ANNUAL REPORT OF THE REGISTER OF COPYRIGHTS For the fiscal year ending September 30 LIBRARY OF CONGRESS / WASHINGTON / 1980 Library of Congress Catalog Card Number 10-35017 ISSN 0090-2845 Key title: Annual report of the Register of Coprights This report is reprinted from the Annual Report of the Librarian of Congress for the fiscal year ending September SO, 1979 Contents The Copyright Office 1 Administration, Personnel, Fiscal Activity, Space 2 Production and Services 3 Processing Activities 3 Acquisitions and Compliance 3 Examining 4 Cataloging 5 Information and Reference Services 6 Records Management 6 Licensing 7 Automation 8 Cooperation with Other Departments of the Library 9 Copyright Deposit Collection 9 Other Cooperative Activities 9 Copyright Office Regulations 10 Special Projects 11 Committee to Negotiate Guidelines for Off-the-Air Videotaping for Educational Uses 11 Section 108 (i) Advisory Committee 11 Legislative Developments 11 Performance Royalty for Sound Recordings 11 Protection of Ornamental Designs of Useful Articles 12 Rights of Artists 12 Protection for Imprinted Design Patterns on Semiconductor Chips 12 Exemptions of Certain Performances and Displays 13 Other Legislative Activities 13 International Activities 15 The 1979Joint Meeting of the Intergovernmental Copyright Committee and the Executive Committee of the Berne Union 15 The Berne Question 15 Developing Nations and Copyright 16 International Training Programs 17 Cable Television 17 Satellite Convention 17 Computer Uses of Copyrighted Works 18 Translators 18 Other International Activities 18 Distinguished Foreign Visitors to the Copyright Office 19 Judicial Developments 19 Subject Matter and Scope of Copyright 19 Public Performance Rights and Related Topics 20 Infringement and Defenses 23 Related Rights 27 Tables : International Copyright Relations of the United States as of September 30. 1979 31 Number of Registrations by Subject Matter of Copyright, Fiscal Year 1979 35 Disposition of Copyright Deposits, Fiscal Year 1979 36 Summary of Copyright Business 37 Financial Statement of Royalty Fees for Compulsory Licenses for Secondary Transmissions by Cable Systems for Calendar Year 1978 98 Financial Statement of Royalty Fees for Compulsory Licenses for Coin-Operated Players for Calendar Year 1979 38 9 9 "To promote the Progress of Science and useful Arts . Report to the Librarian of Congress by the Register of Copyrights THE COPYRIGHT OFFICE The accomplishments of the Copyright Off~cefor copyright. the past fiscal year can perhaps best be measured Along with these gains in the recognition and in the context of the copyright revision program, protection of the rights of the individual author, extending back at least to the enactment on Oc- there have been added provisions that limit these tober 19, 1976, of Public Law 94-553, the Act for exclusive rights in the public interest, as well as the General Revision of the Copyright Law (title 17 other limitations resulting from the inevitable com- of the United States Code), and the intense promises accompanying most legislation. The lat- preparations through 1977 for its full initial im- ter include the statutory recognition of "fair use," plementation beginning January 1, 1978. This en- a provision under which certain uses are not in- tire period has been one of concentrated attention fringements of copyright; limitations on the ex- to the myriad complex issues concerned with the clusive rights to perform or display certain works new law, a period marked by almost total dedica- arising out of the nonprofit nature of a given activi- tion within the Copyright Office to a common pur- ty; and compulsory licenses applying to certain pose, the results of which can be fairly assessed as cable television retransmissions of primary broad- major achievements. While implementation of this cast transmissions, to public performances of new statute, the first general revision of the musical works on coin-operated phonorecord copyright law since 1909, brought temporary pro- players, to the use of certain copyrighted materials duction obstacles that in turn led to arrearages and by noncommercial broadcasting entities, and to the inevitable frustration, these have been far making and distribution of phonorecords of outweighed by the basic gains realized in the musical works. American copyright system. The trend, both domestic and international, The new law has preempted virtually all state toward increased reliance upon compulsory licens- common law and statutory law equivalent to ing in particular controversial areas of copyright copyright and has substituted a single federal becomes each day more obvious and poses critical system of copyright protection, attaching from the problems for the future of the fundamental concept creation of a work, with a term in most instances that the author should have the right to control the lasting for the life of the author plus fifty years use of the copyrighted work. Indeed, as modem after the author's death. All works thus now receive society moves toward that phase of economic life federal statutory copyright from the moment of called "post-industrial," where livelihoods are their creation, without regard to when or whether earned predominantly through the sale of informa- they are ever published. And the author is clearly tion, expertise, and rielated personal services, the identified in the statute as the first owner of the extent to which copyrightable creations are pro- REPORT OF THE REGISTER OF COPYRIGHTS. 1979 tected as exclusive property interests can become sonnel in accordance with shifts in the workload. central to national growth. In order to free time for legal and international The unsettled areas that remain in copyright law matters requiring the personal attention of the seem also to reflect the movement to post-industrial Register of Copyrights, responsibilities for ad- models. These areas include educational uses of ministration of the Copyright Office were realigned copyrighted works, the. changing roles played by in June 1979. Full responsibility for matters con- libraries and information networks, the special cerned with workflow, currency, fiscal activities, treatment of the growing not-for-profit sectors of and personnel was delegated to the assistant the economy, and a host of issues involving the in- register for automation and records. The assistant creasing complexity of mass communications. register for registration and the special legal All these forces, engendered by the new law and assistants to the Register participated in a variety the dynamics of passing time, affect in some degree of legal and international studies in collaboration the Copyright Office. And it should thus be no sur- with the Register. prise that fiscal 1979, like its predecessor, has Jon A. Baumgarten, general counsel of the been a momentous period for the office. The Copyright Office since January 1976, resigned on workload again was staggering: applications for June 8, 1979, to enter the private practice of law. copyright registration were received at a rate of Mr. Baumgarten's contributions to the solution of about 10,000 per week; more than 429,000 regis- legal and administrative problems created by the trations were made. a sizable increase over the new copyright statute were invaluable. On July 16, previous year; a substantial number of cases con- 1979, Dorothy M. Schrader was appointed general tinued to require correspondence, although there counsel. Recognized as a leading expert in United was some reduction here as registrants became States and international copyright law, Ms. more experienced in completing the application Schrader has had fourteen years of varied legal and forms called for by the new law; the drafting of in- administrative experience in the Copyright Office, formation circulars continued to have priority at- including two years as general counsel, from 1974 tention; and the servicing of the backlog of un- to 1976. The Register's staff was further completed claims carried over from the previous strengthened with the appointment of Michael S. year remained a heavy burden. Indeed, the office Keplinger as special legal assistant. Susan B. has come to believe that there is to be no such thing Aramayo, chief of the Licensing Division, was pro- as a slow season in this specialized but important moted to the position of assistant chief of the area of the law. Cataloging Division on August 13, 1979. Ann L. The staff responded to these challenges with zeal Hallstein, formerly planning assistant to the and efficiency. Despite the continuing crush of Librarian of Congress, was named chief of the work before them, -they displayed a remarkably Records Management Division on July 30, 1979. strong and positive commitment to making fiscal The, Copyright Office lost several career staff 1979 a year of solid achievement. members through retirement, among them Ed- ' mund C. Bowie, attorney-adviser; Rose V. Lembo, senior administrative officer; and Melvin R. Peter- son, assistant chief of the Cataloging Division. ADMINISTRATION, PERSONNEL, FISCAL In fscal 1979 the many Copyright Office staff ACTMTY, SPACE members honored through the Library of Congress incentive awards program stood as representative The administrative structure of the Copyright Of- of the effort and dedication of the entire office fice stabilized in fiscal 1979. The new divisions staff of some six hundred people. Thirty staff added earlier in the reorganization that accom- members received individual cash