by the United States House of Representatives

“ In general, subject to certain conditions and limitations, as soon as authorized phonorecords of a work have been publicly distributed, anyone could make phonorecords and distribute them to the public by following a compulsory licensing procedure and paying to the copyright owner a specified royalty. Under the Senate bill, the royalty would be payable on each record ‘‘manufactured and distributed,’’ and would amount to two and one-half cents per composition, or one-half cent per minute of playing time, whichever is larger. ”

“ An article that is normally a part of a useful article is considered a ‘‘useful article’’. The author's ‘‘widow’’ or ‘‘widower’’ is the author's surviving spouse under the law of the author's domicile at the time of his or her death, whether or not the spouse has later remarried. A ‘‘work of the United States Government’’ is a work prepared by an officer or employee of the United States Government as part of that person's official duties. ”

“ A work is “created” when it is fixed in a copy or phonorecord for the first time; where a work is prepared over a period of time, the portion of it that has been fixed at any particular time constitutes the work as of that time, and where the work has been prepared in different versions, each version constitutes a separate work. ”

“ Senate bill
⁠The Senate bill, in section 114, limited the exclusive rights of the owner of copyright in a sound recording to those specified by clauses (1) , (2) , and (3) of section 106−that is, the rights to reproduce the work in phonorecords, to make derivative works, and to distribute phonorecords. It expressly denied the exclusive right of public performance under section 106 (4) to sound recordings. ”

“ Nondramatic literary material by American authors would, as a general rule, be required to be manufactured in the United States or Canada to be entitled to full and unqualified copyright protection in the United States, but the requirement would be subject to a number of exceptions and limitations, and the sanctions for enforcement involved import restrictions and loss of remedies rather than loss of copyright. ”

“ House bill
⁠In addition to certain amendments aimed at clarification and procedural simplification, the House bill retained the basic compulsory licensing scheme envisioned in section 111 but changed it in a number of important respects. The compulsory license was extended to some, but not all, cable systems carrying Mexican or Canadian signals. Payments of royalty fees, which were to be semiannual, were determined by a formula based on a computation of the number of ‘‘distant signal equivalents’’ carried by the system. ”

“ Scope of exclusive rights in nondramatic musical works: Public performances by means of coin-operated phonorecord players. Scope of exclusive rights: Use in conjunction with computers and similar information systems. Scope of exclusive rights: Use of certain works in connection with noncommercial broadcasting.
§ 101. Definitions As used in this title, the following terms and their various forms mean the following:
An “anonymous work” is a work on the copies or phenorecords of which no natural person is identified as author. ”

“ The conferees believe that, under the provision as adopted in the conference substitute, a library or archives qualifying under section 108 (a) would be free, without regard to the archival activities of the Library of Congress or any other organization, to reproduce, on videotape or any other medium of fixation or reproduction, local, regional, or network newscasts, interviews concerning current news events, and on-the-spot coverage of news events, and to distribute a limited number of reproductions of such a program on a loan basis. ”

“ Conference substitute
⁠With one exception the conference substitute adopts the provisions of the House bill. Section 111 (d) (3) is amended to require that the royalty fees held in a fund by the Secretary of the Treasury be invested in interest-bearing U.S. securities for later distribution with interest by the Tribunal. A corresponding amendment is made in subsection (c) (1) of section 116, the jukebox provision. ”

“ Under section 407 (e) the Library would be authorized to tape programs off the air in all cases, and could under certain conditions obtain a copy or phonorecord from the copyright owner by gift, by loan for purposes of reproduction, or by purchase at cost. A correlative provision in Sec. 113 of the bill's Transitional and Supplementary Provisions established an American Television and Radio Archive in the Library of Congress to provide a repository for the preservation of radio and television programs.
Conference substitute
⁠The conference substitute adopts the House amendments. ”

“ Conference substitute
⁠The conference substitute conforms in general to the House bill, but with several changes. The body established by chapter 8 is to be named the Copyright Royalty Tribunal, and is to consist of five commissioners appointed for staggered seven-year terms by the President with the advice and consent of the Senate. The Tribunal is to be an independent agency in the legislative branch ”

“ With respect to clause (5) , it made the exemption inapplicable to cases where there is a further transmission ‘‘beyond the place where the receiving apparatus is located.’’ Clause (6) was amended to make the exemption applicable only to the governmental body or nonprofit organization sponsoring the fair, and the amendment of clause (7) was merely for purposes of clarification. ”

“ Section 110 (5) provided an exemption for public communication of a transmission received on an ordinary receiving set unless a direct charge is made or the transmission ‘‘is further transmitted to the public.’’ Section 110 (6) exempted performances of nondramatic music at nonprofit annual agricultural or horticultural fairs, and section 110 (7) dealt with performances in connection with the retail sale of copies or records of musical works. ”

“ It adds a new clause (9) to section 110 exempting nonprofit performances of dramatic works transmitted to audiences of the blind by radio subcarrier
authorization, but only for a single performance of a dramatic work published at least ten years earlier.
⁠With respect to section 110 (5) , the conference substitute conforms to the language in the Senate bill. It is the intent of the conferees that a small commercial establishment of the type involved in Twentieth Century Music Corp. v. ”

“ Error in name or date. Deposit of copies or phonorecords for Library of Congress. Copyright registration in general. Application for registration. Registration of claim and issuance of certificate. Registration as prerequisite to infringement suit. Registration as prerequisite to certain remedies for infringement.
§ 401. Notice of copyright: Visually perceptible copies
§ 402. Notice of copyright: Phonorecords of sound recordings
§ 403. Notice of copyright: Publications incorporating United States Government works
§ 404. Notice of copyright: Contributions to collective works
§ 405. ”