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The Catalog of Copyright Entries 86th congress} lad Session COMMITTEE 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. ~40 STUDIES ...21 21. The Catalog of Copyright Entries Printed for the use of the Committee on the Judiciary UNITED STATES GOVERNMENT PRINTING OFFICE WASHINGTON : 1960 COMMITTEE ON THE JUDICIARY JAMES O. EASTLAND, Mississippi, Chairman ESTES KEFAUVER, 'l'ennessee ALEXANDER WILEY, WlscollBln OLIN D. JOHNSTON, South Carolina EVERE'l'T McKINLEY DIRKSEN, Illinois THOMAS C. HENNINGS, JR., MJssonri ROMAN L. HRUSKA, Nebraska JOHN I,. McCLELLAN, Arkansas KENNETH B. KEATING, New York JOSEPH C. O'MAHONEY, Wyoming NORRIS COTTON, New Hampshire SAM J. ERVIN, JR., North Carolina JOHN A. CARROLL, Colorado THOMAS J. DODD, Connecticut PHILIP A. HART, Mlchlgan SUBCOMMITTEE ON PATENTS, TRADEMARKS, AND COPYRIGHTS JOSEPH C. O'MAHONEY, Wyoming, CTlalrman OLIN D. JOHNSTON, South Carollna ALEXANDER WILEY, Wisconsin PHILIP A. HART, MIchigan ROBERT L. W RII1HT, CTlle! Ooumse; JOHN C. STEDMAN, Associate Counsel STBPHBN G. HUBBR, CTlle! Clerk II FOREWORD This committee print is the seventh of a series of such prints of studies on "Copyright Law Revision," published by the Committee on the Judiciary Subcommittee on Patents, Trademarks, and Copy­ rights. The studies have been prepared under the supervision of the Copyright Office of the Library of Congress with a view to con­ sidering 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 statute enacted in 1909, though that statute was codified in 1947 and has been amended in a number of relatively minor re­ spects. In the half century since 1909 far-reaching changes have occurred in the techniques and methods of reproducing and dis­ seminating the various categories of literary, musical, dramatic, artistic, and other works that are subject to copyright; new uses of these productions 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 been widespread sentiment that the present copyright law should be reexamined comprehensively with a view to its. general revision in the light of present-day condi­ tions. 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 contribution 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 the following two studies: No. 20, "Deposit of Copyrighted Works," by Elizabeth K. Dunne, "Research Analyst of the Copyright Office; and No. 21, "The Catalog of Copyright Entries," by Elizabeth K. Dunne and Joseph W. Rogers, Chief of the Cataloging Division of the Copyright Office. The Copyright 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 fire appended to the studies, are those of individuals affiliated with groups or industries whose private in­ terests may be affected by copyright laws, as well as some indepen­ dent 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 statements 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. m 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 of the United States Code) 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. 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 interested 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, OhieJ oj Research, Oopyright Office. ARTHUR FISHER, Register of Oopyrights, Library oj Oongress. L. QUINCY MUMFORD, LWrarian oj Oongress. 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 Constitution. 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. Third print: 7. Notice of Copyright. 8. Commercial Use of the Copyright Notice. 9. Use of the Copyright Notice by Libraries. 10. False Use of Copyright Notice. Fourth print: 11. Divisibility of Copyrights. 12. Joint Ownership of Copyrights. 13. Works Made for Hire and on Commission. Fifth print: 14. Fair Use of Copyrighted Works. 15. Photodnplication of Copyrighted Material by Libraries. 16. Limitations on Performing Rights. Sixth print: . 17. The Registration of Copyright. 18. Authority of the Register of Copyrights to Reject Applications for Reg­ istrations. 19. The Recordation of Copyright Assignments and Licenses. VI CON T }1~ N 'rs Study No. rage 51 Comments and Views Submitted to the Copyright Office________ 73 VII STUDY NO. 21 THE CATALOG OF COPYRIGHT ENTRIES By ELIZABETH K. DUNNE AND JOSEPH W. ROGERS April 1960 51 CONTENTS Page I. Introduction _ 55 II. Historical development- _ 55 A. The first copyright law _ 55 B. Early experiments in p'ublishing the copyright record _ 55 C. Establishment1891 of the 'Catalog of Title Entries" by the act of_ 57 D. The act of 190!L _ 58 1. The Conference on Copyright, November 1-5, 1905 __ 58 2. Provisions of the act of 1909 _ 59 3. Development of the catalog since 1909 _ 59 E. Provisions for the catalog in the revision bills of 1924-40 _ 60 III. Relationship of the "Catalog of Copyright Entries" to other copy­ right records _ 61 IV. Distribution and use of the catalog _ 64 A. In generaL _ 64 B. Use in depository libraries _ 65 C. Use by subscribers _ 66 D. Production costs and sales. _ 67 V. Publication of copyright records in other countries _ 68 VI. Analysis of issues _ 69 A. Need for the catalog _ 69 B. Alternatives to the present catalog _ 71 C. Incidental uses of the catalog _ 71 VII. Summary of issues _ 72 53 THE CATALOG OF COPYRIGHT ENTRIES I. INTRoDuc'rION The "Catalog of Copyright Entries" is the published form of the official U.S. record of works deposited and registered for copyright, and of registrations of claims for the renewal of copyright in previ­ ously registered works. It has been published serially since IS91; at present it is issued semiannually. Cumulative catalogs for dramas (1870-1916) and motion pictures (1894-1949) have also been pub­ lished. Since 1891, the Catalog has listed more than 9 million works. The publication of the Catalog is required by section 210 of the pres­ ent copyright law (17 U .S.C.); its distribution and sale are provided for in section 211. The Catalog was initiated in 1891 to aid the Treasury Department in preventing the importation of prohibited copies of copyrighted works--a purpose for which it proved to be in­ effectual. Other uses of more present significance, such as making the record available outside the Copyright Office, security of the records, etc., will be considered below. This study attempts to evalu­ ate the factors to be weighed in deciding whether publication of the Catalog should be continued, and if so, what its form and function should be. II. HISTORICAL DEVEI,OPMENT A. THE rmsr COPYRIGHT LAW Congress in the act of 1790 1 recognized the need for a means whereby the public would be informed about works registered for copyright, other than by resort to the various district registry offices, by providing that the author or proprietor of any work whose title had been recorded should, within 2 months of the date of recording- cause a copy of the said record to be published in one or more of the newspapers printed in the United States, for the space of 4 weeks. To obtain the benefit of the renewal term it was necessary again to record the title and to publish the record in the same manner." This method of publicizing the existence of the copyright was abandoned for original registrations in the act of 1831, but remained a condition of renewal registration until 1909.3 It is doubtful if such publication would be effective beyond the local scene.
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