ANNUAL REPORT OF THE REGISTER OF COPYRIGHTS, For the fiscal year ending September 30

LIBRARY OF CONGRESS I 1 1986 Library of Congress Catalog Card Number 10-35017 ISSN 0090-2845 Key title: Annual report of the Register of Copyrights This report is reprinted from the Annual Report of the Librarian of Congress for the fiscal year ending September 30,1985

For sale by the Superintendent of Documents, U.S. Government Printing Office Washington, D.C. Contents Copyright Office 1 "By Securing to Authors" 1 Progress Toward Full Automation 1 Reorganization 1 Semiconductor Chip Protection 2 LaborIManagement Working Group 2 Examining Division Lecture' Series 2 Vintage Jukebox 3 Workload and Production 3 Acquisitions and Processing Division 3 Examining Division 3 Information and Reference Division 4 Records Management Division 4 Cataloging Division 5 Licensing Division 5 Copyright Office Regulations 5 Deposit Regulations 5 Cable Television 6 Information 6 Cancellation of Registration 6 Public Announcements 6 Notices of Inquiry 7 Legislative Developments 7 Reporting to Congress 9 Judicial Developments 9 U.S. Supreme Court 9 Copyright Office Litigation 10 Constitutional Questions 11 Subject Matter of Copyright 12 Formalities 13 International Developments 14 lhbles International Copyright ~elations%fthe United States as of September 30.1985 16 Number of Registrations by Subject Matter, Fiscal 1985 21 Summary of Copyright Business, Fiscal 1985 22 Disposition of Copyright Deposits, Fiscal 1985 23 Estimated Value of Materials Pansferred to the Library of Congress 24 Financial Statement of Royalty Fees for Compulsory Licenses for Secondary 7kansmissions by Cable Systems for Calendar Year 1984 25 Financial Statement of Royalty Fees for Compulsory Licenses for Coin-Operated Players (Jukeboxes) for Calendar Year 1985 25 Copyright Registrations 1790-1985 26 "To promote the Progress of Science and useful Arts . . . .I) Report to the Librarian of Congress by the Register of Copyrights THE COPYRTGHT OFFICE

On September 23 the Copyright Office wel- the Automated Systems Office, allows online comed a new Register of Copyrights, Ralph tracking of not only copyright applications Oman, who was appointed in August. Formerly accompanied by cash payments but also of re- Chief Counsel to the U.S.Senate Judiciary Sub- quests for recordation of documents, certifica- committee on Patents, Copyrights, and Trade- tions, searches, and various other services. The marks, Mr. Oman became the tenth Register of fully automated tracking system will provide Copyrights. He follows former Register David both an officewide oilline record of fee services Ladd, who resigned on January 2,1985,to return and a way to measure the workload as it enters to private law practice. The Associate Librarian and goes through the office. of Congress, Donald C. Curran, served as Acting An automatic call distribution system was in- Register of Copyrights in the interim. stalled in the Information and Reference Divi- sion's Public Office in January. The system distributes calls to available information special- "By Securing to Authors" ists, queues calls if all lines are busy, and sup- plies recorded information on the Copyright 'T3y Securing to Authors: Copyright, Commerce, Office hotline, the address and hours of service and Creativity in America," a permanent exhibit of the Public Office, time required to process paying tribute to the creative ingenuity of Amer- applications for copyright registration, etc. ica's authors, artists, and entrepreneurs and to To comply with a provision of the Semiam- the role that copyright has played in providing ductor Chip Protection Act of 1984 that requires an incentive for that ingenuity, opened Decem- a public record to be made of each work regis- ber 12 on the fourth floor of the Madison Build- tered, changes were made to the online catalog- ing. Many of the panels illustrate landmark legal ing system, COPICS, enabling mask works to be decisions. Among the items displayed are the incorporated into the monograph file and m&- falcon statue used in the movie The Maltese ing them accessible through online searching. Falcon, an original 1898 Wallace Shows circus poster, an unusual photograph of Oscar Wilde, and the typewritten copy of Martin Luther King's Reorganization "I Have a Dream" speech. Original book deposits from 1790 contrast sharply with modern In July 1985 the Copyright Office completed deposits of computer software and video games plans for a reorganization that will shift the in the displays. responsibilities of several divisions. A new Deposits and Acquisitions Division will be created to carry out responsibilities under sec- Progress toward Full Automation tion 407 of the copyright law for acquisition of materials for the Library of Congress. The divi- With the inauguration of the cash phase of the sion will interact with other acquisition units Copyright Office In-Process System (COINS 111) within the Library as well as with the publishing in September, all fee services of the Copyright industry and the Department of Justice. The Office can now be tracked online. The system, Records Management Division will be abolished which is the result of several years of cooperative and its units that provide information and access effort by the staffs of the Copyright Office and to records concerning copyright registrations REPORT OF THE REGISTER OF CDPYRXGH1S. 1985

will be transferred to the Information and right Office issued interim regulations, and on Reference Division. The Certificate Production June 28 the final regulations were published in Unit will become part of the Receiving and Pro- the Federal Register. The regulations set ~C)I~!I cessing Division, formerly known as the Acqui- specific requirements for registration, includiug sitions and Processing Division. the nature of the copies to he deposited. They The 1,000 to 1,500 documents related to copy- also provide for recordation of do cum en:^ FC'I right ownership that the Copyright Office exam- taining to mask works, furnish examples oi ines per month will now be given special methods for affixation of the mask work notice, door-to-door service in a Documents Unit and establish the fees for Copyright Office ser- created as part of the Cataloging Division. The vices involving mask works. documents project began on an experimental basis and was officially established in July. LaborIMinagement Working Group Semiconductor Chip Protection Throughout the year the Labor/Manageine:. Working Group [LMWG),consisting of the On November 8,1984, President Reagan signed executive officer and representatives from both into law the Semiconductor Chip Protection Act AFSCME units, worked toward better comm~- of 1984, Public Law 98-620, which became nication between staff and management eud effective on January 7, 1985. The act amends toward implementing consultative managemant. Title 17 of the U.S. Code by adding a chapter In cooperation with satellite groups established that creates for semiconductor chips a new kind in the divisions, the LMWG sponsored training of federal protection that is neither copyright in problem-solving and in conducting effective nor patent law. The act protects the three- meetings, as well as seminars on career counsel- dimensional layered circuitry designs of semi- ing services and the filling out of job applica- conductor chips, known as mask works, against tion forms. Some satellite groups arranged unauthorized duplication for a term of ten years. get-togethers for new employees. To celebrate its Protection begins on the date of registration of first anniversary, the LMWG sponsored a "BEw the mask work or the date of first commercial (best in government) event in June in the exploitation, whichever occurs earlier. The pro- Coolidge Auditorium. Guest speaker Ron Con- tection terminates if an application for registra- tino, Deputy Commissioner of the New York City tion is not filed in the Copyright Office within Sanitation Department, explained how con- two years after the date of the first commercial sultative management was working in his exploitation. department. The Semiconductor Chip Protection Act pro- vided that a registration system for mask works had to be established in the Copyright Office Examining Division Lecture Series within sixty days of passage of the act. The office established a Mask Work Unit in the Examining The Examining Division inaugurated a series of Division within that timeframe and also created lectures and seminars designed to broaden the a mask work application form and circular. By horizons of Copyright Office staff. Entitled "A June 1985 the Mask Work Unit had processed View from the Other Side," the series featured more than sixteen hundred claims to protection important participants in various aspects of the under the act. copyright process, including copyright attorney The Office of the General Counsel and the Stanley Rothenberg, graphic designers Edith & Examining Division collaborated in developing Philip Leonian, attorney William Krasilovsky. new regulations covering deposit requirements music publisher Leonard Feist, and Justice for mask works. On January 3, 1985, the Copy- Department attorney John F-. Also sponged REPORT OF m REGISTER OF COWRIGIQIS, tm

by the Examining Division were the 1985 Vin- study was undertaken of policies in the area of tage Music Year concerts, with tributes to the compliance actions against foreign publishers. anniversaries of Handel, Bach, Scarlatti, The cash phase of the Copyright Office In- Schuetz, and Alban Berg. In this series Wash- Process System (COINS 111) was placed in pro- ington Post music critic emeritus Paul Hume duction on September 12, 1985, enhancing the presented a free form demonstration and lecture Acquisitions and Processing Division's ability to about musical creativity and composer Jerzy track the flow of materials and services from tht Sapieyevski lectured on the roots of creativity. day they enter the system in the Data Prey- tion and Recording Unit until certificates are issued. The division played an important mle Vintage Jukebox in redesigning the workflow and retraining st&. A pilot project was inaugurated to address the In March the Rock-ola Manufacturing Corpora- problem of missing elements, an incomplete tion formally presented a vintage Rock-ola juke- claims handling area was established under the box and plaque to the Library of Congress on Materials Control Section, and staff from tht behalf of the Amusement and Music Operators Compliance Records Unit and Materials Expe- Association and the National Sound Industries diting Unit worked to bring missing elements of Mexico. The Licensing Division of the Copy- under a central control. right Office, which administers the jukebox com- pulsory license, hosted the ceremony. The jukebox is on display in the Licensing Division. Examining Division The Examining Division continued to seek ways WORKLOAD AND PRODUCTION to streamline and simplify work procedures in the face of rising receipts without a commen- Acquisitions and Processing Division surate increase in staffing levels. Division staff participated in various task groups working on It was a year of increasing work levels for the problems involved in registering products of Acquisitions and Processing Division as registra- new technologies such as databases, computer tions increased by 7.6 percent to 551,722 and programs, and semiconductor chip products. special handling requests totaled 1,674. Other task groups helped develop new practices A major task of this division during the fiscal and policies in such areas as the registration af year was the creation of a plan to separate the choreography, unpublished collections, and & acquisitions functions from the processing func- rivative works containing copyrighted material. tions. By the end of the year this reorganization Division staff members drafted circulars and plan had been accomplished and the Deposits leaflets on audiovisual works, multimedia and Acquisitions Section was ready to become works, and databases. a full division. As the implementation of COINS IIl brought The mission of the Deposits and Acquisitions new challenges, the division continued to seek Section, operating under section 407 of the copy- better technologies for organizing its work. W right law, is to acquire copyrighted works members worked on task groups preparing fat- needed for the Library's collections by enforcing ommendations for the Exception Tracking Sys- the law's deposit provisions. During fiscal 1985 tem, an extension of COINS that will replace the the section acquired $460,623 worth of mate- older Correspondence Management System. rials, including 340 titles for the Motion Picture, To implement the Semiconductor Chip Pro- Broadcasting, and Recorded Sound Division as tection Act, the Examining Division not only well as numerous other valuable books, prints, developed new forms and procedures but also microfiche editions, and sound recordings. A trained staff and a supervisor to examine semi- REPORT OF THE REGISTER OF COPYRIGHTS, 1W

conductor products. The Mask Work Unit pro- evenly to available information specialists bkt cessed more than sixteen hundred registration also provides valuable statistics on service claims and completed 916 registrations. demands. Registrations for works in the visual arts Better tracking of the status of search requests showed substantial increases, as did appeals and was a result of the installation of an IBM com- requests for special handling of visual arts puter in the Reference and Bibliography Section. claims. A dramatic increase in the numbers of In addition, the time-consuming manual filing renewal registrations, particularly for music, systems used previously can now be eliminated. seemed to be related to the emergence of rock A step toward comprehensive revision af and roll music and television productions in the application forms was taken during the year as mid 1950's. The Renewals Section also began a task group chaired by the chief of the Infoma- accepting renewal applications for foreign works tion and Reference Division began analyzing eligible for protection in the United States in recommendations on form content and design. accordance with the provisions of the Univer- Drafts of thirteen forms were created for circulrr- sal Copyright Convention. tion to the staff for comment. The division initiated two inhouse serial pub- New Dictaphone recorders were installed ia lications- a monthly report of trends and devel- the Publication Section to increase the quality opments in copyright and related fields that of service on the Publications and Forms Ha&- affect the division and a report of recent court line, an after-hours automatic request recording decisions of interest to examiners. Workshops service. were held for senior examiners and supervisors The division contributed to the opening of the on examining supplementary copyright registra- permanent copyright exhibit, "By Securing to tions to ensure uniformity among the sections. Authors," by handling public relations, organiz- The division also undertook a project to elimi- ing a reception marking the occasion, arranging nate a large backlog of basic and supplementary press coverage, and helping produce the exhibit registrations that were awaiting annotations. poster and catalog. Staff from the division represented the Copy- right Office at conferences and meetings of the Information and Reference,Division American Library Association, American Book- sellers Association, American Bar Association, As the Information and Reference Division's and numerous other organizations. workload continued to increase in almost every Publications produced during the year in- area of responsibility, the division made special cluded volumes 1and 2 of the Compendium of efforts to fulfill its goal of providing accurate, Copyright Office Practices, the Annual Report useful, and timely information and services. The of the Register of Copyrights for 1983 and 198.1, staff coped ably with the increased demands in several new circulars (including R100, Fedemi spite of the fact that there were no increases in Statutory Protection for Mask Works, R9, Works staffing levels. A major factor in accomplishing Made for Hire, and R64, Registration for Secure this feat was the creation of a detailed, formal Tests), and numerous announcements and work plan representing the consensus of staff in regulations. all sections about what the division's activities and priorities should be during the year. Service to the public was significantly im- proved this year with the installation on Janu- Records Management Division ary 28 of a ROLM automatic call distribution system in the Information Section. The system During fiscal 1985 the Records Management not only accommodates the large number of calls Division participated in the task of reallocating the office receives and distributes them mom the functions of the division into two other &ha- I I I sions as part of the overall Copyright Office of the cataloging rules, moving closer to stan- reorganization. The record-keeping functions of dardization within the division. the division became part of the Information and Reference Division, which has also been in- volved in providing information about copyright Licensing Division records to the public. Early in the year the ' Registration Numbering Unit merged with the During 1985 deregulatory action by the Federal Certificate Production Unit in an effort to im- Communications Commission and a rate in- I prove the workflow. crease imposed by the Copyright Royalty Tri- i Reviews of copyright deposits stored at the bunal added to the complexity of administering Landover Deposit Copy Storage Unit continued. the cable copyright compulsory license. In Many deposits were transferred to the collec- response to the additional rate structures and tions of the Library of Congress while others requirements imposed on cable systems by the have been placed under retention schedules and tribunal, the Licensing Division, in conjunction will ultimately be transferred to the Washington with the Office of the General Counsel, revised I National Records Center. Investigations of the Cable Statement of Account. During the year methods for storing applications electronically the tribunal made two separate distributions of / continued during the year. jukebox royalty fees totaling $3 million and six 1 separate distributions of cable royalty fees total- ing $45 million. The Licensing Division collects I and invests these funds until the time of distribu- Cataloging Division tion is set. In fiscal 1985 the division handled $96 ! a record total of million in royalties and , The Cataloging Division, which is responsible managed more than $200 million in multiple in- for creating online records of all copyright regis- vestment accounts covering various accounting trations, cataloged 532,758 registrations and periods for both jukebox and cable royalty fees. document recordations during the year, an in- Negotiations between the owners of jukeboxes crease of 44,646 over fiscal 1984. represented by the Amusement and Music Oper- Staff in the Documents Pilot Project, which ators Association (AMOA) and the music per- was established last year, in cooperation with forming rights organizations led to an agreement the Cataloging Division, Examining Division, that will help jukebox owners comply with the I and Administrative Office, developed product- Copyright Act. As part of this agreement, the line procedures for recordation of documents performing rights societies agreed to establish within the Copyright Office. The pilot project a system by which jukebox owners who com- was converted into a permanent Documents Unit plied with the act by licensing their jukeboxes within the Cataloging Division. would be entitled to a rebate of the royalties The division employed technology to solve a paid. number of internal communication problems. The Technical Support Section supervised installation of a public address system covering COPYRIGHT OFFICE REGULATIONS the entire division, and E-Mail was introduced into all of the computer terminals. Work con- Deposit Regulations tinued on the development of enhancements to the serials subsystem of the Copyright Office Under section 407 of the Copyright Act, the Publication and Interactive Cataloging System owner of copyright or the owner of the exclusive (COPICS) that will ultimately lead to full serial right of publication in a work published with retrieval capability. The Rules Review Group notice of copyright in the United States is finished work on the style and format sections required to deposit copies or phonorecords of the REPORT OF THE REGISTER OF COPYRIGHTS. 191

work in the Copyright Office for the use or Copyright Office systems of record, reflecting disposition of the Library of Congress. Section changes in the Privacy Act regarding such 408 of the act also requires the deposit of copies, reports. The act, which had previously required phonorecords, or identifying material in connec- an agency to report at least annually, war tion with applications for copyright registration. amended to require a report only upon the On February 14,1985,the Copyright Office pub- establishment or revision of a system of records. lished proposed amendments to the deposit reg- ulations. Public comments on the proposed amendments were analyzed and, as the fiscal Cancellation of Registrations year came to a close, final regulations had been drafted and were being prepared for issuance. On August 16, 1985,the Copyright Office pub- lished a proposed regulation governing cancella- tion of completed registrations. The effect of the Cable Television regulation is to state that the Copyright Office will cancel a completed registration that wu Section 111 of the Copyright Act prescribes con- made in error or that was made in the wrong ditions under which cable systems may obtain classification and to specify the conditions under a compulsory license to retransmit copyrighted which cancellation may occur. The regulation. works by filing Notices of Identity and Signal which was issued to inform the public mom Carriage Complement as well as Statements of explicitly of cancellation practices gives the Account and submitting statutory royalty fees. copyright claimant thirty days to present argu- On March 7, 1985, the office published final reg- ments against cancellation when the proposed ulations to modify the filing requirements and action is based on substantive grounds. It b royalty fee calculations necessitated by changes anticipated the regulation will be issued in final in rules and regulations of the Federal Commu- form early in fiscal 1986. nications Commission effective June 25, 1981, which removed cable television distant signal limitations and syndicated program exclusivity Public Announcements rules from the FCC regulations. These regula- tions made final, without modification, interim On October 10. 1984, the Copyright Ofke rules that were published by the Copyright announced that the fee for special handling d Office on May 20, 1982. applications for registration of claims to copy- right was being increased to $200, effective November 9, 1984. The fee was established by Information a provision in the Copyright Act that authorizer the Register of Copyrights to fix a fee for any The Copyright Office issued a final regulation, special services requiring a substantial amount effective July 24, 1985,regarding office organiza- of time or expense. tion and procedures in providing information. After holding a public hearing in October, the The regulation explains the general information Copyright Office published a notice on Novem- that can be obtained from the Copyright Office ber 28 covering the policy decision that had been and prescribes the conditions under which made regarding the status of low-power teltsvi- records, correspondence, and deposit material sion stations under the definition of "local ser- may be inspected and copied. It also gives the vice area of a primary transmitter" found in addresses to which various kinds of requests to section lll(f)of the Copyright Act. This defini- the office should be directed. tion establishes the demarcation between so- On August 14, 1985, regulations were called "localn and "distantn signals under the amended to change the frequency of reporting cable compulsory license. The office concluded REPORT OF THE REGISTER OF COPYRIGHTS, 1985

that the status of low power television stations future the FCC will cease making determinations under the compulsory license is ambiguous and concerning the redesignation of the major televi- consequently decided to take a neutral position sion market list. In such event, the issue raised on the issue. It was announced that the Copy- in this inquiry, that is, whether a change in the right Office would not question the determina- FCC's major television market list is a rule tion by a cable system that a lbw-power station's change for purposes of determining copyright signal is 'local" within an area approximating the royalties, is moot. Early next fiscal year the o&e normal coverage zone of such station. intends to publish its policy decision concern- On November 28, 1984, the Copyright Office ing the significance for copyright purposes of the announced that it had established a new system FCC's action amending the list of major televi- of records to facilitate access by members of the sion markets. public to Copyright Office correspondence relat- Databases present special problems for deposit ing to the cable compulsory licensing system. and examination because they are constantly The system contains correspondence of the changing and there is some question about the Licensing Division, the Register of Copyrights, copyrightability of additional small increments and other Copyright Office officials with mem- of information. In this connection, the office bers of the public concerning administration of published a notice of inquiry on June 10, 1985, the licensing system. soliciting public comment on a number of possi- On February 14, 1985, the office announced ble deposit alternatives, the deposit require- the availability of a new Compendium of Copy- ments for machine-readable databases including right Office Practices. The manual reflects revisions, and the use of the special relief pro- examining and related practices under the Copy- visions to ease the registration requirements for right Act of 1976. databases.

Notices of Inquiry Legislative Developments On January 17, 1985, the Federal Communica- The fiscal year saw substantial legislative activ- tions Commission published a final rule amend- ity in the copyright field, reflecting the impact ing the list of major television markets. On of rapid technological changes. The Acting Reg- April 15, 1985, the Copyright Office published ister of Copyrights. Donald C. Curran, testified a notice of inquiry to review the copyright impli- before congressional committees on several cations of the FCC rules amendment. A cable occasions during the fiscal year. In April he system looks to the FCC list of major television appeared at a hearing held by the Senate Subcola markets to determine whether it may be required mittee on Patents, Copyrights, and Trademarks under the remaining FCC carriage rules to carry inquiring into the adequacy of the criminal a particular television broadcast station, with penalties provided for in the Copyright Act of implications for the amount of royalties it may 1976. In May, at the copyright oversight hearing have to pay under the compulsory license provi- conducted by the House Subcommittee on sions of section 111 of the Copyright Act. On Courts, Civil Liberties, and the Administration ab July 19, 1985, the Court of Appeals for the Justice, Mr. Cuman highlighted the achievements District of Columbia held in Quincy Cable TV, of the office during 1984 and touched briefly on Inc. v. F.C.C., No. 83-2050, slip. op. (D.C. Cir. some of the problems. That same month Mr. Cur- July 19, 1985) that in their current form the FCCs ran appeared for the Copyright Office before ths mandatory carriage rules contravene the First Senate Subcommittee on Patents, Copyrights, Amendment. If the Quincy decision stands and and Trademarks in a hearing to discuss various the FCC does not attempt to redraft its regula- aspects of the Berne Convention and possible tions, there is a strong possibility that in the near United States adherence to it. REPORT OF THE REGISTER OF COPYRIGHTS, 1985

Two bills were introduced in the House of amends the termination provisions of both sec- Representatives concerning home video and tion 203 and section 304. audio taping. On January 3, 1985, Rep. Stan Two bills that would alter the Copyright Parris introduced H.R. 384, which would Royalty Tribunal were introduced during the exempt video recording for private noncommer- fiscal year. H. R. 2752, introduced by Rep. Mike cial use from copyright infringement provisions. Synar on June 12, 1985, would terminate the Home audio taping was the subject of H.R. 2911, tribunal and transfer its functions to the Office introduced June 27, 1985, by Representative of the Register of Copyrights. Rep. Robert Bruce Morrison. The bill exempts home taping Kastenmeier's bill, H.R. 2784, would likewise for private use from copyright liability. Under abolish the tribunal and replace it with a Copy- the bill, manufacturers and importers of blank right Royalty Court. The Subcommittee on audio tape and audio recording equipment Courts, Civil Liberties, and the Administration would pay a reasonable royalty fee to compen- of Justice held hearings during the year to con- sate copyright owners, based on a percentage of sider these bills as well as other possible reforms the price charged for the first domestic sale of of the tribunal. The Acting Register of Copy- the tapes or devices. No action has been taken rights presented various alternatives for the on these measures. reform of the agency at a hearing before the sub- Two bills relating to home viewing of satellite- committee on June 19, 1985. transmitted television programming were intro- The cable television compulsory license pro- duced and referred to the Committee on Energy visions continued to be the target of a number and Commerce. H.R. 1769, introduced by Rep. of legislative proposals. H.R. 3339, introduced Judd Gregg on March 27, 1985, would amend by Rep. Barney Frank on September 18, 1985, section 705 of the Communications Act of 1934 would amend section 111 of the Copyright Act to provide a two-year moratorium on the encryp- to eliminate the cable compulsory license for tion of satellite cable programming. The mora- retransmission of distant signals. The bill creates torium would allow development of a marketing an exemption from copyright liability for system that would permit private viewing of retransmissions made by small cable systems such programming by home satellite earth sta- (those that serve fewer than 2,500 subscribers tion owners. H.R. 1840, introduced by Rep. W. and those carrying local signals that have a J. Tauzin on March 28,1985, would amend the capacity of twelve or fewer channels) and for Communications Act of 1934 to provide a com- local retransmissions made by cable systems that pulsory license that would ensure home satellite carry, as part of their basic tier of cable service earth station owners reception of encrypted that is regularly provided to all subscribers at the satellite programming decoded for private minimum charge, the unaltered signals of every viewing. local broadcast television station. S. 584, intro- In the wake of the Supreme Court's decision duced March 5, 1985, by Sen. Paul Trible, in Mills Music, Inc. v. Snyder, 105 S.Ct. 638 would require the FCC to maintain and enforce (1985), two bills were introduced to clarify the mustcarry rules in effect on October 1, 1983. operation of the "derivative works exception" to H.R. 1837, introduced by Rep. Robin Tallon on the "termination of transfers and licenses" pro- March 28, 1985, would eliminate any require- visions of the Copyright Act of 1976. On ment for carrying certain out-of-state broadcast June 27,1985, Sen. Arlen Specter introduced S. signals by any cable system under the must-carry 1384, which would amend section 304(c)(6) to rules of the FCC. Companion bills S. 1526 and make it clear that any royalties from the utiliza- H.R. 3108 were introduced on July 30,1985, by tion of derivative works after termination of the Sen. Charles McC. Mathias and Rep. Robert grant will revert to the person exercising the ter- Kastenmeier, respectively, to clarify the defini- mination grant. On August 1, 1985, Rep. tion, in section lll(f)of the Copyright Act, of Howard Berman introduced H.R. 3163, which the local service area of a primary transmitter in REPORT OF THE REGISTER OF COPYRIGHTS, 1985

the case of a low power television station. No artistic, dramatic, literary, and musical works action was taken on any of these measures. and a fund made up of payments to the govern- Sen. Charles McC. Mathias introduced S. 658 ment for the right to use or publicly perform on March 14, 1985, to establish a commission artistic, dramatic, literary, and musical works in to study and make recommendations on the the public domain. In carrying out the study, the desirability and feasibility of amending the Comptroller General will consult the Register of copyright laws to compensate authors for the Copyrights on a regular basis. The bill was not-for-profit lending of their works by public reported out of committee on August 1, 1985. libraries. Senator Mathias had introduced a similar measure in the preceding Congress. Reporting to Congress In other legislative activities, the Design Pro- tection Bill was reintroduced on April 2, 1985, "During the last two decades the copyright as H.R. 1900 by Rep. Carlos Moorhead. The bill industries in size passed farming, automobile would provide protection in the copyright law manufacturing, and electrical machinery manu- for ornamental designs of useful articles. facturing, and now rank second behind only the S. 3074, entitled the Computer Software Pro- medicallhealth industry," the Copyright Ofice tection Act of 1984, was introduced by Sen. declared in its report to Congress in Decem- Charles McC. Mathias on October 5, 1984. The ber 1984 on the growing importance and size d purpose of the bill is to protect copyrighted com- the copyright-related industries. The report had puter programs from unauthorized copying by been requested by Sen. Charles McC. Mathiae, making it illegal for the owner of a particular Chairman of the Senate Subcommittee on copy of a computer program, for purposes of Patents, Copyrights, and Trademarks to assist in commercial advantage, to dispose of, or autho- considering the impact of changes in copyright rize the disposal of, the possession of the copy legislation. by rental, lease, or lending. Rep. Barney Frank After examining the report Senator Mathias introduced H.R. 3465 on October 1, 1985, to commented that it would be useful to Congress remove the July 1, 1986, expiration date for the in its continuing efforts to adapt our copyright manufacturing requirements from section 601 of laws to the Information Age and its new the Copyright Act. The effect of the legislation technologies. would be to make permanent the requirements of the manufacturing clause. Two bills, H.R. 3124 and H.R. 3146, were introduced by Rep. JUDICIAL DEVELOPMENTS Edward Zschau and Rep. Fortney Stark, respec- tively, to amend the Internal Revenue Code of U.S. Supreme Court 1954 with respect to the treatment of computer software royalties under the personal holding In Mills Music, Inc. v. Snyder, 105 S.Ct. 638 company provisions. (1985) the U.S. Supreme Court concluded that S. 1264, a bill to amend the National Founda- a music publisher had the right to continue to tion on the Arts and Humanities Act of 1965, receive royalties from derivative sound record- introduced by Sen. Dan Quayle on June 7,1985, ings it licensed before the termination of its would require the Comptroller General of the ownership of a musical work. The controversy United States to study the feasibility of supple- arose out of a statutory exception to the termim- menting expenditures made from the general tion right providing that a 'derivative work fund of the Treasury for the National Endow- prepared under authority of the grant before ter- ment for the Arts, the National Endowment for mination may continue to be utilized under the the Humanities, and the Institute of Museum terms of the grant after its termination." Under Services with payments made to the government the newly acquired right, an author's heirs had through an extension of the copyright term for acted to acquire ownership of the song "Who's / REPORT OF THE REGISTER OF COPYRIGHTS. 1985

Sorry Now," effectively terminating the music ground that they were useful articles without publisher's previous ownership. separable copyrightable features. Plaintiff In United States v. Dowling, 105 S.Ct. 3127 brought this action to ask the court to order the (1985), the issue was whether interstate trans- registrations reinstated, arguing that the Register portation of bootleg recordings violated the Na- had no legal authority to cancel a completed tional Stolen Property Act. A distributor was registration and complaining of violations of its convicted of criminal copyright infringement due process rights. After reconsideration, the and interstate transport of bootleg recordings of Copyright Office decided to reinstate the regis- the works of Elvis Presley and subsequently trations for the purpose of giving the plaintiff the appealed the copyright conviction. In reversing opportunity to show cause why the claims the appellate court that had affirmed the convic- should not be canceled. The case against the .tion, the Supreme Court noted the absence of Register was then dismissed for mootness, but identicality between the actual property trans- a motion for attorneys' fees is still pending. In ported and that said to be stolen. The Court com- another pending case, Jon Woods Fashions, Inc. mented that copyrights are not chattels but a v. Curran, Civ. No. 85-3203 (S.D.N.Y. filed bundle of rights, and should not be considered April 25, 1985), plaintiff challenged the refusal the same as goods, wares, or merchandise. of the Copyright Office to register a claim to Following the landmark Betamw decision of copyright in a de minimis textile fabric design. last term, the Supreme Court had another occa- The Registeis motion to dismiss the mandamus sion to apply the fair use doctrine this term. In action or, in the alternative, for summary judg- Harper 6. Row v. The Nation Enterprises, 105 ment was filed in August. S.Ct. 2218 (1985), The Nation sought to have its Bmndir International, Inc. v. Columbia prepublication scoop of portions of the memoirs Cascade Timber Co., Civ. No. 84-1411 of former President Gerald Ford, A Time To (S.D.N.Y. filed Feb. 28, 1984), an infringement Heal, protected by fair use. Although the action brought in the Southern District of New Supreme Court agreed with the Second Circuit York, involves a bicycle rack that had been sub- of Appeals that copyright should increase and mitted for registration as a work described as not impede the spread of knowledge, it said that "ribbon sculpture." The office had refused regis- the Second Circuit gave in~~cientdeference tration based on the absence of separable artistic to the scheme established by the Copyright Act features apart from the shape of the bicycle rack. for accomplishing that purpose. The Court fur- After being served with a copy of the complaint ther held that in "using generous verbatim in accordance with section 411(a) of title 17, the excerpts of Mr. Ford's unpublished manu- office intervened as a party defendant. Follow- script . . . The Nation effectively arrogated to ing the court's denial of its motion for change itself the right of first publication" and con- of venue, the defendant filed a motion to dish cluded that defendant's use was not a fair use on which oral argument was heard in August. within the meaning of the Copyright Act. There had been no ruling on that motion by the end of the fiscal year. Two additional cases that the Copyright Of- Copyright Office Litigation fice had previously entered under 17 U.S.C. 411(a) were concluded this fiscal year. In Duffey- In an unusual action, the Copyright Office's Moses v. Sunwest Productions, CV No. 83-5365 authority to cancel completed registrations of ER (C.D. Cal. filed Aug. 18,1983), the Copyright claims to copyright was challenged, in Kiddie Office intervened to explain why it refused to Rides U.S.A., Inc. v. Curran, Civ. No. 85-1368 register a logo for a periodical entitled ON-TV (D.D.C. filed April 26, 1985). Under long- on the ground that it lacked sufficient author- standing Copyright Office practices, the office ship to support a copyright. The district court canceled the registrations for six works on the granted the office's motion for su~myjudg- REPORT OF THE REGISTER OF COPYRIGHTS, 1985

ment in a bench ruling on May 17,1985. In John upholding the constitutionality of the manufac- Muller & Co., Inc. v. David A. Schoenstadt, turing requirements of the 1976 Copyright Act. M.D&1., NO. 84-0402-CV-W-6 (W.D. Mo. When the Copyright Office refused the request Dec. 22, 19841, the office had refused to register of Irwin Karp, counsel to the Authors League of the logo of the New York Amows Soccer team America, to issue an import statement for 6,000 because of insufficient copyrightable authorship. copies of a pamphlet he had had printed in The court granted the Copyright Office's motion England, the plaintiffs sought to challenge the for summary judgment. constitutionality of the manufacturing clause. In The Copyright Office is still involved in three Ladd v. Law & Technology Press, 762 F.2d 809 cases challenging the validity of its regulations (9th Cir. 1985), a publisher unsuccessfully chal- on the secondary transmission of primary broad- lenged the constitutionality of the deposit re- casts by cable systems. In National Cable Televi- quirements of the 1976 Copyright Act. The sion Association, Inc. v. Columbia Pictures action was brought by the Register of Copyrights Industries, Inc., Civ. No. 83-2785 (D.D.C. filed after the defendant had refused to deposit two Sept. 21, 1983), the Register was joined as a copies of its published periodical as required by defendant because the Copyright Office regula- section 407 of the Copyright Act. Law Ilt Tech- tions . . to gross receipts directly address nology Press complained that the deposit the irEmin the case. The government requirements were an unconstitutional burden filed a motion for summary judgment last year. under the First Amendment and an unconstitu- In Cablevision Systems Development Co. v. tional taking of property under the Fifth Amend- Motion Picture Association of America, Inc., ment. In affirming the lower court, the Court of Civ. No. 83-1655 (D.D.C. filed June 17, 19831, Appeals for the Ninth Circuit concluded that the a case parallel to the above NCTA action, plain- deposit requirements did not violate the defen- tiff seeks to establish that section 111 of the dant's constitutional rights. The court observed Copyright Act requires payment of royalties that the publisher availed itself of copyright prm based only on revenues received from its "basic tection by choosing to publish its periodical with servicewtier, to which all its customers must notice of copyright and therefore must accept the necessarily subscribe in order to receive any condition of deposit. cable service. Cox Cable Tucson, Inc. v. Ladd, Mihalek Corporation v. Michigan, 595 Civ. No. 84-534 @. Ariz. filed July 13,1984) in- F.Supp. 903 P.D. Mich. 1984) was a suit to volved the question of the rate a cable system recover money damages against officials of the must pay for a distant signal that it substitutes state of Michigan for the alleged appropriation for a distant signal that had been carried as a of designs for an advertising campaign. The dis- "grandfathered signal," that is, a distant signal trict court held that the sovereign immunity that a cable system was authorized to carry over defense barred such relief. In holding that defen- its market quota under FCC rules. After hearing dant's actions were protected by the Eleventh oral argument on the parties' cross motions for Amendment, the court expressly disapproved of summary judgment, the court issued a one-page Mills Music v. Arizona, 591 F.2d 1278 (9th Cir. order deferring to the interpretation of the Copy- 1979), which held that Congress abrogated the right Office and upholding the regulation. The statessEleventh Amendment immunities when plaintiff has filed a notice of appeal. it enacted the copyright statute. The court said that copyright owners are no more deserving than the aged, blind, or disabled, whose statu- Constitutional Questions tory rights have also been denied in cases holding that the Eleventh Amendment prevents The court rendered its decision during the year recovery against state officers. in The Authors League of America, Inc. v. Ladd, In United Christian Scientists v. Christian 82 Civ. 5731 (S.D.N.Y. October 9, 19851, Science Board of Directors of the First Church REPORT OF THE REGISTER OF COPYRIGHTS, 1985

ofChrist, Scientist, Copr. L. Rep. (CCH] 25,830 economic health of local broadcast television. (D.D.C. Aug. 15, 1985). the district court held Concluding that the must-carry rules, as drafted, unconstitutional a private copyright law enacted could not meet the more than incidental burden by Congress in 1971that both restored copyright on speech occasioned by favoring one class of protection to certain works by Mary Baker Eddy speakers over others, the court vacated the rules. that had fallen into the public domain and extended the copyright term for certain of Mrs. Eddy's works beyond that given to other works by the Copyright Act of 1909. Plaintiffs are mem- Subject Matter of Copyright bers of an "unincorporated association of reli- gionists" who challenged the Mother Church's In Poe v. Missing Persons, 745 F.2d 1238 (9th right exclusively to control the work entitled Cir. 1984), the Court of Appeals for the Ninth Science and Health, with Key to the Scriptures Circuit decided that whether a work worn by a by means of the private law. The original defen- model in a photograph was a swimsuit or a work dant, the Register of Copyrights, was dismissed of art constituted a question of fact that could in an earlier action and the Mother Church was not be decided on a motion for summary judg- added as the real party in interest. The court ment and remanded the case to the district court stated that the mandate in the Establishment for a trial on the merits. The work, entitled Aqua- Clause that "Congress shall make no law respect- tint No. 5, consisted of four pieces of cut plastic ing an establishment of religion" means that attached to several long plastic tubes. The Copy- there must be a "wall of separation" between right Office had previously refused to register a church and state. The private law was held to claim to copyright in Aquatint No. 5. Carol be a governmental action that bestowed a benefit Barnhart Inc. v. Economy Cover Corp., Docket on a particular denomination or sect, thus pene- No. 84-7867 (2d Cir. September 12, 1985) held trating that wall. that mannequins of human torsos are not copy- While not having an immediate and direct rightable because as useful articles they contain impact on present Copyright Office operations, no separable sculptural or artistic features. The Quincy Cable TV, Inc. v. FCC, No. 83-2050 appellate court noted that Congress has consis- @.C. Cir. July 19,1985) is of high interest to the tently denied protection to useful articles that office because it has possible future implications have no separately identifiable aesthetic or artis- for the cable compulsory license. In the Quincy tic features, regardless of whether they are case, the FCC's rules requiring cable television artistically satisfying or valuable. In Sherry operators to carry local systems were struck Manufacturing Co., Inc. v. Towel King of down as an unconstitutional First Amendment Florida, Inc., 753 F.2d 1565 (11th Cir. 1985),the restraint. Quincy Cable had sought relief from court considered the question of how much new the obligation to carry certain local stations. The material a derivative work must possess to make FCC had denied that relief. The court concluded it copyrightable. In the district court, defendant that the must-carry rules exceeded the permissi- complained that the work was not copyrightable ble burden on speech. Pointing out that cable and that plaintiff failed to disclose the derivative television warrants a different standard of First nature of the work in its copyright application. Amendment review from that applied to broad- In awarding judgment to the plaintiff, the court casters, the court stated that the FCC failed to ruled that the omission of this information was take into account the peculiarities of the cable not intentional. The Court of Appeals for the medium of expression in determining the effect Eleventh Circuit reversed, ruling that plaintiff's of requiring cable to carry most local stations. changes were too trivial to be copyrightable. Moreover, the court related that the FCC has In Hutchinson Telephone Co. v. Fronteer never provided empirical data that establish its Directory Co. of Minnesota, Inc., Copr. L. Rep. assumption that cable poses a real threat to the (CCH) 25,827 (8th Cir. August 13, 1985), the REPORT OF THE REGISTER OF CWYRXGHTS, 1985

court reversed a case holding that a white pages righted, although it is the work of an instant and telephone directory was not copyrightable its significance may be accidental." because publication of the directory was a state requirement. The court found that nothing in the copyright law excludes copyright protection for Formalities regulated business organizations with respect to directories that the law requires them to pro- In Wales Industrial Inc. v. Hasbro Bmdiey, Inc., duce. In Financial Information Inc. v. Moody's Copr. L. Rep. [CCH) 25,814 (S.D.N.Y. July 3, Investors Service, Inc., 751 F.2d 501 (2d Cir. 1985), the court refused to hold in a declaratory 1984), the plaintiff, a publisher of bond infor- judgment action that Hasbro's claims to copyright mation, furnished a reporting service consisting in its Transformer toys were invalid. Wales of pertinent data on bonds about to be redeemed. charged that some of the Transformers were in When a significant number of plaintiff's errors, the public domain because they had been pub- including its "ringers," appeared in another lished without copyright notice or with inade- financial reporting service, plaintiff brought suit quate notices. With respect to the notices on two for copyright infringement. The lower court held Transformers that were visible only when the that the copying was minimal and permitted by works were in their robot configuration, and not fair use because the scope of permissible fair use when the works were in their dinosaur configura- was larger for "fact works" than for "truly creative tion, the court held that the statutory requirement works." The Court of Appeals for the Second Cir for a reasonable notice under the 1976 act was cuit agreed that facts are not copyrightable but fully satisfied since the notices were permanently observed that compilations of facts have been affixed to an integral part of the toys and became traditionally protected by copyright. Noting the visible when the toys were manipulated in the two lines of authority in compilation-those that manner intended. Wales also contended that make copyrightability turn on the labor or effort some toys were in the public domain because expended in assembling the data and those that they were sold abroad without copyright notice. look exclusively to arrangement, selection, and However, the court held that for works first coordination-the Second Circuit agreed with published after January 1, 1978, the omission the latter line of cases. The appellate court then could be cured by the exclusive U.S. licensee's remanded the case to the district court for deter- "placing notices on all copies distributed under minations on whether the daily called bond data its own authority in this country and elsewhere was copyrightable and whether the annual and by registering the works with the Copyright bound volume of called bonds "served a real or Office within five years after their initial publica- trivial purpose." In Rockford Map Publishers, tion by the foreign author." Inc. v. Directory Service Co. of Colomdo, Inc., In Shapiro 6 Son Bedspread Corp. v. Royal Copr. L. Rep. (CCH) 25,817 (7th Cir. July 15, Mills Associates, 764 F.2d 69 (2d Cir. 1985),the 1985),the plaintiff, a derof county plat maps, Court of Appeals for the Second Circuit reversed complained that the defendant was using its the district court's ruling that plaintiff's effort to maps as templates to prepare maps defendant add notice to its bedspreads was unreasonable distributes to the public. The district court found as a matter of law. Although plaintiff registered for the plaintiff. On appeal, defendant chal- its work within five years of first publication, lenged the copyrightability of the maps on the plaintiff had distributed approximately 500,000 ground that plaintiffs had not contributed bedspreads containing defective notices. Distin- enough effort to the map, having spent only a guishing this case from Beacon Looms, Inc. v. few hours on the version in question. In affirm- S. Lichtenberg 6 Co., Inc., 552 F.Supp. 1305 ing the district court, the Court of Appeals for (S.D.N.Y. 1982), the court noted that plaintiff the Seventh Circuit stated that ". . . the input of did not deliberately omit the notice but added time is irrelevant. A photograph may be copy- it to the bedspreads in its own inventory. In Can- field v. Ponchatoula Times, 759 F.2d 493 (5th their territories. The convention exempts signals Cir. 19851, the trial court held and the Court of that are intended for direct reception from satel- Appeals for the Fifth Circuit &inned that copy- lite by the general public; these broadcaet satel- right in an advertisement was forfeited when it lite signals ate generally already regulated under was published without a separate notice of copy- the copyright or neighboring rights regimes of right. The court held that the general notice on most states. The convention should serve both the collective work as a whole was insuffident as a model to other nations that look to the to give notice ofthe copyright claim in the adver- United States for guidance in resolving qua+ tisement, even where the ppyright owner in the tions raised by new technologies and as a bench- collective work and the newspaper ad-ent mark of fairness from which the United States are the same, if the advertisement is inserted "on can seek similar treatment in the markets of our behalf of someone other than the copyright owner tradiw partners. of the collective work." In Gmnse v. Brown, Civil The 98th Gmjgess enacted the Trade and Td File No. 3-80-338 @. Minn. July 1,1985], a pm Act of 1984, P.L. 98-573, signed into law on Oc- trait photographer sought to show systematic tober 30, 1984, requirine United States trading copyright infringement by defendant. PlaintifPs partners to protect United Stateg intellectual pmp normal business practice was to make high- erty rights. The act make8 a country's th3atment quality photographs and either sell the first copy of intellectual proma mandatary criterion for to the customer at a loss or to give the customer Gexmrakd System of Preferenoes bedits. the first copy, hoping to seU others at full price. In the 99th Congress several bills affecting in- The court found the defendant was reproducing ternational copyright issues were introduced but plaintifPs warks and had infringed the copyright not further acted upon. On January 31, 1985, in a number of cases. However, the court refused Sen. Frank Lautenberg introduced S. 339, which to allow plaintiff damages for all photographs provides that where a foreign nation denies or copied because of the manner in which plaintiff limits the term of copyright protection of com- had registered hie works. The court found the act puter software, the United States shall recipro- of giving the customer a free copy or selling a cally deny or limit protection of software Arst photograph to a paying customer constituted published in that nation or by one of its na- publication of the photograph. Most of these^ tionals. Senator Lautenberg also introduced S. works. however, had been registered as parts of 1647, a bill to amend the Tariff Act of 1930 to unpublished collections, and the court refused to enhance the pmtection of intellectual property grant relief for those photographs so registered. rights by empowering the International Trade It fur the^ disallowed relief for other works that Commission to exclude certain imported goodn plaintiff could not show were deposited with the where the article infringes a copyright. Compan- Copyright Office. ion bills were introduced by Sen. Robert Dole and Rep. Sam Gibbons, respectively, to imple International Developments ment the Nairobi Protocol of the Florence Agree- ment on the importation of Sducational, Late in 1984 the President, upon the advice of Scientific, and Cultural Materials. the Departments of Commerce, Justice, and State Since the establishment of the Berne Conven- and the Copyright Office, sent the Bnuwels Setel- tion for the Protection of Literary and ArtMic lite Convention to the Senate for ratification. The Works in 1886, there hae been periodic consid- Senate ratified the convention on October 12, eration of whether the United States would join 1984. Developed in Brussels in 1974 and now that convention. In the spring of 1985 the Copy- including nine member states, the convention right Office began developing a study of the obligates contracting states to take adequate advantages and disadvantages of adherence to meesures to prevent unauthorized distribution the Bern Convention, and in May, Acting Reg- of programming carried by satellite on or from ister Curran presented the views d the Cop+ REPORT OF THE REGISTER OF COPYRIGHTS, 1W5

Office to the Senate Subcommittee on Patents, Economic Cooperation and Development in Copyrights, and Trademarks. Mr. Curran said Paris on February 8. Representatives to the the Copyright Office supported joining Berne if meeting discussed ways of sharing information the perceived benefits of joining led to a "public from various countries on whether or not a data- and political consensus about the necessary base is protected and the extent of protection. changes in our law to make 'it consistent with In December Copyright Office policy planning the minimum obligations of Berne," and if the adviser Chris Meyer visited Taiwan and Korea to 'deposit, registration, and recordation provi- consult on copyright bills pending in those coun- sions . . . will be maintained substantially tries. Also involved in the consultations were unchanged." Also testifying at the hearing was representatives from the Departments of Com- Dr. Arpad Bogsch, Director of the World Intellec- merce and State and the U.S. trade representa- tual Property Organization, which administers tive. During January and February he participated the Berne Convention. in a series of seminars in Malaysia, Thailand, and In June 1985 the Secretary of Commerce issued Indonesia under the auspices of the Association orders permitting Japan, the United Kingdom, of Southeast Asian Nations. Topics covered in- Australia, the Netherlands, and Canada to reg- cluded computer software, international copy- ister mask works of semiconductor chips with right, the economics of copyright, and current the Copyright Office. Such orders may be issued copyright issues in the United States. The series under section 914 of the Semiconductor Chip was a joint initiative of the Copyright Office and Protection Act. In July the Patent and Trademark the Department of Commerce. Office conducted a hearing on the question of Copyright Office staff also participated in whether the Secretary of Commerce should issue UNESCO and WIPO meetings on private copy- an interim order to members of the European ing, video and audio rental, and computer soft- Economic Community. ware. In February the office was represented at In November 1984 Register of Copyrights WIPO and UNESCO's first meeting to consider David Ladd attended and delivered the keynote copyright protection for computer software. address at the 34th Annual Meeting of the Inter- In July 1985 general counsel Dorothy Schrader national Confederation of Societies of Authors traveled to Bangkok, Thailand, to testify in a and Composers (CISAC) in Tokyo. While there copyright piracy case. Ms. Schrader explained he was invited as a guest of the Ministry of Cul- how videocassettes obtain copyright protection ture of Japan to consult with various gover- in Thailand and how the U. S. registration sys- nmental leaders on the recently passed tem provides proof of ownership. semiconductor legislation. Mr. Ladd also spent In August Lewis Flacks, policy planning ad- four days in Beijing where further discussions viser, served as a member of a U.S. delegation were held regarding the office's providing copy- that met with officials of the government of right training for several Chinese during 1985. Singapore to discuss a draft revision of the coun- Copyright Office policy planning adviser try's outdated copyright law, last amended in Marybeth Peters represented the United States 1967. The delegation also included representa- at the World Intellectual Property Organization's tives from the Office of the U.S. Trade Represen- (VVIPO) Permanent Program for Development tative and the Patents and Trademark Office. The Cooperation conference, held in Geneva Febru- problem of the piracy of music, books, and video ary 4-8. The purpose of the Permanent Program recordings in Singapore was also discussed dur- is to assist lesser developed nations in finding ing the meetings. effective methods for administering their copy- right laws. Respectfully submitted, Ms. Peters also attended the Ad Hoc Meeting of Bcperts on Copyright Protection for Databases, RALPH OMAN held under the auspices of the Organization for Regis& of Copyrights REPORT OF THE Iumm Of cxmuEHTS, 1985

International Copyright Relations of the United States as of September 34 1985 This table sets forth U.S. copyright relations of current interest with the other independent nations of the worId. 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 or baty, ts of 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. ratification deposited with the government of Argentina, May 1, 1911; proclaimed by the President of the United States. July 13, 1914. UCC Geneva Party to the Universal Copyright Convention, Geneva, 1952, as of the date given. The eMve date for the United States was September 16, 1955. UCC Paris Party to the Universal Copyright Convention as revised at Paris, 1971, 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 Phonograms, Geneva, 1971, as of the date given. The effective dete for the United States was March 10, 1974. SAT Party to the Convention Relating to the Distribution of ProgrammeCarrying Signals Trurs- mitted by Satellite, Brussels. 1974, as of the date given. The effective date for the United Stat- Wa8 March 7, 1985. Unclear Became independent since 1943. Has not established copyright relations with the United States. but may be honoring obligations incurred under former political statue. None No copyright relations with the United States. Afs* UCC Geneva May 1, 1969 Baeu None Phonogram June 22. 1974 Unclear UCC Parie Feb. 28. 1978 Albania Belgium None Austria Bilateral July 1, 1891 Algeria Bilateral Sept. 20, 1907 UCC Geneva Aug . 3 1, 1960 UCC Geneva July 2, 1957 UCC Geneva Aug. 28, 1973 Bek UCC Paris July 10. 1974 SAT Aug. 6. 1982 UCC Paris Aug. 14, 1982 UCC Geneva Sept. 21, 1981 Andorra Phonogram Aug. 21, 1982 Benin UCC Geneva Sept. 16. 1955 Bahamas, The (formerly Dahomey) Ansola UCC Geneva Dec. 27. 1976 Unclear Bhutan Antigua and Barbuda Bahrain None Unclear None Bolivia Argentina Bangladd BAC May 15, 1914 Bilateral Aug. 23, 1934 UCC Geneva Aug. 5. 1975 Bottmana BAC April 19, 1950 UCC Paria Aug. 5, 1975 Unclear UCC Geneva Feb. 13, 1958 Phonogram June 30, 1973 Barbadoa Brazil UCC Geneva June 18, 1983 BAC Aug. 31, 1915 Australia UCC Paris June 18, 1983 Bilateral Apr. 2, 1957 Bilateral Mar. 15, 1918 Phonogram July 29, 1983 UCC Geneva Jan. 13, 1960 REPORT OF THE ReGISreR OF COPYIUGHTS. ls6S

Phonogram NOV. 28, 1975 Costa Rica Fiji UCC Paris Dec. 11, 1975 Bilateral Oct. 19, 1899 UCC Geneva Oct. 10, 1970 BAC Nov. 30, 1916 Phonogram Apr. 18, 1973 Brunei UCC Geneva Sept. 16, 1955 Unclear UCC Peris Mar. 7, 1980 Finland 1, 1929 Phonogram June 17, 1982 Bilateral Jan. Bulgaria UCC Geneva Apr. 16, 1963 UCC Geneva June 7, 1975 Cuba Phonogram Apr. 18, 1973 7. 1975 UCC Paris June Bilateral Nov. 17, 1903 UCC Geneva June 18, 1957 France Burkina Foeo Bilateral July 1, 1891 (formerly Upper Volta) CYP- UCC Geneva Jan. 14, 1956 Unclear Unclear Phonogram Apr. 18. 1973 Burma Paris July 10, 1974 Unclear Czechodovalda Bilateral Mar. 1, 1927 Gabon Bunmdi UCC Geneva Jan. 6. 1960 Unclear Unclear UCC Paris Apr. 17, 1980 Phonogram Jan. 15, 1985 Gambia, The Cambodia Unclear (See entry under Kampuchea) Denmark Bilateral May 8. 1893 Gennany Cameroon UCC Geneva Feb. 9, 1962 Bilateral Apr. 15, 1892 1. 1973 UCC Geneva May Phonogram Mar. 24. 1977 UCC Gemwith Federal Repub- 10, 1974 UCC Paris July UCC Paris July 11. 1979 lic of Germany Sept. 16, 1955 German Denro- Canada UCC Geneva with 5, 1973 Bilateral Jan. 1. 1924 Djibouti cratic Republic Oct. Unclear UCC Paris with Federal Republic UCC Geneva Aug. 10, 1962 of Germany July 10, 1974 Cape Verde Dominica Phonogram with Federal Repub- Unclear Unclear lic of Germany May 18, 1974 Dominican Republic SAT Aug. 25, 1979 Central African Republic UCC Paris with German Demo- Unclear BAC Oct. 31, 1912 UCC Geneva May 8, 1983 cratic Republic Dec. 10. 1980 Chad UCC Paris May 8, 1983 Ghana Unclear Ecuador UCC Geneva AUR.-.22. 1962 BAC Aug. 31. 1914 Chile G~ece Bilateral May 25, 1896 UCC Geneva June 5. 1957 Bilateral Mar. 1, 1932 BAC June 14, 1955 Phonogram Sept. 14, 1974 UCC Geneva AUR.24, 1963 UCC Geneva Sept. 16. 1955 Egypt Phonogram March 24, 1977 ' Phonogram Apr. 23, 1978 Grenada I Jnclear China ' El Salvador Bilateral Jan. 13, 1904 Bilateral June 30, 1908, by virtue of Guabh Colombia Mexico City Convention, 1902 BAC Mar. 28- 1913 BAC Dec. 23. 1936 Phonogram Feb. 9, 1979 UCC Geneva Oct. 28, 1964 UCC Geneva June 18, 1976 UCC Geneva Mar. 29, 1979 Phonogram Feb. 1. 1977 UCC Paris June 18. 1976 UCC Paris Mar. 29, 1979 Guinea Comoros Equatorial Guinea UCC Geneva Nov. 13, 1981 Unclear Unclear UCC Paris Nov. 13, 1981 Congo Ethiopia Guinea-Bissau Unclear None Unclear Guyana 1ap.n * M.u Unclear UCC Geneva Apt. 28, 1956 Unclear UCC Paria Oct. 21, 1977 Malta Wtl Phonogram Oct. 14, 1978 BAC Nov. 27, 1919 UCC Geneva Nov. 19. 1968 UCC Geneva Sept. 16, 1955 Jordan Mauritda Unclear Holy !ha Uncleer (See entry under Vatican City) KPmpa~ Mauritiw UCC Geneva !hpt. 16, 1955 Hrmd11~ UCC Geneva Mar. 12, 1968 BAC Apr. 27, 1914 kYa UCC Geneva Sept. 7, 1968 Msxico Bilateral Feb. 27, 1896 UCC Paria July 10. 1974 Hone- UCC GemMay 12, 1957 Phonogram Apt. 21, 1976 Bilateral Oct. 16, 1912 BAC Apr. 24, 1964 23, 1971 SAT Aug. 25. 1979 UCC Geneva Jan. Phonogram Dec. 21, 1973 UCC Paris July 10, 1974 Kirlbetl UCC Paris Oct. 31, 1975 28. 1975 Phonogram May Unclear SAT Aug. 25, 1979 Iceland Komm Monur, UCC Geneva Dec. 18, 1956 Unclear Bilateral Oct. 15. 1852 India Kuwait UCC Geneva Sept. 16. 1955 Bilateral Aug. 15, 1947 Unclear Phonogram Dec. 2, 1974 UCC Geneva Jan. 21, 1958 UCC Paris Dec. 13, 1974 Phonogram Feb. 12, 1975 Lam UCC Geneva Sept. 10, 1955 Mongolia None Indonasia teb.non Unclear UCC Geneva Oct. 17, 1959 Molocoo UCC Geneva May 8, 1972 Irra Lesatbo UCC Paris Jan. 28,1976 None Unclear SAT June 30, 1983 -q Libella None UCC Geneva July 27. 1956 Unclear Ireland N.pm Bilateral Oct. 1, 1929 Unclear Unclear UCC Geneva Jan. 20. 1959 Liecbtemtein Nepsl braell UCC Geneva Jan. 22. 1959 None Bilateral May 15, 1948 Lwrmbourlr Nabsrlondr UCC Geneva Sept. 16, 1955 Bilateral June 29. 1910 Bilated Nov. 20, 1899 May Phonogram 1, 1978 UCC Geneva Oct. 15, 1955 UCC Geneva June 22, 1967 Phonogram Mar. 8, 1976 1t.l~ New Zeelond Bilateral Oct. 31, 1892 Madagw Bilateral Dec. 1, 1916 UCC Geneva Jan. 24. 1957 (Malagasy Republic) UCC Geneva Sept. 11, 1964 Phonogram Mar. 24, 1977 Unclear Phonogram Aug. 13, 1976 UCC Paris Jan. 25. 1980 Malawi SAT July 7, 1981 Nicmragua I UCC Geneva Oct. 26.1B65 BAC Dec. 15, 1913 Ivorg Cod MolayrSa UCC Geneva Aug. 16, 1961 Unclear Unclear SAT Aug. 25, 1979 Jamaica Maldtvsr Nigem None Unclear Unclear REPORT OF THE REGISTER OF COPYRIGHTS, 1913s

Nigeria Rwanda Swdand UCC Geneva Feb. 14. 1962 Unclear Unclear Norway Saint Christopher and Nd Sweden Bilateral July 1, 1805 Unclear Bilateral June 1, 1911 UCC Geneva Jan. 23, 1963 Saint Lucia UCC Geneva July 1, 1961 UCC Paris Aug. 7, 1974 Unciear Phonogram Apr. 18, 1973 Phonogram Aug. 1, 1978 UCC Paris July 10, 1974 Saint Vincent and the Grenadines Oman Unclear Switzerland None Bilateral July 1, 1891 Sen Merino UCC Geneva Mar. 30, 1956 Pakistan None 1 UCC Geneva Sept. 16, 1955 sprla SAo Tom6 and Principe Unclear Panama Unclear BAC Nov. 25. 1913 Tamanla Saudi Arabia Unclear UCC Geneva Oct. 17, 1962 None Phonogram June 29, 1974 Thailand Senegal UCC Paris Sept. 3. 1980 Bilateral Sept. 1, 1921 UCC Geneva July 9, 1974 Papua New Guinea U(X Paris July 10, 1974 Togo Unclear Seychellm Unclear Paraguay Unclear Tonga BAC Sept. 20. 1917 S~eI'I'Shone None UCC Geneva Mar. 11, 1962 None Phonogram Feb. 13, 1979 Trinidad and Tobago Singapore Unclear Peru Unclear BAC Apr. 30, 1920 Tunisia UCC Geneva Oct. 18, 1963 Solomon Islands UCC Geneva June 19, 1969 SAT Aug. 7, 1985 Unclear UCC Paris June 10, 1975 Phonogram Aug. 24, 1985 Somalia Turkey Philippines Unclear None Bilateral Oct. 21. 1948 South Africa Tuvalu UCC status undetedned by Bilateral July 1, 1924 Unclear UNESCO. (Copyright Office con- siders that UCC relations do not Soviet Union Uganda exist.) UCC Geneva May 27, 1973 Unclear Spain Poland Bilateral July 10, 1895 United Arab Emiretea 18, 1927 None Bilateral Feb. UCC Geneva Sept. 16, 1955 UCC Geneva Mar. 9, 1977 UCC Paris July 10, 1974 UCC Paris Mar. 9. 1977 United Kingdom Phonogram Aug. 24, 1974 Bilateral July 1, 1891 Portugal Sri Lanka UCC Geneva Sept. 27, 1957 Bilateral July 20, 1893 (formerly Ceylon) Phonogram Apr. 18, 1973 UCC Geneva Dec. 25, 1956 UCC Geneva Jan. 25, 1984 UCC Paris July 10, 1974 UCC Paris July 30, 1981 UCC Paris Jan. 25, 1984 Upper Volta Qatar Sudan (See entry under Burkina Faso) None Unclear U~leua5' Romania Suriname BAC Dec. 17, 1919 Bilateral May 14, 1928 Unclear Phonogram Jan. 18, 1983 REPORT Of THE R6CISI'ER OF COPYRlGHTS, 1-

Vpnuatu Vietnam UCC Paris July 10, 1974 Unclear Unclear SAT Aug. 25, 1979 Western Samoa Vatican City zaire Unclear Phonogram Nov. 29, 1977 moly See) UCC Geneva Oct. 5, 1955 Yemen (Aden) For worh other than sound re- Phonogram July 18, 1977 Unclear cordings, unclear UCC Paris May 6, 1980 Yemen (San'a) Zambia UCC Geneva June 1, 1965 Venezuda hone UCC Geneva Sept. 30, 1966 Yu#oslavia Zimbabwe Phonogram Nov. 18. 1982 UCC Geneva May 11, 1966 Unclear

I Efiective June 30, M8. thls county became a party to the 1902 Mexico City Convention. to which the United !hba also became a party effective the medata An regards copyright relations with the Unlted States, thb conw~nt.011b cob sidered to haw been superseded by adhmnce of thb country and the United States to the Buem AhCommtion of 1918 1 Includes the people of Thiwan. In tbe absence of a domestic copyright law h the bpl& Republic of China. the &&w of wobby them nationals is under study. fir works other than sound mcordinga, nona Bilateral copyright relations between Japan and the United Statma which were formulated effectivn May 10. ZBOB, em considered to have been abrogated and mpdedby the adherence of Jepan to the Universal Copyright Convention. Gem. 1952. April 28. 1856. REPORT OF THE REGISTER OF COPYRIGHTS, 1985

Number of Registmtions by Subject Matter, Fiscal 1985

Category of material Published Unpublished %tal

Nondramatic literary works Monographs and machine-readable works ...... 115.466 39,114 154,580 Serials ...... 120,000 120,000 Total ...... 235,466 39,114 274,580 works of the ~erformingarts, including musical worh, dramatic works, choreography and pantomimes, and motion pichues and filmstrips ...... 37,400 110,536 147.936 Works of the visual arts, including two-dimensional work of fine and graphic art, eculptural works, technical drawings and models, photographs, cartographic works, commercial prints and labels, and works of applied art ...... 33,491 16,552 50.043 Sound recordings ...... 8,422 14,321 22.743 Grand total ...... 3 14,779 180,523 495.302 Renewals...... 43,883 Total, all copyright registrations ...... 539,165

Mmk work registrations ...... 916 REPORT OF THE REGISTER OF COPYRIGHTS. 1W5

summary of Copyright Business. Fiscal 1985

Receipts Registrations Fees

Copyright registrations at $10 ...... 495. 302 $4.953.020.00 Renewdsat$6 ...... 43. 863 263.178.00 Total fees from registrations ...... 539. 165 5.216.198.00 Fees for recording documents ...... Fees for certified documents ...... Fees for searches made ...... Fees for import statements ...... Fees for special handling ...... Fees for registering mask works at $20 ...... Total fees exclusive of copyright registrations ......

Total fees ...... 5.866.848.00

Transfers I

Fees transferred to appropriation ...... 6.000.000.00 Fees transferred to miscellaneous receipts ...... 170,262.00 Fees transferred for annual cost of Licensing Division ...... 721.000.00 Total fees transferred' ...... 6.891.262.00 REPORT OF THE REGISTER OF COPYRIGHTS, 1985 .------

Disposition of Copyright Deposits, Fiscal 1985

------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

No:~rlramaticliterary works Monographs and machine-readable works ...... 118,278 94.583 10,818 223,679 Serials ...... 240,904 243,923 484,827 Total ...... 118,278 335,487 254,741 708.506 Works of the performing arts, including musical works, dramatic works, choreography and pantomimes, and motfon pictures and filmstrips ...... 104,976 18,210 121 123,307 Works of the visual arts, including two-dimensional works of fine and graphic art, sculptural works, technical drawings and models, photographs, commercial prints and labele, and works of applied art ...... 43,992 658 153 44,803 Cartographic works ...... 76 438 3,640 4,154 Total ...... 44,068 1,096 3,793 48,957

~o~al,all deposits ...... 287,405 362,202 258,996 908,603 REPORT OF THE REGISTER OF COPYRIGHTS, 1965

Estimated Value of Materials knsferred to the Libmry of Congress

Items Items accompanying submitted for ?Mal Average Total value copyright deposit only items unit of items registration under 407 transferred price transferred

Books ...... Books. periodicals (for Exchange and Gift) ...... Periodicals ...... Motion Pictures...... Music ...... Sound Recordings...... Maps ...... Prints. pictures, and works of art ...... Total ...... REPORT OF THE REGISTER OF COPYRIGHTS. 1985

Financial Statement of Royalty Fees for Compulsory Licenses for Secondary 'Ihnsmissions by Cable Systems for Calendar Year 1984

Royalty fees deposited ...... $86.461.600.54 Interest income paid on investments ...... 7.305.643.55

$93,767,244.09

Less: Operating costs ...... 565.099.00 Refunds issued ...... 361.107.00 Investments purchased at cost ...... 92.586.266.24 Copyright Royalty Tribunal cost for services ...... 150.000.00

93,662,472.24

... - Balance as of September 30. 1985 ...... 104.771.85 Face amount of securities purchased ...... 95.540.000.00

Cable royalty fees for calendar year 1984 available for distribution by the Copyright Royalty Tribunal ...... 95.644.77'1.85

Financial Statement of Royalty Fees for Compulsory Licenses for Coin-Opemted Players Uukeboxes) for Calendar Year 1985

Royalty fees deposited ...... $4.727.481.50 Interest income paid on investments ...... 471.259.83

$5,198,741.33

Less: Operating costs ...... 183.850.00 Refundsissued ...... 4.273.00 Investments purchased at cost ...... 4.962.057.57

5,150,180.57

Balance as of September 30. 1985 ...... 48.560.76

Face amount of securities purchased ...... 4.640.000.00 Estimated interest income due September 30. 1986 ...... 1,020,241.25

Jukebox royalty fees for calendar year 1985 available for distribution by the Copyright Royalty Tribunal ...... 5.708.802.01 REPORT OF THE REGISTER OF COPYIUGHTS, lWS i

Copyright Registmtions, 1790-1985

ktent mce ' District Library of Courts I Congress Labels Prints lbtal lbtal REPORT OF THE REGISTER OF COPYRIGHTS, 1W5

Copyright Registrations, 1790-1985

Patent Office District Library of Courts I Congress Labels Prints 'Ibtal Total REPORT OF THE REGISTER OF COmHTS, lWS

Copyright Registrations, 1790-1985

Wtent Office District Library of Courts I Congress Labels Prints Total Total

1961 247,014 247,014 1962 254,776 254,776 1963 264,845 264,845 1964 278,987 278.987 1965 293,617 293,617 1966 286,866 286,866 1967 294,406 294.406 1968 303,451 303.451 1969 301,258 301,258 1970 316,466 316,466 1971 329,696 329,696 1972 344,574 344.574 1973 353,648 353,648 1974 372,832 372,832 1975 401,274 401,274 1976 410,969 410,969 1976 Transitional qt.. 108,762 108,762 1977 452,702 452,702 1978 ' 331.942 331,942 1979 429,004 429,004 1980 464,743 464,743 1981 471,178 471,178 1982 468,149 468,149 1983 488,256 488,256 1984 502,628 502,628 1985 539,165 539,165

Totel 150,000 20,142,683 55,348 18,098 73,446 20,366.129

Estimated registrations made in the offices of the Clerlcs of the District Courts (source: pamphlet entitled Record8 In the Copyright Office Deposited by the United States District Courts Covering the Period 1790-1870, by Martin A. Roberts. Chief Assistant Librarian, Library of Congress. 1939). Registrations made in the Library of Congress under the Librarian, calendar years 1870-1897 (source: Annual Report. of the Librarian). Registrations made in the Copyright Office under the Register of Copyrighte, fiscal yeam 1888-1971 (source: Annuol Reports of the Register). Lebels registered in Patent Office, 18 75-1940; Prints registered in Patent Office. 1893-1940 (source: memorandum from Patent Office.dated Feb. 13. 1958. based on official reports and computations). Registrations made July 1,1976,through September 30,1976,reported separately owing to the statutory change mak- ing the fiscal years run from October 1 through September 30 instead of July 1 through Juw 30.

) Reflects changes in reporting procedure.