COPYRIGHT LAW REVISION REPORT OF THE REGISTER OF COPYRIGHTS ON THE GENERAL REVISION OF THE U.S. COPYRIGHT LAW JULY 1961 Printed for the use of the House-- Committee on the Judiciary U.S. GOVERNMENT PRINTING OFFICE 676682 WASHINGTON : 1961 For sale by the Superlntendent of Documents, U.S. Qo7cmment Prlntlug O5ce Wn~bington25, D.O. - Prlco 45 cent8 LETTER OF TRANSMITTAL THE LIBRAR~AWOF CORORESB, Washington, l).C. July 7, 1961. Hon. SAMRAYE~N, Igpealcw of the House of Representatices, Washington. D.C. SIB: As authorized by Congress, the Copyright Office of the =brary of Con- gress has in the past few years made a number of studies preparatory to a general revision of the copyright law, title 17 of the United States Code. That program bas now been completed. Thirty-four studies and a subject index have been published in a series of 12 committee prints issued by the Subcommittee on Patents, Trademarks, and Copyrights of the Senate Committee on the Judiciary. The studies have been widely circulated and interested persons were inrited to submit their comments and views. On the basis of the studies and the comments and views received. the Copy- right Ofece has prepared a report on the important issues to be considered and tentative recommendations for their solution in a general revision of the law. I am pleased to submit the report of the Register of Copyrights on general re vision of the copyright law to you find to the Vice President for consideration by the Congress. Very truly yours, L. QUINCYMUMFOBD, Librarian of Congress. (Enclosure : Copyright Law Revision Report.) IV Y1 BUMMAHY Cmpulsory license.-The present law provide that, when the copy- right owner of music once perinits it to be recorded, anyone else may record it upon payment of a statutory royalty. It is reconimended that this "compulsory license" be eliminated. UMINNINO AND ISNOTII OF COPYRIOIKT TERM "Public dissemination."-Works are now protected by the common law until they are either published in copies or registered voluntarily in un ublished form. The report proposes that common law protec- tion sR ould end, and the term of statutory copyright should begin, when a work has been "publicly disseminated" in any of the following publication of copies, (2) registration, (3) public perform- public distribution of sound recordings. Voluntary registration.-The privilege of secu~ingstatutory copy- right by voluntary registration-now available for some cl:+ssesof uil- published works only-would be extended to all classes of undissemi- nated works. Manuscripts in libraries.-The report also proposes to terminate common law rights, after a period of time, in manuscripts made avail- able to the public in a library. Duration of term.-The present term of copyright is 28 years from first publication or registration, renewable by certain persons for a second period of 28 years. The report recommends that the maximum term be increased from 56 to 70 years. With certain exceptions, the basic term would run for 28 years from first public dissemination, and would be renewable for a second wrni of 48 years. Unlike the present law, the second term would merely be an extension of existing rights. Any person claiming an interest in the copyright could submit the renewal application, and the longer term would accrue to the benefit of everyone holding any interest under the copyright. Limitation on lump-sum czs.qignmenfs.-Under the present law the renewal copyright reverts in certain situations to the author or other specified beneficiaries. The report proposes to drop this reversion and to substitute a limitation on the duration of lump-sum assign- ments. Any assignment by an author or his heirs mould not be effective after 20 years unless it provided for continuing royalties based on use or revenue from the work. FORMAL REQUIREMENTS OF COP1TRIGHT PROTECTlOS Noti~eof copyright.-The statute now requires, as a condition of copyright protection, that the published copies of a rno1.k bear a copy- . right notice. The report recommends that the requirement of notice on published copies be retained, but that inadvertent omission or errors in the notice should not forfeit the copyright. IIowc3ver inno- cent infringers misled by the omission or error ~vouldbe shielded from liability. Deposit and registration.--For works published with a copyright notice, the resent law also requires registration in the Copyright Office, inclu a ing the deposit of copies for the J,ibrary of Congress. The report proposes that the deposit of copies wanted for the Tlibrary should be mandatory, but that failure to register should not forfeit the copyright. IIomever, application for re~istrntion~vould still he a X PREFACE tl~t.Inw to cllaliging conditions, but its ad:iptability is lirl~ited. In nlallj respects, the st:itute is ilncertain, inconsistent, or in:ldequatz irl its npp1ic;ttion to present-day conditions. -1 gener:ll reex:imination and revisio~tIlave been ilrged on :ill sides. P.iS1' IiI.:\'ISIOS EFkOn'l'h ' liet\s ern 10.24 and I040 st I ong and cont iniloili efforts were 111:1tlr to revise the act of 1909. -1 nilniber of revision bills were introducecl, and rxtr~ldeclhearings \\.ere lleld by the congressional committees. Tlle proposed revisions nere designed mainly to conform oilr law with The legislative efforts aimed at I;.S. nlembersllip in the Rerne IdTnion mere abandoned after 1940. Instead, after the war, tho I;nited States participated in the development of a new worldwide convention-the Universal Copyright Convention-which was bnsi- cally consistent with the U.S. law. In 1054 the statute was amended in tlie relatively minor respects necessary to conform it with the Uni- vers;ll Copyright Convention, and the United States became n party to theU.C.C. when the Convention came into force in 1955. PRESENT REI'ISION PROORAM Copyright Office studies.-The movement for general revision, which had been suspended during the development of the Universal Copyright Convention, was revived in 1955. In the legislative ap- propriation acts for the next 3 years, Congress provided funds for a comprehensive program of research and studies by the Copyright Office as the groundwork for general revision. The studies were designed to present, as objectively as possible, the history and provisions of the present law, the problems it raiseq~ast proposals for revision, comparable provisions in foreign laws an In- ternational conventions, and an analysis of the issues and alternative solutions. Most of the studies were prepared by the Copyright Of- fice staff; a few were written by impartial specialists outside of the Office. In carryin out this program the Copyright Office has been as- sisted by a 8reneral Revision Pnnel of 29 copyright specialists ap- pointed by the Librarian of Congress. The Panel was chosen to in- cludo persons familiar with the problems and operations of the vari- ous groups concerned with copyright. -1 preliminary draft of each study \\-as sent to the members of the Panel for ~aeviern.and was tlien revised in the light of their comments. The nlenlbers werp also asked 'See "Copyright Law Reviston Study No. 1" (Senate cnmmittee print) CONTENTS Foreword-------------------------------------------------------- Lett,er of transmittal-- ---- ------ -- .................... -- ------ ---- The Report in Summary........................................... Preface---------------------------------------------------------- Ohapters I. Theoriesof Co gright---------------------------------------- 11. copyrightable korks---- - - - - - - - - - -- - - - - - - -- - - -- -- - - - - -- - - -- -- 111. Rights of Copyright Owners ................................... IV. Unpublished Works: Common Law and Statutory Protection- - - - - V. Duration of Copyright ----- - - - -- -- ---------- -- -- -- -- ---- -- ---- VI. Notice of Copyright ------------------------------------------ VII. Registration and Deposit of Copies ----,------------------------ VIII. Ownemhip of Copyright-- .................................... IX. Remedies for Infringement.................................... X. International Aspects of Copyright ----- -- ------ ---- -------- ---- XI. Miscellaneous Problems ....................................... XII. Administrative Provisions---- - -- ---- -- -- - - - - - - -- -- ---- -- -- -- -- Appendixes : A. Listofst~dies-----------------------------------------~---- B. Summary of recommendations- - - ............................ Chapter I THEORIES OF COPYRIGHT OUTLINEOF CHAPTER A. Introduction---_-----------------------.----------------------- B. The nature of copyright----------------------------------------- 1. In general---------.---------_---------------------------- 2. Copyright as property--_____-.-_------------------------- 3. Copyright as a personal right .............................. a. Generally--------_-------------------------------- b. Moralrights------_-_-_--------------------------- c. Assignability of copyright ........................... 4. Copyright as a monopoly - - - - -- - ---- - - - - -- - - ---- -- -- -- - - - - C. The pur oses of copyright-_-----------------------------.------- I. 8onsttitutional basis of the copyright law .-.-.-----_--------- 2. The rights of authors and the public interest ----------------- a. In general---------------------------------------- b. Limitations on author's rights ....................... c. The author's reward- .............................. I). Summary------------------------------------------------------ 1 REPORT OF THE REGISTER OF COPYRIGHTS ON THE GENERAL WEVISlON