ifif‘ ?§1b3(;E}{ LC I /2 _ Q?‘ 1?} .5-7,. 75”‘)? 5- M '7'.‘ ' , "V -27 M15 ‘V-2 ;- I B 7 2'3, r 53 .R.r'3t_§{‘?{ W*5”i3io:1 Unévarsitv Hf’ W” . _ _J_ h:‘_/_, , «—._._ E‘: 3. «.1?-:.=r:..v:=.'.. ..._. .,-. . ~»-- E - 4.»: ' ‘. ‘ ’ _, .- .- '5' ‘:21-_‘-»v/‘“" ,-. rk —., 131 3-7 -" A‘ 1' ‘ ' 2? " f~' -‘ -‘A , t I . W,‘ ' «-5, . ‘- -« 3 Xi"? T‘, v.) .'v .'\;"' 1‘? Y L‘, 5“ \"A‘ Ts 3 ‘ ' " ‘ ‘ '‘L:J—3 -- *3- ‘. ’ ‘f ‘,v * ,1;-_—_~‘ -L’. . ‘ ,, .- .. 1' T’ ‘V .. «, V! ._ I 1‘; 2': . ‘z ‘r . "- i . H. ‘ .3’ ~’a . .‘ 9 F . V " ‘Vi V; ~ 513x .3 s‘~=***~»‘~' i . A x’ J- V‘Vxv.'. Ki. 7 ‘$8 . ,—_-\ . Va ‘,7 xjl ‘F X‘: f3 '17? V73"! ' pf: D4 ‘~‘;‘.:',_~:_ "'1-;"'—', ' V I‘ I Ix '3:..s;!=' Lia-.r.« Q; E . 3: {ha 0 ;ESEARCH SERVICE nmnii ol Mniciflmuu I1 vers l'l0lL1i(f§l_I7!1iII”iifl5i7'jj1II7 0386 39 CONGRESS‘ 6 COPYRIGHT LAW REVISION (ARCHIVED--O&/28/80) ISSUE BRIEF NUMBER IB7fl117 AUTHOR: Bchols, Guy C. Paralegal Specialist, Copyright Office, Library of Congress THE LIBRARY OF CONGRESS CONGRESSIONAL RESEARCH SERVICE MAJOR ISSUES SYSTEM DATE ORIGINATED 19119113 DATE UPDATED 9_6g11g§9_ FOR ADDITIONAL INFORMATION CALL 287-5700 0828 CRS- 1 IB74117 UPDATE-O6/11/80 _ T§§UE-2.1El’.lE._I..'12I.Qfl For more than 20 years, Congress has been attempting to modernize the current U.S. copyright law, enacted in 1909. Recent technological developments such as improved photocopying procedures, increased utilization of computers for storage of information, and publication and the development of cable television have highlighted the increasing inadequacies of the current copyright law. A much-amended general copyright revision hill, 5. 22, finally received approval by both Houses during the closing days of the 94th Congress. It was signed by President Ford on Oct. 19, 1976, and became effective on Jan. 1, 1978. The new law 'seeks to reconcile conflicting interests of creators, users, and the public, and to devise a modern statute that will encourage creativity while recognizing the interests of the public. On Sept. 26, 1977, President Carter named five commissioners to the Copyright Royalty Tribunal. The nominations were confirmed by the Senate on Oct. 26, 1977, and the Tribunal has already begun to hold a series of background meetings with representatives of the various industries that will be affected by their legislative mandate ttxreview and distribute royalties. The National Commission on New Technological Users of Copyrighted Works was granted an extension of seven months in which to file a final report relative to possible legislation for granting copyright protection to new technologies. The report was submitted on July 31, 1978- ' Under the new copyright law, both unpublished and published material will receive statutory copyright protection from the moment of creation. The term of such statutory protection will be the life of the author, plus 50 years. Works made for hire will receive a term of protection of 75 years. Works already in their first term of copyright on Jan. 1, 1978, will still have to be renewed, but the renewal will be for 47 years. Works in their second term of copyright on the effective date are to be extended for a period of 75 years from the date the copyright was first.secured. Limited exemptions are provided for the photocopying or recording of copyrighted materials by libraries and educators. Guidelines for photocopying in inter-library arrangements have been established by the National Commission on New Technological Uses of Copyrighted Works. Though the U.S. Supreme Court had held in Telepgegpgeg v. gelegeie -ggeegee§gigg_§y§eem§L_;nee (415 U.S. 394)» and earlier cases that cable television systems were not required to pay royalties for transmitting copyrighted programs, the new copyright law provides for the paymet of -copyright royalties based .essentially on the number of distant signals carried. This compulsory licensing system is also extended to some cable systems carrying Mexican and Canadian signals in the United States. Conditions also are set forth under the<:ompulsory license whereby certain catle systems outside the continential United States may be permitted to tape pr Jrams for nonsimultaneous transmission. Performances of copyrighted works by public broadcasting entities are also brought under copyright. However, in the case of public broadcasts of CRS- 2 IB74117 UPDATE—06/11/80 published nondramatic musical works and published pictorial, graphic, and sculptural works, a compulsory license mechanism is available if voluntary licenses cannot be negotiated. The copyright law enacted in 1909 did ncm require jukebox operators to pay royalties for the performance of music on their coin-operated machines. Under the new copyright law, each operator is required to pay an annual license fee of $8.00 per box, to be distributed equitably among the copyright proprietors by the newly established Copyright Royalty Tribunal. Concerning the compulsory license or mechanical royalty on phonograph records first provided for in the 1909 copyright law, the rate was increased from 2 cents per side to 2-3/u cents per work or 1/2 cent per miniute of playing time, and based on the number of recordings made and distributed. A Copyright Royalty Tribunal is established for the purpose of reviewing periodically and adjusting the statutory royalty rates provided for under the four compulsory licenses - mechnical, cable, jukebox and public broadcasting. The five-member tribunal also has jurisdiction over the disputes which may arise from distribution of the royalties collected under the cable and jukebox licenses. The former “manufacturing clause,“ which required works by United States citizens to be printed in the United States, has been enlarged to include possible manufacture in Canada. This restriction, however, will be completely phased out by July 1, 1982. Title II, as incorporated in the Senate version of S. 22, would have created a new limited protection for "original" rather than "novel" design of useful articles. The provisions, however, left unanswered two questions. '(1) which Government agency should administer this new design protection? (2) would typeface designs be protected under the new system? Accordingly, Title II was deleted from the legislation by the House Judiciary Committee with the recommendation that a new bill on the subject be considered during the first session of the next Congress. The National Technical Information Service, during the hearings on H.R. 2223 before the House Subcommittee, requested a special 5-year term of copyright protection for their publications. Though Government pub1ications are not copyrightable under Sec. 105 of the copyright law, NTIS reported that there was widespread copying of their particular publications in foreign countries. Since they are required by law to be self-sustaining to the fullest extent feasible, they requested copyright protection in order to prevent continued duplication abroad without reimbursement for U.S. tax—funded research and technical development. Since the Senate had not, had a chance to hold hearings on this matter, the Senate conferees asked that hearings on the problem be scheduled early in the first session of the 95th Congress. Legislation designed to provide for the payment of royalties to recording artists and record manufacturers for the cmnmercial use of their recordings by broadcasters and jukebox operators has been an integral part .of the copyright revision bills introduced in prior Congresses. In the 9flth Congress, however, separate bills, S. 1111 (Hugh Scott), H.R. 5345, H.E 7059, and H.R. 7750 (Danielson), and H.R. 8015« (Mitchell) were introduced. Though a hearing on S. 1111 was held in the Senate in July 1975, no provision for performance royalties was included in the final copyright revision bill. The register of copyrights in Sec. 11fl(d) is directed, nonetheless, to file a cns- 3 IB7u117 UPDATE-06/11/80 report with Congress on Jan. 3, 1978, containing information on the status of such rights in foreign countries, the views:of interested persons with regard to the feasibility of providing for a performance royalty and making _ recommendations for possible amendatory legislation. Policy questions that have evolved from the current copyright revision A legislation are: (1) Should a limited period of protection be given "original" designs of useful articles? If so, what Government agency should be responsible for administering the system? Should new typeface designs be given such protection? (2) Should NTIS publications by copyrightable even though they may be Government publications? (3) Should performing artists and sound recording producers be rewarded for their more popular renditions and musical arrangements by receiving a royalty based upon the number of times their recorded rendition is played commercially? P.L. 9H-553 (S. 22) provided for a general revision of the Copyright Law, title 17 of the United States Code. S. 22 passed the Senate, with amendments, on Feb. 19, 1976, by a vote of 97 to 0. Amendments 1353 (Tunney) would have reduced the interval for periodic review of royalty rates by the Copyright Royalty Tribunal from 10 to 7 years- The amendment was defeated by a vote of 28 to 23 on Feb. 16, 1976. Amendment 1383 (Humphrey) would have A eliminated the literary, pictorial, graphic'or sculptural categories from the compulsory license provisions for public broadcasting organizations contained f Sec. 118. The amendment was modified bum tabled by a vote of 61 to 22. Amendment 1395 (Hollings) would have fixed the jukebox royalty at i$8.00 per year, but was defeated. Amendment 1397 (Tunney), reducing the periodic review of royalty rates by the Copyright Royalty Tribunal to 8 years, was defeated. Amendment 1402 (Hathaway) to determine copyright liability (of certain CATV systems on a computed rather than on a gross annual income base was adopted. The House Committee on the Judiciary reported their version of S. 22 (H.Rept. 9n-1u75) on Sept. 3, 1976. H.Res. 1550, introduced Sept. 15, 1976, by the House Committee on Rules, permitted placing S. 22 on the calendar; it was passed by the House on Sept. 22, 1976, and sent to the conference committee. The conference report was filed Sept. 29, 1976 (H.Rept. 94-1733), and was accepted by both Houses on Sept. 30, 1976. President Ford signed the bill on Oct. 19, 1976. During the 95th Congress, five bills were introduced to amend the Copyright Act of 1976. H.R. 6063, introduced by Rep. Danielson on Apr. 5, 1977, and referred to the Committee on the Judiciary, would have provided for -a performance right in sound recordings. Hearings were held on H.R. 6063 on May 24, 1978, before the House Judiciary Subcommittee on Courts, Civil Liberties, and the Administration of Justice. On Jan. 3, 1978, the Copyright Office submitted to Congress, pursuant to section 11u(d) of the newly revised copyright law (P.L.- 94-533), a, report entitled "Performance Rights in Sound Recordings." This report was subsequently published as Committee Print No. 95-15, by the House Judiciary Su..ommittee on Courts, Civil Liberties, and the Administration of Justice. H.R. 8098 was introduced by Reps. Spellman and Fraser on June 29, 1977, and would have removed certain limitations pertaining to the transmission of CBS‘ 4 IB7fl117 UPDATE-06/11/80¢ performances of dramatic literary works designed specifically for blind or other handicapped persons. Another bill, H.R. 8261, was introduced by Rep. Drinan on July 13, 1977, to provide a moral right to the author or his legal representative for the entire term of the copyright. H.R. .14293 we introduced on Oct. 12, 1978, by Reps. Edwards, Mineta, and Mccloskey to include pictorial, graphic, sculptural works and photographic masks used to imprint patterns on intergrated circuit chips under copyright protection. 3. 332a was introduced by Sen. Gravel on July 19, 1978, to amend section 111 of title 17 (U.S.C.) to clarify copyright liability status of delayed secondary transmissions by certain retransmission services located outside the continental United States. Another bill of interest, 5. 3139, was introduced by Sen. Javits on Hay'2u, 1978, to amend the National Labor Relations Act to give employers and performers in the performing arts the same rights given by section 8(f) of such act to employees. in the construction industry. No further action was taken on any of these bills prior to adjournment of the 95th Congress. LEEISLAEIQE H.R. 237 (Danielson) Performance Rights Amendment of 1977. Amends section 114 of the General Revision of the Copyright Law to provide for a compulsory license for performance of sound recordings and a schedule of royalty payments to be paid by radio stations, background music services, and operators of coin-operated music boxes or other commercial users of sound recordings. Introduced Jan. 15, 1979; referred to Committee on the Judiciary. Rnn. 288 (Drinan) Visual Artists Moral Rights Amendment of 1979. Secures the rights of authors of pictorial, graphic, or sculptural works to prevent the distortion, multilation, or other alteration of such works, and enforces any other‘ limitations recorded in the Copyright Office that would prejudice the author's honor or reputation. A Introduced Jan. '15, 1979; referred to Committee on the Judiciary. H.R. 997 (Danielson) Sound Recording Performance Rights Amendment. Amends section 101 of title 17, 0.5. Code, by deleting the definition of "perform" and inserting, in part, "...In the case of a sound recording, to ‘perform’ the work means to make audible the sounds of which it consists." Also provides a compulsory license for public performance of sound recordings. Introduced Jan. 18, 1979; referred to Committee on the Judiciary. I H.R. 1007 (Edwards et al.) Amends section 101 of the Copyright .Act of 1976 to provide copyright protection for imprinted design patterns on semiconductor chips, and the imprinted patterns themselves, even though they are used in connection with the manufacture of, or incorporated in a useful article. Introduced Jan. 18, 1979; referred to Committee on the Judiciary. E.R. 18¢? (Edwards) flodifies the restrictions contained in section 170(e) of the Internal CBS“ 5 IB74117 UPDATE-06/11/80 Revenue Code and add a new paragraph to make any literary, tmusical, or artistic compositions, or similar property created by the personal efforts of the taxpayer not to be reduced by the amount of appreciation of such nroperty, and the whole amount of such charitable contributions shall be aken into account and be treated as if the property contributed had been sold at its fair market value. Introduced Feb. 5, 1979; referred to Committee on Ways and neans. H.B. 2113 (Green) Arts and Humanities Tax Reform Act of 1979. Amends the Internal Revenue Code of 195E to disregard, in the valuation for estate tax purposes of certain items created by the decedent during his life, any amount which would have been ordinary income if such item had been sold by the decedent at its fair market value, to allow a charitable deduction based on the fair market value of such items, and for other purposes. Introduced Feb. 13, 1979; referred to Committee on Ways and Means. H.R. 2487 (Harsha) Exempts nonprofit veterans‘ organizations from performance royalties for performance of a musical work in the course of their activities. Introduced Feb. 28, 1979; referred to Committee on the Judiciary. H.3. 2498 (Hikva) Amends the Internal Revenue Code of 195a to remove certain limitations in the case of charitable contributions of literary, musical, or artistic compositions, or similar property. Introduced Feb. 28, 1979; referred to ( nmittee on Ways and Means. A H.R. 2706 (Railsback)k Amends the copyright law, title 17 of the United States Code, to provide for protection of ornamental designs of useful articles. Introduced Mar. 7, 1979; referred to Committee on the Judiciary. H.R. 3179 (Corcoran)t Amends the Communications Act of 1934 to establish requirements with respect to the television broadcasting of certain sports clubs‘ games. Introduced Mar. 22, 1979; referred to Committee on Interstate and Foreign Commerce. H.R. 3213 (Slack) Amends the Communications Act of 193a to prohibit the Federal Communications Commission from prescribing rules which would permit duplication of radio broadcasting station assignments on class I-A clear —chanmels, and for other purposes. Introduced Mar. 22, 1979; referred to Committee on Interstate and Foreign Commerce. 3.3. 3333 (Van Deerlin) ,ased on two basic principles -— competition and deregulation - the proposed legislation is the first comprehensive revision of communications law in 45 years. The bill covers several policy areas, with its general findings and purpose set forth in Title I which establishes certain CBS- 6 IB7H117 UPDATE-06/11/80 requirements relating to the regulation of interstate and foreign telecommunications to the extent that marketplace forces fail to protect the public interest. Introduced Mar. 29, 1979: referred to Committee on Interstate and Foreign Commerce. H.R. u26u (Donnelly) Amends the copyright law to provide that.certain performances and displays of profitmaking educational institutions are not infringements of the exclusive rights of copyright owners. Introduced May 31, 1979; referred to Committee on the Judiciary. H.R. 4530 (Bailsback) Amends the copyright law, title 17 of the 0.5. Code, to provide for protection of ornamental designs of useful articles. Introduced June 19, 1979; referred to Committee on the Judiciary. H.R. 4572 (Thompson) Amends title an, 0.5. Code, to provide for improved administration of public printing services and distribution of public documents. Introduced June 2, 1979; referred to Committee on House Administration. iH.R. 5115 (Cavanaugh) Amends title 17 of the 0.5. Code to provide that’ persons reprinting certain uncopyrighted Government publications place certain information about the availability of those publications from the Government on the reprinted copies. Introduced Aug. 2, 1979; referred to Committee on the-Judiciary. H.R. 5183 (Bowen) 1 bill to amend the copyright law to prowide that certain performances and displays of profitmaking educational institutions are not infringements of the exclusive rights of copyright owners. Introduced Sept. 5, 1979; referred to Committee on the Judiciary. H.R. SH66 (Harsha) A bill to amend title 17 of the 0.5. Code to exempt nonprofit veterans’ organizations and nonprofit fraternal organizations from the requirement that certain performance royalties be paid to copyright holders. Introduced Sept. 28, 1979; referred to Committee on the Judiciary. 3.3. 5650 (Roe) Modifies the restrictions contained in section 170(e) of the Internal Revenue Code in case of certain contributions of literary, musical, or artistic composition, or similar’ property. Introduced Oct. 18, 1979; referred to Committee on the Judiciary. 1 H.R. 6262 (Kelly) A bill to amend title 17 of the 0.5. Code to authorize the nonprofit use of copyrighted works, and for other purposes. Introduced Jan. 23, 1980; referred to Committee on the Judiciary. CRS- 7 IB74117 UPDATE-O6/11/80 H.R. 6857 (Donnelly) Amends title 17 of the U.S. Code to provide that certain performances‘ and , displays of profitmaking educational institutions and nonprofit veterans‘ and raternal organizations are not infringements of the exclusive rights of copyright owners. Introduced Mar. 19, 1980; referred to Committee on the Judiciary. ~ A H.R. 6934 (Kastenmeier) Computer software Copyright Act of 1980. Introduced Mar. 26, 1980; referred to Committee on the Judiciary. H.R. 7448 (Conable) Amends title 17 of the U.S. Code to allow nonprofit educational institutions to pay fees for certain performances without the actions of the institutions constituting infringements of copyright. Introduced May 28, 1980; referred to Committee on the Judiciary. S. 622 Amendment No. 233. To establish a rural telecommunications .policy and system. Intended to be proposed by Mr. Schmitt to S. 622 June 14, 1979; referred to Committee on Commerce, Science, and Transportation. S. 397 (Hoynihan) ' Amends the Internal Revenue Code of 1954 to recognize and define eatrical production organizations, to.al1ow cost recovery accounting for theatrical production organizations, to allow the investment tax credit for theatrical production costs, to provide for capital gain treatment upon sale of certain theatrical production rights, to allow for a limited nonrecognition of gain realized or income derived by a theatrical production organization, and to provide for capital gain treatment for sales by authors of first theatrical production rights and the initial subsequent sale of ancillary rights. Introduced Feb. 8, 1979; referred to Committee on Finance. 5. 6 11 (fiollings) Communications Act Amendments of 1979. Amends the Communications Act of 1934, as amended, to provide for improved domestic telecommunications and international telecommunications, rural telecommunications development, to establish a National Commission on Spectrum Management, and for other purposes. Introduced Ear. 12, 1979; referred to Committee on Commerce, Science, and Transportation. 5. 622 (Goldwater) Telecommunications Competition and Deregulation Act of 1979. Amends the Communications Act of 1934 in order to encourage and develop marketplace competition in the provision of certain services and to provide certain deregulation of such services, and for other purposes. Introduced Mar. 12, 1979; referred to Committee on Commerce, Science, and Transportation. ‘ S. 761 (Randolph) Repeals section 506 (coercive practices affecting broadcasting) of the CRS- 8 IB7fl117 UPDATE-06/11/80 Communications Act of 1934 (47 0.5.6. 506). Introduced Mar. 26,« 1979; referred to Committee on Commerce, Science, and Transportation. S. 1078 (Javits) Amends the Internal Revenue Code of 1950 to provide for the itaxation of artists‘ income and estates. Introduced May 7, 1979; referred to Committee on Finance. 5. 1fl36 (Pell) Amends title an, 0.5. Code, to provide for improved administration of public printing services and distribution of public documents. Introduced June 27, 1979; referred to Committee on Rules and Administration. 5. 1552 (Williams) Amends the copyright law, title 17 of th United States Code, to create public performance rights with respect to sound recordings, and for other purposes. Introduced July 21, 1979; referred to Committee on Judiciary. S. 2082 (Zorinsky) Amends title 17 of the U.S. Code to exempt nonprofit veterans’ organizations and nonprofit fraternal organizations from the requirement that certain performance royalties be paid to copyright holders. Introduced Dec. 5, 1979; referred to Committee on the Judiciary. §§A§l!§§ U.S. Congress. House. Committee on the Judiciary. Subcommittee on Courts, Civil Liberties, and the Administration of Justice. Off-air taping for educational use. Hearings, 96th Congress, 1st session. Mar. 2, 1979. Washington, U.S. Govt. Print. Off., 1979. 189 p. ----- Performance rights in sound recordings. Hearings, 95th Congress, 2d session, on H.R. 6063. May 24, 1978. Washington, U.S. Govt. Print. Off., 1978. 196 p. 0.5. Congress. Senate. Committee on the Judiciary. Subcommittee on Patents, Trademarks, and Copyrights. Performance royalty. Hearings, 9uth Congress, 1st session, on S. 1111. July 2a, 1975. Washington, 0.5. Govt. Print. Off. 1975. A bill for the protection of ornamental design. In Extension of Remarks of Tom Railsback. Congressional record [daily ed.] v. 125, June 19, 1979: E3045-E30u6. Conference report on S. 22, copyright law revision. Congressional record [daily ed.] v. 122, no. 150-II (Sept. 30, 1976): H12017—H12018. ' CBS- 9 IB7Q117 UPDATE-O6/11/80 Copyright law revision. Congressional record [daily ed.] ’v. 122, no. 19 (Feb. 16, 1976): S1607-S1616; no. 20 (Feb. 17, 1976): S1755-S1758; no. 22 (Feb. 19, 1976): 52027-52065. Copyright law revision. Congressional record [daily ed.] v. 122, no. 14a (Sept. 22, 1976): H10872-H10911. Copyright law revision -- Conference report. Congressional record [daily ed.] v. 122, no. 150 (Sept. 30, 1976): $17251-517253, $17256. - Frey, Louis, Jr. The death of the sports anti-blackout bill. Congressional record [daily ed.] v. 122, no. 151-IV (Oct. 1, 1976): E5596—E5597. McDonald, Larry. Sports and the 93d Congress. Congressional record [daily ed.] v. 121, Feb. 27, 1975: E797. Public printing reorganization act of 1979. In remarks of Mr. Pell. Remarks in the Senate. Congressional record [daily ed.] v. 125, June 27, 1979: S8703. Scott, Hugh. Performance rights amendment of 1975. Remarks in the Senate. Congressional record [daily ed.] v. 121, Mar. 7, 1975: S3411. ---- Sports and cable TV. Remarks in the Senate. Congressional record [daily ed.] v. 120, may 16, 197a: S8366-S8367. - Sound recording performance rights amendment. In remarks of Harrison A. Williams, Jr. Remarks in the Senate. Congressional record [daily ed.) v. 125, July 21, 1979: $10218-10221. 0.8. Congress. House. Committee on Conference. General revision of the copyright law, title 17 of the United States Code. Conference report to accompany S. 22. Washington, D.C. Govt. Print. Off., Sept. 29, 1976. 82 p. (9uth Congress, 2d session, H.Rept. no. 94-1733). ‘ 0.5. Congress. House. Committee on Interstate and Foreign Commerce. Subcommittee on Communications. Cable television: promises versus regulatory performance; staff report. Washington, 0.5. Govt. Print. Off., 1976. 110 p. At head of title: 94th Congress, 2d session. Committee print. 0.5. Congress. House. Committee on the Judiciary. Authorization for CONTU appropriations [including cost estimate ‘ and comparison of the Congressional Budget Office]; report to accompany H.R. 11877. Washington, 0.5. Govt. Print. 0ff., flay 1a, 1976. 5 p. (9flth Congress, 2d session. House. Report no. 9n-1137) ---- Commission on New Technological Uses of Copyrighted Works; report to accompany H.R. 4836. (Includes cost estimate of the Congressional Budget Office.) Washington, 0.5. Govt. Print. 0ff., Apr. 6, 1977. 0515-10 11371; 1 17 UPDATE-0 6/1 1/80 * 4 p. (95th Congress, 1st session. House. Report no. 95-187) ---- Extending prohibition of piracy of sound recordings. Report together with dissenting views to accompany H.R. 1336u. [Washington, U.s. Govt. Print. off.] 197a. 17 p. (93d Congress, 2d session- House. Report no. 93-1389) --—- Copyright law revision. Report together with additional views to accompany S. 22. Washington [U.S. Govt. Print. 0ff.] Sept. 3, 1976. 368 p. (9uth.Congress, 2d session, H. Rept. no. 94-1476) 0.5. Congress. Senate. Committee on Cbmmerce. Copyright law revision. Report to accompany S. 1361 together with minority and additional views- Washington, U.S. Govt. Print. Off., 1974. 82 p. (93d Congress, 1st session. Senate. Report no. 93-1035) U.s. Congress. Senate. Committee on the Judiciary. Copyright law revision. Report together with additional and minority views to accompany S. 1361.. Washington, U.S. Govt. Print. 0ff., July 3, 197a. 228 p. (93d Congress, 1st session. Senate. Report no. 93-983) —--- Copyright Law Revision. Report together with additional views to accompany S. 22. [Washington, 0-5. Govt. Print. Off.) 1975. 169 p. (94th Congress, 1st session. senate Report no. 94-473). ---- Extending the authorization of appropriations for the National Commission on New Technological Uses of Copyrighted Works; report to accompany S. 3187. Washington, U.S. Govt. Print. Off., may 6, 1976. 2 p. (9uth Congress, 2d session, Senate. Report no. 9a-793) ---- Performance rights in sound recordings. Washington, 0.5. Govt. Print. off., 1978. 1162 p. (95th Congress, 2d Session. House Committee Print No. 15). Williams, Harrison A., Jr. Performanceeroyalties: long overdue justice for musical artists. Remarks in the Senate. Congressional record [daily ed.] v. 120, July 18, 197a: 312888. Won Pat, Antonio Borja. Introduction of non-contiguous area cable television station legislation. Congressional record [daily ed.] v. 121, Mar. 13, 1975: E1127. .1i1.i0NQL9.GY.QE..§ETlT5 12/19/79 -- The Copyright Royalty Tribunal issues notice that on February 14, 1980, there will be a conference of cable royalty claimants or their representatives to discuss cable royalty distribution and the specific procedures for such distribution. 12/17/79 -- Report of the Register of Copyrights on the effects of 17 U.S.C. 108 on the rights of creators and the needs of users of works reproduced by certain 12/05/79 11/01/79 10/22/79 10/17/79 09/13/79 ‘O9/12/79 733/07/79 08/14/79 08/01/79 ,7/09/79 O5/23/79 CBS-11 IB74117 UPDATE-OQ/11/80 libraries and archives; public hearing. Notice. Copyright Office issues notice of proposed regulations on compulsory license for cable systems. 37 C.P.R., Part 201. Copyright Office issues notice of inquiry on registratio of claims to copyright; blank forms. 37 C.P.R., Part 202. Copyright Office extends to Jan. 2, 1980, the period for comments relating to its proposed rulemaking regarding registration of claims to copyright in the graphic elements involved in the design of books and other printed publications. 37 C.P.R. Part 202. Copyright Royalty Tribunal issues final rule with respect to filing of claims to cable royalty fees. 37 C.P.R. Part 302. Copyright Royalty Tribunal issues notice of Cable Royalty Distribution proceedings. Copyright Royalty Tribunal amends its regulations to reflect the revised fee schedule for copying of Tribunal records. 37 C.P.R. Part 301- Copyright Royalty Tribunal has determined that a controversy exists with respect to the distribution of cable royalty fees for the periods Jan. 1 through June 30, 1978, and July 1 through Dec. 31, 1978, and accordingly announces the commencement of distribution proceedings. Copyright Office issues announcement of availability of background paper and notice of meeting. Compulsory license of making and distributing phonorecords. 37 CPR Part 201. Copyright Office issued proposed rule regarding statements identifying one cx: more authors of an anonymous or pseudonymous work; statements of the date of death of an author, or that an author is still living; registry of vital information concerning authors. 37 CPR Part 201. Copyright Office issued proposed rule regarding registration of claims to copyright in the graphic elements involved in the design of books and other printed publications. 37 CPR Part 202. Copyright Royalty Tribunalrissued announcement of cost of living adjustment for compulsory royalty rates paid by non-commercial broadcasting. 37 CPR Part 304. Copyright Office issued request for comments on the status of translators. Copyright Royalty Tribunal issued final rule with respect 04/10/79 03/02/79 12/07/78 10/31/78 10/23/78 09/28/78 09/12/78 09/19/78 09/12/78 CBS-12 IB74117 UPDATE—06/11/80 to filing of claims to cable royalty. 37 CPR Part 302. Copyright Royalty Tribunal<fissues proposed rulenaking. 37 CPR Part 302, Supplemental rule with respect to filing of claims to cable royalty fees. The proposed rule, in addition, would require the percentage or dollar figure of the license fees the claimant feels entitled to and a justification for that amcunt...Comments must be received on or before Apr. 25, 1979. The House Judiciary Subcommittee on Courts, Civil Liberties and Administration of Justice held an oversight hearing on copyrights (off-air taping for educational use). Copyright Office issues notice to advise the public of the extension of time for interested persons to submit written statements relating to the compulsory license for making and distributing phonorecords ("mechanical license"). 37 CPR Part 201. Copyright Office issues final regulation. 37 CPR Part 201, Recordation and certification of coin-operated phonorecord players. Copyright Royalty Tribunal issues proposed rule. 37 CPR Part 301, Agency Rules-of Procedure. The CRT proposed rules of procedure includes regulations required by the Government in the Sunshine Act, the Privacy Act, the Preedom of Information Act, and the equal employment opportunity procedures of the Tribunal. Comments must be received on or before Nov. 8, 1978. Copyright office issues amendments to interim regulations and notice of hearings. 37 CPR Part 201, Compulsory license for making and distributing phonorecords. NOTE: The Copyright Office will hold hearings on Nov. 28 and 29, 1978, to hear testimony on amendments to Secs. 201. 18 and 201. 19 of Interim Regulation 201. Copyright Royalty Tribunal issues final rule. 37 CPR Ch. III, Part 303, Access to phonorecord players (jukeboxes). Regulations for Copyright Owner tAccess to Phonorecord_Player (Jukeboxes) and certain Establishments. Copyright Office issues final regulations. 37 CPR Part 202, Registration of Claims to Copyright -— Deposit Requirements. Copyright Roylty Tribunal issues final rule. 37 CPR Part 305, Claims to phonorecord player (Jukebox) royalty fees - Regulations for copyright owners filing claims to phonorecord player (Jukebox) royalty fees. 09/11/78 08/08/78 07/31/78 07/28/78 07/20/78 06/27/78 06/0 8./78 06/06/78 06/02/78 05/24/78 05/08/78 05/05/78 CRS-13 IB7fl117 UPDATE-06/11/80 Copyright Royalty Tribunal issues final rule.’ 37 CFR Part 302, Filing of Claims to Cable Royalty Fees, Proof of Fixation -- Rule with Respect to Proof of Fixation of Copyright Works. Copyright Office issues final regulation. 37 CFR Part 202, Recordation of transfers and other documents. National Commission on New Technological Uses of Copyrighted Works (CONTU) issues final report. Copyright Royalty Tribunal issues proposed rule. 37 CFR Part 302, Filing of claims to cable royalty fees; proof of fixation. Copyright Royalty Tribunal dssues proposed rule. 37 CFR Part 305, Claims to phonorecord player (jukebox) royalty fees. Copyright Office issues final regulations. 37 CPR Part 202, Registration of Claims to Copyright Deposit Requirements; Motion Pictures. Copyright Office issues final regulations on compulsory license for cable systems. The Copyright Royalty Tribunal establishes terms and rates of royalty payments for certain activities using published nondramatic musical works during a period beginning June 8, 1978, and ending Dec. 31, 1982, for compliance by public broadcasting entities. The Copyright Royalty Tribunal (CRT), implements 17 0.5.0. 111(d)(5)(A) by adopting a final rule, 37 CFR 302, which prescribes requirements whereby persons claiming to be entitled to compulsory license fees for secondary transmissions by cable systems shall file claims with CRT. Copyright Office implementation of 17 U.S.C. 508(c), requiring the recording of all documents received from the clerk of the courts.regarding any action under the copyright statute. The House Judiciary Subcommittee on Courts, Civil Liberties, and the Administration of Justice held hearings on H.R. 6063, a bill to amend Section 110 of P.L. 9a-553, providing performance rights in sound recordings. pcopyright Royalty Tribunal issued proposed phonorecord player access regulations, and notice of public hearing scheduled for June 21, 1978. Copyright Royalty Tribunal issued proposed rulemaking with respect to filing of claims to cable royalty fees. 03/21/78 03/15/78 01/11/78 09/26/77 10/19/76 09/30/76 09/22/76 08/27/76 08/06/76 02/19/76 10/07/75 05/07/75 02/25/75 cns—1u IB7u117 UPDATE-O6/11/80 Addendum to the Report of the Register of Copyrights on Performance Rights in Sound Recordings filed with Congress. National Commission on New Technological Use of Copyrighted Works (CONTU), Iraft Report of the subcommittee on Photocopying, issued for public comment. Report on performance rights in sound recordings filed with Congress. President Carter named five commissioners to the Copyright Royalty Tribunal. ‘ S. 22 was enacted into law as P.L. 94-553. The U35 conference report on S. 22 (H.R. 94-1733) approved by both Houses of Congress. House passed S. 22, amended. A conference P scheduled in the House. The was The House Judiciary Committee favorably voted 5. 22, as amended, out of Committee by a vote of 27 to 1. The House Judiciary Committee's Subcommittee on Courts, Civil Liberties, and the Administration of Justice submitted an amendment in the nature of a substitute to S. 22 to the full Committee. The Senate passed S. 22, a bill for the general revision of the Copyright Law, title 17, United States Code, i with amendments, by a vote of 97 to O. The Senate Committee on the Judiciary ordered 5. 22 to be favorably reported, with amendments. _The House Judiciary Committee's Subcommittee on Courts, Civil Liberties, and the Administration of Justice began a series of hearings on H.R. 2223, H.R. H965, and H.R. 53fl5. Testimony has been received from representatives of the Library of Congress, thetcopyright Office, and the Departments of State, Justice, and Commerce. some of the key issues were identified as being library photocopying, fair use and educational uses in general, performance royalties, computer uses of copyrighted works, copyright liability of CATV and public broadcasting systems, and the role of the Copyright Tribunal. ' The 0.5. Supreme Court affirmed by an equally divided court the decision of the U.S. Court of Claims inn !i;;ie2§;§-Ei;ki2§ v- Qni:2é_§tete§; Hr- Justice Blackmun took no part in therdecision. The Court of Claims had held by a 4-3 vote that photocopying by the National Institutes of Health and the National Medical 12/31/7% 10/07/7fl 09/30/78 09/09/7H 07/29/7a O7/O9/7# 07/O3/74 03/on/7n 11/27/73 06/07/72 cns-15 iB7u117 UPDATE-O6/11/80 Library of articles from scientific journals published by Williams 8 Wilkins constituted "fair use." P.L. 93-573 extended a limited copyright in sound recordings indefinitely, increased the criminal penalties for piracy and counterfeiting of sound recordings, extended the duration of copyright protection in cases where the renewal period for copyright would expire prior to Dec. 31, 1976; and also established a National Commission on New Technological Uses of Copyrighted Works. H.B. 13364 was passed by the House of Representatives. The House Judiciary Committee reported H.B. 13364 out of committee with amendments (H.Rept. 93-1389). The Senate passed 5. 1361 with several amendments. Since it was not expected that the bill would be passed by the House before adjournment, another bill, S. 3976, was immediately introduced and passed in order to preserve the limited copyright in sound recordings and the renewal copyrights which might expire before Dec. 31, 1976, to increase the criminal penalties on pirated and counterfeit sound recordings, and to establish a National Commission on Technological Use of Copyrighted Works. The Commerce Committee of the Senate submitted a report on S. 1361, with minority and additional views, dealing mostly with the regulation of cable television and performance royalties. Senator Pastore requested that S. 1361, as amended by the Senate Judiciary Committee on July 3, be referred to the Senate Commerce Committee for review of provisions concerning radio and television. The Senate Judiciary Committee submitted its report on S. 1361 with amendments and minority views. The 0.5. Supreme Court held in T§;§p;Qgptg;_Qg;p; v. §2l9abie-§r9§é2a§:iug-§x§§em that a CATV system's importation of "distant" signals does not entail copyright infringement liability since by extending the range of viewability, CATV does not interfere with the copyright owners’ means of extracting recompense from advertisers which sponsor the copyrighted programs on television. The 0.5. Court of Claims determined in fl;;l;ag§_§_fl;l§;n§ v. ggitgg_§§§tg§ that where Federal nonprofit institutions were devoted solely to advancement and dissemination of medical knowledge and normally restricted photocopying to a single copy of a single article of less than 50 pages, the practice constituted "fair use“ of copyrighted material and would not be an infringement of the copyright. . Supreme Court reversed the Circuit Court holding The 0.5 ' .i§2e§:-1i§e9.§2£2; v- Qai§e§-§§a:e§- 111 10/15/71 107/on/71 05/13/71 01/01/71 03/07/53 06/17/68 0%/12/67 08/02/66 07/20/64 07/00/61 08/05/55 CBS-16 IB7fl117 UPDATE-06/11/80 P.L. 92-1n0, providing for a.limited copyright in sound recordings, was enacted for the purpose of discouraging record and tape piracy. FCC announced suspension of its mandatory origination rules for cable television. A Circuit Court held in §idgg§t_1;d§9 v. _ggiteg_ gtgtgg that the FCC lacked the authority to impose program origination rules on existing cable television systems. The FCC rule that cable systems having 3,500 or more subscribers were to originate programs went into effect. The Circuit Court for the 8th District held in glggg §ill§-!;de2.§9r2= v- Eedeg2;.§22mnn;2e:i9n§.§22m;§§inn that prohibiting duplication by CATV systems of copyrighted programs on the same day as the local originating station was not inconsistent with Federal copyright laws, since CATV systems did not "perform" but rather carried the programs for the originating stations. In Eertnightlz v- Qn;sed.Art;§t§-§2r2.. the 0-5- Supreme Court decided that a CATV system, by receiving and transmitting copyrighted motion pictures did not "perform" but rather carried the programs for the originating stations. A general copyright revision bill, H.R. 2512, passed the House of Representatives. The Senate Judiciary Committee began hearings on the copyright liability of CATV systems. The first general copyright revision hill, 3. 3008, was introduced in the Senate. Register of Copyrights filed.a report with Congress making recommendations as to the possible content of a copyright revision bill based upon the studies prepared by the Copyright Office. Congress authorized the Copyright Office to prepare studies on possible revision of the current copyright law. AQ2lIlQ!AL-B§E§B§E§§-§QQB§E§ American Bar Association. Hiami, Florida, Aug. 10, 1965. American Library Association. teachers and librarians ask. Symposium [on copyright law revision]. Bulletin of the Copyright Society 13, no. 1 [October 1965] pp. 1-07. The new copyright law: questions A joint project of American Library Association, National Council of Teachers of English, and National Education Association. Washington, D.C., CR5-17 IB7u117 UPDATE-06/11/80 NBA, 1977.) 76 p. Association for Educational Communications and Technology, and The National Audio-Visual Association. The guide to copyright: New law, new directions. Washington, D.C. 1977. (Transcript, film strip and cassette). Bush, George Pollock, ed. Technology and copyright, annotated bibliography and source materials. Mt. Airy, Md., Lomond Systems (1972) 454 p- ‘ Crawford, Tad. The visual artist's guide to the new copyright law. New York, Graphic Artists Guild, 1978. 61 p. Cambridge Research Institute. Omnibus copyright revision; comparative analysis of the issues. Washington, D.C., American society for Information Science [August 1973] 280 p. ' Committee to Investigate Copyright Problems Affecting Communication in Science and Education, Inc. frhe determination of legal facts and economic guideposts with respect to the dissemination of educational information as it is affected by copyright. Washington, Office of Education, Bureau of Research .[December 1967] 1 v. The Copyright Act of 1976: dealing with the new realities. [Symposium] co-sponsored by the New York Law Journal and the Copyright Society of the U.S.A., under the chairmanship of Alan Latman. New York, Law journal press, 1977. "347 p. Copyright symposium. New York Law School law review, v. 22, no. 2 (1976): 193-292; no. 3 (1977): wn71—678. Crawford, Tad. Moral rights and the artist. American artist, v. #2, April 1978: 98-100. Reprinted in the Congressional record, v. 12H, no. 81, may 31, 1978: E2917-E2919. Fry, Bernard M., Herbert S. White and Elizabeth I. Johnson. Scholarly and research journals; survey of publisher practices and present attitudes on authorized journal article copying and licensing. Bloomington, Inc., Research Center for Library and Information Science, June 30, 1977. 210 p. wflenry, Nicholas. Copyright, information technology, public policy. New York, n. Dekker, 1975. 2 v. Information Retrieval Colloquium, 9th. The copyright controversy: issues and opinion. Drexel Library Quarterly, v. 8, no. 4. [October 1972] 602 p. iiller, Arthur. Copyrights. Minneapolis, Midwest Practice Institute, 1977. (H cassettes.) Moral rights for artists under the Lanham Act; gilligg v. Aasri2en-§r2§Qsa§:ing_99- William and Mary law review. CBS-18 IB7u117 UPDATE-06/31/80 vol. 18, no. 3 (Spring 1977): 595-611. Ninaer, Melville B. A Preliminary view of the Copyright Act of 1976; analysis and text. New York, Matthew Bender, 1977. 142 p. Practising Law Institute. Current developments in copyright law: 71977 course handbook. New York, PLI, 1977. 2 v. Ringer, Barbara. The Unfinished business of copyright revision. UCLA law review, v. 2H, no. 5-6 (June-August 1977), p. 951-977. Saltman, Roy G. Computer science and technology: »Copyright in computer-readable works; policy impacts of technological change. Washington, D.C., National.Bureau of Standards, October 1977. 1 v. studies on Copyright (Arthur Fisher Memorial Edition). Compiled and edited under supervision of the Copyright Society of the U.S.A. South Hackensack, N.J., Fred B. Rothnan 8 Co., 1963. 2 v. Synposiun: The Copyright Act of 1976. U.C.L.A. law review, v. 2“, nos. 5 5 6 (1977), pp. 951-1312. ‘ ‘ wager, Willis. A nusician's guide to copyright and publishing. Brighton, Hass., Carousel Publishing Corp.,, 1978. 32 p. White, Herbert 5., ed. The copyright dilemma. 9Chicago, ihnerican Library Association., 1978-; 199 p. ....L.;~—A"->""" '