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Copyright Law Revision: Study 7: Notice of Copyright

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Copyright Law Revision: Study 7: Notice of Copyright 86th Congress} CO~ITTEE 2d Session PRINT COPYRIGHT LAW REVISION STUDIES PREPARED FOR THE SUBCOMMITTEE ON PATENTS, TRADEMARKS, AND COPYRIGHTS OF THE COMMITTEE ON THE JUDICIARY UNITED STATES SENATE EIGHTY-SIXTH CONGRESS, SECOND SESSION PURSUANT TO S. Res. 240 STUDIES 7- 7. Notice of Copyright Printed for the use of the Committee on the Judiciary UNITED STATES GOVERNMENT PRINTTNG OFFICE 5657Q WASHINGTON: 1960 COMMITTEE ON THE JUDICIARY JAMES O. EASTLAND, Mississippi, Chairman ESTES KEFAUVER, Tennessee ALEXAKDER WILEY, Wisconsin OLIN D. JOHNSTON. South Carolina EVERETT McKI-"fLEY DIRKSEK, Illinois 'rHOMAS C. HENNINGS, JR., Missouri ROMAN L. HRUSKA, Nebraska JOHN L. McCLELLAN, Arkansas KENNETH B. KEA'l'I-"fG, New York JOSEPH C. O'MAHONEY, Wyoming NORRIS COTTON, Now Hampshire SAM J. ERVIN, .Ja., North Carolina JOHN A. CARROLL, Colorado 'l'HOMAS J. DODD, Connccticut PHILIP A. HART, Michigan SUBCO,I1MITTEE ON PATENTS, TRADJ,MARKS, AND COPYRIGHTS JOSEPH C. O'MAHONEY, Wyoming, Chairman OLIN D. JOHNSTON, South Oaroilna ALEXANDER WILEY, Wisconsin PHILIP A. HART, Michigan ROBERT L. WRIGHT, GIlie! Counsel JOIlN C. STEDMAN, Aesoeiate Couu.!el STEPHEN G. HAASER, Chief Clerk n FOREWORD This committee print is the third of a series of such prints of studies on "Copyright Law Revision" published by the Committee on the Judiciary Subcommittee on Patents, Trademarks, and Copyrights. The studies have been prepared under the supervision of the Copy­ right Office of the Library of Congress with a view to considering a general revision of the copyright law (title 17, United States Code). Provisions of the present copyright law are essentially the same as those of the statutes enacted in 1909, though that statute was codi­ fied in 1947, and has been amended in a number of relatively minor respects. In the half century since 1909, far-reaching changes have occurred in the techniques and methods of reproducing and dissemi­ nating the various categories of literary, musical, dramatic, artistic, and other works that are subject to copyright; new uses of these pro­ ductions and new methods for their dissemination have grown up; and industries that produce or utilize such works have undergone great changes. For some time, there has beon widespread sentiment that the present copyright law should be re-examined comprehensively with a view to its general revision in the light of present-day conditions. Beginning in 1955, the Copyright Office of the Library of Congress, pursuant to appropriations by Congress for that purpose, has been conducting a program of studies of the copyright law and practices. The subcommittee believes that these studies will be a valuable con­ tribution to the literature on copyright law and practice, that they will be useful in considering problems involved in proposals to revise the copyright law, and that their publication and distribution will serve the public interest. The present committee print contains four studies, Nos. 7-10, dealing with copyright notice. Study No.7, "Notice of Copyright," was prepared by Vincent A. Doyle of the Washington, D.C., bar (formerly Assistant Chief of the Examining Division of the Copyright Office) in collaboration with the following staff members of the Copy­ right Office: George D. Oary, General Counsel; Marjorie McCannon, Assistant Chief of the Reference Division; and Barbara A. Ringer, Assistant Chief of the Examining Division. Study No.8, "Commer­ cial Use of the Copyright Notice," was prepared by William M. Blais­ dell, economist of the Copyright Office. Study No.9, "Use of the Oopyright Notice by Libraries," was prepared by Joseph W. Rogers, Chief of the Cataloging Division of the Copyright Office. Study No. 10, "False Use of Copyright Notice," was prepared by Caruthers Berger, Attorney Adviser of the Copyright Office. The Oopyright Office invited the members of an advisory panel and others to whom it circulated these studies to submit their views on the issues. The views, which are appended to the studies, are those of individuals affiliated with groups or industries whose private m IV FOREWORD interests may be affected by copyright laws, as well as some independ­ ent scholars of copyright problems. It should be clearly understood that in publishing these studies the subcommittee does not signify its acceptance or approval of any state­ ments therein. The views expressed in the studies are entirely those of the authors. JOSEPH C. O'MAHONEY, Chairman, Subcommittee on Patents, Trademarks, and Copyrights, Committee on the Judiciary, U.S. Senate. COPYRIGHT OFFICE NOTE The studies presented herein are part of a series of studies prepared for the Copyright Office of the Library of Congress under a program for the comprehensive reexamination of the copyright law (title 17, U.S.C.) with a view to its general revision. The Copyright Office has supervised the preparation of the studies in directing their general subject matter and scope, and has sought to assure their objectivity and general accuracy. However, any views expressed in the studies are those of the authors and not of the Copy­ right Office. Each of the studies herein was first submitted in draft form to an advisory panel of specialists appointed by the Librarian of Congress, for their review and comment. The panel members, who are broadly representative of the various industry and scholarly groups concerned with copyright, were also asked to submit their views on the issues presented in the studies. Thereafter each study, as then revised in the light of the panel's comments, was made available to other inter­ ested persons who were invited to submit their views on the issues. The views submitted by the panel and others are appended to the studies. These are, of course, the views of the writers alone, some of whom are affiliated with groups or industries whose private interests may be affected, while others are independent scholars of copyright problems, ABE A. GOLDMAN, Ghief of Research, Copyright Office. ARTHUR FISHER, Register of Oopyrights, Library of Congress. L. QUINCY 1\1 UMFORD, Librarian of Congress. v STUDIES IN EARLIER COMMITTEE PRINTS First print: 1. The History of U.S.A. Copyright Law Revision From 1901 to 1954. 2. Size of the Copyright Industries. 3. The Meaning of "Writings" in the Copyright Clause of the Consti­ tution. 4. The Moral Right of the Author. Second print: 5. The Compulsory License Provisions in the U.S. Copyright Law. 6. The Economic Aspects of the Compulsory License. VI STUDY NO.7 NOTICE OF COPYRIGHT By VINCENT A. DOYLE, GEORGE D. CARY, MARJORIE MCCANNON, AND BARBARA A. RINGER November 1957 1 CONTENTS i.la~fl I. Introduction__ -_ _______________________ __ __ 5 II. Legislative history before 1909_________________________________ 5 III. The present law in the United States___________________________ 7 A. Provisions of the present law___________________________ 7 B. Legislative history of the present provisions; ______________ 9 C. Judicial interpretation of the notice provisions.;.. _________ 11 1. In general; ___________ __________________________ 11 2. Defective notice: In generaL____________________ 12 3. Defective notice: Word or symbol of claim ________ 15 4. Defective notice: Name of copyright proprietor____ 16 5. Defective notice: Date of copyright- _____________ 19 6. Defective notice: Position __ ____________________ 21 IV. The copyright notice in international treaties and conventions, ____ 23 V. The copyright notice in the laws of foreign countries_ ____________ 26 A. General notice provisions______________________________ 26 B. Special notice provisions, ______________________________ 29 C. Provisions related to not.ice . __ 35 VI. Proposals since 1909 for revision of the notice requirements_______ 37 VII. Review of basic problems_____________________________________ 46 A. The issues raised by copyright notice., ___________________ 46 B. Abolishment of the notice, _____________________________ 47 C. Incentives for voluntary use of notice_______ 47 D. The specific notice requirements ________________________ 48 VIII. Summary of issues .. 48 J NOTICE OF COPYRIGHT 1. INTRODUCTION Among the basic conditions for protection provided in the U.S. copyright law/ perhaps the most important is the requirement for a copyright notice. To secure and maintain copyright in the United States, the copies of a work published in this country must bear a notice in the form and position specified in the statute." Publication of a work without the prescribed notice results in the permanent loss of copyright protection and places the work in the public domain." This concept of notice as a condition of copyright has been em­ bodied in the U.S. law almost from the very beginning of Federal copyright legislation-since 1802, in fact.' Of the countries which today are large producers of copyrighted material, the United States is practically alone in making notice a condition of copyright protec­ tion for all types of published works. In approaching a study of this matter, it must inevitably be asked whether the notice requirement is a useless vestige, or whether it has advantages which make its continuation in one form or another desirable. It is ,the purpose of this paper to present an objective analysis of the notice provisions: their history, purpose, and interpretation; com­ parable provisions in foreign and international law; and the arguments advanced as to the relative advantages and disadvantages of notice requirements. Factual studies of the practical utility and operation of the notice provisions are planned for
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