shall provide reasonable periods of not less than three months for
the copies or phonorecords to be deposited in the various classes
compliance with a demand, and shall allow for extensions of such
specified. The regulations may require or permit, for particular
periods and adjustments in the scope of the demand or the meth-
classes, the deposit of identifying material instead of copies or
ods for fulfilling it, as reasonably warranted by the circumstances.
phonorecords. the deposit of only one copy or phonorecord where
Willful failure or refusal to comply with the conditions pre-
two would normally be required, or a single registration for a
scribed by such regulations shall subject the owner of the right
group of related works. This administrative classification of
of transmission in the United States to liability for an amount, not
works has no significance with respect to the subject matter of
to exceed the cost of reproducing and supplying the copy or
copyright or the exclusive rights provided by this title.
phono-record in question, to be paid into α specially designated
(2) Without prejudice to the general authority provided under
fund in the Library of Congress.
clause (1), the Register of Copyrights shall establish regulations
(3) Nothing in this subsection shall be construed to require
specifically permitting a single registration for a group of works
the making or retention, for purposes of deposit, of any copy or
by the same individual author, all first published as contributions
phonorecord of an unpublished transmission program, the trans-
to periodicals. including newspapers, within a twelve-month
mission of which occurs before the receipt of a specific written
period, on the basis of a single deposit, application, and registra-
demand as provided by clause (2).
tion fee, under all of the following conditions-
(4) No activity undertaken in compliance with regulations
(A) if each of the works as first published bore α separate
prescribed under clauses (1) or (2) of this subsection shall result
copyright notice, and the name of the owner of copyright in
in liability if intended solely to assist in the acquisition of copies
the work, or an abbreviation by which the name can be recog-
or phonorecords under this subsection.
nized, or a generally known alternative designation of the
owner was the same in each notice; and
46
47
(B) if the deposit consists of one copy of the entire issue
(6) the title of the work, together with any previous or alter-
of the periodical, or of the entire section in the case of a news-
native titles under which the work can be identified;
paper, in which each contribution was first published; and
(7) the year in which creation of the work was completed;
(C) if the application identifies each work separately, in-
(8) if the work has been published, the date and nation of its
publication. cluding the periodical containing it and its date of first
first publication;
(9) in the case of a compilation or derivative work, an identifica-
(3) As an alternative to separate renewal registrations under
tion of any preexisting work or works that it is based on or in-
subsection (a) of section 304, a single renewal registration may
corporates, and a brief, general statement of the additional ma-
be made for a group of works by the same individual author, all
terial covered by the copyright claim being registered;
first published as contributions to periodicals, including news-
(10) in the case of a published work containing material of
papers, upon the filing of a single application and fee, under all
which copies are required by section 601 to be manufactured in
of the following conditions:
the United States, the names of the persons or organizations who
(A) the renewal claimant or claimants, and the basis of
performed the processes specified by subsection (c) of section 601
claim or claims under section 304(a), is the same for each of
with respect to that material, and the places where those processes
the works; and
were performed; and
(B) the works were all copyrighted upon their first pub-
(11) any other information regarded by the Register of Copy-
lication, either through separate copyright notice and reg-
rights as bearing upon the preparation or identification of the
istration or by virtue of a general copyright notice in the
work or the existence, ownership, or duration of the copyright.
periodical issue as a whole; and
(σ) the renewal application and fee are received not
§ 410. Registration of claim and issuance of certificate
more than twenty-eight or less than twenty-seven years after
(a) When, after examination, the Register of Copyrights deter-
the thirty-first day of December of the calendar year in which
mines that, in accordance with the provisions of this title, the material
all of the works were first published; and
deposited constitutes copyrightable subject matter and that the other
(D) the renewal application identifies each work sepa-
legal and formal requirements of this title have been met, the Register
rately, including the periodical containing it and its date of
shall register the claim and issue to the applicant a certificate of
first publication.
registration under the seal of the Copyright Office. The certificate
(d) CORRECTIONS AND AMPLIFICATIONS.-The Register may also
shall contain the information given in the application, together with
establish, by regulation, formal procedures for the filing of an ap-
the number and effective date of the registration.
plication for supplementary registration, to correct an error in a
(b) In any case in which the Register of Copyrights determines
copyright registration or to amplify the information given in a reg-
that, in accordance with the provisions of this title, the material de-
istration. Such application shall be accompanied by the fee provided
posited does not constitute copyrightable subject matter or that the
by section 708 and shall clearly identify the registration to be cor-
claim is invalid for any other reason, the Register shall refuse regis-
rected or amplified. The information contained in a supplementary
tration and shall notify the applicant in writing of the reasons for
registration augments but does not supersede that contained in the
such refusal.
earlier registration.
(c) In any judicial proceedings the certificate of a registration
(e) PUBLISHED EDITION OF PREVIOUSLY REGISTERED Work.-Regis-
made before or within five years after first publication of the work
tration for the first published edition of a work previously registered
shall constitute prima facie evidence of the validity of the copyright
in unpublished form may be made even though the work as pub-
and of the facts stated in the certificate. The evidentiary weight to
lished is substantially the same as the unpublished version.
be accorded the certificate of a registration made thereafter shall be
§ 409. Application for copyright registration
within the discretion of the court.
(d) The effective date of a copyright registration is the day on
The application for copyright registration shall be made on a
which an application, deposit, and fee, which are later determined
form prescribed by the Register of Copyrights and shall include-
by the Register of Copyrights or by a court of competent jurisdiction
(1) the name and address of the copyright claimant;
to be acceptable for registration, have all been received in the Copy-
(2) in the case of a work other than an anonymous or pseu-
right Office.
donymous work, the name and nationality or domicile of the
author or authors, and, if one or more of the authors is dead, the
§ 411. Registration as prerequisite to infringement suit
dates of their deaths;
(a) Subject to the provisions of subsection (b), no action for in-
(3) if the work is anonymous or pseudonymous, the nation-
fringement of the copyright in any work shall be instituted until reg-
ality or domicile of the author or authors;
istration of the copyright claim has been made in accordance with this
(4) in the case of a work made for hire, a statement to this
title. In any case, however, where the deposit, application, and fee
effect;
required for registration have been delivered to the Copyright Office
(5) if the copyright claimant is not the author, a brief state-
in proper form and registration has been refused, the applicant is
ment of how the claimant obtained ownership of the copyright;
entitled to institute an action for infringement if notice thereof, with
48
49
a copy of the complaint, is served on the Register of Copyrights. The
require such owner to serve written notice of the action with a copy
Register may, at his or her option, become a party to the action with
of the complaint upon any person shown, by the records of the Copy-
respect to the issue of registrability of the copyright claim by entering
right Office or otherwise, to have or claim an interest in the copyright,
an appearance within sixty days after such service, but the Register's
and shall require that such notice be served upon any person whose
failure to become a party shall not deprive the court of jurisdiction
interest is likely to be affected by a decision in the case. The court
to determine that issue.
may require the joinder, and shall permit the intervention, of any
(b) In the case of a work consisting of sounds, images, or both, the
person having or claiming an interest in the copyright.
first fixation of which is made simultaneously with its transmission,
(c) For any secondary transmission by a cable system that embodies
the copyright owner may, either before or after such fixation takes
a performance or α display of a work which is actionable as an act of
place, institute an action for infringement under section 501, fully
infringement under subsection (c) of section 111, a television broad-
subject to the remedies provided by sections 502 through 506 and
cast station holding a copyright or other license to transmit or perform
sections 509 and 510, if, in accordance with requirements that the
the same version of that work shall, for purposes of subsection (b)
Register of Copyrights shall prescribe by regulation, the copyright
of this section, be treated as a legal or beneficial owner if such sec-
owner
ondary transmission occurs within the local service area of that televi-
(1) serves notice upon the infringer, not less than ten or more
sion station.
than thirty days before such fixation, identifying the work and
(d) For any secondary transmission by a cable system that is
the specific time and source of its first transmission, and declaring
actionable as an act of infringement pursuant to section 111 (3),
an intention to secure copyright in the work; and
the following shall also have standing to sue: (i) the primary trans-
(2) makes registration for the work within three months after
mitter whose transmission has been altered by the cable system; and
its first transmission.
(ii) any broadcast station within whose local service area the sec-
§ 412. Registration as prerequisite to certain remedies for infringe-
ondary transmission occurs.
ment
§ 502. Remedies for infringement: Injunctions
In any action under this title, other than an action instituted under
(a) Any court having jurisdiction of a civil action arising under
section 411 no award of statutory damages or of attorney's fees,
this title may, subject to the provisions of section 1498 of title 28, grant
as provided by sections 50.4 and 505, shall be made for-
temporary and final injunctions on such terms as it may deem reason-
(1) any infringement of copyright in an unpublished work
able to prevent or restrain infringement of a copyright.
commenced before the effective date of its registration; or
(b) Any such injunction may be served anywhere in the United
(2) any infringement of copyright commenced after first publi-
States on the person enjoined; it shall be operative throughout the
cation of the work and before the effective date of its registration,
United States and shall be enforceable, by proceedings in contempt
unless such registration is made within three months after the
or otherwise, by any United States court having jurisdiction of that
first publication of the work.
person. The clerk of the court granting the injunction shall, when
requested by any other court in which enforcement of the injunction
CHAPTER 5.-COPYRIGHT INFRINGEMENT AND REMEDIES
Sec.
is sought, transmit promptly to the other court a certified copy of all
501. Infringement of copyright.
the papers in the case on file in such clerk's office.
502. Remedies for infringement: Injunctions.
§ 503. Remedies for infringement: Impounding and disposition of
503. Remedies for infringement: Impounding and disposition of infringing
articles.
infringing articles
504. Remedies for infringement: Damages and profits.
(a) At any time while an action under this title is pending, the
505. Remodies for infringement: Costs and attorney's fees.
court may order the impounding, on such terms as it may deem rea-
506. Criminal offenses.
507. Limitations on actions.
sonable, of all copies or phonorecords claimed to have been made or
508. Notification of filing and determination of actions.
used in violation of the copyright owner's exclusive rights, and of all
509. Seizure and forfeiture.
plates, molds, matrices, masters, tapes, film negatives, or other articles
510. Remedies for alteration of programing by cable systems.
by means of which such copies or phonorecords may be reproduced.
§ 501. Infringement of copyright
(b) A₈ part of α final judgment or decree, the court may order the
(a) Anyone who violates any of the exclusive rights of the copy-
destruction or other reasonable disposition of all copies or phonorec-
right owner as provided by sections 106 through 118, or who imports
ords found to have been made or used in violation of the copyright
copies or phonorecords into the United States in violation of section
owner's exclusive rights, and of all plates, molds, matrices, masters,
602, is an infringer of the copyright.
tapes, film negatives, or other articles by means of which such copies
(b) The legal or beneficial owner of an exclusive right under a copy-
or phonorecords may be reproduced.
right is entitled, subject to the requirements of sections (d) and
§ 504. Remedies for infringement: Damages and profits
411, to institute an action for any infringement of that particular
(a) IN GENERAL.-Except as otherwise provided by this title, an
right committed while he or she is the owner of it. The court may
infringer of copyright is liable for either-
50
51
(1) the copyright owner's actual damages and any additional
§ 506. Criminal offenses
profits of the infringer, as provided by subsection (b) ; or
(a) CRIMINAL INFRINGEMENT.-Any person who infringes a copy-
(2) statutory damages, as provided by subsection (c).
right willfully and for purposes of commercial advantage or private
(b) ACTUAL DAMAGES AND PROFITS.-The copyright owner is en-
financial gain shall be fined not more than $10,000 or imprisoned for
titled to recover the actual damages suffered by him or her as a result
not more than one year, or both: Provided, however, That any person
of the infringement, and any profit of the infringer that are attributa-
who infringes willfully and for purposes of commercial advantage or
ble to the infringement and are not taken into account in computing
private financial gain the copyright in a sound recording afforded by
the actual damages. In establishing the infringer's profits, the copy-
subsection (1), (2), or (3) of section 106 or the copyright in a motion
right owner is required to present proof only of the infringer's gross
picture afforded by subsections (1), (3), or (4) of section 106 shall be
revenue, and the infringer is required to prove his or her deductible
fined not more than $25,000 or imprisoned for not more than one year,
expenses and the elements of profit attributable to factors other than
or both, for the first such offense and shall be fined not more than
the copyrighted work.
$50,000 or imprisoned for not more than two years, or both, for any
(c) STATUTORY DAMAGES.-
subsequent offense.
(1) Except as provided by clause (2) of this subsection, the
(b) FORFEITURE AND DESTRUCTION.-When any person is convicted
copyright owner may elect, at any time before final judgment is
of any violation of subsection (a), the court in its judgment of con-
rendered, to recover, instead of actual damages and profits, an
viction shall, in addition to the penalty therein prescribed, order the
award of statutory damages for all infringements involved in the
forfeiture and destruction or other disposition of all infringing copies
action, with respect to any one work, for which any one infringer
or phonorecords and all implements, devices, or equipment used in the
is liable individually, or for which any two or more infringers are
manufacture of such infringing copies or phonorecords.
liable jointly and severally, in a sum of not less than $250 or more
(c) FRAUDULENT COPYRIGHT NOTICE.-Any person who, with fraud-
than $10,000 as the court considers just. For the purposes of this
ulent intent, places on any article a notice of copyright or words of the
subsection, all the parts of a compitation or derivative work con-
same purport that such person knows to be false, or who, with fraud-
stitute one work.
ulent intent, publicly distributes or imports for public distribution
(2) In a case where the copyright owner sustains the burden
any article bearing such notice or words that such person knows to be
of proving, and the court finds, that infringement was committed
false, shall be fined not more than $2,500.
willfully, the court in its discretion may increase the award of
(d) FRAUDULENT REMOVAL OF COPYRIGHT NOTICE.-Any person who,
statutory damages to a sum of not more than $50,000. In a case
with fraudulent intent, removes or alters any notice of copyright ap-
where the infringer sustains the burden of proving, and the court
pearing on a copy of a copyrighted work shall be fined not more than
finds, that such infringer was not aware and had no reason to
$2,500.
believe that his or her acts constituted an infringement of copy-
(e) FALSE REPRESENTATION.-Amy person who knowingly makes a
right, the court in its discretion may reduce the award of statutory
false representation of a material fact in the application for copyright
damages to a sum of not less than $100. The court shall remit
registration provided for by section 409, or in any written statement
statutory damages in any case where an infringer believed and
filed in connection with the application, shall be fined not more than
had reasonable grounds for believing that his or her use of the
$2,500.
copyrighted work was a fair use under section 107, if the infringer
was: (i) an employee or agent of a nonprofit educational institu-
§ 507. Limitations on actions
tion, library, or archives acting within the scope of his or her
(a) CRIMINAL PROCEEDINGS.-No criminal proceeding shall be main-
employment who, or such institution, library, or archives itself,
tained under the provisions of this title unless it is commenced within
which infringed by reproducing the work in copies or phonorec-
three years after the cause of action arose.
ords; or (ii) a public broadcasting entity which or a person who,
(b) CIVIL ACTIONS.-No civil action shall be maintained under the
as a regular part of the nonprofit activities of a public broadcast-
provisions of this title unless it is commenced within three years after
ing entity (as defined in subsection (g) of section 118) infringed
the claim accrued.
by performing a published nondramatic literary work or by repro-
§ 508. Notification of filing and determination of actions
ducing a transmission program embodying a performance of such
(a) Within one month after the filing of any action under this
a work.
title, the clerks of the courts of the United States shall send written
§ 505. Remedies for infringement: Costs and attorney's fees
notification to the Register of Copyrights setting forth, as far as is
In any civil action under this title, the court in its discretion may
shown by the papers filed in the court, the names and addresses of the
allow the recovery of full costs by or against any party other than the
parties and the title, author, and registration number of each work in-
United States or an officer thereof. Except as otherwise provided by
volved in the action. If any other copyrighted work is later included in
this title, the court may also award a reasonable attorney's fee to the
the action by amendment, answer, or other pleading, the clerk shall
prevailing party as part of the costs.
also send a notification concerning it to the Register within one month
after the pleading is filed.
52
53
(b) Within one month after any final order or judgment is issued
CHAPTER 6.-MANUFACTURING REQUIREMENT AND IMPORTATION
in the case, the clerk of the court shall notify the Register of it, send-
ing with the notification α copy of the order or judgment together with
601. Sec. Manufacture, importation, and public distribution of certain copies.
the written opinion, if any, of the court.
602. Infringing importation of copies or phonorecords,
603. Importation prohibitions: Enforcement and disposition of excluded articles.
(c) Upon receiving the notifications specified in this section, the
Register shall make them a part of the public records of the Copy-
§ 601. Manufacture, importation, and public distribution of cer-
right Office.
tain copies
§ 509. Seizure and forfeiture
(α) Prior to July 1, 1982, and except as provided by subsection (b),
the importation into or public distribution in the United States of
(a) All copies or phonorecords manufactured, reproduced, distrib-
copies of a work consisting preponderantly of nondramatic literary
uted, sold, or otherwise used, intended for use, or possessed with intent
material that is in the English language and is protected under this
to use in violation of section 506(a), and all plates, molds, matrices,
title is prohibited unless the portions consisting of such material have
masters, tapes, film negatives, or other articles by means of which
been manufactured in the United States or Canada.
such copies or phonorecords may be reproduced, and all electronic, me-
(b) The provisions of subsection (a) do not apply-
chanical, or other devices for manufacturing, reproducing, or assem-
(1) where, on the date when importation is sought or public
bling such copies or phonorecords may be seized and forfeited to the
distribution in the United States is made, the author of any sub-
United States.
stantial part of such material is neither a national nor a domicil-
(b) The applicable procedures relating to (i) the seizure, summary
iary of the United States or, if such author is a national of the
and judicial forfeiture. and condemnation of vessels, vehicles, mer-
United States, he or she has been domiciled outside the United
chandise, and baggage for violations of the customs laws contained in
States for a continuous period of at least one year immediately
title 19, (ii) the disposition of such vessels, vehicles, merchandise, and
preceding that date; in the case of a work made for hire, the ex-
baggage or the proceeds from the sale thereof, (iii) the remission or
emption provided by this clause does not apply unless a substan-
mitigation of such forfeiture, (iv) the compromise of claims, and (v)
tial part of the work was prepared for an employer or other per-
and award of compensation to informers in respect of such forfeitures,
son who is not a national or domiciliary of the United States or
shall apply to seizures and forfeitures incurred, or alleged to have
a domestic corporation or enterprise;
been incurred, under the provisions of this section, insofar as appli-
(2) where the United States Customs Service is presented with
cable and not inconsistent with the provisions of this section; except
an import statement issued under the seal of the Copyright Office,
that such duties as are imposed upon any officer or employee of the
in which case a total of no more than two thousand copies of any
Treasury Department or any other person with respect to the seizure
one such work shall be allowed entry; the import statement shall
and forfeiture of vessels, vehicles, merchandise, and baggage under
be issued upon request to the copyright owner or to a person
the provisions of the customs laws contained in title 19 shall be per-
designated by such owner at the time of registration for the work
formed with respect to seizure and forfeiture of all articles described
under section 408 or at any time thereafter;
in subsection (a) by such officers, agents, or other persons as may be
(3) where importation is sought under the authority or for the
authorized or designated for that purpose by the Attorney General.
use, other than in schools, of the Government of the United States
§ 510. Remedies for alteration of programing by cable systems
or of any State or political subdivision of a State;
(a) In any action filed pursuant to section 111 (c) (3), the following
(4) where importation, for use and not for sale, is sought-
remedies shall be available:
(A) by any person with respect to no more than one copy
(1) Where an action is brought by a party identified in sub-
of any work at any one time;
sections (b) or (c) of section 501, the remedies provided by sec-
(B) by any person arriving from outside the United
tions 502 through 505, and the remedy provided by subsection
States, with respect to copies forming part of such person's
(b) of this section; and
personal baggage; or
(2) Where an action is brought by a party identified in sub-
(C) by an organization operated for scholarly, educa-
section (d) of section 501, the remedies provided by sections 502
tional, or religious purposes and not for private gain, with
and 505, together with any actual damages suffered by such party
respect to copies intended to form a. part of its library;
as α result of the infringement, and the remedy provided by sub-
(5) where the copies are reproduced in raised characters for the
section (b) of this section.
use of the blind; or
(b) In any action filed pursuant to section 111 (3), the court
(6) where, in addition to copies imported under clauses (3) and
may decree that, for a period not to exceed thirty days, the cable sys-
(4) of this subsection, no more than two thousand copies of any
tem shall be deprived of the benefit of a compulsory license for one or
one such work, which have not been manufactured in the United
more distant signals carried by such cable system.
States or Canada, are publicly distributed in the United States; or
(7) where, on the date when importation is sought or public dis-
tribution in the United States is made-
54
55
(A) the author of any substantial part of such material is
an individual and receives compensation for the transfer or
Canada, the copyright owner shall set forth in the complaint the names
license of the right to distribute the work in the United
of the persons or organizations who performed the processes specified
States; and
by subsection (c) with respect to that material, and the places where
(B) the first publication of the work has previously taken
those processes were performed.
place outside the United States under a transfer or license
§ 602. Infringing importation of copies or phonorecords
granted by such author to a transferee or licensee who was not
(a) Importation into the United States, without the authority of
a national or domiciliary of the United States or a domestic
the owner of copyright under this title, of copies or phonorecords of
corporation or enterprise; and
a work that have been acquired outside the United States is an in-
(C) there has been no publication of an authorized edition
fringement of the exclusive right to distribute copies or phonorecords
of the work of which the copies were manufactured in the
under section 106, actionable under section 501. This subsection does
United States; and
not apply to-
(D) the copies were reproduced under a transfer or license
(1) importation of copies or phonorecords under the authority
granted by such author or by the transferee or licensee of the
or for the use of the Government of the United States or of any
right of first publication as mentioned in subclause (B), and
State or political subdivision of a State, but not including copies
the transferee or the licensee of the right of reproduction was
or phonorecords for use in schools, or copies of any audiovisual
not a national or domiciliary of the United States or a do-
work imported for purposes other than archival use;
mestic corporation or enterprise.
(2) importation, for the private use of the importer and not for
(c) The requirement of this section that copies be manufactured in
distribution, by any person with respect to no more than one copy
the United States or Canada is satisfied if-
or phonorecord of any one work at any one time, or by any per-
(1) in the case where the copies are printed directly from type
son arriving fom outside the United States with respect to copies
that has been set, or directly from plates made from such type, the
or phonorecords forming part of such person's personal baggage;
setting of the type and the making of the plates have been per-
or
formed in the United States or Canada; or
(3) importation by or for an organization operated for schol-
(2) in the case where the making of plates by a lithographic or
arly, educational, or religious purposes and not for private gain,
photoengraving process is a final or intermediate step preceding
with respect to no more than one copy of an audiovisual work
the printing of the copies, the making of the plates has been per-
solely for its archival purposes, and no more than five copies or
formed in the United States or Canada; and
phonorecords of any other work for its library lending or archival
(3) in any case, the printing or other final process of producing
purposes, unless the importation of such copies or phonorecords
multiple copies and any binding of the copies have been performed
is part of an activity consisting of systematic reproduction or
in the United States or Canada.
distribution, engaged in by such organization in violation of the
(d) Importation or public distribution of copies in violation of this
provisions of section 108(g) (2).
section does not invalidate protection for a work under this title. How-
(b) In a case where the making of the copies or phonorecords would
ever, in any civil action or criminal proceeding for infringement of the
have constituted an infringement of copyright if this title had been
exclusive rights to reproduce and distribute copies of the work, the
applicable, their importation is prohibited. In a case where the copies
infringer has a complete defense with respect to all of the nondramatic
or phonorecords were lawfully made, the United States Customs Serv-
literary material comprised in the work and any other parts of the
ice has no authority to prevent their importation unless the provisions
work in which the exclusive rights to reproduce and distribute copies
of section 601 are applicable. In either case, the Secretary of the
are owned by the same person who owns such exclusive rights in the
Treasury is authorized to prescribe, by regulation, a procedure under
nondramatic literary material, if the infringer proves-
which any person claiming an interest in the copyright in a particular
(1) that copies of the work have been imported into or publicly
work may, upon payment of a specified fee, be entitled to notification
distributed in the United States in violation of this section by or
by the Customs Service of the importation of articles that appear to
with the authority of the owner of such exclusive rights; and
be copies or phonorecords of the work.
(2) that the infringing copies were manufactured in the
United States or Canada in accordance with the provisions of sub-
§ 603. Importation prohibitions: Enforcement and disposition of
section (c), and
excluded articles
(3) that the infringement was commenced before the effective
(a) The Secretary of the Treasury and the United States Postal
date of registration for an authorized edition of the work, the
Service shall separately or jointly make regulations for the enforce-
copies of which have been manufactured in the United States or
ment of the provisions of this title prohibiting importation.
Canada in accordance with the provisions of subsection (c).
(b) These regulations may require, as a condition for the exclusion
(e) In any action for infringement of the the exclusive rights to
of articles under section 602-
reproduce and distribute copies of a work containing material re-
(1) that the person seeking exclusion obtain a court order en-
quired by this section to be manufactured in the United States or
joining importation of the articles; or
56
57
(2) that the person seeking exclusion furnish proof, of a speci-
§ 702. Copyright Office regulations
fied nature and in accordance with prescribed procedures, that
The Register of Copyrights is authorized to establish regulations
the copyright in which such person claims an interest is valid and
not inconsistent with law for the administration of the functions and
that the importation would violate the prohibition in section 602;
duties made the responsibility of the Register under this title. All regu-
the person seeking exclusion may also be required to post α surety
lations established by the Register under this title are subject to the
bond for any injury that may result if the detention or exclusion
approval of the Librarian of Congress.
of the articles proves to be unjustified.
(c) Articles imported in violation of the importation prohibitions
§ 703. Effective date of actions in Copyright Office
of this title are subject to seizure and forfeiture in the same manner
In any case in which time limits are presecribed under this title for
as property imported in violation of the customs revenue laws. For-
the performance of an action in the Copyright Office, and in which the
feited articles shall be destroyed as directed by the Secretary of the
last day of the prescribed period falls on a Saturday, Sunday, holiday,
Treasury or the court, as the case may be; however, the articles may
or other nonbusiness day within the District of Columbia or the Fed-
be returned to the country of export whenever it is shown to the satis-
eral Government, the action may be taken on the next succeeding busi-
faction of the Secretary of the Treasury that the importer had no rea-
ness day, and is effective as of the date when the period expired.
sonable grounds for believing that his or her acts constituted a viola-
§ 704. Retention and disposition of articles deposited in Copyright
tion of law.
Office
CHAPTER 7.-COPYRIGHT OFFICE
(a) Upon their deposit in the Copyright Office under sections 407
Sec.
and 408, all copies, phonorecords, and identifying material, including
701. The Copyright Office: General responsibilities and organization.
702. Copyright Office regulations.
those deposited in connection with claims that have been refused regis-
703. Effective date of actions in Copyright Office.
tration, are the property of the United States Government.
704. Retention and disposition of articles deposited in Copyright Office.
(b) In the case of published works, all copies, phonorecords, and
705. Copyright Office records: Preparation, maintenance, public inspection, and
identifying material deposited are available to the Library of Congress
searching.
706. Copies of Copyright Office records.
for its collections, or for exchange or transfer to any other library. In
707. Copyright Office forms and publications.
the case of unpublished works, the Library is entitled, under regula-
708. Copyright Office fees.
tions that the Register of Copyrights shall prescribe, to select any de-
709. Delay in delivery caused by disruption of postal or other services.
posits for its collections or for transfer to the National Archives of the
710. Reproductions for use of the blind and physically handicapped: Voluntary
United States or to a Federal records center, as defined in section 2901
licensing forms and procedures.
§ 701. The Copyright Office: General responsibilities and orga-
of title 44.
(c) The Register of Copyrights is authorized, for specific or general
nization
categories of works, to make a facsimile reproduction of all or any part
(α) All administrative functions and duties under this title, except
of the material deposited under section 408; and to make such reproduc-
as otherwise specified, are the responsibility of the Register of Copy-
tion a part of the Copyright Office records of the registration, before
rights as director of the Copyright Office of the Library of Congress.
transferring süch material to the Library of Congress as provided by
The Register of Copyrights, together with the subordinate officers and
subsection (b), or before destroying or otherwise disposing of such
employees of the Copyright Office, shall be appointed by the Librarian
material as provided by subsection (d).
of Congress, and shall act under the Librarian's general direction and
(d) Deposits not selected by the Library under subsection (b), or
supervision.
identifying portions or reproductions of them, shall be retained under
(b) The Register of Copyrights shall adopt a seal to be used on and
the control of the Copyright Office, including retention in Government
after January 1, 1978, to authenticate all certified documents issued
storage facilities, for the longest period considered practicable and de-
by the Copyright Office.
sirable by the Register of Copyrights and the Librarian of Congress.
(c) The Register of Copyrights shall make an annual report to the
After that period it is within the joint discretion of the Register and
Librarian of Congress of the work and accomplishments of the Copy-
the Librarian to order their destruction or other disposition; but, in
right Office during the previous fiscal year. The annual report of the
the case of unpublished works, no deposit shall be knowingly and in-
Register of Copyrights shall be published separately and as a part of
tentionally destroyed or otherwise disposed of during its term of copy-
the annual report of the Librarian of Congress.
right unless a facsimile reproduction of the entire deposit has been
(d) Except as provided by section (b) and the regulations issued
made a part of the Copyright Office records as provided by subsection
thereunder, all actions taken by the Register of Copyrights under this
(c).
title are subject to the provisions of the Administrative Procedure Act
(e) The depositor of copies, phonorecords, or identifying material
of June 11, 1946, as amended (c.324, 60, Stat. 237, title 5, United States
under section 408, or the copyright owner of record, may request reten-
Code, Chapter 5, Subchapter II and Chapter 7).
tion, under the control of the Copyright Office, of one or more of such
articles for the full term of copyright in the work. The Register of
H. Rept. 94-1733 4
58
59
Copyrights shall prescribe, by regulation, the conditions under which
(3) for the issuance of a receipt for a deposit under section 407,
such requests are to be made and granted, and shall fix the fee to be
$2;
charged under section 708 (a) (11) if the request is granted.
(4) for the recordation, as provided by section 205, of, a transfer
§ 705. Copyright Office records: Preparation, maintenance, public
of copyright ownership or other document of six pages or less,
inspection, and searching
covering no more than one title, $10; for each page over six and
each title over one, 50 cents additional;
(a) The Register of Copyrights shall provide and keep in the Copy-
(5) for the filing, under section 115 (b), of a notice of intention
right Office records of all deposits, registrations, recordations, and
to make phonorecords, $6;
other actions taken under this title, and shall prepare indexes of all
(6) for the recordation, under section 302 (c), of a statement
such records.
revealing the identity of an author of an anonymous or pseudony-
(b) Such records and indexes, as well as the articles deposited in con-
mous work, or for the recordation, under section 302 (d), of a
nection with completed copyright registrations and retained under the
statement relating to the death of an author, $10 for a document
control of the Copyright Office, shall be open to public inspection.
(c) Upon request and payment of the fee specified by section 708, the
of six pages or less, covering no more than one title; for each page
over six and for each title over one, $1 additional;
Copyright Office shall make a search of its public records, indexes and
deposits, and shall furnish a report of the information they disclose
(7) for the issuance, under section 601, of an import statement,
with respect to any particular deposits, registrations, or recorded
$3;
documents.
(8) for the issuance, under section 706, of an additional certifi-
cate of registration, $4;
§ 706. Copies of Copyright Office records
(9) for the issuance of any other certification, $4; the Register
(a) Copies may be made of any public records or indexes of the
of Copyrights has discretion, on the basis of their cost, to fix the
Copyright Office; additional certificates of copyright regisration and
fees for preparing copies of Copyright Office records, whether
copies of any public records or indexes may be furnished upon request
they are to be certified or not;
and payment of the fees specified by section 708.
(10) for the making and reporting of a search as provided by
(b) Copies or reproductions of deposited articles retained under the
section 705, and for any related services, $10 for each hour or frac-
control of the Copyright Office shall be authorized or furnished only
tion of an hour consumed;
under the conditions specified by the Copyright Office regulations.
(11) for any other special services requiring a substantial
§ 707. Copyright Office forms and publications
amount of time or expense, such fees as the Register of Copy-
rights may fix on the basis of the cost of providing the service.
(a) CATALOG OF COPYRIGHT ENTRIES.-The Register of Copyrights
(b) The fees prescribed by or under this section are applicable to
shall compile and publish at periodic intervals catalogs of all copyright
the United States Government and any of its agencies, employees, or
registrations. These catalogs shall be divided into parts in accordance
with the various classes of works, and the Register has discretion to de-
officers, but the Register of Copyrights has discretion to waive the re-
termine, on the basis of practicability and usefulness, the form and
quirement of this subsection in occasional or isolated cases involving
frequency of publication of each particular part.
relatively small amounts.
(b) OTHER PUBLICATIONS.-The Register shall furnish, free of
(c) The Register of Copyrights shall deposit all fees in the Treas-
charge upon request, application forms for copyright registration and
ury of the United States in such manner as the Secretary of the Treas-
general informational material in connection with the functions of the
ury directs. The Register may, in accordance with regulations that he
or she shall prescribe, refund any sum paid by mistake or in excess
Copyright Office. The Register also has the authority to publish com-
pilations of information, bibliographies, and other material he or she
of the fee required by this section; however, before making a refund
considers to be of value to the public.
in any case involving a refusal to register a claim under section
(c) DISTRIBUTION OF PUBLICATIONS.-All publications of the Copy-
410(b), the Register may deduct all or any part of the prescribed
right Office shall be furnished to depository libraries as specified under
registration fee to cover the reasonable administrative costs of proc-
section 1905 of title 44, and, aside from those furnished free of charge,
essing the claim.
shall be offered for sale to the public at prices based on the cost of
§ 709. Delay in delivery caused by disruption of postal or other
reproduction and distribution.
services
708. Copyright Office fees
In any case in which the Register of Copyrights determines, on the
(a) The following fees shall be paid to the Register of Copyrights:
basis of such evidence as the Register may by regulation require, that
(1) for the registration of a copyright claim or a supplementary
a deposit, application, fee, or any other material to be delivered to the
registration under section 408, including the issuance of a certifi-
Copyright Office by a particular date, would have been received in
cate of registration, $10;
the Copyright Office in due time except for a general disruption or
(2) for the registration of a claim to renewal of α subsisting
suspension of postal or other transportation or communications serv-
copyright in its first term under section 304 including the issu-
ices, the actual receipt of such material in the Copyright Office within
ance of a certificate of registration, $6;
one month after the date on which the Register determines that the
60
61
disruption or suspension of such services has terminated, shall be
(2) to make determinations concerning the adjustment of the
considered timely.
copyright royalty rates in section 111 solely in accordance with
§ 710. Reproductions for use of the blind and physically handi-
the following provisions:
capped: Voluntary licensing forms and procedures
(A) The rates established by section 111 (d) (2) (B) may be
The Register of Copyrights shall, after consultation with the Chief
adjusted to reflect (i) national monetary inflation or deflation
of the Division for the Blind and Physically Handicapped and other
or (ii) changes in the average rates charged cable subscribers for
appropriate officials of the Library of Congress, establish by regula-
the basic service of providing secondary transmissions to main-
tion standardized forms and procedures by which, at the time applica-
tain the real constant dollar level of the royalty fee per sub-
tions covering certain specified categories of nondramatic literary
scriber which existed as of the date of enactment of this Act:
the copyright owner may voluntarily grant to the Library of Congress
works are submitted for registration under section 408 of this title,
Provided, That if the average rates charged cable system sub-
scribers for the basic service of providing secondary transmissions
a license to reproduce the copyrighted work by means of Braille or
are changed 80 that the average rates exceed national monetary
similar tactile symbols, or by fixation of a reading of the work in a
inflation, no change in the rates established by section 111 (d)
phonorecord, or both, and to distribute the resulting copies or phone-
(2) (B) shall be permitted: And provided further, That no
records solely for the use of the blind and physically handicapped and
increase in the royalty fee shall be permitted based on any re-
under limited conditions to be specified in the standardized forms.
duction in the average number of distant signal equivalents per
subscriber. The Commission may consider all factors relating to
Sec.
CHAPTER 8.-COPYRIGHT ROYALTY TRIBUNAL
the maintenance of such level of payments including, as an ex-
801. Copyright Royalty Tribunal: Establishment and purpose.
tenuating factor, whether the cable industry has been restrained
802. Membership of the Tribunal.
by subscriber rate regulating authorities from increasing the rates
803. Procedures of the Tribunal.
for the basic service of providing secondary transmissions.
804. Institution and conclusion of proceedings.
805. Staff of the Tribunal.
(B) In the event that the rules and regulations of the Fed-
806. Administrative support of the Tribunal.
eral Communications Commission are amended at any time after
807. Deduction of costs of proceedings.
April 15, 1976, to permit the carriage by cable systems of addi-
808. Reports.
tional television broadcast signals beyond the local service area
809. Effective date of final determinations.
810. Judicial review.
of the primary transmitters of such signals, the royalty rates estab-
lished by section 111 (d) (2) (B) may be adjusted to insure that
§ 801. Copyright Royalty Tribunal: Establishment and purpose
the rates for the additional distant signal equivalents resulting
Tribunal in the legislative branch.
(a) There is hereby created an independent Copyright Royalty
from such carriage are reasonable in the light of the changes
effected by the amendment to such rules and regulations. In de-
(b) Subject to the provisions of this chapter, the purposes of the
termining the reasonableness of rates proposed following an
Tribunal shall be-
amendment of Federal Communications Commission rules and
(1) to make determinations concerning the adjustment of rea-
regulations, the Copyright Royalty Tribunal shall consider, among
sonable copyright royalty rates as provided in sections 115 and
other factors, the economic impact on copyright owners and users:
116, and to make determinations as to reasonable terms and rates
Provided, That no adjustment in royalty rates shall be made
ble under sections 115 and 116 shall be calculated to achieve the
of royalty payments as provided in section 118. The rates applica-
under this subclause with respect to any distant signal equiva-
lent or fraction thereof represented by (i) carriage of any signal
following objectives:
permitted under the rules and regulations of the Federal Com-
public; (A) To maximize the availability of creative works to the
munications Commission in effect on April 15, 1976, or the car-
riage of a signal of the same type (that is, independent, network,
(B) To afford the copyright owner a fair return for his
or noncommercial educational), substituted for such permitted
creative work and the copyright user a fair income under
signal, or (ii) a television broadcast signal first carried after
existing economic conditions;
April 15, 1976, pursuant to an individual waiver of the rules and
(C) To reflect the relative roles of the copyright owner
regulations of the Federal Communications Commission, as such
and the copyright user in the product made available to the
rules and regulations were in effect on April 15, 1976.
public with respect to relative creative contribution, tech-
(C) In the event of any change in the rules and regulations
nological contribution, capital investment, cost, risk, and con-
of the Federal Communications Commission with respect to syn-
tribution to the opening of new markets for creative expres-
dicated and sports program exclusivity after April 15, 1976, the
sion and media for their communication;
rates established by section (2) (B) may be adjusted to
(D) To minimize any disruptive impact on the structure of
assure that such rates are reasonable in light of the changes to such
practices. the industries involved and on generally prevailing industry
rules and regulations, but any such adjustment shall apply only
to the affected television broadcast signals carried on those systems
affected by the change.
62
63
(D) The gross receipts limitations established by section 111
with respect to proceedings under section 801 (b) (2) (4) and (D)-
(d) (2) (C) and (D) shall be adjusted to reflect national mone-
(1) on January 1, 1980, the Chairman of the Tribunal shall
tary inflation or deflation or changes in the average rates charged
cause to be published in the Federal Register notice of commence-
cable system subscribers for the basic service of providing sec-
ment of proceedings under this chapter; and
ondary transmissions to maintain the real constant dollar value
(2) during the calendar years specified in the following
of the exemption provided by such section; and the royalty rate
schedule, any owner or user of α copyrighted work whose royalty
specified therein shall not be subject to adjustment; and
rates are specified by this title, or by a rate established by the
(3) to distribute royalty fees deposited with the Register
Tribunal, may file a petition with the Tribunal declaring that the
of Copyrights under sections 111 and 116, and to determine,
petitioner requests an adjustment of the rate. The Tribunal shall
in cases where controversy exists, the distribution of such
make a determination as to whether the applicant has a significant
fees.
interest in the royalty rate in which an adjustment is requested. If
(c) As soon as possible after the date of enactment of this Act,
the Tribunal determines that the petitioner has a significant inter-
and no later than six months following such date, the President shall
est, the Chairman shall cause notice of this determination, with
publish a notice announcing the initial appointments provided in
the reasons therefor, to be published in the Federal Register, to-
section 802, and shall designate an order of seniority among the initi-
gether with notice of commencement of proceedings under this
ally-appointed commissioners for purposes of section 802 (b).
chapter.
§ 802. Membership of the Tribunal
(A) In proceedings under section 801 (b) (2) (A) and (D),
such petition may be filed during 1985 and in each subsequent
(a) The Tribunal shall be composed of five commissioners ap-
fifth calendar year.
pointed by the President with the advice and consent of the Senate
(B) In proceedings under section (b) (1) concerning
for a term of seven years each; of the first five members appointed,
the adjustment of royalty rates as provided in section 115,
three shall be designated to serve for seven years from the date of
such petition may be filed in 1987 and in each subsequent
the notice specified in section 801 (c), and two shall be designated to
tenth calendar year.
serve for five years from such date, respectively. Commissioners shall
(C) In proceedings under section 801 (b) (1) concerning
be compensated at the highest rate now or hereafter prescribed for
the adjustment of royalty rates under section 116, such peti-
grade 18 of the General Schedule pay rates (5 U.S.C. 5332).
tion may be filed in 1990 and in each subsequent tenth
(b) Upon convening the commissioners shall elect a chairman from
calendar year.
among the commissioners appointed for a full seven-year term. Such
(b) With respect to proceedings under subclause (B) or (C) of sec-
chairman shall serve for a term of one year. Thereafter, the most
tion 801 (b) (2), following an event described in either of those sub-
senior commissioner who has not previously served as chairman shall
sections, any owner or user of a copyrighted work whose royalty rates
serve as chairman for a period of one year, except that, if all com-
are specified by section 111, or by a rate established by the Tribunal,
missioners have served a full term as chairman, the most senior com-
may, within twelve months, file a petition with the Tribunal declaring
missioner who has served the least number of terms as chairman shall
that the petitioner requests an adjustment of the rate. In this event
be designated as chairman.
the Tribunal shall proceed as in subsection (a) (2), above. Any change
(c) Any vacancy in the Tribunal shall not affect its powers and
in royalty rates made by the Tribunal pursuant to this subsection may
shall be filled, for the unexpired term of the appointment, in the same
be reconsidered in 1980, 1985, and each fifth calendar year thereafter,
manner as the original appointment was made.
in accordance with the provisions in section 801 (b) (2) (B) or (C), as
§ 803. Procedures of the Tribunal
the case may be.
(a) The Tribunal shall adopt regulations, not inconsistent with law,
(c) With respect to proceedings under section 801 (b) (1), concern-
governing its procedure and methods of operation. Except as otherwise
ing the determination of reasonable terms and rates of royalty pay-
provided in this chapter, the Tribunal shall be subject to the provisions
ments as provided in section 118, the Tribunal shall proceed when and
of the Administrative Procedure Act of June 11, 1946, as amended (c.
as provided by that section.
324, 60 Stat. 237, title 5, United States Code, chapter 5, subchapter II
(d) With respect to proceedings under section 801 (b) (3), concern-
and chapter 7).
ing the distribution of royalty fees in certain circumstances under
sections 111 or 116, the Chairman of the Tribunal shall, upon deter-
(b) Every final determination of the Tribunal shall be published in
the Federal Register. It shall state in detail the criteria that the
mination by the Tribunal that a controversy exists concerning such
distribution, cause to be published in the Federal Register notice of
Tribunal determined to be applicable to the particular proceeding, the
commencement of proceedings under this chapter.
various facts that it found relevant to its determination in that pro-
(e) All proceedings under this chapter shall be initiated without
ceeding, and the specific reasons for its determination.
delay following publication of the notice specified in this section, and
§ 804. Institution and conclusion of proceedings
the Tribunal shall render its final decision in any such proceeding
(a) With respect to proceedings under section 801 (b) (1) concerning
within one year from the date of such publication.
the adjustment of royalty rates as provided in sections 115 and 116, and
65
64
the Tribunal. No court shall have jurisdiction to review a final de-
§ 805. Staff of the Tribunal
cision of the Tribunal except as provided in this section.
(a) The Tribunal is authorized to appoint and fix the compensation
of such employees as may be necessary to carry out the provisions of
TRANSITIONAL AND SUPPLEMENTARY PROVISIONS
this chapter, and to prescribe their functions and duties.
(b) The Tribunal may procure temporary and intermittent services
SEC. 102. This Act becomes effective on January 1, 1978, except as
to the same extent as is authorized by section 3109 of title 5.
otherwise expressly provided by this Act, including provisions of the
§ 806. Administrative support of the Tribunal
first section of this Act. The provisions of sections 118, 304(b), and
chapter 8 of title 17, as amended by the first section of this Act, take
(a) The Library of Congress shall provide the Tribunal with neces-
effect upon enactment of this Act.
sary administrative services, including those related to budgeting ac-
SEC. 103. This Act does not provide copyright protection for any
counting, financial reporting, travel, personnel, and procurement. The
work that goes into the public domain before January 1, 1978. The
Tribunal shall pay the Library for such services, either in advance or
exclusive rights, as provided by section 106 of title 17 as amended by
by reimbursement from the funds of the Tribunal, at amounts to be
the first section of this Act, to reproduce a work in phonorecords and
agreed upon between the Librarian and the Tribunal.
to distribute phonorecords of the work, do not extend to any non-
(b) The Library of Congress is authorized to disburse funds for the
dramatic musical work copyrighted before July 1, 1909.
Tribunal, under regulations prescribed jointly by the Librarian of
SEC. 104. All proclamations issued by the President under section
Congress and the Tribunal and approved by the Comptroller General.
1(e) or 9(b) of title 17 as it existed on December 31, 1977, or under
Such regulations shall establish requirements and procedures under
previous copyright statutes of the United States, shall continue in
which every voucher certified for payment by the Library of Congress
beginning of chapter 5 of title 44, is amended to read as follows:
under this chapter shall be supported with a certification by a duly
SEC. 105. (a) (1) section 505 of title 44 is amended to read as
authorized officer or employee of the Tribunal, and shall prescribe the
follows:
responsibilities and accountability of said officers and employees of
the Tribunal with respect to such certifications.
"§ 505. Sale of duplicate plates
§ 807. Deduction of costs of proceedings
"The Public Printer shall sell, under regulations of the Joint Com-
mittee on Printing to persons who may apply, additional or duplicate
Before any funds are distributed pursuant to a final decision in a
stereotype or electrotype plates from which a Government publication
proceeding involving distribution of royalty fees, the Tribunal shall
is printed, at a price not to exceed the cost of composition, the metal,
assess the reasonable costs of such proceeding.
and making to the Government, plus 10 per centum, and the full
§ 808. Reports
amount of the price shall be paid when the order is filed.".
In addition to its publication of the reports of all final determina-
(2) The item relating to section 505 in the sectional analysis at the
tions as provided in section 803 (b), the Tribunal shall make an annual
beginning of chapter 5 of title 44, is amended to read as follows:
report to the President and the Congress concerning the Tribunal's
"505. Sale of duplicate plates.".
work during the preceding fiscal year, including a detailed fiscal
(b) Section 2113 of title 44 is amended to read as follows:
statement of account.
"§ 2113. Limitation on liability
§ 809. Effective date of final determinations
"When letters and other intellectual productions (exclusive of
Any final determination by the Tribunal under this chapter shall
patented material, published works under copyright protection, and
become effective thirty days following its publication in the Federal
unpublished works for which copyright registration has been made)
Register as provided in section 803(b), unless prior to that time an
come into the custody or possession of the Administrator of General
appeal has been filed pursuant to section 810, to vacate, modify, or
Services, the United States or its agents are not liable for infringement
correct such determination, and notice of such appeal has been served
of copyright or analogous rights arising out of use of the materials for
on all parties who appeared before the Tribunal in the proceeding in
display, inspection, research, reproduction, or other purposes.".
question. Where the proceeding involves the distribution of royalty
(c) In section 1498(b) of title 28, the phrase "section (b) of
fees under sections 111 or 116, the Tribunal shall, upon the expiration
title 17" is amended to read "section 504(c) of title 1'7".
of such thirty-day period, distribute any royalty fees not subject to
(d) Section 543(a) (4) of the Internal Revenue Code of 1954, as
an appeal filed pursuant to section 810.
amended, is amended by striking out (other than by reason of seo
§ 810. Judicial review
tion 2 or 6 thereof)"
Any final decision of the Tribunal in a proceeding under section
(e) Section 3202 (α) of title 39 is amended by striking out clause
801(b) may be appealed to the United States Court of Appeals, within
(5). Section 3206 of title 39 is amended by deleting the words "sub-
thirty days after its publication in the Federal Register, by an ag-
sections (b) and (c)" and inserting "subsection (b)" in subsection
grieved party. The judicial review of the decision shall be had, in
(a), and deleting subsection (c). Section 3206 is renumbered (c).
accordance with chapter of of title 5, on the basis of the record before
66
67
(f) Subsection (a) of section 290(e) of title 15 is amended by de-
the label to have been falsely made, forged, or counterfeited shall be
leting the phrase "section 8" and inserting in lieu thereof the phrase
fined not more than $10,000 or imprisoned for not more than one year,
"section 105".
or both, for the first such offense and shall be fined not more than
(g) Section 131 of title 2 is amended by deleting the phrase "deposit
$25,000 or imprisoned for not more than two years, or both, for any'
to secure copyright," and inserting in lieu thereof the phrase "acquisi-
subsequent offense.
tion of material under the copyright law,".
(b) When any person is convicted of any violation of subsection
SEC. 106. In any case where, before January 1, 1978, a person has
(a), the court in its judgment of conviction shall, in addition to the
lawfully made parts of instruments serving to reproduce mechanically
penalty therein prescribed, order the forfeiture and destruction or
a copyrighted work under the compulsory license provisions of sec-
other disposition of all counterfeit labels and all articles to which
tion 1(e) of title 17 as it existed on December 31, 1977, such person
counterfeit labels have been affixed or which were intended to have
may continue to make and distribute such parts embodying the same
had such labels affixed.".
mechanical reproduction without obtaining α new compulsory license
(c) Except to the extent they are inconsistent with the provisions
under the terms of section 115 of title 17 as amended by the first section
of this title, all provisions of section 509, title 17, United States Code,
of this Act, However, such parts made on or after January 1, 1978,
are applicable to violations of subsection (a).".
constitute phonorecords and are otherwise subject to the provisions of
SEC. 112. All causes of action that arose under title 17 before Janu-
said section 115.
ary 1, 1978, shall be governed by title 17 as it existed when the cause
SEC. 107. In the case of any work in which an ad interim copyright
of action arose.
is subsisting, or is capable of being secured on December 31, 1977,
SEC. 113. (a) The Librarian of Congress (hereinafter referred to as
under section 22 of title 17 as it existed on that date, copyright pro-
the "Librarian") shall establish and maintain in the Library of Con-
tection is hereby extended to endure for the term or terms provided by
gress a library to be known as the American Television and Radio
section 304 of title 17 as amended by the first section of this Act.
Archives (hereinafter referred to as the "Archives"). The purpose of
SEC. 108. The notice provisions of sections 401 through 403 of title
the Archives shall be to preserve a permanent record of the television
17 as amended by the first section of this Act apply to all copies or
and radio programs which are the heritage of the people of the United
phonorecords publicly distributed on or after January 1, 1978. How-
States and to provide access to such programs to historians and
ever, in the case of a work published before January 1, 1978, com-
scholars without encouraging or causing copyright infringement.
pliance with the notice provisions of title 17 either as it existed on
(1) The Librarian, after consultation with interested organiza-
December 31, 1977, or as amended by the first section of this Act, is
tions and individuals, shall determine and place in the Archives
adequate with respect to copies publicly distributed after Decem-
such copies and phonorecords of television and radio programs
ber 31, 1977.
transmitted to the public in the United States and in other coun-
SEC. 109. The registration of claims to copyright for which the re-
tries which are of present or potential public or cultural interest,
quired deposit, application, and fee were received in the Copyright
historical significance, cognitive value, or otherwise worthy of
Office before January 1, 1978, and the recordation of assignments of
preservation, including copies and phonorecords of published and
copyright or other instruments received in the Copyright Office before
unpublished transmission programs-
January 1, 1978, shall be made in accordance with title 17 as it existed
(A) acquired in accordance with sections 407 and 408 of
on December 31, 1977.
title 17 as amended by the first section of this Act; and
SEC. 110. The demand and penalty provisions of section 14 of title
(B) transferred from the existing collections of the Library
17 as it existed on December 31, 1977, apply to any work in which
of Congress; and
copyright has been secured by publication with notice of copyright
(C) given to or exchanged with the Archives by other
on or before that date, but any deposit and registration made after
libraries, archives, organizations, and individuals; and
that date in response to a demand under that section shall be made in
(D) purchased from the owner thereof.
accordance with the provisions of title 17 as amended by the first sec-
(2) The Librarian shall maintain and publish appropriate cata-
tion of this Act.
logs and indexes of the collections of the Archives, and shall make
SEC. 111. Section 2318 of title 18 of the United States Code is
such collections available for study and research under the condi-
amended to read as follows:
tions prescribed under this section.
"§ 2318. Transportation, sale or receipt of phonograph records
(b) Notwithstanding the provisions of section 106 of title 17 as
bearing forged or counterfeit labels
amended by the first section of this Act, the Librarian is authorized
"(a) Whoever knowingly and with fraudulent intent transports,
with respect to a transmission program which consists of a regularly
scheduled newscast or on-the-spot coverage of news events and, under
causes to be transported, receives, sells, or offers for sale in interstate
standards and conditions that the Librarian shall prescribe by
or foreign commerce any phonograph record, disk, wire, tape, film, or
other article on which sounds are recorded, to which or upon which is
regulation-
stamped, pasted, or affixed any forged or counterfeited label, knowing
(1) to reproduce a fixation of such a program, in the same or
another tangible form, for the purposes of preservation or security
68
or for distribution under the conditions of clause (3) of this sub-
section; and
(2) to compile, without abridgment or any other editing, por-
tions of such fixations according to subject matter, and to repro-
duce such compilations for the purpose of clause (1) of this sub-
section; and
JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE
(3) to distribute a reproduction made under clause (1) or (2)
of this subsection
The managers on the part of the Senate and the House at, the con-
(A) by loan to a person engaged in research; and
ference on the disagreeing votes of the two Houses on the amendment
(B) for deposit in a library or archives which meets the
of the House to the bill (S.22) for the general revision of the Copy-
requirements of section 108 of title 17 as amended by the
right Law, title 17 of the United States Code, and for other purposes,
first section of this Act,
submit the following joint statement to the House and Senate in
in either case for use only in research and not for further repro-
explanation of the effect of the action agreed upon by the managers,
duction or performance.
and recommend in the accompanying conference report:
(c) The Librarian or any employee of the Library who is acting
The House amendment struck out all of, the Senate bill after the
under the authority of this section shall not be liable in any action for
enacting clause and inserted a substitute text.
copyright infringement committed by any other person unless the
The Senate recedes from its disagreement to the amendment of the
Librarian or such employee knowingly participated in the act of
House with an amendment which is a substitute for the Senate bill
infringement committed by such person. Nothing in this section shall
and the House amendment. The differences between the Senate bill,
be construed to excuse or limit liability under title 17 as amended by
the House amendment, and the substitute agreed to in conference are
the first section of this Act for any act not authorized by that title or
noted below, except for clerical corrections, conforming changes made
this section, or for any act performed by α person not authorized to
necessary by agreements reached by the conferees, and minor drafting
act under that title or this section.
and clarifying changes.
(d) This section may be cited as the "American Television and
Radio Archives Act".
COPYRIGHTABLE SUBJECT MATTER: PUBLICATIONS OF THE
SEC. 114. There are hereby authorized to be appropriated such funds
U.S. GOVERNMENT
as may be necessary to carry out the purposes of this Act.
Senate bill
SEC. 115. If any provision of title 17, as amended by the first section
Under section 105 of the Senate bill, both published and unpub-
of this Act, is declared unconstitutional, the validity of the remainder
lished works of the United States Government were excluded from
of this title is not aff ected.
copyright protection.
And the House agree to the same.
House bill
ROBERT W. KASTENMEIER,
The House bill retained the general prohibition against copyright
GEORGE E. DANIELSON,
in U.S. Government works, but made one specific exception in favor
ROBERT F. DRINAN,
of any publication of the National Technical Information Service.
HERMAN BADILLO,
The Secretary of Commerce was authorized to secure copyright in
EDWARD W. PATTISON,
such works, on behalf of the United States as author or copyright
ToM RAILSBACK,
owner, for a limited term not to exceed five years.
CHARLES E. WIGGINS,
Managers on the Part of the House.
Conference substitute
JOHN L. McCLELLAN,
The conference substitute conforms to the Senate bill. Because of
PHILIP A. HART,
the lack of Senate hearings on the issue, the conferees recommended
QUENTIN N. BURDICK,
that the NTIS request for limited copyright in order to control for-
HUGH ScoTT,
eign copying be considered at hearings early in the next session. In
HIRAM L. FONG,
the interim, consideration should also be given to compensatory appro-
Managers on the Part of the Senate.
priations to NTIS in lieu of revenues lost as a result of unauthorized
foreign copying.
The Department of Commerce testified on May 8, 1975, before the
House Subcommittee on Courts, Civil Liberties, and the Adminis-
tration of Justice that the lack of copyright protection in publica-
tions of its National Technical Information Service (NTIS) posed
special problems, since NTIS is required (15 USC 1151-7) to be self-
(69)
70
71
sustaining to the fullest extent feasible. Widespread copying of NTIS
of copyrighted material can be noncommercially reproduced and dis-
publications is especially prevalent in foreign nations. In Japan it is
tributed, but made clear that the privileges of a library or archives
reported that NTIS reproductions are sold having a value of
under the section do not apply where the reproduction or distribu-
$3,000,000 annually. A United Kingdom copier sells nearly twice as
tion is of multiple copies or is "systematic." Under subsection (f),
many copies of NTIS publications as NTIS does directly to the U.K.
the section was not to be construed as limiting the reproduction and
The USSR buys substantial volume of NTIS publications from Euro-
distribution, by a library or archive meeting the basic criteria of the
pean copiers for further copying in the USSR. The lack of copyright
section, of a limited number of copies and excerpts of an audiovisual
protection in NTIS publications also results in widespread foreign
news program.
use of U.S. tax-funded research and development without any return
to the U.S. U.S. organizations also sell NTIS publications to foreign
House bill
buyers without recouping for the taxpayer, as represented by NTIS,
The House bill amended section 108 to make clear that, in cases
monies adequately reflecting the value of the scientific, engineering,
involving interlibrary arrangements for the exchange of photocopies,
and technical information contained therein.
the activity would not be considered "systematic" as long as the library
or archives receiving the reproductions for distribution does not do
FAIR USE
SO in such aggregate quantities as to substitute for a subscription to or
Senate bill
purchase of the work. A new subsection (i) directed the Register of
The Senate bill, in section 107, embodied express statutory recogni-
Copyrights, by the end of 1982 and at five-year intervals thereafter,
tion of the judicial doctrine that the fair use of a copyrighted work
to report on the practical success of the section in balancing the various
is not an infringement of copyright. It set forth the fair use doctrine,
interests, and to make recommendations for any needed changes. With
including four criteria for determining its applicability in particular
respect to audiovisual news programs, the House bill limited the scope
cases, in general terms.
of the distribution privilege confirmed by section 108 (3) to cases
where the distribution takes the form of a loan.
House bill
Conference substitute
The House bill amended section 107 in two respects: in the general
The conference substitute adopts the provisions of section 108 as
statement of the fair use doctrine it added a specific reference to
amended by the House bill. In doing so, the conferees have noted two
multiple copies for classroom use, and it amplified the statement of
letters dated September 22, 1976, sent respectively to John L. McClel-
the first of the criteria to be used in judging fair use (the purpose
lan, Chairman of the Senate Judiciary Subcommittee on Patents,
and character of the use) by referring to the commercial nature or
Trademarks, and Copyrights, and to Robert W. Kastenmeier, Chair-
nonprofit educational purpose of the use.
man of the House Judiciary Subcommittee on Courts, Civil Liberties,
Conference substitute
and the Administration of Justice. The letters, from the Chairman of
The conference substitute adopts the House amendments. The con-
the National Commission on New Technological Uses of Copyrighted
ferees accept as part of their understanding of fair use the Guide-
Works (CONTU), Stanley H. Fuld, transmitted a document consist-
lines for Classroom Copying in Not-for-Profit Educational Institu-
ing of "guidelines interpreting the provision in subsection 108 (g) (2)
tions with respect to books and periodicals appearing at pp. 68-70 of
of S. 22, as approved by the House Committee on the Judiciary."
the House Report (H. Rept. No. 94-1476, as corrected at p. H 10727
Chairman Fuld's letters explain that, following lengthy consultations
of the Congressional Record for September 21, 1976), and for educa-
with the parties concerned, the Commission adopted these guidelines
tional uses of music appearing at pp. 70-71 of the House report, as
as fair and workable and with the hope that the conferees on S. 22
amended in the statement appearing at p. H 10875 of the Congres-
may find that they merit inclusion in the conference report. The letters
sional Record of September 22, 1976. The conferees also endorse the
add that, although time did not permit securing signatures of the rep-
statement concerning the meaning of the word "teacher" in the guide-
resentatives of the principal library organizations or of the organiza-
lines for books and periodicals, and the application of fair use in the
tions representing publishers and authors on these guidelines, the
case of use of television programs within the confines of a nonprofit
Commission had received oral assurances from these representatives
educational institution for the deaf and hearing impaired, both of
that the guidelines are acceptable to their organizations.
which appear on p. H 10875 of the Congressional Record of Septem-
The conference committee understands that the guidelines are not
ber 22, 1976.
intended as, and cannot be considered, explicit rules or directions gov-
erning any and all cases, now or in the future. It is recognized that
REPRODUCTION BY LIBRARIES AND ARCHIVES
their purpose is to provide guidance in the most commonly-encoun-
tered interlibrary photocopying situations, that they are not intended
Senate bill
to be limiting or determinative in themselves or with respect to other
Section 108 of the Senate bill dealt with a variety of situations
situations, and that they deal with an evolving situation that will
involving photocopying and other forms of reproduction by libraries
undoubtedly require their continuous reevaluation and adjustment.
and archives. It specified the conditions under which single copies
With these qualifications, the conference committee agrees that the
73
72
guidelines specifically shall not apply, directly or indirectly, to
guidelines are a reasonable interpretation of the proviso of section
any request of a requesting entity for a copy or copies of an article
(g) (2) in the most common situations to which they apply today.
or articles published in any issue of a periodical, the publication
The text of the guidelines follows:
date of which is more than five years prior to the date when the
request is made. These guidelines do not define the meaning, with
PHOTOCOPYING-INTERLIBRARY ARRANGEMENTS
respect to such a request, of " such aggregate quantities as to
substitute for a subscription to [such periodical]".
INTRODUCTION
(b) With respect to any other material described in subsection
Subsection 108 (g) (2) of the bill deals, among other things, with
(d), (including fiction and poetry), filled requests of a request-
limits on interlibrary arrangements for photocopying. It prohibits
ing entity within any calendar year for a total of six or more
systematic photocopying of copyrighted materials but permits inter-
copies or phonorecords of or from any given work (including a
library arrangements "that do not have, as their purpose or effect, that
collective work) during the entire period when such material shall
the library or archives receiving such copies or phonorecords for dis-
be protected by copyright.
tribution does SO in such aggregate quantities as to substitute for a
2. In the event that a requesting entity-
subscription to or purchase of such work."
(a) shall have in force or shall have entered an order for a
The National Commission on New Technological Uses of Copy-
subscription to a periodical, or
righted Works offered its good offices to the House and Senate sub-
(b) has within its collection, or shall have entered an order
committees in bringing the interested parties together to see if
for, a copy or phonorecord of any other copyrighted work,
agreement could be reached on what a realistic definition would be
material from either category of which it desires to obtain by copy
of "such aggregate quantities." The Commission consulted with the
from another library or archives (the "supplying entity"), because the
parties and suggested the interpretation which follows, on which there
material to be copied is not reasonably available for use by the request-
has been substantial agreement by the principal library, publisher,
ing entity itself, then the fulfillment of such request shall be treated
and author organizations. The Commission considers the guidelines
as though the requesting entity made such copy from its own collec-
which follow to be a workable and fair interpretation of the intent of
tion. A library or archives may request a copy or phonorecord from a
the proviso portion of subsection 108 (g) (2).
supplying entity only under those circumstances where the requesting
These guidelines are intended to provide guidance in the application
entity would have been able, under the other provisions of section 108,
of section 108 to the most frequently encountered interlibrary case:
to supply such copy from materials in its own collection.
a library's obtaining from another library, in lieu of interlibrary loan,
3. No request for a copy or phonorecord of any material to which
copies of articles from relatively recent issues of periodicals-those
these guidelines apply may be fulfilled by the supplying entity unless
published within five years prior to the date of the request. The guide-
such request is accompanied by a representation by the requesting
lines do not specify what aggregate quantity of copies of an article or
entity that the request was made in conformity with these guidelines.
articles published in a periodical, the issue date of which is more than
4. The requesting entity shall maintain records of all requests made
five years prior to the date when the request for the copy thereof is
by it for copies or phonorecords of any materials to which these guide-
made, constitutes a substitute for a subscription to such periodical.
lines apply and shall maintain records of the fulfillment of such
The meaning of the proviso to subsection 108(g) (2) in such case is
requests, which records shall be retained until the end of the third
left to future interpretation.
complete calendar year after the end of the calendar year in which
The point has been made that the present practice on interlibrary
the respective request shall have been made.
loans and use of photocopies in lieu of loans may be supplemented or
5. As part of the review provided for in subsection 108(i), these
even largely replaced by a system in which one or more agences or
guidelines shall be reviewed not later than five years from the effective
institutions, public or private, exist for the specific purpose of provid-
date of this bill.
ing a central source for photocopies. Of course, these guidelines would
The conference committee is aware that an issue has arisen as to the
not apply to such a situation.
meaning of the phrase "audiovisual news program" in section 108
(f) (3). The conferees believe that, under the provision as adopted in
GUIDELINES FOR THE PROVISO OF SUBSECTION 108 (G) (2)
the conference substitute, a library or archives qualifying under sec-
tion 108 (a) would be free, without regard to the archival activities of
1. As used in the proviso of subsection (2), the words "
the Library of Congress or any other organization, to reproduce, on
such aggregate quantities as to substitute for a subscription to or pur-
videotape or any other medium of fixation or reproduction, local,
chase of such work" shall mean:
regional, or network newscasts, interviews concerning current news
(a) with respect to any given periodical (as opposed to any
events, and on-the-spot coverage of news events, and to distribute a
given issue of a periodical), filled requests of a library or archives
limited number of reproductions of such a program on a loan basis.
(a "requesting entity") within any calendar year for a total of
Another point of interpretation involves the meaning of "indirect
six or more copies of an article or articles published in such
commercial advantage," as used in section 108(a) (1), in the case of
periodical within five years prior to the date of the request. These
74
75
libraries or archival collections within industrial, profit-making, or
authorization, but only for a single performance of a dramatic work
proprietary institutions. As long as the library or archives meets the
published at least ten years earlier.
criteria in section 108(a) and the other requirements of the section,
With respect to section 110(5), the conference substitute conforms
including the prohibitions against multiple and systematic copying
to the language in the Senate bill. It is the intent of the conferees that
in subsection (g), the conferees consider that the isolated, spontaneous
a small commercial establishment of the type involved in Twentieth
making of single photocopies by a library or archives in a for-profit
Century Music Corp. V. Aiken, 422 U.S. 151 (1975), which merely
organization without any commercial motivation, or participation by
augmented a home-type receiver and which was not of sufficient size
such a library or archives in interlibrary arrangements, would come
to justify, as a practical matter, a subscription to a commercial back-
within the scope of section 108.
ground music service, would be exempt. However, where the public
communication was by means of something other than a home-type
LIMITATIONS ON RIGHTS OF PERFORMANCE AND DISPLAY
receiving apparatus, or where the establishment actually makes a
further transmission to the public, the exemption would not apply.
Senate bill
Section 110 of the Senate bill set forth eight specific exceptions to
SECONDARY TRANSMISSIONS, INCLUDING CABLE TELEVISION
the exclusive rights to perform and display copyrighted works. The
first four exceptions were roughly the equivalent of the "for profit"
Senate bill
limitations on performing rights under the present law. Section 110(5)
Section 111 of the Senate bill dealt, among other secondary trans-
provided an exemption for public communication of a transmission
missions, with retransmissions of broadcasts by cable systems to sub-
received on an ordinary receiving set unless a direct charge is made
scribers. In general effect, it created a compulsory license for any cable
or the transmission "is further transmitted to the public." Section
retransmission authorized by the Federal Communications Commis-
110(6) exempted performances of nondramatic music at nonprofit
sion; where the cable system repeatedly or willfully carried signals
annual agricultural or horticultural fairs, and section 110(7) dealt
not permitted by the FCC, or where it failed to follow the compulsory
with performances in connection with the retail sale of copies or
licensing procedure set forth in section 111, the cable system was to
records of musical works. Clause (8) of section 110 provided an
be fully liable. Full liability would have been imposed on the carriage
exemption for performances of literary works "in the course of a
of any foreign, including Mexican or Canadian, signals. The Senate
broadcast service specifically designed for broadcast on noncommer-
bill required cable systems to file quarterly statements of account, ac-
cial educational radio and television stations to a print or aural handi-
companied by payment of a royalty fee based on a sliding scale of
capped audience," but did not contain, in section 112 or elsewhere, a
percentages of gross receipts from subscribers (running from 1/2 of
provision allowing the making of copies or phonorecords for the pur-
one percent of quarterly receipts up to $40,000 to 21/2 percent of
pose of such broadcasts to the blind or deaf.
quarterly receipts up to $160,000). A special reduced fee was provided
House bill
for systems with quarterly gross receipts of less than $40,000. For
The House bill amended the last four clauses of section 110. With
purposes of computing royalty fees, no distinctions were made be-
respect to clause (5), it made the exemption inapplicable to cases
tween retransmissions of local and distant signals or between network
where there is a further transmission "beyond the place where the
and other signals.
receiving apparatus is located." Clause (6) was amended to make the
Taping for nonsimultaneous transmission of broadcasts was per-
exemption applicable only to the governmental body or nonprofit
mitted under a compulsory license for cable systems operating in cer-
organization sponsoring the fair, and the amendment of clause (7)
tain areas outside the continental boundaries of the United States.
was merely for purposes of clarification. The House bill amended
The Senate bill contained no provisions dealing with alteration of
clause (8) by limiting its application to nondramatic literary works,
program content or substitution of commercials by a cable operator.
by clarifying the audiences to which the transmissions are directed,
Section 501 (c) gave a local broadcaster holding an exclusive license
and by more narrowly defining the types of nonprofit transmissions
standing to sue for copyright infringement for cable retransmissions
within the exemptions. The House bill also added a new subsection
within its local service area. Under chapter 8 of the Senate bill, the
(d) to section 112 to permit the making of ten recordings of per-
Copyright Royalty Tribunal was mandated to review the royalty
formances exempted under section 110(8), their retention for an
schedule, established in section 111, and its basis, in 1980 and at ten-
unlimited period, and their exchange with other nonprofit
year intervals thereafter.
organizations.
House bill
Conference substitute
In addition to certain amendments aimed at clarification and pro-
The conference substitute adopts the House amendments of clauses
cedural simplification, the House bill retained the basic compulsory
(6), (7), and (8) of section 110, and of section 112. It adds a new
licensing scheme envisioned in section 111 but changed it in a num-
clause (9) to section 110 exempting nonprofit performances of drama-
ber of important respects. The compulsory license was extended to
tic works transmitted to audiences of the blind by radio subcarrier
some, but not all, cable systems carrying Mexican or Canadian signals.
Payments of royalty fees, which were to be semiannual, were deter-
76
77
mined by a formula based on a computation of the number of "distant
mendations as to whether copyright protection for sound recordings
signal equivalents" carried by the system. No payments were to be
should be expanded to include performing rights.
made for local signals, and different values were assigned to signals
Conference substitute
from distant independent, network, and educational stations, with
The conference substitute adopts the House amendments of sec-
special provisions dealing with substitution or addition of signals
tion 114.
under the mandatory and discretionary program deletion and substi-
COMPULSORY LICENSE FOR PHONORECORDS
tution rules of the FCC. The special reduced royalty fee based on a per-
Senate bill
centage of gross receipts for systems with semiannual gross receipts of
less than $80,000 was retained, but a similar reduction was added for
The Senate bill provided in section 115 for a compulsory licensing
systems with semiannual gross receipts of between $80,000 and
system governing the making and distributing of phonorecords of
$160,000.
copyrighted musical compositions. In general, subject to certain con-
Section 111 (e) of the House bill established the conditions and
ditions and limitations, as soon as authorized phonorecords of a work
limitations under which certain cable systems outside the continental
have been publicly distributed, anyone could make phonorecords and
United States can tape programs for nonsimultaneous retransmission
distribute them to the public by following a compulsory licensing
under the compulsory license. The House bill also contained, in sec-
procedure and paying to the copyright owner a specified royalty.
tions 111 (c) (3), (d), and 509, provisions denying (with one ex-
Under the Senate bill, the royalty would be payable on each record
ception) the compulsory license in any case where a cable system
"manufactured and distributed," and would amount to two and one-
alters program content or commercials, extending standing to sue
half cents per composition, or one-half cent per minute of playing
to additional classes of broadcasters, and providing the possibility
time, whichever is larger.
of a special penalty in such cases. Under the substantially revised
House bill
provisions of chapter 8 of the House bill, the Copyright Royalty
In addition to certain technical clarifications and procedural amend-
Commission would review the rates established in the bill in 1980 and
ments, the House bill set the royalty at two and three-fourths cents
at five-year intervals thereafter; explicit limitations were placed on
per composition or six-tenths of a cent per minute; the royalty was
the factors the Commission could consider in making its periodic rate
made payable on each phonorecord "made and distributed," and a
revisions, but rate adjustments could be made at any time if the FCC
phonorecord would be considered "distributed" if the compulsory
amends its rules and regulations governing the carriage of distant
licensee has "voluntarily and permanently parted with its possession."
signals or its rules and regulations dealing with syndicated and sports
Conference substitute
program exclusivity.
The conference substitute adopts the House amendments except
Conference substitute
for the royalty rate to be applied in cases where the playing time of
With one exception the conference substitute adopts the provisions
a composition governs; the rate in such cases is set at one-half cent
of the House bill. Section 111 (d) (3) is amended to require that the
per minute, the rate in the Senate bill.
royalty fees held in a fund by the Secretary of the Treasury be
invested in interest-bearing U.S. securities for later distribution with
NONCOMMERCIAL BROADCASTING
interest by the Tribunal. A corresponding amendment is made in sub-
Senate bill
section (c) (1) of section 116, the jukebox provision.
Section 118 of the Senate bill granted to public broadcasting a com-
pulsory license for the performance or display of nondramatic musical
EXCLUSIVE RIGHTS IN SOUND RECORDINGS
works, pictorial, graphic, and sculptural works, and nondramatic
Senate bill
literary works, subject to the payment of reasonable royalty fees to
The Senate bill, in section 114, limited the exclusive rights of the
be set by the Copyright Royalty Tribunal. The Senate bill required
owner of copyright in a sound recording to those specified by clauses
that public broadcasters, at periodic intervals, file a notice with the
(1), (2), and (3) of section 106-that is, the rights to reproduce the
Copyright Office containing information required by the Register
work in phonorecords, to make derivative works, and to distribute
of Copyrights, and deposit a statement of account and the total
phonorecords. It expressly denied the exclusive right of public per-
royalty fees for the period covered by the statement. The Register
formance under section 106 to sound recordings.
was to receive claims to payment of royalty fees, and to distribute
House bill
any amounts not in dispute; controversies were to be settled by the
The House amendments to section 114 clarified the scope of the
Tribunal, which was also charged with reviewing and, if appropriate,
exclusive right to make derivative works in relation to sound record-
adjusting the royalty rates in 1980 and at ten year intervals there-
ings, and permitted the use of copyrighted sound recordings in the
after. Sec. 113 of the Transitional and Supplementary provisions
audio portions of educational radio and television programs under
would start the machinery for establishment of the initial rates im-
certain conditions. The House bill also required the Register of Copy-
mediately upon enactment of the new law. Section (f) also con-
rights to submit to Congress, on January 3, 1978, a report with recom-
tained a provision permitting nonprofit educational institutions to
79
78
House bill
record educational television and radio programs off the air, for
limited use in instructional activities during a week following the
The House bill deleted the clause of section 301 (b) (3) enumerating
broadcast.
illustrative examples of causes of action, such as certain types of mis-
appropriation, not preempted under section 301. It revised the provi-
House bill
sion dealing with sound recordings fixed before February 15, 1972 to
The House bill substantially changed the provisions of section 118,
make the Federal preemption of rights in such works effective on
retaining a different form of compulsory licensing for the use in public
February 15, 2047.
broadcasting of nondramatic musical works and for pictorial, graphic,
and sculptural works, but not subjecting the exclusive rights in non-
Conference substitute
dramatic literary works to compulsory licensing. Under the House
The conference substitute adopts the House amendment of section
bill, within thirty days after appointment of the Royalty Commission,
301.
the chairman was to initiate proceedings to determine "reasonable
DEPOSIT OF RADIO AND TELEVISION PROGRAMS
terms and rates" under the section for a period running through 1982.
Senate bill
Copyright owners and public broadcasting entities that did not reach
The Senate bill contained no provisions for the deposit of unpub-
voluntary agreement were to be by the terms and rates established
lished transmission programs, or for the preservation of published
by the Commission.
and unpublished programs in a Federal archive.
In establishing those rates and terms, the Commission was to con-
House bill
sider, among other relevant information, proposals put forward to it
within specified time limits. The House bill deleted Sec. 113 of the
The House bill amended section 407 to provide a basis for the Li-
Transitional and Supplementary Provisions of the Act, but provided
brary of Congress to acquire, as a part of the copyright deposit
in section 118 (b) (4) that, during the period between the effective date
system, copies or recordings of nonsyndicated radio and television
of the Act and publication of the initial rates and terms, the status quo
programs. Under section 407 (e) the Library would be authorized to
as to liability under the present law would be preserved. Payment of
tape programs off the air in all cases, and could under certain con-
royalties under section 118 were to be handled among the parties with-
ditions obtain a copy or phonorecord from the copyright owner by
out government intervention. The royalty review cycle would begin in
gift, by loan for purposes of reproduction, or by purchase at cost.
1982 and continue at five-year intervals thereafter. Section 118 (d) (3)
A correlative provision in Sec. 113 of the bill's Transitional and Sup-
retained the provision permitting off-the-air taping of public broad-
plementary Provisions established an American Television and Radio
casts by educational institutions, but with amendments clarifying and
Archive in the Library of Congress to provide a repository for the
tightening the provision.
preservation of radio and television programs.
Although nondramatic literary works were not included in the com-
Conference substitute
pulsory licensing scheme of section 118, subsection (e) provided an
exemption from the antitrust laws with respect to voluntary negotia-
The conference substitute adopts the House amendments.
tions aimed at licensing agreements for the public broadcasting of
REMEDIES FOR COPYRIGHT INFRINGEMENT
such works. The subsection also required the Register of Copyrights,
Senate bill
on January 3, 1980, to report upon the extent to which such voluntary
agreements had been achieved, the problems that had arisen, and any
Chapter 5 of the Senate bill dealt with civil and criminal infringe-
recommendations for legislation that might be appropriate.
ment of copyright and the remedies for both. Subsection (c) of sec-
tion 504 allowed statutory damages within a stated dollar range, and
Conference substitute
clause (2) of that subsection provided for situations in which the
The conference substitute adopts the House amendments.
maximum could be exceeded and the minimum lowered; the court
was given discretion to reduce or remit statutory damages entirely
SCOPE OF FEDERAL PREEMPTION
where a teacher, librarian, or archivist believed that the infringing
Senate bill
activity constituted fair use. Section 506 provided penalties for crim-
In establishing a single Federal system of copyright, section 301 of
inal infringement of a fine of up to $2,500 and imprisonment of up
the Senate bill preempts all equivalent rights under State law in
to one year for a first offense, with higher penalties for recidivism,
copyrightable works that have been fixed in tangible form. In stating
special penalties for record and film piracy, and provision for for-
the obverse of this proposition, section 301 (b) (3) preserved rights
feiture and destruction upon conviction. Section 509 of the Senate
under State law with respect to activities violating rights that are not
bill contained expanded provisions dealing with seizure and for-
equivalent to any of the exclusive rights within the general scope of
feiture in cases of criminal copyright infringement. Sec. 111 of the
copyright, "including rights against misappropriation not equivalent
Transitional and Supplementary Provisions amended the provisions
to any of such exclusive rights, breaches of contract, breaches of
of the Criminal Code dealing with counterfeit phonograph record
trust,
[etc.]." The Senate bill specifically excepted from the pre-
labels (18 U.S.C. § 2318) to provide higher criminal penalties and
emption "sound recordings fixed prior to February 15, 1972."
to make the seizure and forfeiture provisions of section 509 of the
new copyright law applicable in such cases.
80
81
House bill
barriers to Canadian printed matter. The Canadian exemption is
Section 504(c) (2) of the House bill required the court to remit
included in Section 601 with the expectation that these changes will be
statutory damages entirely in cases where a teacher, librarian, ar-
made. If for any reason Canadian trade groups and the Canadian
chivist, or public broadcaster, or the institution to which they belong,
Government do not move promptly in reciprocation with U.S. trade
infringed in the honest belief that what they were doing constituted
groups and the United States Government to remove such tariff and
fair use. The general and special penalties provided by section 506 (a)
other trade barriers, we would expect Congress to remove the
were changed, with the maximum terms of imprisonment being de-
Canadian exemption.
creased. Section 509 of the Senate bill was deleted, and section
COPYRIGHT OFFICE
Senate bill
was expanded to incorporate some, but not all, of the provisions on
seizure and forfeiture previously in section 509. Conforming changes
Chapter 7 of the Senate bill dealt with the administrative respon-
were made in the amendments to the Criminal Code provided by
sibilities of the Copyright Office. It contained no provision dealing
Sec. 111.
with the applicability of the Administrative Procedure Act to the
Copyright Office.
Conference substitute
The conference substitute adopts the House amendments with re-
House bill
spect to statutory damages in section 504 (2) and the fines and terms
The House bill made the Administrative Procedure Act applicable
of imprisonment provided by section 506 (a) and Sec. 111. With re-
to the Copyright Office with one exception, and adopted several tech-
spect to the provisions on seizure and forfeiture, the conference sub-
nical amendments dealing with administrative matters in chapter 7.
stitute adopts the Senate bill with certain modifications.
Conference substitute
The conference substitute adopts the House amendments.
MANUFACTURING REQUIREMENTS
Senate bill
COPYRIGHT ROYALTY TRIBUNAL
The Senate bill retained the manufacturing clause of the present
Senate bill
law, but substantially narrowed its scope and ameliorated its effect.
Chapter 8 of the Senate bill established a Copyright Royalty Tri-
Nondramatic literary material by American authors would, as a gen-
bunal in the Library of Congress, for the purpose of periodically re-
eral rule, be required to be manufactured in the United States or
Canada to be entitled to full and unqualified copyright protection in
viewing and adjusting statutory royalty rates with respect to the four
the United States, but the requirement would be subject to a number
compulsory licenses provided by the bill, and of resolving disputes over
of exceptions and limitations, and the sanctions for enforcement in-
the distribution of royalties from cable transmissions and jukebox
volved import restrictions and loss of remedies rather than loss of
performances. Upon certifying the existence of a controversy concern-
ing distribution of statutory royalty fees, or upon periodic petition for
copyright.
review of statutory royalty rates by an interested party, the Register
House bill
of Copyrights was to convene a three-member panel to constitute a
The House bill adopted section 601 of the Senate bill, with an
Copyright Royalty Tribunal to resolve the controversy or review the
amendment further ameliorating its effect on individual American
rates. Determinations by the Tribunal were to be submitted to the two
authors whose works are first published abroad. However, the require-
Houses of Congress, and were to be final unless voted upon and rejected
ment would be retained only through the end of 1980, and would cease
by one of the two Houses within a specified period, Rate adjustments
to apply on January 1, 1981.
were not subject to judicial review, and the grounds for judicial review
Conference substitute
of royalty distributions were limited to misconduct or corruption of a
Tribunal member.
The conference substitute adopts the House amendments of section
601, but moves the effective date of the phase-out of the manufac-
House bill
turing clause back to July 1, 1982.
The House bill amended chapter 8 to provide for a permanent three-
Canada is specifically exempted from the provisions of Section 601,
member Copyright Royalty Commission, which was to be an independ-
the so-called manufacturing clause' of the Bill, at least until 1982.
ent body but would receive administrative support from the Library
This exemption is included as a result of an agreement reached in
of Congress. The commissioners were to be appointed by the President
Toronto in 1968 among representatives of American and Canadian
for staggered five-year terms, and the Commission's proceedings were
publishers, printing trade unions, and book manufacturers. Upon
made generally subject to the Administrative Procedure Act. Any final
addition of the Canadian exemption in American legislation, that
determinations of the Commission would be reviewable by the U.S.
agreement contemplates Canadian adoption of the Florence Agree-
Court of Appeals on the basis of the record before the Commission.
ment and prompt joint action to remove high Canadian tariffs on
Under sections 111, 116, and chapter 8 of the House bill, the Register
printed matter and the removal of other Canadian restraints on print-
of Copyrights was to perform the recording functions and do the
ing and publishing trade between the two countries, as well as
paperwork and initial accounting connected with the compulsory li-
reciprocal prompt action by U.S. groups to remove any remaining U.S.
censing procedures established for cable transmissions and jukebox
82
performances. However, after the Register had deducted the costs in-
volved in these procedures and deposited the royalties in the U.S.
Treasury, the Commission would assume all duties involved in distrib-
uting the royalties, regardless of whether or not there were a dispute.
Conference substitute
The conference substitute conforms in general to the House bill, but
with several changes. The body established by chapter 8 is to be named
the Copyright Royalty Tribunal, and is to consist of five commissioners
appointed for staggered seven-year terms by the President with the
advice and consent of the Senate. The Tribunal is to be an independent
agency in the legislative branch; a new section defines the respon-
sibilities of the Library of Congress to provide administrative support
to the Tribunal, and establishes specific regulatory authority govern-
ing the procedures and responsibilities for disbursement of funds. The
House receded on its language appearing in the last sentence of sec-
tion 801 (b) (1), and the conference agreed to a substitute for that
language.
ORNAMENTAL DESIGNS OF USEFUL ARTICLES AND WORKS OF APPLIED ART
Senate bill
Title II of the Senate bill proposed to establish a new form of pro-
tection for "original ornamental designs of useful articles." The title,
which consisted of 35 sections, offered a limited short-term form of
protection for designs. This protection was based on copyright prin-
ciples but was provided separately from the copyright law itself.
H ouse amendment
The House amendment deleted title II of the bill entirely, together
with two subsections of section 113 dealing with the interrelationship
between titles I and II. It revised the definition of "pictorial, graphic,
and sculptural works" in section 101 to clarify the distinction between
works of applied art subject to protection under the bill and industrial
designs not subject to copyright protection.
Conference substitute
The conference substitute adopts the House amendments.
ROBERT W. KASTENMEIER,
GEORGE E. DANIELSON,
ROBERT F. DRINAN,
HERMAN BADILLO,
EDWARD W. PATTISON,
ToM RAILSBACK,
CHARLES E. WIGGINS,
M anagers on the Part of the H ouse.
JOHN L. McCLELLAN,
PHILIP A. Hart,
QUENTIN N. BURDICK,
HUGH SCOTT,
HIRAM L. FONG,
M anagers on the Part of the Senate.
Calendar No. 460
94TH CONGRESS
SENATE
REPORT
1st Session
No. 94-473
COPYRIGHT LAW REVISION
NOVEMBER 20 (legislative day, NOVEMBER 18), 1975.-Ordered to be printed
Mr. McCLELLAN, from the Committee on the Judiciary,
submitted the following
REPORT
together with
ADDITIONAL VIEWS
[To accompany S. 22]
The Committee on the Judiciary, to which was referred the bill
(S. 22) for the general revision of the copyright law, title 17 of the
United States Code, and for other purposes, having considered the
same, reports favorably thereon, with an amendment in the nature of
a substitute, and recommends that the bill as amended do pass.
Strike all after the enacting cause and insert in lieu thereof the
following:
TITLE I-GENERAL REVISION OF COPYRIGHT LAW
SEC. 101. Title 17 of the United States Code, entitled "Copyrights", is hereby
amended in its entirety to read as follows:
TITLE 17-COPYRIGHTS
Chapter
1. Subject Matter and Scope of Copyright
101
2. Copyright Ownership and Transfer
201
3. Duration of Copyright
301
4. Copyright Notice, Deposit, and Registration
401
5. Copyright Infringement and Remedies
501
6. Manufacturing Requirement and Importation
601
7. Copright Office
701
8. Copyright Royalty Tribunal
801
(1)
This lengthy publication was not digitized. Please contact the Gerald R. Ford
Presidential Library or the government documents department of a local library to
obtain a copy of this item.