ANNUAL REPORT OF THE REGISTER OF

For the fiscal year ending September 30

LIBRARY OF CONGRESS / WASHINGTON / 1981 Library of Conpaa Catalog Cud Number 10-35017 ISSN 0090-2845 Key title: Annual report of the Register of Copyrigha

Thii report is reprinted from the Annaual R+ of the librarian of Cangmc for the fdyear ending September SO. 1980

For male by the Bupedntendent of Documentr. U.8. Oovernmcnt Printing Omec Wmhlngtoa. D.C. 20102 Contents

The Office 1 New Appointed 1 Barbara Ringer 1 David Ladd 2 Occupancy of the Madison Building 2 Reorganization and Personnel 2 H.R.6933 3 Workload and Production 4 Acquisitions and Processing Division 4 Examining Division 4 Cataloging Division 5 Information and Reference Division 5 Records Management Division 6 Licensing Division 6 Automation 7 Copyright Office Publications 7 Special Activities 8 The Manufacturing Clause 8 Committee to Negotiate Guidelines for Off-the-Air Videotaping for Educational Uses 8 Section 108(i) Advisory Committee 8 Public Broadcasting Report 9 Copyright Office Regulations 9 Legislative Developments 11 Cable Television and Performance Royalties for Sound Recordings 1 1 Exemptions of Certain Performances and Displays 12 Copyright Protection for Computer Software 12 Other Legislative Activities 13 Judicial Developments 13 International Developments 17 The 17 China-United States Copyright Relations 18 International Conferences 19 Foreign Visitors 2 1 Tables

International Copyright Relations of the United States as of September 30, 1980 23 Number of Registrations by Subject Matter of Copyright, Fiscal Year 1980 27 Disposition of Copyright Deposits, Fiscal Year 1980 28 Summary of Copyright Business 29 Financial Statement of Royalty Fees for Compulsory Licenses for Secondary Transmissions by Cable System for Calendar Year 1979 30 Financial Statement of Royalty Fees for Compulsory Licenses for Coin-Operated Players for Calendar Year 1980 30 "To promote the Progress of Science and useful Arts . . . .99 Report to the Librarian of Congress by the Register of Cofights

THE COPYRIGHT OFFICE

Change is said to be the antithesis of stalemate, ing chief of the Examining Division and assistant tedium, or even stagnation. Certainly the multi- register of copyrights, and was named Register tude of changes that new copyright legislation of Copyrights in 1973. From May 1972 to Novem- necessarily caused in recent years has meant the ber 1973 she directed the Copyright Division very opposite of any of these descriptors. Fiscal of the United Nations Educational, Scientific, year 1980 was no exception, with nvo major and Cultural Organization [Unesco) in Paris. changes occurring that promise continuing vigor Throughout her career, Ms. Ringer was inti- and energetic approaches in all areas of copy- mately involved with the extensive program for right-a change in the leadership of the Copy- general revision of the U.S. copyright law. She right Office and its return to Capitol Hill. participated in the execution of a number of the studies preliminary to the drafting of the revi- sion legislation. She played a leading part in NEW REGISTER OF COPYRIGHTS drafting the revision bill and was a prinapal APPOINTED adviser to congressional committees and Mem- bers of Congress in the preparation of the legis- On May 13,1980,Librarian of Congress Daniel J. lation that culminated in the enactment of the Boorstin announced his appointment of David L (Public Law 94-553; Title Ladd as Register of Copyrights, effectiveJune 2, 17, United States Code),which took full effect on 1980. Mr. Ladd succeeded Barbara A. Ringer, January 1, 1978, as the first major revision of the who retired from the federal government on copyright law since 1909. As a leading specialist May 30, 1980, completing a career of distin- in international copyright, Barbara Rinqer guished service to the Copyright Office and the represented the United States at numerous dqb Library of Congress. lomatic gatherings and intergovernmental con- ferences on copyright matters. Presented with the Library's highest award for distinguished service Barbara Ringer in 1976, she was also the recipient of many other honors, including the President's Award for Dis- Barbara Ringer's extraordinary achievements in tinguished Federal Civilian Service in 1977, a co yright law and her work in the Copyright gold medal for "services rendered to the cause of 0P fice are widely known. Appointed to the staff copyright" bestowed by the Confederation Inter- in 1949 as an examiner, she was promoted to nationale des Sociktks D'Auteurs et Corn- successively more responsible positions, indud- positeurs (crsac) in 1978, and an award in REPORT OF THE REGISTER OF COPYRIGHTS. 1980 recognition of her accomplishments from the City complex in Arlington, Virginia, to its new Copyright Society of the U.S.A. in 1980. quarters, principally on the fourth and fifth floors, in the James Madison Memorial Building of the Library of Congress. This was accom- David Ledd plished during the period August 29 through September IS, 1980, on the basis of planning Mr. Ladd came to the Copyright Office from the that began years ago when the Copyright Off~ce University of Miami in Coral Gables, Florida, was included as part of the general design for where he was professor of law and codirector of construction of the Madison Building. Particu- theJohn M. Olin Fellowship Program in the Law larly noteworthy was the transfer of more than and Economics Center at the university. From forty million cards comprising the Copyright 1961 to 1969 he was U.S. Commissioner of Card Catalog (one of the world's largest card Patents, having been appointed to that position catalogs) from Crystal City to the new building. by President John F. Kennedy. His tenure in the .For the orderly completion of the move, with Patent Office was marked by a comprehensive only minimal disruption, particular recognition reorganization of that agency and initiatives in is given to Michael R. Pew, associate register of research for documentation and information re- copyrights; Eric S. G. Reid and Milton I. Rowe of trieval. He is the first Register of Copyrights to the Copyright Administrative Office; John S. have also served as Commissioner of Patents. Mr. Evans of the Library Environment Resources Ladd has had extensive experience in the prac- Office; and, especially, the move coordinators in tice of patent, trademark, and copyright law in each division of the Copyright Office. Chicago, Illinois, and Dayton, Ohio. He has writ- The return to Capitol Hill after more than a ten extensively and has lectured in the United decade in ViMnia is the most recent chapter in States and abroad on intellectual property sub- the 110-year history of copyright in the Library jects. His broad administrative and legal experi- of Congress. From the time of the centralization ence and his concern for furtherance of high of the copyright registration function in the performance and production standards augur Library, it operated in the U.S. Capitol Building well for the future. until it moved, together with other units of the The appointment of Mr. Ladd as Register of Library, to the new building, now the Thomas Copyrights followed the recommendation of a Jefferson Building, in 1897. In 1939 the Copy- national search committee established by the right Office was installed in what is now called Librarian of Congress. Its members were: Alan the John Adams Building when it opened, the Latman (Chairman), Professor, New York Uni- first floor of that building, with its entrance fac- versity Law School, and Executive Director, ing Pennsylvania Avenue, having been especially Copyright Society of the U.S.A.; the Honorable designed for use by the Copyright Office. Thirty Raya Dreben, Associate Justice, Massachusetts years later, on March 28,1969, trucks carried the Appeals Court; Leonard Feist, President, Na- copyright records, deposits, and furniture to tional Music Publishers' Association; Dan Lacy, Virginia in order to relieve the crowded condi- Senior Vice-President, McGraw-Hill, Inc.; Bar- tions in the Library's principal buildings. Now, at bara Tuchman, author; Robert Wedgeworth, the close of fiscal 1980, the Copyright Office is Executive Direaor, American Library Associa- once again at work on Capitol Hill. tion; and Harvey J. Winter, Director, Office of Business Practices, U.S. Department of State. REORGANIZATION AND PERSONNEL

OCCUPANCY OF THE MADISON Preceding the new Register's appointment, the BUILDING Librarian of Congress approved and imple- mented a realignment of certain functions in the A second significant change in fiscal 1980was the Copyright Office, accompanied by several per- removal of the Copyright Office from the Crystal sonnel reassignments: Michael R. Pew, formerly assistant register for automation and records, Office, for protecting the works of writers, was designated associate register of copyrights artists, composers, and other creative persons is a with responsibility, under the Register, for over- function compatible with its mission to house and all operations of the office; Dorothy M. Schrader. service the nation's intellectual resources and in addition to her present title as copyright that the proposed merger "would not serve the general counsel, was named associate register of creators of intellectual property as well as has the copyrights for legal affairs; Waldo H. Moore, Library of Congress in its more than 1 I0 years of former assistant register for registration, became stewardship." He asked that section 9 of H.R. the associate register of copyrights for special 6933, providing for the study, be deleted from programs; Anthony P. Harrison, former chief of the bill, and outlined the principal reasons for the Examining Division, was appointed assistant this request: the continuing implementation of register of copyrights, with responsibility for cer- the recent comprehensive revision of the copy- tain reports to Congress mandated by the new right law; the recent appointment of a new Reg- copyright law; and Lewis I. Flacks, previously ister of Copyrights; the current move of the special legal assistant to the Register, became office into the James Madison Memorial Build- international copyright officer. ing on Capitol Hill; and other recent reviews of The Copyright Office also lost through re- the office's operations, The Librarian referred to tirement a number of other people with diverse previous consideration of similar proposals and accomplishments and many years of devoted ser- the consistent decisions "to continue the working vice: Mary Brewster, Dorothy P. Keziah, Mary F. partnership between the Library and the Copy- Lyle, Thomas H. Nichols, Ann Palmer, Robert right Office, which has served both organizations D. Stevens, and Vincent J. Wintermyer. and the public well for over 100 years." The ultimate conclusion, Dr. Boorstin stressed, is that despite the office's additional responsibilities under the new copyright law, "Congress wisely perceived that the fundamental mission of the Of critical and immediate concern to the new Copyright Office remained the same, and that Register and to the Library of Congress was a bill neither the office nor the Library should sever before the 96th Congress, H.R 6933, whose their productive partnership." principal purpose was to amend the patent and In an address prepared for contempora- trademark laws. Section 9 of the bill, however, as neous delivery, the Register elaborated on the reported to the House of Representatives by the reasons advanced in opposition to the proposal Committee on the Judiciary on September 9, contained in section 9 of H.R 6933 and ex- 1980, provided that the Comptroller General plained the close cooperation that exists today was to submit to the Congress and the President between the Copyright Office and other parts of no later than July 1, 1981, a report analyzing the the Library of Congress: '"I'hc Copyright Office efficienq of the Copyright Office and the Copy- participates in the top management councils of right Royalty Tribunal and making remmmen- the Library; the Register of Copyrights is also the dations as to whether these two entities should be Assistant Librarian of Congress for Copyright merged with an independent Patent and Trade- Services and reports to the Librarian of Congres mark Office. rather than to any intermediate level of manage- The bill was then sequentially referred to ment; and the Library, drawing upon the sophis- the House Committee on Government Opera- ticated and concerned support of the schdarly tions, before whose Subcommitteeon Legislation and library community, as well as the legal com- and National Security the Librarian of Congress, munity, backs the Copyright Office splendidly." Daniel J. Boorstin, and the Register. David Ladd, Mr. Ladd referred to the integration of the Copy- appeared on September 17,1980. right Office's record-keeping function, including Dr. Boorstin's statement to the subcommittee its cataloging, with the national bibliographic role emphasized that the responsibility of the Library of the Library of Congress. He pointed out that of Congress, as carried out by the Copyright today the Copyright Office's cataloging is not only serving the bar and copyright industries but were in large part the result of the division's also provid~ngbasic cataloging for many of the initiative in searching out new ways of stream- Library's special collections; that this cooperative lining and modifying certain procedures in order effort avoids duplication of work and expense, to cope with the mounting workload without cor- expedites library cataloging, and meets the spe- responding staff increases. cial needs of particular collections quickly and The Deposits and Acquisitions Section con- economically; that advances in technology will tinued to enforce the deposit requirements of soon accelerate this cooperation, with access to section 407 of the copyright law, bringing to more copyright records attainable through the Li- than $1 million the value of materials acquired brary's computerized, on-line retrieval system; for the Library of Congress through this means. that the new copyright statute also makes copy- With reductions in funds available for acquisi- right interests more dependent upon the deep tions, the Library's collections would suffer resources of the Library of Congress; and that greatly were it not for the materials it acquires since 1870, when the copyright deposit and reg- through copyright istration function was placed in the Library of The active role of the Deposits and Acquisi- Congress, every Librarian of Congress and every tions Section is also illustrated by the variety of Register of Copyrights has perceived the relation demands placed upon it. During the year claims of copyright to the vitality of our society. were received from the Library's Collections On September 18, 1980, the subcommittee Development Office, Serial Division, Serial Rec- by unanimous vote deleted section 9 from H.R ord Division, Acquisitions and Overseas Opera- 6933. The bill, with the provision in question tions Office, Cataloging in Publication Division, deleted, was subsequently enacted. Exchange and Gift Division, Order Division, and Selection Office, as well as from recommending officers and reference specialists throughout the WORKLOAD AND PRODUCTION Library. As a result of the large volume of requests needing expeditious handling, the Li- Overall workload continued to climb in fiscal brary's Acquisitions Committee aided in the 1980. Registrations reached an all-time hig& establishment of priorities for requests. 464,743, as contrasted with 429,004 in 1979. The The Fiscal Control Section processed earlier record was achieved in fiscal 1977, the last 190,610 separate remittances in fiscal 1980, a 4 full year of operations under the previous law, percent increase over fiscal 1979. In addition, a when total registrations were 452,702. total of more than $398,000 was returned to This increase is reflected in registrations for remitters in the form of some 25,000 refund both published and unpublished works and checks; these figures, which are four times renewals as well: 293,143 published works were greater than in any previous year, largely repre- registered in fiscal 1980 (280,270 in 1979), sent monies deposited for registrations that were 138,618 unpublished (121,733 in 1979), and not made and reflect the extent to which the 32,982 renewals (27,001 in 1979). Mail processed Copyright Office has cleared the backlog of reached the staggering figure of 1,906,227 pending cases that accumulated after the new piece-21 percent higher than in fiscal 1979. copyright law took effect in 1978. Earned fees were also a record: $4,828,024.10.

Acquisitions and Processing Divisiom Full implementation of the team structure Fiscal year 1980 saw the achievement of the high- adopted in the 1976 reorganization plan, with est reduction in several areas of the Acquisitions evenly staffed teams, permanent team leaders, an'I= Processing Division. This surging volume of and section attorneys, strengthened the Examin- work came in a year of fiscal restraints and more ing Division in fiscal 1980. Correspondence staff changes than usual, including loss of some problems were alleviated at least in part by pm rtaff because of the move to Capitol Hill. The gress in the office's automated correspondence ~~complishmentsin the face of these barriers management system. REPORT OF THE REGISTER OF COPYRIGHTS. 1980

Registrations based on the deposit of phono- rial were singled out for abbreviated entries. The records instead of copies appeared to be increas- division ceased supplying contents tides for un- ing. Many unpublished musical compositions published sound recordings, and entries were were deposited in cassette tape form. Exarnina- shortened for telephone books, aty directories, tion of these was facilitated by the acquisition of trade catalogs, and other advertising items. additional cassette piayen. Changes were effected also in the Copyright The division developed procedures for im- Office's printed catalogs. Plans were completed plementing the decision in November 1979 to for restructuring the Catalog 4 Copyright En6rics register answer sheets submitted for copyright. (CCE) into a dictionary catalog available only in Receipt of appljcations for registration of claims a microform format, beginning with the 1979 in computer programs in which integrated circuit issues. Through use of a computer output micro- chips formed part of the deposit has necessitated form (COM) device the computer tapes produced further inquiry into the relationship of chips to by the COPICS system wiH be used to drive the copyrightable authorship in computer programs. COM machinery and will produce the catalogs in Other special examining issues arose in connec- a microfiche format. tion with claims for educational tests and daims involving calligraphy, choreographic works, and Information and Reference Division certain screenplays. The Renewals and Documents Section of As the focal point in the Copyright Office for the Examining Division faced its traditionally providing information to the public and for copy- heavy workload in the first months of the calendar right reference service, the Information and year. A considerable number of publishing houses Reference Division responded to a rising work- and other organizations that represent authors load. The Information and Publications Won submitted in january renewal claims for the assisted a record number of 7,595 visitors to the entire calendar year in order to register their Copyright Office, designed and inaugurated the claims early in the renewal year. This caused use of new information circulars, responded problems in maintaining an even workflow in the with individual replies to inquirers whose queb renewal examining process during the first part tions required special attention, participated in of the calendar year. workshops on copyright, and dealt with a heavy Among the most noteworthy claims received telephone load. Hours of public service were and registered were those for the original changed, after the move to the Madison Build- Russian-language edition of Solzhenitsyn's Gulag ing, to conform more nearly with the hours of Archi elago, on behalf of the author as claimant, other public services in the Library of Congress. and Por a book entitled Browning's Trumpeter: The The new hours of service for the public facilities Correspondence of Robert Browning and FrMJ. of thecopyright Office are 8:SO A.M. to 5:00 P.M., Funzival, 1872-1889, containing 107 of Brown- Mondays through Fridays (except legal holidays). ing's previously unpublished letters, the publisher A traveling information exhibit was designed having obtained the rights in the letters through for use at conferences and workshops on copy- a written agreement with the poet's successors in right. Over twelve thousand information kits ti&. were assembled and distributed, the mailing list was reviewed and somewhat reduced, and Cataloging Division improvements were made in the storage of puMi- cations-another advantage accruing from the The Cataloging Division continued to seek en- move to the Madison Building. hancements to the automated Copyright Offia The Referena and Bibliography Section Publication and Interactive Cataloging System successfully implemented the team structure (COPICS),studied the feasibility of adopting the approved near the end of fiscal 1979. As in the second edition of the Anglo-American Cataloguing past, searches were requested by the public, Rules, and established quality and quantity pre including both creators and usen of copyrighted duction standards for most of the division staff. material, to determine whether a work is still As the result of alterations in the rules for under copyright proteaion, to identify the copy- copyright cataloging, various categories of mate right owner in order to know from whom to seek REPORT OF THE REGISlTR OF CO?YRlGm. 1980 rights in the work or permission to use it, to permanent transfer to the Library's collections, compile lists for use in settlingestates, to deter- helped the Cataloging in Publication Division in mine total assets for purchase or bankruptcy pr+ a project to determine whether or not publishers ceedings, to compile a bibliography of an author's are fully complying with that program, and par- work, to investigate taxable income, or to gather ticipated in the Library's effort to update its reg-' information for use in an infringement suit or ulations on custody of various collections. for inclusion in a contract. A statutory charge During fiscal 1980 the Deposit Copies Unit of $10 per hour is required for the Copyright processed 427,287 items into the copyright col- Office to search its records; total search fees in lections, representing a growth rate of 8 percent fiscal 1980 amounted to more than $107,000. over the number of such items last year. Despite the numerous complexities in the A total of 1,639,263 catalog cards were filed search process, the section maintained a tw+t+ into the Copyright Card Catalog during the year, four-week turnaround time in its responses. and considerable time was spent revising and There were 11,028 searches during fiscal year expanding the Catalog, a task that should.,be 1980, involving 106,913 titles. In addition, the easier now that there is more space in the new staff responded to many telephone requests not location. requiring searches and assisted 966 visitors in the use of the Copyright Card Catalog. Assistance was also provided to other units of the Library of Licensing Division Congress, including the Photoduplication Ser- vice, the Congressional Research Service, and The Licensing Division was able to maintain a the Music Division. relatively current workload owing to practical There was an increase in the overall work of experience gained during the past two years in the Certifications and Documents Section. The the compulsory licensing of jukeboxes and cabk work product of this section, much of which is television systems. The statutory obligations to used in connection with active litigation, included process jukebox applications within twenty days the preparation of 5,872 additional certificates, and to process Statements of Account by cable 1,303 certifications of various Copyright Office systems before the Copyright Royalty Tribunal records, and 1,664 requests for the inspection of distributes the royalty fees the following year deposits and correspondence. It is interesting to were met, and by the end of the fiscal year the note that there were 274 requests for the inspec- division was current in handling jukebox appli- tion of correspondence files, a figure more than cations for the 1980 licensing year and State- double that of the previous fiscal year. ments of Account for the 1979 licensing year. A total of 3,687 cable television statements for the first accounting period of 1980, which closed Records Management Division June 30, 1980, were filed in the Licensing Divi- sion on August 29,1980, and statements for the Preparation for the physical move to the Madi- second accounting period bf calendar 1980, son Building necessarily was a major undertak- which will close on December 31, 1980, will be ing for the Records Management Division. This filed on March 1,198 1. The division continues to complex activity included inventorying the rec- receive royalty fees for prior licensing years, as ord books, preparing for the massive task of the result of litigation by copyright owners against moving the Copyright Card Catalog, and follow- those owing additional amounts or in conse- ing through on a multiplicity of essential details. quence of the division's determination that larger The staff of the division assisted in the work royalty fees are due. Since 1978, over $42 million of the Advisory Committee on the hpanded in cable and jukebox royalty fees was invested Use of the Copyright Deposit Collection, formed pursuant to law, pending distribution by the by the Library, which was considering a number Copyright Royalty Tribunal to the copyright of recommendations as the fiscal year ended. In owners. addition, the division contributed to a report on The provisions of the new copyright law on the preservation needs of the Library, assisted public performances of recorded music by juko the selection officer in recalling deposits for boxes took effect on January 1,1978. In that year REPORT OF THE REGISTJZR OF COPYRlGHTS. 1980 the division licensed 144,368 jukeboxes. This cataloging of subsequent issues of the same serial. figure decreased to 138,029 machines in 1979, The Planning and Technical Offie partici- and there was a further decrease to 132.787 in pated in the automation studies of the Library of 1980. Congress aimed at determining the future direc- Communications technology is moving tion of information retrieval systems within the swiftly in the field of cable TV, and correspon- Library. Reports were produced on a variety of dence regarding distant signal values, refund technical questions, and work is continuing on requests, and general amendments to statements such issues as the capability of searching multiple was required for about one-third of the cable TV files with a single query and the possibility of systems that filed more than 7,700 Statements of coordinating technical command languages in the Account in calendar year 1979. Library systems with general standards in private Financial statements relating to the jukebox industry. The Planning and Technical Office has and cable television activities of the division also been represented on Library committees appear in tables at the end of this repon concerned with the future of card catalogs.

AUTOMATION COPYRIGHT OFFICE PUBLICATIONS

The Copyright Office continued to assign high One of the most important recent scholarly pub- priority to extending the application of auto- lications of the Copyright Office is the four- mated techniques to its work. The pracess volume work, issued this year, entitled Decishm developed particular momentum in connection of the United States Courts Involving C-ght and with the expansion of phase 2 of the Copyright Literarj Prop*, 1789-1909, with an Analytical In-Process System (COINS).This phase, a Cor- Index. The first three volumes, compiled and respondence Management System (c~s),now edited under the direction of Wilma S. Davis, has the capability of tracking correspondence contained the text of judicial and administrative in the Information and Reference Division, the decisions concerning copyright and literary Examining Division, and the Acquisitions and property which interpreted the copyright law of Processing Division. The ultimate objective, of the states and of the federal government prior to course, is the eventual ability to track all work 1909. The fourth volume, prepared by Mark A. through the registration workflow. Functional Lillis, provides access to legal opinion with ref- specifications have been prepared for phase 3, erence to more than 300 pertinent categories, which will involve placing bar-code .labels on together with indexes to the titles of the works every application and tracking all fee-service identified in the decisions reported and to the material as it is processed through the office. names of the more than 500 participating judges Computer-assisted tracking control and account- and some 450 notable persons in the world of ing should mean eventual savings in time and literature, art, and music mentioned in the cases. staff. The specifications for phase 3 were being Thus, for example, one finds under the name reviewed at the end of the fiscal year, and Laura Keene and under the title Our American determination of equipment requirements was Cm'n three court cases involving the literary also under way. property in this drama, produced by Miss Keene, The automated retrieval of copyright records an actress who was also the first important is aiso becoming a reality. After three years of woman theatrical manager in America. The play pllnning and preparation, automated retrieval was being performed at Ford's Theatre on April of part of the COPICS 11 data base is now possible 14, 1865, when Lincoln was shot. The entire through the Library's SCORPIO system. Records four-volume set, of value to lawyer and to scholar contained in the monograph file have been avail- in the arts alike, is on sale by the Superintendent able for on-line searching since July 1980, and the of Documents, U.S. Government Printing Office, Copyright Office staff can ngw also benefit from for $50. Also, this new set forms a part of the display of the serials history file, which permits larger series of volumes which covers the period the use of a previously created entry for the 1789 to 1976; this larger group, which consists of 8 REPORT OF THE REGISTER OF COPYRIGHTS, 1980 twenty-nine volumes (induding the four new vol- Committee to Negotiate Guidelines for umes), is available from the same source for $195. Off-the-Air Videotaping for Educational Uses The office has published the Cacmdance of the C@ght Law ofthe United Stutcs, as Enacted on The ad hoc committee formed in 1979 by the October 19, 1976, a 344-page volume available Houie Judiciary Subcommittee on Courts, Civil from the Superintendent of Documents for $7. Liberties. and the Administration of Tustice con- This comprehensive alphabetical list of all the tinued i& discussions of possibled guidelines words employed in the statute (with the excep on fair use for broadcast audiovisual works. tion of prepositions, conjunctions, and the like) Anthony P. Harrison, assistant register, and makes it possible to readily find all the places in Marlene Morrisey, special assistant, aided in the the law where each particular word is used. work of this group. The committee met on four Parts of the C&g ofC+ynght Enhies, Fourth occasions in fiscal 1980: November 27, 1979; Series, Volume 1, issued during the fiscal year December 18,1979; February 13,1980; and Sep were: Part 2, Number 2, Serials and Periodicals, tember SO, 1980. Representatives of both the July-December 1978; Part 3, Number 3, Perform- educational interests and the copyright proprie- ing Arts, July-September 1978; Part 4, Number 2, tors were making efforts at year's end to find Motion Pictures, July-December 1978; Part 5, workable solutions to the continuing complex Number 2, Visual Arts, July-December 1978; Part issues-answers that would provide adequately 6, Number 2, Maps, July-December 1978; Pan 7, for dassroom and other educational needs and at Number 2, Sound Recordings, July-December the same time ensure proper protection of copy- 1978; and Part 8, Number 2, Renewals, July- righted works and remuneration for authors and December 1978. other copyright proprietors.

Section 108(i)Advisory Committee SPECIAL ACTIVITIES In preparation for the five-year review ofphot* A number of special activities occupied the atten- copying practices required by section 108(i) of tion of the office during the year. the 1976 copyright law, the Copyright Office continued to consult with the advisory committee established in 1978 to advise the Register in con- The Manufacturing Clause nection with plans and preparations for the review.. Members of the advisory committee are The so-called manufacturing clause has been a representative of the author, information, li- significant and controversial feature of American brary, publishing, and user communities. copyright law since 1891. Under this provision of Final preparation of the Request for Pro- law in its present form, certain nondramatic liter- posal was made for a contractual survey "to pm- ary works by U.S. citizens or domiciliaries must vide the Register of Copyrights with data and be manufactured either in the United States or analyses thereof to assist in the determination Canada in order to enjoy the full protection whether 17 U.S.C., section 108, has achieved a of the copyright law. Pursuant to the present balancing of the rights of creators of copyrighted statute, this limitation will expire on July 1,1982, works and the needs of users who receive copies unless the law is amended. At the request of or phonorecords of those works in accordance Congress, the Copyright Office has begun a with that section of the copyright law." On Sep study of the impact which the elimination of this tember 30, 1980, a contract was made with King provision of law would have on the U.S. book Research, Inc., to "collect and evaluate data manufacturing industry, including labor rates regarding the reproduction of copyrighted works and industry conditions generally. As the fiscal (by photocopying and related methods of repli- year ended, plans were being made for a hearing cation) in public, university, research, govern- to be conducted by the Copyright Office and for ment and business libraries, by the library staff, a study to be made preparatory to the issuance of on unsupervised machines, and on copying ma- a I-~~oR. chines elsewhere in the surveyed organizations; REPORT OF THE REGISTER OF COPYRIGHTS, 1980

the effect of the law on such photocopying; and requests &om foreign libraries; and (9) identi- the effects of the law and the photocopying on fication of problems and suggestions for their authors, other copyright proprietors, libraries, resolution. and users." Early in fiscal 1980 a series of regional hear- ings began for the purpose of assembling infor- Public Broadcasting Report mation concerning the effect of the new law on library procedures, user access to information, Section 118 of the new law establishes special patterns in the publishing-industry,and relation- provisions affecting the use of certain types of ships with authors. The first hearing was held on works in programs transmitted by noncommer- January 19,1980, in conjunction with the annual cial broadcasters. In the case of nondramatic lit- midwinter conference of the American Library erary works, Congress decided to encourage the Association, followed by the hearing on March formation of voluntary licensing agreements 26, 1980, in Houston, Texas, during the annual between public broadcasting entities and copy- meeting of the American Chemical Society. right owners. To provide a means by which it Hearings took place in Washington, D.C., on could determine the extent to which such volun- June 11 and June 20, 1980, during the annual tary agreements were reached and whether the meetings of the Special Libraries Association and agreements were successful, Congress declared the Medical Library Association, respectively. that the Register of Copyrights should consult The most recent hearing was on October 8,1980, with these two groups and then submit a report in Anaheim, California, where members of the to the Congress. On November 7,1979, the Copy- American Society for Information Science were right Office held a public hearing with represen- assembled. Hearings are scheduled for January tatives of authors, publishers, public broadcasting 28 and 29, 1981, in New York City. These hear- entities, and the general public which focused on ings provide an opportunity for librarians, pub- a voluntary licensing agreement reached by the lishers, teachers, and others concerned with the Public Broadcasting Service and National Public photocopying of copyrighted material to testify Radio with the Assodation of American Pub- before a Copyright Office panel on their experi- lishers and the Authors League of America, Inc. ence under the provisions of the new copyright On January 7, 1980, the Copyright Office sub- law and on any problems that may have arisen as mitted to Congress its Publu Brwdcasting Repmt, a result of the new law. Comments have been 96th Congress, 2d Session [Committee Print No. sought on such issues as: (1) the extent to which 9, 19801, relating to the public hearing and vd- section 108 may have altered library procedures untary agreement. and its effect on public access to information; (2) its effect on established patterns in the pub- lishing industry and the relationship between COPYRIGHT OFFICE REGULATIONS authors, libraries, and library users; (3) its effect on the type and amount of copying performed The copyright law expressly requires or autho- by the library on its own behalf or on behalf of rizes the Register of Copyrights to implement users and any changes experienced by publishers general statutory provisions with detailed regu- and authors in the number of requests from li- lations on specific points. Section 702 affords the braries to reproduce works; (4) the manner in Register general authority with respect to "the which the Copyright Clearance Center has administration of the functions and duties made affected libraries, users, and publishers; (5) the the responsibility of the Register under this title." impact, if any, of section 108 on reproduction of Section 701(d) makes all actions taken by the nonprint materials; (6) the effect of the National Register (except those involving reproduction of Commission on New Technological Uses of Copy- copyright deposit copies) subject to the Admin- righted Works (CONTU)guidelines on library istrative Procedure Act. practices; (7) views concerning the relationship Section 202.1 (c) of existing Copyright Offm between section 107 ("fair use") and section 108 Regulations includes "blank forms" among those ("reproduction by libraries and archives"); works identified as not being subject to copyright. (8) treatment of foreign copyrighted works and Because of concern that the generic term "blank 10 REPORT OF THE REGISIXR OF COPYRIGKIS. 1980 formsn may not provide sufficient guidance re- hearing concerned design elements such as the garding whether a specific work is copyrightable, arrangement orjwtaposition of text matter, pic- the Copyright Office initiated a Notice of Inquiry torial matter, or combinations of text and picte . on December 5,1979, in order to review its prac- rial matter on a page or a group of pages, and tices relating to blank forms. The notice invited certain elements of typography. The matter was the public to submit comments to assist the office still under consideration at the close of the year. in evaluating these practices and possibly revis- Under section 407 of the copyright law, the ing the regulation. After review of the comments owner of copyright or of the exclusive right of received in response to this inquiry, the office publication in a work published with notice of concluded that the principle of the existing regu- copyright in the United States must deposit two lation remains valid under the current law and, copies of the work (or, in the case of sound on September 24, 1980, terminated the inquiry. recordings, two phonorecords) in the Copyright A substantial portion of the office's regula- Office for the use or disposition of the Library of tory activity since the revision act went into effect Congress. The regulations of the Copyright has been devoted to the regulation implement- Office may exempt certain categories of material ing section 115, which provides for a compulsory from these mandatory requirements or may license for making and distributing phonorec- require the deposit of only one copy or phone ords. The compulsory license permits the use of record with respect to particular categories. The a copyrighted work without the consent of the law requires that the deposit be made within copyright owner if certain conditions are met three months after first publication with notice in and royalties paid. Section 115 directs the Copy- the United States; failure to deposit does not right Office to issue regulations governing the affect the copyright in the work but may subject content and filing of certain notices and State- the owner of copyright or owner of the right of ments of Account under this section. At the end publication to fines and other monetary liability of fiscal 1979 the Copyright Office reached ten- if deposit is not made after a written demand for tative conclusions on the principal points in issue the required deposit has been issued by the Reg- which were described and discussed in a back- ister of Copyrights. The mandatory deposit ground paper. This background paper formed requirement applies not only to works first pub- the basis for an informal discussion of the issues lished with notice of copyright in the United at a public meeting held on October 19, 1979. As States but also to works published with notice of fiscal year 1980 ended, final regulations had copyright in the United States after first publica- been drafted and steps were being taken to issue tion in a foreign country. On July 25, 1980, the them. Copyright Office announced that it has deaded Section 4 10(a)of the law authorizes the Reg- to resume a policy of enforcing the deposit ister of Copyrights to issue a certificate of regis- requirements against foreign books and other tration, after determining that the deposited printed works published in the United States material constitutes copyrightable subject matter with notice of copyright. and that the other legal and formal requirements Section 11 1 prescribes conditions under for copyright registration have been met. The which cable systems may obtain a compulsory scope of copyrightable subject matter is governed license to retransmit copyrighted works. One of by section 102, which generally provides copy- the conditions is the semiannual filing by cable right protection for "original works of author- systems of Statements of Account. Final regula- ship fmed in any tangible medium of expression." tions concerning Statement of Account submis- Section 202.1 (a) of the Copyright Office Regula- sions were issued during fiscal 1978. On July 3, tions prohibits registration of "mere variations of 1980, the Copyright Office issued revised final typographic ornamentation, lettering, or color- regulations adopting certain technical and clan- ing." On October 10, 1979, the Copyright Office fying amendments relating to: (1) date or dates held a public hearing designed to review this of receipt; (2)time limitations for filings; (3)frac- regulation as it pertains to the registration of tionalization of distant signal equivalent values; claims to copyright in graphic elements involved (4) computation of distant signal equivalents; in the design of books, periodicals, brochures, and (5) corrections, supplemental payments, and and other printed publications. In particular, the refunds. REPORT OF THE REGISTER OF COPYRIGHTS, I980

Paragraph f of section 4 11 of the copyright vice for the Blind and Physically Handicapped of law provides for the service of advance notices of the Library of Congress. potential infringement for the purpose of pre- On September 17, 1980, the Copyright venting the unauthorized use of certain works Office, in compliance with the Privacy Act of that are being transmitted "live" at the same time 1974 [15 U.S.C. $552(e)(4)],published its annual that they are being fixed in tangible form for the notice of the existence and character of its sys- first time. On July 3 1,1980, the Copyright Office tems of records. The office last published the full issued a proposed regulation governing the con- text of its systems of records during fiscal 1978. tent and manner of service of the advance No changes have occurred, and the systems of notices. At the end of the fiscal year the Copy- records remain in effect as published at that time. right Office was preparing a final regulation. Paragraph f of section 704 entitles the Li- brary of Congress to select any deposits of LEGISLATIVE DEVELOPMENTS unpublished works submitted in connection with copyright registration for its collections or for Despite enactment of omnibus copyright revision transfer to the National Archives or to a federal legislation effective in 1978, substantial congrxs- records center, in accordance with regulations sional activity in the copyright field continued prescribed by the Register of Copyrights. On during fiscal 1980. While several proposals in- June 19, 1980, the Copyright Office issued a volved matters that might be considered pan of final regulation establishing procedures for this the unfinished business of copyright revision, transfer of unpublished copyright deposits. The others reflected new concerns resulting from the regulation permits the Library of Congress to legislation, from technological and industrial select any deposits of unpublished works at any developments, and from judicial interpretation time before a request for full term retention of the act. under control of the Copyright Office has been granted by the Register of Copyrights in accor- dance with section 704(e). A facsimile reproduc- Cable Television and Performance Royaltiea tion of the entire copyrightable content will be for Sound Recording made, however, before transfer of the deposit to the Library of Congress, unless, within the di On November 15.26, and 27, 1979, the House cretion of the Register, it is considered imprac- Judiciary Subcommittee on Courts, Civil Liber- tical or too expensive to make the reproduction; ties, and the Administration of Justice held it is anticipated that these latter instances will be public hearings related to (1) the copyright com- exceptional. The Library will take appropriate pulsory license contained in section 111 covering measures to protect the transferred copy or pho- certain secondary transmissions by cable tele- norecord of the work against any infringement of vision systems and (2) H.R 997, 96th Congress, copyright while the deposit forms a part of its 1st Session (1979), introduced by Rep. George E. collections. Danielson, to amend the copyright law to create a Section 710 directs the Register of Copy- public performance right with respect to sound ri hts to establish procedures by which the owner recordings. On November 15, 1979, Barbara o Bcopyright in a nondramatic literary work may, Ringer, then Register of Copyrights, testified at the time of copyright registration, grant the before the subcommittee concerning these issues. Library of Congress a license to reproduce and In addition to reiterating her support for the distribute the work for the use of the blind and general principle of performance rights in sound physically handicapped. The Copyright Office recordings and H.R 997 in particular, Ms. Ringer issued a final regulation during fiscal 1978 offered the following suggestions concerning the implementing this provision. On February 28, cable television compulsory license: 1980, the Copyright Office made certain techni- cal amendments to the final regulation in order 1. Con ress should "expressly mandate the to reflect the change in the name of the Division Copyrig1 t Royalty Tribunal to undertake an for the Blind and Physically Handicapped of the inquiry into 'all aspeas of the operation of section Library of Congress to the National Library Scr- 11 1 and chapter 8 of tide 17 with respect to REPORT OF THE REGISTER OF COPYRIGHTS, 1980

secondary transmissions made to, by means of, copyrighted works by instructors or pupils in the or from communications satellite systems.' " course of face-to-face teaching activities. Clause (4) of section 110 contains a broad 2. Congress should "enact legislation giving the exemption to the exclusive right of public per- CRT [Copyright Royalty Tribunal] subpoena formance; H.R. 7448.96th Congress, 2d Session powers in both its royalty distribution and rate (1980). introduced by Rep. Barber B. Conable, .. adjusting functions." would further widen this exemption to allow nonprofit educational institutions to pay fees to 3. The .Subcommittee also "should consider performers, promoters, or organizers of certain -whether to remove the constraints now imposed performances without the actions of the institu- on'the CRT'S authority to adjust rates in response tions constituting infringements of copyright. to changes in FCC rules. The Copyright Office Finally. H.R. 6262, 96th Congress, 2d Session would favor broader ratemaking authority than (1980). introduced by Rep. Richard Kelly, would that now provided in section 801(b)(2)(B)and authorize, under section 110, the nonprofit use (C)." of copyrighted works in general and would also broaden the educational, religious, and other 4. The Subcommittee may wish to consider an exceptions in particular. amendment limiting the scope of seaion 1 11 (a)@) to exclude transmissions made to, by means of, or from a communications satellite system. Copyright Protection for Computer Software

Although the House Judiciary Subcommittee The issue of liability for computer uses of copy- began mark-up of H.R. 997, the process was righted works was not resolved before passage of suspended before completion. The year dosed the new copyright law in 1976. Because of this, without any further legislative activity on these Congress directed the National Commission on issues. New Technological Uses of Copyrighted Works (CONTU)to study the emerging patterns in the computer field and, based on their findings, rec- Exemptions of Certain Performances ommend definitive copyright provisions to deal and Displays with the situation. In the interim, section 117 of the statute is intended neither to cut off any Several bills were introduced in the House and rights existing under the act of 1909, nor to create the Senate seeking to broaden three exemptions any new rights that might be denied under the found in section 110 of the copyright statute. Of 1909 act or under applicable common law princi- these, S. 2082,96th Congress, 1st Session (1979). ples. On July 31, 1978, CONTU issued its final introduced by Sen. Edward Zorinsky, would report, which included proposals to amend the amend section 110 by adding a new subsection copyright law- H.R. 6934.96th Congress, 2d Ses- which would exempt nonprofit veterans' organi- sion (1980), entitled the "Computer Software zations and nonprofit fraternal organizations Copyright Act of 1980" and introduced by Rep. from royalties for the performance of musical Robert W. Kastenmeier, adopts many of CON- works in the course of their activities. The Senate TU's proposals. This bill would amend section Judiciary Subcommittee on Improvements in 101 of the act to add a specific definition of Judicial Machinery conducted a public hearing "computer programs" and would amend section on the subject on August 20, 1980. The year 117 to provide authorization for making copies closed without any further activity on the bill. or adaptations of computer programs in limited A similar bill, H.R. 6857,96th Congress, 2d Ses- cases and under certain conditions. The bill also sion (1980), was introduced by Rep. Brian J. provides that: Donnelly. This proposal also would expand the educational exemption found in section 1lO(1) Any exact copies prepared in accordance with the provisions of the copyright statute by exempting profit- of-this section [117] may be leased, sold. or otherwise trans- making educational institutions from copyright ferred, along with the copy from which such copies were liability for certain performances or displays of prepared, only as part of the lease, sale, or other transfer of REPORT OF THE REGISTER OF COPYRIGHTS. 1980 all rights in the program. Adaptations so prepared may be 96th Congress, 2d Session (1980), introduced by transferred only with the authorization of the copyright Rep. Frank Thompson, Jr. This bill would give owner. employers and performers in the performing arts the same rights given by section 8(f) of the The House Judiciary Subcommittee con- NLRA to employers and employees in the con- ducted public hearings on this bill on April 3, struction industry. 1980, and May 8,1980. The bill was later merged Legislation concerning the unauthorized by the House Judiciary Committee with H.R. interception and use of subscription television 6933, 96th Congress, 2d Session (1980), which signals was proposed in Congress and enacted in pertains primarily to patent and trademark law. the state of California. Subscription television is 7%e fiscal year closed without any further activ- a system by which pay television programming ity on the provision in question. (motion pictures, sporting events, etc.) is trans- mitted over the air in scrambled form. These signals are receivable in intelligible form by Other Legislative Activities members of the public having decoder boxes capable of unscrambling the signal. Rep. Rich- Several bills were introduced in Congress pro- ardson Preyer introduced H.R 7747,96th Con- posing tax incentives in the fields of the arts and gress, 2d Session (1980), which would add a new humanities. H.R. 5650, 96th Congress, 1st Ses- section to the Communications Act of 1934 sion (1979), introduced by Rep. Robert A. Roe, making any person who knowingly attempts, modifies the restrictions contained in section conspires, or carries out an unauthorized inter- 170(e) of the Internal Revenue Code by adding a ception of a subscription telecommunication new paragraph to state that: subject to civil or criminal penalties or both. In addition, AB 3475 (1980), introduced by West any literary. musical, or artistic composition, or similar prop Los Angeles Assemblyman Me1 Levine and signed erty, which was created by th-e personal efforts of the tax- into law by the Governor of California, prohibits payer shall not be reduced by the amount of appreciation of such property, and the whole amount of such charitable the manufacture, distribution, or sale of un- contributions shall be taken into account. . . [and] treated aa authorized decoder boxes capable of unscram- if the property contributed had been sold at its fair market bling over-the-air pay television signals. The law value. provides for a fine of $2,500 or imprisonment in a county jail for up to ninety days for not only the The Artistic Tax Equity Ad of 1979, H.R manufacturers, distributors, and sellers of the 7391, 96th Congress, 2d Session (1980), intm decoders, but also those who handle unautho- duced by Reps. Ri&ard A. Gephardt, Chris- rized decoder plans or kits. Another state law topher J. Dodd, and A. Toby Moffett, has concerning the unauthorized use of motion pic- components dealing with credits against estates tures is Oregon House Bill 3 166 ( 1979). The act for certain art works, credits for certain charit- makes it unlawful for anyone to produce or sell able contributi~ns of literary, musical, and -unauthorized videotape recordings of motion artistic works; and the extension of the presump pictures. Violation is a class B misdemeanor. tion period allowed artists against "hobby loss" treatment. Rep. Frederick W. Richmond intm duced H.R 8038, 96th Congress, 2d Session JUDICIAL DEVELOPMENTS (1980), which provides credits for certain charit- able contributions of literary, musical, and During fiscal 1980 several opinions were reported artistic contributions similar to H.R 7391; which did or will affect the Copyright Office. credits under H.R. 8038, however, are limited to Among them were cases concerning the copy- maximum contributions during the taxable year rightability of computer programs, various items of $35,000. of jewelry, certain belt buckles, and sexually An amendment of the National Labor Rela- explicit motion pictures. The provisions of the tions Act (NLRA)was the subject of H.R. 7402, 1976 Copyright Ad concerning terminations of REPORT OF THE REGISTER OF COPYRIGHTS. 1980 transfers and copyright considerations in Free- After winning below, Cinema Adult Theater, dom of Information Act claims were also the for reasons not discussed in the opinion, elected subjects of judicial decisions for the first time. In not to appear on appeal. The court. having the addition, several cases considered the propriety benefit of only plaintiff-appellant's brief and of various actions of the Copyright Off~icc. argument,' reversed the judgment below and Copyrightability questions were raised in held that an infringement defense bkd on a four actions of interest to the office. Decisions work's obscene content could not successfully be about copyrightability were reached in only two interposed without reaching the question of of them: Kieselsterit-Cord u. Accessories by Pearl, whether the film was obscene. The Fifth Circuit's Inc., Copyright L Rptr. (CCH) 125,189 (2d Cir. opinion noted that the [former] statutory lan- Sept. 18, 1980); and Mitchell Bros. Film Group u. guage concerning copyright, "all the writings of Cinema Add Theater, 604 F.2d 852 (5th Cir. 1979), an author," was on its face all-inclusive, with no in which the U.S. Supreme Court, sub nom., Born clear exception of any type provided, and then v. Mitchell Bras. Film Group, 48 U.S.L.W. 3569 cited the well-settled rule that aesthetic judg- (Mar. 3, 1980), refused to review the appellate ments are not relevant to considerations of copy- decision. In the other cases, Data Cash Systems, right. According to the court, any attempt to Inc. v. JSeA Group, ~nc.,Copyright L Rptr. relate obscenity to copyright would be subject to (CCH) 125,183 (7th Cir. Sept. 2,1980), and Nom many difficulties, including the virtual impossi- Stylings, Inc. v. Ringer, CV79-3798 (C.D.Cal. bility of applying local obscenity standards, in Aug. 12, 1980), defendants prevailed without accordance with Miller v. Calqornia, 4 13 U.S. 15 the merits of the copyrightability issues having (1973), to the national copyright system. The been finally determined. court also pointed out that one era's pornog- The copyrightability of three-dimensional raphy becomes great literature for the next, cit- utilitarian objects which arguably embody works ing the poetry of Byron and Shelley and such of art has been the subject of relatively frequent works as Ulysses and God's Little Acre. The result litigation since the Supreme Court's decision in reached by the court thus implicitly approves the Mum u. Stein, 347 U.S. 201 (1954). Of the four position taken by the Copyright Office a number recent cases cited above, only Mitchell Bras. is of years ago that it will not ordinarily attempt to utterly free from the issue. It deals with a long- examine works submitted for registration to discussed but rarely litigated question: does the determine whether they contain material that pornographic content of a work have any effea might be considered obscene. on its copyrightability and, therefore, its eligibii- The Kieselstein-Cord decision was character- ity for registration with the Copyright Office? ized by the appellate court as being "on the razor's The question arose when the owner of the copy- edge of copyright law." The United States Dis- right in a motion picture, Behind the Green Dow, trict Court for the Southern District of New York sought to enforce its rights against several had held, 489 F. Supp. 732 (1980), that two belt defendants who had publicly performed the buckles of modem design, in which claims had work for profit without permission. The "for been registered by the Copyright Ofice, wen profit" nature of the performances had to be not copyrightable, and that although their pleaded and proved since the offending behav- designer argued that they were jewelry or sculp ior occurred when the was ture, "they appear to be primarily belt buckles. .. . in force. The district court first held that the [which] are utilitarian objects. . . ." Different obscenity of a work could be interposed as a dates of publication for the two buckles meant defense to a claim of infringement and then pro- that the court had to apply the previous copy- ceeded to find the work at issue here to be right law to one and the current act to the other. obscene and the performances therefore non- Nonetheless, said the court, the test created by infringing. The holding below was based on the Maxer, and refined in Esquire v. Ringer, 59 1 F.2d notion that the equitable doctrine of "unclean 796 (D.C. Cir. 1978). cd. hied, 440 U.S. 908 hands" barred the enforcement of claims to (1979),was the same under both laws and denied copyright in obscene work. copyright protection to these works. The court REPORT OF THE REGISTER OF COPYRIGHIS, 1980 stated that it could not imagine "the buckles or marketed by an unlicensed competitor. The trial any part of them existing independently as sculp court held, 480 F. Supp. 1063 (N.D.Ill. 1979). ture in the way that. . . Mum [dictates]." Addi- that the source program (a computer program tional authority for the denial of copyright was written or printed in letters and numbers in a found in refusal by Congress to enact a design manner that is readable by any literate human statute as part of the revision process, and on the being) was a "writing" for copyright purposes, ground that the creation of the buckles was closely but that the object program (the operational ver- akin to that involved in uncopyrightabk fashion sion of the program, in whatever medium) was a design. machine part and not eligible for copyright. It

' The Second Circuit reversed, in a two-to- based its ruling on the provisions of 17 U.S.C. one decision, and held that the belt buckles in- $117 which, in effect, subject "computer- volved in this action, because they were used readable" works to treatment under the act of principally for ornamentation, were eligible for 1909. The court applied the definition of "copy" copyright. The court spoke of "uphold[ing] the developed under that law, including the touch- copyright granted.. . by the Copyright Office," stone of human perceptibility, and ruled that the and appeared to place emphasis on the fact that "read-only memory" ("RoM") which was at issue the buckles were cast in precious metals and com- here could not be a "copy" of a copyrighted work. manded prices of between $147 and $6,000. It Although it assumed that the defendant had was also dearly displeased with the fact that some directly copied plaintiffs work, the court held of the defendant's order forms for the allegedly that it was powerless to deny the defense motion infringing works described them as "Barry Kiesel- for summaryjudgment. stein Knock-offs." In finding the buckles copy- The appellate opinion approved the award rightable, the court held that protection was of summary judgment, but for totally different proper if the work of art in a utilitarian object reasons. It held that whether the object in ques- could be physically or conceptually separated. tion was or was not a copy of a copyrighted work, While acknowledging that a line between works it was publicly distributed in 1977 without a copy- of art and those of utility would be hard to draw, right notice in quantities sufficient to forfeit any the court concluded that the Copyright Office, copyright that might have existed. The plaintiffs which "continually engaged in the drawing of argument that it did not know that its device (such] lines. . ." had found these buckles pm could be copied by someone who never saw the tectible and held that decision proper. The vigor- printed version of the program was unavailing. ous dissent agreed that the copiers of the belt The court noted that the issue of forfeiture was buckles were commercial pirates and that many based purely on a question of law rather than on people would be offended by their behavior, but the publisher's intent. Because the affirmance went on to argue that to reach the result it de- rests on the basis of forfeiture, rather than copy- sired, the majority had twisted the law to reach a rightability, the latter issue probably remains result which Congress had denied. It concluded: open to analysis by other coum. Unlike the other copyrightability cases, Now Thus far Congress and the Supreme Coun have Stylings did not involve a claim of infringement answered in favor of commerce and the masses rather than asserted by the creator of the works in question. the.artists, designers, and the well-to-do. Any change must be It was, rather, an attempt by the creator of several left to those higher authorities. The choices are legislative not pieces of jewelry to obtain, in effect, a writ of judicial. mandamus to compel the Copyright Office to register its claims in its works. The copyright law The Data Cash Systems case concerns the util- does not specify that such an action shall lie. ity of copyright as a means of protecting the However, section 41 1(a) of the new law does intellectual property in computer programs. It provide (as an exception to the general rule that was brought by the creator of a chess-playing no action for copyright infringement can be in- program who discovered that semiconductor stituted unless registration of the copyright claim chips, identical in design to its own, were being has been made by the Copyright Ofice) that in 16 REPORT OF THE REGISTER OF COPYRIGHTS. 19~0 any case where registration has been sought and with respect to MGM,since service by the heirs refused, the applicant is entitled to initiate an on their corporation was tantamount to service action against an alleged infringer if notice on themselves, and utterly without effect on par- thereof is served on the Register of Copyrights, ties not served. who "may, at his or her option, become a party to the action with respect to the issue of registra- 9. fie"notice" in question did not comply with bility." The Copyright Office's motion to dismiss the Copyright Office regulation requiriqg that in this case was granted on the ground that the all grantees be identified and was deficient in above-mentioned provision of section 4 11 (a) listing less than all grants purportedly being ter- offers the plaintiff an adequate remedy to review minated. the refusal of the office to register its claims and deprived the present court of jurisdiction over 4. At all events the rights owned by MGM under the complaint. As the year ended, the plaintiff the 199 1 agreement were not subject to termina- had noted an appeal. tion since the character rights conveyed were not One of the first cases in which the act of 1976 copyright conveyances or licenses and since the provided truly new material for litigants and a agreement did not grant MGM any copyright court was Burroughs v. Metro-Goldwyn-Mayer, Inc., interest. 491 F. Supp. 1320 (S.D.N.Y. 1980), where the heirs of Edgar Rice Burroughs sought to enjoin Another truly new development occurred in production of a motion picture called Tamn, the Weisberg v. Department of JE(s~'cc,Copyright L. Ape Man. The heirs of Burroughs owned a cor- Rptr. (CCH) W25,169 (D.C. Cir. June 5,1980). in poration which owned the renewed copyrights in which the court dealt for the first time with the certain works of his. As heirs they also owned question "whether administrative materials certain termination rights with respect to the copyrighted by private parties are subject to the extended terms of the renewed copyrights. Long disclosure pmvisions.of the Freedom of Informa- before, in 1931, MGM had acquired the rights to tion Act." At issue were a series of photographs, create an original story and screenplay featuring of which the Federal Bureau of Investigation has Burroughs's character Tarzan. As pan of that copies, relating to the assassination of Martin transaction, MGM had acquired the rights to Luther King, Jr., in which Time, Inc., claimed make additional movies based on its photoplay. copyright. Time was willing to let plaintiff view It had made such movies in 1931 and 1959 and the photographs, but wanted $10 per copy to proposed to do so again in 1980. duplicate them. The Federal Bureau of Investi- On December 12,1977, some nineteen days gation would have charged only $0.40 per copy before the act of 1976 took full effect, two of the if there had been no copyright claim. Plainaff Burroughs heirs served a notice of termination sought to have the government compelled, on their wholly owned corporation, which notice under the Freedom of Information Act (FOIA), was recorded in the Copyright Office in 1978. to reproduce the works. However, MGM,which had acquired its rights in The distriix court had granted the requested 1931 from the corporation, was not notified of relief, holding that the Copyright Act did not the transaction at that time and, indeed, did not constitute an FOIA exemption and that plaintiffs learn of it until January 1980. Plaintiffs took the scholarly purposes rendered his use "fair." The position that their action of December 12, 1977, Court of Appeals held that it could not decide the had terminated all of MGM'S rights under the case since Time, Inc., a necessary party, was not 1931 contract. The court denied the heirs' motion represented, and remanded the case for further for a preliminary injunction on several grounds: proceedings. In so doing, however, it held that the photographs in question were "agency rec- 1. The "notice" served in 1977 was a nullity since ords," for FOIA purposes, thus leaving open only the section of the law providing for it was not the question whether the government should effective until 1978. copy them or merely permit public access to them. The scope of the authority of the Copyright 2. Even if such premature service could become Office to exempt certain classes of works from effective with the statute, it would not do so here the statutory requirement of depositing copies of REPORT OF THE REGISTER OF COPYRIGHTS. 1980 a complete work was the issue raised in a case right issues, with the emphasis on the latter. concerning the alleged infringement of the copy- 1 The coming into force of the 1976 Copyright right in the Multistate Bar Examination in Act naturally improved the prospects for U.S. NahahonalConference of Bar Examinets v. Multistatc adherence to the Berne Convention. Copyright Legal Studies, Znc., 495 F. Supp. 34 (N.D. Ill. specialists familiar with the fitful history of the 1980). There the defendant attacked that portion relationship of the United States to the Berne of the Copyright Office Regulations (37 C.F.R. Union were quick to raise again the question of $202.20(c)(vi))which provided for the examina- adherence. So, too, was the international copy- tion and immediate return to the proprietor of right community. Following a meeting of experts the complete copy of a "secure test," provided in July 1978, called by the World Intellectual that descriptive material, sufficient to constitute Property Organization (WIPO),which studied an archival record, was left on public record in the compatibility of the 1976 Copyright Act with the Copyright Office. The defendant charged the 1971 Paris Act of Berne, the leisurely ap that this violated both the U.S. Constitution and proach to Berne adherence changed radically. the explicit provisions of the copyright law. The At the experts' meeting it was suggested that court held that the regulation was within the early U.S. adherence to the Berne Convention ambit of the statute. Section 408 was held to could be achieved before necessary partial permit limitations of this type concerning the amendment of our law on the basis of a revision nature of the deposit, and section 704, which of the Berne Convention itself. This revision deals with full-term retention of "the entire would not touch the substantive aspects of deposit" in the case of unpublished works, was Berne; it would add, instead, a special protocol construed to mean the entire deposit as required permitting states never having been a party to under the law and the appropriate regulations. Berne to adhere to that convention and apply The court disposed of the constitutional argu- Article 111 of the ucc (concerning formalities) ment in one brief paragraph, noting that there for a fured, limited period of time. By the end of was no authority for the proposition that permit- this period, a state adhering to Berne on the basis ting the deposit of something less than a com- of the protocol would be required to bring its law plete copy of a work adversely affected "the public fully into accord with Berne in order to remain a interest as expressed in the Constitution." member. This was an innovative proposal, one which many advocates of adherence to Berne reacted to INTERNATIONAL DEVELOPMENTS with enthusiasm and encouragement. Yet, by the close of 1979, the protocol seemed further away The Berne Convention and enthusiasm for prompt action by the states party to Berne appeared to have cooled. Since the turn of the century, a good deal of U.S. The reason for this development seems to Iie international copyright activity has dealt with the principally with the concerns of our major Euro- question whether our country should join the pean trading partners over two factors: (1) the Berne Union. Because adherence to the Berne inherent danger in opening up the Berne Con- Convention would have required major changes vention to any revision which might touch other in our copyright law, this question became a part contentious areas in the text itself; and (2) a re- of repeated efforts to modernize our domestic luctance to permit the reintroduction of formali- law which began in the 1920s. Yet these efforts ties into Berne, even on a highly qualified basis produced no results until the enactment of the and in pursuit of the specific goal. 1976 Copyright Ad These objections were more persuasive, The drafting of the Universal Copyright considering the states that articulated them: the Convention (ucc) in 1952 and its broad subse- opponents of the protocol approach included quent acceptance provided a means to bring the states which have unfailingly and strongly urged United States into multilateral copyright rela- U.S. adherence to Berne and whose cooperation tions with, now, over seventy nations. Politically, was essential to the creation of the ucc. the success of the ucc permitted a separate con- Recognizing that Berne membership would sideration of international and domestic copy- mark a change in the content and direction of REPORT OF THE REGISTER OF COPYRIGHTS. 1980 our law, the Copyright Office concluded that a has met with representatives of publishers from careful assessment was required of how our law the United Kingdom, Japan, and France. and practice would be affected by Berne. To that On June 6,1980. the Register of Copyrights end, the office has begun planning for a series of and other staff of the Copyright Office met with studies of the impact Berne membership would four representatives of the China National Publi- have on the U.S. copyright system. These studies, cations Import Corporation, at the Library of to be done largely outside the government, would Congress. Acknowledging that China's exper- emphasize the relationship of Berne to commer- ience with copyright law and practice was limited, cial and noncommercial copyright interests in the delegation stressed the need for cooperation our society, rather than focus upon essentially and noted the fact that renascent interest in political concerns. Such an approach would root copyright sprang from national economic devel- the Berne question in the same environment as opment goals. copyright law in general-the livelihood and The Chinese publishing authorities ex- professional concerns of authors, publishers, pressed great interest in the new U.S. copyright educators, librarians, and the consumer-rather law. Similar interest was shown with respect to than emphasize the more removed interests of the organization and mission of the U.S. Copy- the U.S. Government. right Office. Following this first meeting, China extended an invitation to the U.S. Government to send a Copyright Relations between China delegation of governmental copyright experts to and the United States Beijing in the spring of 1981. This will provide an opportunity for a further examination of the Under the terms of the 1979 bilateral trade principles and mechanisms of copyright law and agreement between the People's Republic of discussion of the reasonable expectations and China (PRC)and the United States, each country limitations upon both our countries in copyright is obligated to provide protection to the copy- matters. rights of the nationals of the other. Although While the Chinese market may not yet be a several technical problems have been raised con- commercially significant one for U.S. copyright cerning the means by which the United States industries, China's entry into the world copy- will complete its obligations under the copyright right community through adoption of a domestic clause of the trade agreement, our basic task is copyright system has generated considerable quite straightforward: affirming the eligibility of interest in the United States. Although it is a PRC nationals and copyright holders to the full developing country, China has a powerful cul- benefits of the U.S. copyright law. ture with an unparalleled tradition in arts and The People's Republic of China faces a more literature. As Laurence Sickman says in The Art formidable task in implementing the copyright and Architecture of China, "The Chinese possess aspects of the trade agreement. As the United the longest continuous cultural history of any of States well knew in 1979, the People's Republic of the peoples of the world." China's experiment in China did not have in place a comprehensive copyright may lead to increased knowledge of copyright regime, setting out the subject matter the Chinese people, government, traditions, and of copyright, exclusive rights, limitations, term, values. A legal regime which reasonably respects and remedies. While there were earlier signs that the principles of Western copyright could go far the PRC was considering adoption of copyright- to improve the investment climate for printing type measures (particularly certain resolutions of and publishing ventures in the People's Republic the PRC First National Publications Conference of China. of 1950), the People's Republic appears never to Beyond these economic concerns lies some- have enacted a comprehensive copyright law. thing more momentous: the encounter between Thus, implementation of its side of the different legal traditioneindeed, different con- agreement has involved China in a major legal cepts of "law" itself. Adoption of a domestic undertaking. The PRC has entrusted the task of copyright system by China is an especially inter- drafting a copyright law to an interdepartmental esting example of the challenge confronting the committee which has collected information and People's Republic in striving for modernization REPORT OF THE REGISTER OF COPYRIGHTS. 1980 through increased trade with free-market devel- cable television, videocassettes and discs, the pro- oped states. tection of computer software, and the protecti- The People's Republic appears to approach bility under the ucc of works in the public the copyright question with the vigor required by domain in their country of origin. our commercial agreement and the care the subj- With respect to the last item, the IGCC re- ea necessitates. Accommodation between the ceived a study on the subject prepared at the needs of foreign copyright proprietors for pro- request of the secretariat by Barbara Ringer and tection of their works in China and the domestic Lewis Flacks. Given the complexity of the issue values of the PRC is difficult. Whether the ap and the length of the study, the committee &- proach to copyright taken by the PRC follows a tided to defer its consideration of this question to particular model may, in the final analysis, be less their 198 1 session. Despite its seemingly obscure interesting than the possibility that China will subject matter, this issue touches an important make, over time, its own unique contribution to question: the extent to which U.S. Government copyright law in a multicultural world. works, denied U.S. copyright under the 1976 Copyright Act, may be the subject of copyright in such foreign states as do protect their domestic International Conferences governmental works. The copyright treatment of at least certain Between September 24 and October 5,1979, the U.S. Government works was a controversial sub- Tenth Series of Meetings of the Governing Bodies ject during consideration of the copyright revi- of the World Intellectual Property Organization sion bill, and the Congress was not prepared to (WIPO) was held in Geneva, Switzerland. Lewis act in the absence of full hearings. Flacks, international copyright officer, was a In the past, those government agencies that member of the U.S. delegation. The Governing took a position on the question of copyright in

Bodies Meetings bring together states party to U.S. Government works em~hasized1 their con- the agreements and unions administered by and cerns over foreign rather than domestic copying. comprising WPO. Responding to this aspea of the question, the One of the items considered at the meetings United States has raised the issue of whether the was a proposal to constitute a working group ucc permits the United States to assert copy- which would examine, among other subjects, the right in its government works in those countries question of measures which appear necessary to which protect such works and, if so, under what enable the United States to adhere to the Berne conditions. Resolution of the ucc issue may Convention. Consideration of this item provided demonstrate whether there is a need forcongres- the occasion for the United States to restate its sional action. position on the necessity for dose technical coop Additionally, during the course of the par- eration between Berne countries, WIPO, and the tial renewal of the Intergovernmental Commit- United States on the compatibility of the 1976 tee, the rules governing elections were amended Copyright Aa with the 1971 Paris Act of Berne. in an effort to enhance the opportunity for states Mr. Flacks urged support for the proposed to serve on the committee while maintaining sig- working group, stating that the changes made nificant continuity of membership. Funda- by the 1976 Copyright Act brought the United mental interests and principles are involved for States much closer to Berne standards. A num- the United States. ber of delegations, particularly those of the Fed- The amendments to the election rules which eral Republic of Germany, France, and Sweden, were adopted at the 1979 meeting fell short also supported the working group. of changes demanded by many developing and Dorothy Schrader, Michael Keplinger, and socialist states. These states sought to completely Lewis Flacks were delegates to the Third Ordi- revise the election rules so as to inject into the nary Session of the Intergovernmental Copyright ucc the principle of bloc voting procedures used Committee (rccc) and Berne Executive Commit- in certain other organs of the United Nations. tee, which met together in Paris, France, between Under bloc voting systems, seats on a board or October 24 and October 30, 1979. The impor- assembly are allocated on the basis of an agreed- tant items considered at the meeting induded upon formula which establishes groupings of REPORT OF THE REGISTER OF COPYRIGHTS. 1980 states. At the simplest level, groupings might be The extraordinary growth of the informa- on the basis of economic position: free-market tion industry, both in the software and hardware states, socialist countries, and developing states. spheres, including the phenomenal emergence More complex groupings are possible on the of computer chip production, means that propri- basis of geography, language, and population; or etary questions have important consequences for economic position can be correlated to these other industry growth, the patterns of ownership, and factors, making the formula quite complex. the terms of international trade and licensing. What all such svstems, have in common is the Moreover, the use of previously created assumption that by reflecting the entire world in copyrighted works in automated information superficially proportional ways, greater democ- systems raises important policy and legal ques- racy is said to be given to decision making. From tions concerning when such use infringes copy- the point of view of the United States, however, right. Automated bibliographic and document bloc systems have served primarily to politicize the delivery systems-both existing and contem- working of technical organizations and thwart the plated-provide greater flexibility and thorough- growth of specialized international law through ness in managing information. But whether, or consensus. In the case of copyright, the problem how, this iiew technology affects traditional pub- is complicated by sharp differences in the lishers and authors is a problem which can only importance of copyright at the national level. grow in practical importance over the next In Western Europe, North America, and the decade. The United States is not alone in its free-market states of Latin America and the interest. Several Western European states and Pacific, copyright is a central, organizing concept Japan recognize that the stability of world mar- in the marketplace. In socialist states, that role is kets for this new technology can be affected by largely absent. And, in the developing world, the foreign and international copyright law. re~resentatives1 of those countries believe their This vearI two simificantD international con- need for access to protected works is so great and ferences were held on the question of protection the indigenous marketplace so often inadequate, for computer software, both attended by Michael that their view of copyright law is limited by their Keplinger (who, before joining the Copyright perception of their own circumstances. Accom- Office, was deputy director of cow). The modating international law to diverse national First Session of the Expert Group on Legal Pro- systems and values is a difficult matter in copy- tection of Computer Software met in Geneva right, as other aspects of the secalled North- from November 25 to December 1, 1979. Be- South Dialog have demonstrated. tween December 15 and 19, 1980, a meeting to The danger in bloc system procedures is discuss the desirability and feasibility of an inter- simply that it diminishes the strength of those national treaty on the. protection of computer states which have the greatest stake-not neces- software was held in Geneva. sarily economic-in the outcome of the work of The focus of the latter meeting was on the the aeencv concerned. The extent to which the ~re~arationof a auestionnaire to elicit the views ~nitgd~&tes and other: free-market states can bf ;he computer &dustv on the need for legal repose confidence in international organizations protection of computer software and to assist as a means to develop rules of universal applica- WIPO in its assessment of the existing copyright tion is obviously related to whether the interests situation. The principal question is whether of those states intimately concerned with the existing conventions on industrial property and subiect matter are res~ected. copyright adequately provide for needed protec- dThe subject of h&w copyright law treats the tion, or whether a separate agreement is required. new technologies emerging out of modern infor- The law affecting the operation of film ar- mation science is, without doubt, one of the most chives-in the acquisition, preservation, use, and pressing legal issues before the world community exchange of motion pictures-was the subject of today. In the United States it has been the subject a Unesco conference held in Paris from March of a presidentially appointed study commissio- 18 to 27, 1980. Lewis Flacks and Paul Spehr, the Commission on New Technolopical Uses of assistant- - chief of the Motion Picture. Broadcast- Copyrighted Works (cow)-an; proposed ing, and Recorded Sound Division, ;epresented further revisions of our copyright law. the United States. REPORT OF THE REGISTER OF COPYRIGHTS, 1980

The object of the meeting was to draft an position with respect to U.S. markets, dialog international recommendation to underscore the efforts to explore differences in law and policy important role which preservation of the national are especially important to these countries. Few audiovisual heritage can play in shaping national vehicles exist to cany on that dialog. A hopeful culture and scholarship. Interest in the preserva- sign, therefore, was the formation of the Inter- tion and use of audiovisual records is not limited arnerican Copyright Institute in the early 1970s. to countries such as the United States which ~ed-icatedto the study of copyright in the Arner- produce and export a large quantity of motion icas, the institute draws its membership from the pictures and television programming. The uni- private sector, the government,and the academic versality of moving images is a fact which scholars, world. researchers, and students all over the world take The annual meeting of the Executive Coun- into consideration when studying their own his- cil of the Interamencan Copyright Institute was tory and society. held in Buenos Aires, Argentina, simultaneously However, important commercial problems with the Regional Seminar on Copyright for the and their relation to copyright law have made the Countries of Latin America and the Caribbean question of motion picture and television archives (sponsored by WIPO and Unesco) between No- a hotly debated topic. The problems run the vember 3 and 11, 1979. Patrice Lyons, of the gamut from international commercial film pir- Office of the General Counsel in the U.S. Copy- acy to the low level of copyright protection right Office, attended both meetings. The aim of extended under many national laws to archivally the meetings was to examine the main tendencies held copies of motion pictures. in Latin American copyright law and to identify The recommendation adopted by the con- possibilities for harmonization of national ference was therefore a difficult compromise. systems. , Acknowledging the desirability of having states systematically and thoroughly preserve their nutional moving image production, the recom- Foreign Visiton mendation also recognized that acquisition and preservation of fma'gn moving images should Many foreign visitors to the Copyright Office necessarily be selective. While the recommenda- come for routine business purposes, such as the tion notes that, for domestic production, man- registration and deposit of works in compliance datory archival deposit requirements could be with our copyright lm. Still others come to con- appropriate, it sets down a clear preference for sult with officers of the Copyright Office and voluntary, contractual arrangements for selec- the Library of Congress on broad international tive acquisition of culturally significant foreign matters. In this latter category, there were productions. several significant meetings. Observers of the international copyright Between April 15 and 19, 1980, officials scene have noted the emergence of Latin Amer- of the Copyright Office met with Fares Khalil ica as an important region, with a distinctive Wahba and Ali Talaat Wassfy of the General approach to copyright derived from European Egyptian Book Organization. In a series of meet- tradition but qualified by the exigencies of eco- ings within the Copyright Office and with offi- nomic development. In particular, Mexico and cials of the Department of State, questions of Brazil have asserted significant leadership in copyright administration, the bases of inter- Unesco and WIPO, largely on behalf of devel- national protection and future cooperation in oping states. Yet, while their perspective centers copyright, and book-trade matters were dis- on the problem of copyright and development, cussed. their legal background in the field is strongly On May 13, ten representatives of Japanew European. For quite some time, important Latin broadcasting organizations met with a group of American states have been members of the Berne Copyright Office officials. The purpose of the Convention and of the Rome Convention for the meeting, requested by the Japanese, was to Protection of Performers, Phonogram Producers, obtain information about recent legal develop- and Broadcasting Organizations. Because of ments in the United States and policy with their role in international copyright and their respect to certain international agreements REPoRT OF THE REGkTlXR OF COPYRIGHTS. 1980 affecting broadcasting. Views were exchanged bilateral agreements, comprehensive in scope with respect to the question of public perfor- and based upon the actual situation between the mance rights in sound recordings, particularly United States and a given country. a conse- under H.R. 997, introduced by Rep. George E. quence, the United States could endorse neither Danielson. Also discussed were the subjects of the multilateral approach nor the specific provi- U.S. interest in adhering to the Rome Conven- sions in the draft instrument. The United States tion and the Brussels Satellite Convention. nonetheless repeated its desire and willingness The long-standing effort to devise a means to eliminate such double taxation on a bilateral for the avoidance ofdouble taxation of copyright basis. royalties reached its climax this fscal year. Patrice Foreign copyright officials and private-sector Lyons represented the United States as an ob representatives who visited the Copyright Office server at the International Conference of States during the fiscal year included A. Henry Olsson on the Double Taxation of Copyright Royalties of the Ministry of Justice of Sweden and David Remitted from One Country to Another, held in Catterns of Australia. These visits provided the Madrid, Spain, from November 26 to December opportunity for discussions about the book trade 13, 1979. The United States has historically pre- and, in the case of Sweden, which has always ferred to deal with the complex question of dou- been a staunch supporter of U.S. entry into ble taxation on the basis of carefully negotiated Berne, the question of our adherence. Respectfully submitted,

DAVID L LADD Register of Copyrights and Assistant Librarian of Congress for coprrighr Smrices REPORT OF THE REGISTER OF COPYRIG~,1980 23

Intmtional Copyright Relath of the United States as of September 30,1980

This table sets forth U.S. copyright relations of current interest with the other independent nations of the world. Each entry gives country name (and alternate name) and a statement of copyright relations. The following code is used:

Bilateral Bilateral copyright relations with the United States by virtue of a proclamation w treaty, aiof the date given. Where there is more than one proclamation or treaty, only the date of the first one is given. BAC Party to the Buenos Aires Convention of 1910, as of the date given. U.S. ratifation deposited with the government of Argentina, May 1.191 1; prodaimed by the President of the United States. July 13, 19 14. UCC Geneva Party to the Universal Copyright Convention, Geneva, 1952. as of the date given. The effective date for the United States was September 16.1955. UCC Park Party to the Universal Copyright Convention as revised at Paris. 197 1. as of the date given. The effective date for the United States was July 10. 1974. Phonogram Party to the Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of Their Phonograrns, Geneva, 197 1, as of the date given. The effective date for the United States was March 10. 1974. Unclear Became independent since 1943. Has not established copyright relations with the United States, but may h honoring obligations incurred under former political statua. None No copyright relations with the United States.

Afghanistlll BangMerb

* None UCC Geneva Aug. 5.1975 UCC Paris Aug. 5.1975 BPrbsda (See entry under Kampuchea) Algcrk Undar ewrooa UCC Geneva Aug. 28.1973 Belgium UCC Geneva May 1.1973 UCC Paris July 10.1974 BilateralJuly 1.1891 UCX: Paris July 10.1974 Andom UCC Geneva Aug. 3 1.1960 canad8 UCC Geneva Sept 16.1955 Bmin Bilateral Jan. 1,1924 (formerly Dahomey) UCC Geneva Aug. 10.1962 Unckv

Argentiam Bilateral Aug. 23. 1934 Central African Empire BAC April 19.1950 Undar UCC Geneva Feb. 13,1958 BolivL Phonogram June 30,1973 BAC May 15,1914 B0mV.p. Ausbalia Chik Undar Bilateral Mar. 15.1918 Bilateral May 25,1896 UCC Geneva ~ay1.1969 Bd BAC June 14.1955 UCC Paris Feb. 28.1978 Bilateral Apr. 2. 1957 UCC Geneva Sept. 16.1955 Phonogram June 22,1974 BACAug.31.1915 Phonogram March 24,1977 Austri. UCCGeneva Jan. 13.1960 ChiM Bilateral Sept 20, 1907 UCC Paris k.I 1.1975 Bilateral Jan. 13,19M UCC GenevaJuiy 2.1957 Phonogram Nov. 28,1975 ColomhL Bahamas, The Bulgmh BAC k.23,1936 UCC Geneva July 10,1973 UCC Geneva June 7,1975 UCC Gene-June 18.1976 UCC Paris Dec. 27.1976 UCC Paris June 7.1975 UCC Paris June 18,1976 Bahrain Bum None Unclear REPORT OF THE REGISTER OF COWRIGHTS. 1- anso Fhlhmd ICehud Undar Bilateral Jan. 1.1999 UCC Geneva Dec. 18.1956 UCC Geneva Apr. 16.1963 Indi. Casts Ria Phonogram Apr. 18.1975 Bilateral Oa. 19.1899 Bilateral Aurc. 15.1947 BAC Nov. SO. 19M Fnncc UCC Geneva an. 2 1.1958 UCC Geneva Sept. 16,1955 Bilateral July 1,1891 Phonogram Feb. 12.1975 UCC Paris Mar. 7.1980 UCC Geneva Jan. 14,1956 Indod UCC Paris July 10,1974 Undar cph Phonogram Apr. 18,1973 Bilateral Nov. 17, 1903 Irrn GaboQ UCC GenevaJune 18,1957 None Undar Gambia, Th * None Undar Ctechosl0v;rhh ITeknd Bilateral Mar. 1, 1927 -7 BilateralOa. 1.1949 UCC Geneva Jan. 6.1960 Bilateral Apr. 15, 1892 UCC Geneva Jan. 20,1959 UCC Paris Apr. 17.1980 UCC Geneva with Federal Republic of Germany Sept. 16,1955 16 Denmark UCC Paris with Federal Republic of Bilateral May 15.1948 Bilateral May 8, 1893 Germany July 10.1974 UCC Geneva Sept. 16,1955 UCC Geneva Feb. 9.1962 Phonogram with Federal Republic Phonogram May 1,1978 Phonogram Mar. 24.1977 of Germany May 18,1974 UCC Paris July 11,1979 UCC Geneva with German 1% Bilateral Oct. 3 1.1892 cratic Republic Oct. 5,1973 Djibouti UCC Geneva Jan. 24.1957 Undar Gh Phonogram Mar. 24.1977 UCC Geneva Aug. 22.1%2 UCC Paris Jan. 25,1980 Dominim Undar Graa Ivory CKmU Bilateral Mar. 1.1932 Undar Dominican Republic UCC Geneva ~ug.24.1963 BACOa. 31,1912 Jd None Ecpdg Undar BAC Aug. 81.1914 JSl- ' GuateIMlm UCC Geneva Apr. 28.1956 UCC Geneva June 5.1957 ' BAC Mar. 28.1913 UCC Paris Oct. 21.1977 Phonogram Sept 14,1974 UCC Geneva Oct. 28.1964 Phonogram Oa. 14,1978 EWpt Phonogram Feb. 1.1977 Phonogram Apr. 23.1978 Guh For works other than sound mrd- Undar ings, none ILmpucba UCC Geneva Sept. 16.1955 El Salvador Bilateral June 30, 1908, by virtue of Keny. Mexico City Convention. 1902 UCC GI~I~MSept. 7,1966 UCC Geneva Mar. 29,1979 UCC Paris July 10.1974 UCC Paris Mar. 29,1979 Haiti Phonograrn Apr. 2 1.1976 Phonogmn Feb. 9,1979 BAC Nov. 27,1919 UCC Geneva Sept. 16.1955 Honduru BAC Apr. 27,1914 Ethiopia None H-tPv Kuwait Bilateral Oct. 16.1912 unckv Fiji UCC Geneva Jan. 23,1971 UCC Geneva Oct. 10,1970 UCC Paris July 10,1974 L.a Phonogram Apr. 18.1973 Phonognm May 28,1975 UCC Geneva Sept. 16.1955 REPORT OF THE REGISTER OF COPYRlGKIS, 1980

Leb.nO0 Mdi Pohd UCC Geneva OR 17.1959 Unclear Bilateral FA. 16,1927 UCC Geneva Mar. 9.1977 UCC Paris Mar. 9.1977 Porblgd Li Nepl Bilateral July 20,1895 UCC Geneva July 27.1956 Non UCC Geneva Dec. 25.1956 NcthaLab Bilateral Nov. 20.1899 UCC Geneva June 22.1967 Liechtenmteh UCC Geneva Jan. 22.1959 New Zedad Bilateral May 14,1928 Bilateral Dec. 1.1916 h-bwa UCC Geneva Sept. 11.1964 Bilateral June 29.1910 Phonogram Aug. 13. 1976 UCC Geneva Oa. 15.1955 Phonogram Mar. 8.1976 Ni' SmiIltLPch BAC D&. 15.1913 Unk UCC Geneva Aug. 16,1961 (Malagasy Repubk) -Undev MJ.rl Undar SanMuim UCC Geneva OR 26.1965 Ni@ Nonc UCC Geneva Feb. 14,1962 Wy.h Undar N- ~ilaterk~uly 1.19(M s.udi~ UCC Geneva Jan. 23.1963 Nonc UCC Paris Aug. 7.1974 Phonogram Aug. 1.1978 sQ%.1 UCC Geneva July 9.1974 omm UCCParis July 10.1974 M8lm Nonc UCC Grncva Nov. 19.1968 Rtirca UCC Geneva Sept. 16.1955 SiLcaDL hmlna Nonc M.witillr BAC Nov. 25.1913 UCC Geneva Mar. 12.1968 UCC Geneva Oc!. 17.1962 Phonogram June 29.1974 Maico UCC Paris Sep. 3.1980 Sdomop IrhDdr Bilateral Feb. 27.1896 Unk BAC Apr. 24.1964 RpNewGui~a UCC Geneva May 12.1957 Unclear UCC Paris Ckt. 31.1975 Phonogram Dec. 2 1.1973 p-lY"v SwthAMa BACSept. 20.1917 Bilateraljuly 1. 19% Mom UCC Geneva Mar. 11.1969 Bilateral Oct. 15.1952 Phonogram Feb. 13.1979 Soviecunioa UCC Geneva May 27.1973 UCC Geneva Sept. 16.1955 Pap UCC Paris Dec. 13.1974 BAC April 30. 1920 .Phonogram Dec. 2.1974 spPin UCC Geneva Ckt. 16.1963 Bilateral July 10.1895 Geneva Sept 16.1955 ~ UCC - -* Philippioa None UCC Parisjuly 10.1974 Bilateral Oct. 2 1.1948 Phonopatn Aug. 24.19?4 Morocco UCC status undetermined by Una- UCC Geneva May 8.1972 w. (Copyright Offm considen Sri lamb UCC Paris Jan. 28.1976 that UCC relations donot cxia) uncka 26 REPORT OF THE REGISTER OF COPYRIGHTS, 1986

Sudan TrinidnddTobago vllticulcity Unclear Undar (Holy See) UCC Ckneva Oa. 5.1955 Tuniai8 Phonogram July 18.1977 UCC &newJune 19,1969 UCC Paris May 6,1980 UCC Paris June 10.1975 Swaziland Vmezucb Unclear UCC Geneva Sept. 30,1966 Sweda Viehum Bilateral June 1. 1911 Tu* Undar UCC Geneva July 1,1961 Undar UCC Paris July 10,1974 Phonogram Apr. 18,1973 ugpnd. Undar Yemen (Aden) Switzerland Unclear United Arab EmiRta Bilateral July 1, 1891 Yawn (Spa'.) None UCC Geneva Mar. SO, 1956 None sprt unitedgingdam YugosLvim Undar Bilateral July 1. 1891 UCCGeneva May 11,1966 UCC Geneva Sept. 27,1957 UCC Paris July 10.1974 TPnzPnt UCC'Paris July 10,1974 Unclear Phonogram Apr. 18.1973 Zlirr Phonogram Nov. 29,1977 Upper volt. For works other than sound record- Bilateral Sept 1,1921 Undar ings, unclear Tog Unclear Vmruta Undar Unclear

' EffectiveJune 30,1908, this country became a party to the 1902 Mexico City Convention, to which the United States abo became a party effective the same date. As regards copyright relations with the United States, this convention is considered to have been superseded by adherence of this country and the United States to the Buenos Aires Convention of 1910. ' Bilateral copyright relations between Japan and the United States, which were formulated effective May 10. 1906, arc considered to have been abrogated and superseded by the adherence of Japan to the Universal Copyright Convention. Genm. 1952. effeveApril 28.1956.

Section 104 of the copyright law (title 17 of ciliary of the United Stites, or is a national, the United States Code) is reprinted below: domiciliary, or sovereign authority of a for- eign nation that is a party to a copyright $104. Subject matter of copyright: National treaty to which the United States is also a origin party, or is a stateless person, wherever that (a) UNPUBLISHED WORKS.-The works person may be domiciled; or specified by sections 102 and 103, while unpub- (2) the work is first published in tk lished, are subject to protection under this title United States or in a foreign nation that, on without regard to the nationality or domicile of the date of first publication, is a party to the the author. Universal Copyright Convention; or (b) PUBLISHED WORKS.-The works (3) the work is first published by the specified by sections 102 and 103, when pub- United Nations or any of its specialized lished, are subject to protection under this title agencies, or by the Organization of Ameri- if- can States; or (1) on the date of first publication, one (4) the work comes within the scope of a or more of the authors is a national or domi- Presidential proclamation. Whenever the REPORT OF THE REGISTER OF COPYRIGHTS. 1980

Resident finds that a particular foreign dent may by proclamation extend protecdon nation extends. to works by authors who are under thii title to works of which one or nationals or domidliaries of the United States more of the authors is. on tbe date of fimt or to works that are first published in the publication. a national. domiciliary. or mv- United States. copyright protection on sub ereign authority of that nation. or which was stantially the same basis as that on which the first published in that nation .The President foreign nation extends protection to works may revise.suspend. or revoke any such proc- of its own nationals and domiciliaries and lamation or impose any conditions or limita- works first published in that nation. the Presi- tions on protection under a prodamation .

Nunrbcr ofRegimhbp Subjeci Ma#cr of Copyright. Fiscal Year 1980

Cavgory of mated Published Unpublished Total

Nondrarnalic literary worlu Monographs ...... 97336 21.- 119.221 Seriab ...... 117.898 1 17.898 Machincreadabk wortr ...... 986 866 lmf

works ifthe performing am Mwicalwortr ...... 27.771 92.427 120. 198 Dramatic works .including any accompanying musk ...... 921 7.121 8.042 Choreography and pantomima ...... 20 4s 63 Motion picturea and fdmstrip ...... 7.437 1.038 8.475

Works of the visual am Two-dimensional work of the fm and graphic an. induding prints and ;ut rcpmductions ...... Sculptural worlu ...... Technical dnwings and mod& ...... Photogmphs ...... Cartographic works ...... Commercial prints and labeb ...... Works of applied art ...... Total ...... 30316 lO.SS7 41. 1s Sound recording ...... 8.098 .I#O 12.778

Multimedia works ...... 1.958 123 2.08 3

Grand td...... 293. 143 138.618 431.761 Renewals ...... 32.98P

Total. all regisVatiOnr ...... 464.743 REPORT OF THE REGISTER OF COPYRIGHT'S. 1-

Disposition of Copyright Deposits, Fiscal Year I980 --- -- / Received for Received for copyright copyright registration Acquired registration and forwarded or deposited and added to other without to copyright departments of copyright Category of material collection the Library registration Total

Nondrarnatic literary works Monographs, including machine-readable worts ... 103,043 133,053 8,298 244,394 Sed...... 23 1,565 149,145 380.7 10

Total ...... 103,043 364,618 157.443 625,104

Works of the performing am Musical works; dramatic works, including any accompanying music; choreography and pantomima...... Motion pictures and filmstrip......

Works of the visual am Two-dimensional works of fine and mphic - m art, including prints and art reproductions; sculptural works; technical drawings and mdels; photographs; commercialprints and labels; works of applied art ...... 34.430 5,898 186 405 14 Cartographic worka ...... 8 1,6M 790 2.372 Td...... 34,438 7,532 916 42,886

Sound recordings...... 4.068 4,050 704 8.882 Total, all deposits ' ...... 277.440 4 10,048 ' 159395 846,883

Of this total. 38,400copies were transferred to the Exchangeand Gift Division for use in its programs. * Includes 2.835 motion pictures returned to remitter under the Motion Picture Agreement ' Extra copies received with deposit and gift copies are included in these figures. Totah include transfer of multimedia materials in any category. ' Of this total. 2.859 copies were transferred to the Exchange and Gift Division for use in its programs. REPORT OF THE REGI!TlTR OF COPYRIGHTS. 1980

Summaly ofCoPpright Business

Balance on hand October 1.1979 ...... S I,@32*184.94 GrossrrceipOctober1.1979toSeptember30.1980 ...... 4.961.- .M

Total to be awunted for ...... 6.644.187.98

Refunded ...... $398243.43 Checks returned unpaid ...... 1 1,533.55 Transferred as earned fen ...... 4.730.397.74 Deposited as undeliverable chccka ...... 4.408.00

Balances carried over October 1. 1980 Deposit accounts balance ...... $783.499.27 Unfinished business bakna ...... 743.828.85 Card service ...... 9.032.7 I Topl ...... 6.680.943.55 Less liability on advanced transfm ...... -36,776.27

PuMied worksat$6.00 ...... 7 1 $426.00 Unpublished works at $6.00...... -20 - 120.00 Renewak at $4.00 ...... !iO 200.00 Published works at $10.00 ...... 293.072 . 2.930.720.00 Unpublished works at $10.00 ...... 138.632 1.386.320.00 Renewals at $6.00 ...... 32.854 197.124.00 Renewal supplementary registrations at $ 10.00 ...... 78 780.00 Total registrations for.fu ...... 464.737 4.515.450.00

Fus for recording documents ...... Fees for cenificd documents ...... Fees for searches made ...... Fees for import statements ...... Fees for deposit receipts ...... Fees for CATV documem ...... Fees for full-term storage of deposits ...... : ...... '...... Fus for notice of use ...... - Total fees exclusive of rrgistrationr ...... 312,574.10 Total fees earned ...... 4.828.024 .I0 REPORT OF THE WISEROF COPYRICHIS. 1960 Financial Statement of Royalty Fees fw CompulsqLicmes fw Secdty Trannnimbns by Cable Systemsfw Cahdar Year 1979

Royalty fees deposited ...... $15.547.898.54 Interest income on investments paid ...... 615953.13 Gain on matured securitk ...... 685.825.4 1

- Lcs: Operating costr ...... 239.628.90 Refunds issued ...... 69. 34730 Investments purchased at cost ...... 16.447976.00

Balance as of September SO. 1980 ...... 92.724.88 Face amount of securities purchased ...... 16.895.000.00

Cable royalty fees for calendar year 1979 available for distribution by the Copyright Royalty Tribud ...... ,... 16.987.724.88

Financial Statement of Royaliy Fees for Compulsory Licensesfm Coin-Operated Players (lukebaxes)fw Calendar Year 1980

Royalty fees deposited ...... $1.066.267.50 Interest income on investments ...... 76.59 1.76

Less: Operating cous ...... 187.227.00 Refunds issued ...... 3.441.00 Investments purchased at cost ...... 928.926.12

1,119,594.12

Balance as of September 30.1980 ...... 23.265.14 Face amount of securities purchased ...... 935.000.00 Estimated interest income due September 30. 198 1 ...... 9 1.766.26 Jukebox royalty fees for calendar year 1980 available for distribution by the Copyright Royalty Tribunal on October 1. 1981 ...... 1.050. 03 1.40

* U.S. OOKANHWf OFFLE : 1581 0 .351-271 : QL 3