Table Of Content

wo 94th ANNUAL REPORT OF THE REGISTER OF COPYRIGHTS For the fiscal year ending September 30 1991 LIBRARY OF CONGRESS / WASHINGTON / 1992 \! Library of Congress Catalog Card Number 10-35017 ISSN 0090-2845 Key title: Annual report of the Register of Copyrights For sale by the Superintendent of Documents, U.S. Government Printing Office Washington, D.C. 20402 iA CONTENTS OVERVIEW: A YEAR OF IMPROVED PUBLIC SERVICE 1 OFFICE OF THE REGISTER OF COPYRIGHTS 2 FEE INCREASE FOR COPYRISGERHVITCE S 3 BERNE IMPLEMENTATION 3 Copyright Automation Group 4 Cataloging Division 5 Examining Division 6 Inforandm Reafertencie cDivnisi on 9 Licensing Division 11 Receand iProvcessiingn Digvis ion 12 COPYROFIFICGE HSTUTDIE S 13 Patent-CoLapws yOvrerilagp hSttud y 13 Digital Audio Broadcast and Cable Services Study 14 Registrofa Cbositumle iDetsiygn s 14 Registration of Claims to Copyright in Architectural Works 14 CHANGING TECHNOLOGIES 14 Definofi Catblie Soysntem s 14 ElectFrunods nTriancsfe r 14 COPYOFRFICIE RGEGUHLATTION S 14 Amended Litigation Statement Form 14 Special Handling and Expedited Service 15 Statements of Account and Filing Requirements for Satellite Carrier Statutory License 15 Adjustment of the Syndicated Exclusivity Surcharge 15 Effective Date of Registration of Claims to Copyright 15 Group Copyright Registration of Serial Publications 15 Computer Software Lending by Libraries and Copyright Warning 16 ing Amendments 16 Mask Work Protection 16 VisAruts aReglist ry 16 PUBLIC ANNOUNCEMENTS 16 Cable Compulsory License Specialty Station Determination 16 Computer Software Rental 17 Fair Use 17 News Monitoars iFanirg U se 18 Cable: Mandatory Carriage of Local Signals 18 Cable: RetransmissCoinosenn t 18 Cable: Telco Entry 18 Cable: Consumer Protection 18 Federal Copyright for Computer Software 19 Criminal Sanctions for Violation of Software Copyright 19 Digital Audio Tape (DAT) 19 Library PhotocReoporpt yReiquinregmen t 20 Copyright Renewal 20 Mask Works and SemiconCdhiup cPrtotoectrio n 20 Motion Picture Piracy 20 AW Film Preservation 21 Design of Useful Articles 21 United States Competitiveness and Technology Leadership 21 JUDICIAL DEVELOPMENTS 21 CopyOrffiice gLithigtati on 21 i Intellectual Property 22 Copyrightable Authorship—Who Is The “Author?” 22 Subject Matter OfC opyright 23 Exclusive Rights—Exceptions 23 Copyright Renewal 24 Notice, Deposit, and Registration 24 Fair Use 25 Copyright Infringement 25 Remedies 26 Costs and AttorneFeye s 26 RigOf hPubtlici ty 27 Copyright—Extraterritorial Application 27 Tables International Copyright Relations of the United States as of September 30,1991 28 Number of Registrations by Subject Matter, Fiscal 1991 34 Number of Registrations Cataloged by Subject Matter, Fiscal 1991 35 Information and Reference Services, Fiscal 1991 36 Summary of Copyright Business, Fiscal 1991 37 Disposoif tCoipyoringh t Deposits, Fiscal 1991 38 Estimated Value of Materials Transferred to the Library of Congress 39 Financial Statement of Royalty Fees for Compulsory Licenses for Secondary Transmissions by Cable Systems for Calendar Year 1990 40 Financial Statement of Royalty Fees for Statutory Licenses for Secondary Transmissions by Satellite Carriers for Calendar Year 1990 41 Copyright Registrations, 1790-1991 42 “To promote the Progress of Science and useful Arts. . . .” vi Report to the Librarian of Congress by the Register of Copyrights THE COPYRIGHT OFFICE OVERVIEW: The Office, with congressiaoppnroavall , took A YEAR OF IMPROVED PUBLIC SERVICE a giant step into the future on September 30, 1991, when a vendor was selected to design, develop, The Copyright Office improved service dra- and install an optical disk system. Once this sys- matiducrinag lFislcaly Ye ar 1991, thantko ssup - tem comes online, handstaamnd pmiicrnofiglm - port from Congress and continued hard work ing applications and manual photocopying of from a bolstersetadff . Congress allowed the Of- registration certificates will become part of the fice to use some of the additional revenue gener- past. Such repetitive, time and labor-intensitavsek s ated by the January 1991 increase in fees for copy- will be turned over to a new generation of ma- right services to hire additional employeeasn d chines, boosting the efficiency with which the to restore services. Regoif Csopyrtighets rRal ph Office processes nearly 700,000 applicatioenasch Oman told the House Subcommiont Itnteelelec - year. The systewmil l autothme naumbterineg of tual Property and Judicial Administratitohna t regisprotducrtiona oft ceritifiocatens osf re,gist ra- the Office is “redeeming the ises that were tion, storage of applicaandt thie oretnriesva,l of made at the outset of the fee increase debate to information by the public and Copyright Office restore the services that were scaled back because searchers. Maintaining its commitment to Consul- of the budget cuts in earlier years.” Veteran em- tative Managthee Omfficee dnevetlope,d t he Re- ployees who had coped with understaffing for quest for Proposals for the optical disk storage years inspired the 35 new staff members. Together, system by consulting with a working group com- they halved the time for a routicnopey - posed of managers, affected staff, the Library's right claim from 12 weeks to six and registered technical staff, and a union representative. 662,476 claims to copyrightt—hamn odrurein g The inflof uthee conmpuctere, n ow ascendant any previouyesar . Making this achievemenatl l in our society, extended beyond the optical disk the more remarkable is the fact that the new em- and reached every diviisn tiheo Cnopy - ployees did not join the staff until the middle of the right Office. Divisions utilized new software and fiscal year, and, at year’s end, were not yet fully hardware or found themselves -oping with the trained implications ofc omputer-irntelielctauatl eprdop - The copyright industriemosti—on tphicteur e erty. The Office continued to study changing tech- industry, the computer software industry, the nologies and adapted policies to meet new chal- music industry, and all those authors, artists, and lenges— computer programs, user interfaces, digi- composers who rely on the copyright registration tal audio broadcasts, digital audio tape, satellite system—were especially pleased. master antennas, and satellite home dishes. “Intperoplertly ceonticnuets tuo bea a slhini ng The Office pushed for internaticoopynraiglht star in our economy,” Oman testiaft iane ovder - protection, which appeared to be at a critical point sight hearing in March 1991 before the 102nd in its evolOuffictialis oof tnite .Off ice met with Congress. At home and abroad, U.S. copyright copyright officials from other nations as part of a industries remained potent economic assets. These coordinated campaign with the United States Trade industries generate $25 billion in foreign sales, and Represthee Denparttmeant tofi Covmmeerce,, a nd they account for six percent of the U.S. Gross the Department of State to increase the level of National ProTdhesue fcigurtes .are all the more copyright protection worldwide. Implementation impressive as the country struggles through a of the Berne Convention, which the United States recession. joined in 1989, continued apace. The Office partici- 1 REPORT OF THE REGISTER OF COPYRIGHTS, 1991 pated in U.S. efforts to attain new protection stan- sign protection, government ownership of soft- dards responsive to technological and marketing ware, semiconductor chip design, and general changes, working through meetings of the World trade issues affecting intellectual property. The intelhectual Property Oreaniaation(W_LP.O) and Register was also the co-chaiorfm aa Un.S . del- the General on Tariffasn d Trade egation to the United Arab Emirates and Saudi (GATT), and on the negotiations for bilateral trade Arabia seeking to improve the protection of in- and investment agreements. tellectual property in the Persian Gulf. He also Here at home, the umbrella of copyright protec- travelled to Sri Lanka, where he participated in a tion opened wider this year. Certain works of trainin, course on intellectual for devel- architgeaincedt cuovrereage . The umbrellmaay oping countries in Asia and the Pacific hosted by open wider still; the Office asked the public for the W.LP.O., and to Vietnam for another W.LP.O. comments about protection for costume designs seminar on intellectual property. In May, he turned and computer programs that digitize typefaces. his attention to Africa, where he participated in a National Copyright Workshop in Lagos, Nigeria. OFFICE OF THE REGISTER OF COPYRIGHTS The Register participated in a W.LP.O. sympo- sium on artificial intelligence held at Stanford The Register and his staff engaged in a wide University, following which he, his Policy Plan- range of domestic and internatactiivoitniesa lth is ning Advisors, and other Copyright Office staff year, including testifying before Congress, partici- members conducted a one-day seminar on current pating in intercnonafertencies oannd bailalter al Copyright Office practices regarding computer negotiations with foreign countries, and conduct- software and databases. The Register was also the ing a training seminar in Spanish through its Inter- featured speaker at the annual of the national Copyright Institute. The International American Bar Association in Atlanta, at the annual Copyright Institute also conducted a seminar for meeting of the Copyright Society of the U.S.A. in officials and judges from the People’s Republic of Lake George, New York, at the Copyright Society's China. The Register, with U.S. Trade Representa- annual midwmeietinng tin Neashrvill e, Tennes- tive Carla Hills, celebrated the centennial of the see, at Prentseimincars eon- theH Feaistl delcisi on ChAact, cthe efirs t U. S.C opyrAictg toh gtran t and international issues, and at numerous other - aires ees copyright prograins, including “The Copyright Office Speaks.” a en Policy Planning Advisor Eric Schwart:: partici- st..ff: Tish Lister was appointed Secretary / Execu- pated in bilateral negotiations with officials of the tive Assitos thte Reagisntert, a nd Audrey Marcus Soviet Union, Poland, Czechoslovakia, Bulgaria, and Kathleen Mordini were appointed as Legisla- and Mexico, represented the Office in interagency tive Liaison Specialists. In the Office of the General Special 301 trade consultaandt, iaso conunssel, to Counsel, Senior Attorneys Charlotte Douglass the National Film Preservation Board, continued and Kent Dunlap were promoted to the new po- to assist Librarian of Congress James H. Billington sition of PrincLegialp Adavilsor . with the work of the Board. Policy Advi- Assisting Congress remained a principal re- sor Marybeth Peiers assisted the State Department sponsibility of the Copyright Office. The Register and the Office of the U. S. Trade tative testified seven times before this year on with bilateral negotiations with the People’s Re- the following subjects: fair use of unpublished public ofC hina and Taiwan. Policy Planning Ad- works, devices for preventing the copying of mo- visor Lewis Flacks worked extensively with the tion pictures, automatic renewal, industrial de- Office of the U. S. Trade Representaotn iisvseue s 2 REPOORF TTH E REGIOFS COTPYERIGRHTS , 1991 concerning the General Agreement on Tariffs and Trade, the European Economic Community'hasr - tional fee—an option that would cause a backlog monization efforts, and with the State Department in the workflow? on a possible protocol to the Berne Convention. A Fee Increase Task Force recommendae thdir d Policy Planning Advisor William Patry began the option, which was endorsed by the Register. This initial work on the Copyright Office’s congres- option allowed the Office to maintain near normal sional stuond artyist 's resale royalty rights, and processing for short-fee applicatiThoen Osff.ic e assisted the U.S. Trade Representoan tbiilavteera l sent the application and deposit along the normal negotwithi Miaddlte Eiasteorn ncounstri es. processing and examining route, and wrote to the remitter to the extra fee. The Register FEE INCREASE FOR COPYRISGERHVITCE S decided that if the claim were registered, it would receive the same effective date of registration it On January 3, 1991, fees were raised for copy- normally would and the certificatoef right registration and copyright services. This was would be mailed to the remitter. The Office later the first across-tihncere-aseb soinacer 1d97 8. verified that the remitter had sent the additional When the Register asked Congress to approve money. If the balance due had not been sent, the an increase,h e stressed that “... it is a plea to Office cancelled the restore the level of service to what it once was.” Although every division and section was af- Because of the fee increase, revenues rose from fected by the conseqof tuhee feen inccreeases, t he about $7 million in 1990 to about $12 million in paeney« Noon sane horn ule dee c 1991. The revenues would have been greater had by the taskg roup the increase taken effect at the beginning of the inchodod o tow thomt esU shio taeO eidiee © fiscal year. Revenue from the fee increase, some of process short fee cases exclusively. Five workers which Congress permitted the Office to use, com- and two supervisors from al ocal nonprofit agency bined with the hiring of addit,onal staff members assisted with the operation. By the end of the year, that the extra revenue allcwed, resulted in the the Short Fee Unit had produced almost 70,000 restored service that the Register promised. lettto eremrittsers . Hiring 35 new employees has allowed the Of- The Short Fee Unit and overall planning for the fice to cut pendency time—that is, the time it takes consoef thqe feue inecreanse pcroveed ssucce ss- to process a routine claim. The first stage of the ful. The copyright registration process proceeded optical disk system project, which will wed com- smoothly. puter technolwiotgh yth e processofi cnogpy - right regiswtas rfunadedt wiitho $4n00,s000, pr o- BERNE IMPLEMENTATION vided by the fee increase. Because of budget con- straints, the Office had ceased providing a free In 1989, the United States became a member of penne) oy sac li pee patent the Berne Convention for the Protection of Liter- now restorethdat service. ary and Artistic Works, as revised at Paris in 1971. Yhe fee increase presented an administrative To amend the Copyright Act to conform it to the challenge and posed difficult questions. Because treaty’s requirConegremss epanssetd tshe ,Ber ne many remitters would be unaware of the new fee, ImplementAactt iofo 1n98 8. After reviewing its the Office expected to receive thousands of appli- regulations, the Office determined that the Imple- cations and with “short” fees. Should mentation Act required only minimal, non-sub- they be returned to remitteexrpesns—ivae nop - stantive changes. These changes primarily con- tion meaning delay? Or should the Office hold the cern copyright notice and deposit and the jukebox 3 REPORT OF THE REGISTER OF COPYRIGHTS, 1991 licoef snectsion e11 6. license is suspended. The regulations continue to The Berne Convention made use of a section 401 govern procedures for jukebox operators belat- copyright notice voluntary for works first pub- edly seeking to comply with the compulsory li- lished on or after March 1, 1989. All works pub- cense for calendar year 1989 and earlier. lished on or after that date in which copyright is claimed are therefore subject to deposit in the Library of Congress, whether or not they bear a copyright notice. This means, for exampleth,a t Copyright Automation Group conttro peiriodbicalus ptubliisheod afnters Ma rch 1, 1989, need no longer bear separate copyright As the Copyright Office increased its use of notice. Notice of copyright is no longer relevant to computers, the support of the Copyright Automa- copoyff ithen aigr a nd retentiono f tion Group increased in value. Automation Group transmission programbsy the Library of Con- projects completed and ones underway this year gress. Although notice is no longer mandatory, its oa Maple apt pt methofo afdfixsati on when it is used are still lems of the January 1991 fee increase and prom- governed by section 201.20, which remains un- ised to improve major components of the registra- changed. On June13 , 1991, the Office also cor- tion and recordation processes. rected an error in regulations governing copyright The Automation Group, in cooperatiwoint h notice requiissruede inm ligeht nof tthes Ber ne the Opticai Disk Study Group and .nembers of the Library's Information Technology Services (ITS), defined the requirements for the storage system, which is expected to the production of copyright registration tes, the storage of copyright applicationsan,d We re- trieval of informatiaboonut tions. It is anticipated that the system will boost prodanud wicll timpriove vthei wortk pyrod uct through December 31, 1999, based on a finding of the Receiving and Processing Division and the that a negotliciensae its ien edffe ct. No compul- Inforandm Raefertencie oDivinsio n. sory licenses were issued in calendar year 1990. Working with the Fee Bill Task Group, the Automation Group helped to design a procedure toenable recording and tracking of short fee claims in the COINS system. These software changes fare a aggre the Receiving Division, to track and process BML, or SESAC. A new section 116A has been yw es Ryne yh added to the Copyright Act to reflect this change. The Office worked with UNESCO in a study to The license fee will be adjusted for 1991 and sub- develop a CD-ROM producttha t would contain sequent years under a formula that takes account the Copyright Laws and Treaties of the World in of the number of jukeboxes licensed in relation to English, French, and Spanish. The Automation the “benrcoyalhty pmoola agrreedk to” by the Group analyzed the software provided by UNESCO and made recommendatfioro cnresat - The Office is amending section 201.16 of the ing the database. regulations to make clear that the compulsory System develando tepstinmg perocneedted on a