Copyright Law Revision (House Report No. 94-1476)/Errata

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Announcement

from the Copyright Office, Library of Congress, Washington, D.C. 20559



CORRECTION OF ERRORS IN PRINTED HOUSE REPORT ON S. 22

Correction of Errors in Printed House Report on S. 22 (H. Rep. No. 94-1476, Sept. 8, 1976)

Page 2: In the definition of “derivative work”, following the word “fictionalization” at the end of the 2d line, add: “motion picture version, sound recording, art reproduction, abridgment,”.

Page 3: In the definition of “pictorial, graphic, and sculptural works”, delete “the” at the beginning of the 8th line.

Page 4: In the definition of “work made for hire”, in the 11th line of clause (2) of § 101 the word “works” should read “work”.

Page 4: Delete the last 2 lines at the bottom of the page.

Page 5: Delete the first 6 lines at the top of the page.

Page 10: In § 111, in the 14th line of subsection (c)(4) the phrase “the signal or such foreign station” should read “the signal of such foreign station”.

Page 10: In § 111, in the 12th line of subsection (d)(1), the word “Royalty” should be inserted between the words “Copyright” and “Commission”.

Page 11: Following the 1st line at the top of the page insert the following: “subclause (C) or (D), a total royalty fee for the period covered by the”.

Page 14: In the 11th line, the phrase “performance and display” should read “performance or display”. In the 15th line, the word “as” should be inserted at the beginning of the line and the phrase “year on which” should read “year in which”.

Page 15: In § 112, in the last line, the last word “programs” should read “program”.

Page 15: In § 114, in the 12th line of subsection (b), the word “copyright” should read “copyrighted”.

Page 20: In § 118, in the 4th and 5th lines of subsection (d)(3), delete the repeated phrase “of section 110,” and in the 4th line from the bottom of the page the phrase “body of institution” should read “body or institution”.

Page 21: In the 4th line from the bottom of the page, “voluntary” should read “voluntarily”.

Page 22: In § 203, following the 7th line of subsection (a)(1), insert “such author may be exercised as a unit by the”.

Page 24: In § 301, in the 3d line of subsection (b)(1), the phrase “medium or expression” should read “medium of expression”.

Page 25: In § 304 (a), in the 3d line, the phrase “Provided, That is the case” should read “Provided, That in the case”, and in the 5th line, the phrase “the proprietor thereof, of” should read “the proprietor thereof, or of”, and in the 7th line the phrase “employer of whom” should read “employer for whom”.

Page 26: In the 11th line, the word “of” should be inserted between “term” and “copyright”.

Page 29: In § 405, in the 2d line of subsection (a) the word “described” should read “prescribed”, and in the 2d line of subsection (c) the word “obligation” should read “obliteration”.

Page 29: In the 2d line from the bottom of the page, the word “provision” should read “provisions”.

Page 36: In § 507, in the 1st line of subsection (a), the word “proceedings” should read “proceeding,” and in the 2d line of subsection (b) the word “the” should be inserted between the words “after” and “claim”.

Page 37: In § 601(b), at the end of the 4th line of clause (6), insert “or”.

Page 39: In § 704, in the 4th line of subsection (b), “work” should read “works”.

Page 40: In § 706, in the 1st line of subsection (b), “reproduction” should read “reproductions”.

Page 41: In § 710, in the 5th line, “work” should read “works”.

Page 41: In § 801, in the 1st line of subsection (b), “purpose” should read “purposes”.

Page 45: In Sec. 106, in the 3d line, delete “the” between “of” and “title”.

Page 45: In Sec. 110, in the 2d line, “1976” should read “1977”.

Page 46: In Sec. 113, at the end of subclause (B) of subsection (a)(1), add the word “and”.

Page 50: In the 4th line of the 7th full paragraph, the phrase “during the 95th Congress” should read “during the first session of the 95th Congress”.

Page 51: In the 4th line of the 4th full paragraph, the phrase “of copyrightable technology” should read “of copyrightable subject matter at the present stage of communications technology”.

Page 52: At the end of the page, insert “be regarded as fixed and should”.

Page 54: In the 8th line of the 2d full paragraph, “work” should read “works”.

Page 55: In the 7th line of the 1st full paragraph, “statute” should read “statue”.

Page 56: In the 11th line of the 3d full paragraph, “fixation” should read “fixations”.

Page 59: In the 14th line of the 1st paragraph, delete “is that the public should not be required to pay a “double subsidy,” and substitute “in this situation, and the basically different policy considerations”.

Page 61: In the 5th line from the bottom of the page, “works” should read “work”.

Page 62: In the 2d line of the 5th paragraph, headed Public distribution, the phrase “right of publications” should read “right of publication”.

Page 63: In the 2d line of the 1st full paragraph, the phrase “works records on film,” should read “works recorded on film,”.

Page 68: In the 1st and 2d lines of the 1st paragraph, the phrase “the minimum standards of educational fair use” should read “the minimum and not the maximum standards of educational fair use”.

Page 72: In the 2d line of the 2d full paragraph, “kill” should read “will”.

Page 73: In the 16th line of the 1st full paragraph, “section 70” should read “section 710”.

Page 75: In the 1st full paragraph, beginning “Isolated, spontaneous …”, in the 7th line the phrase “production or distribution” should read “reproduction or distribution”, and in the 9th line the word “advantages” should read “advantage”.

Page 76: In the 2d and 3d lines of the 1st full paragraph, the phrase “contribution to copyrighted collection” should read “contribution to a copyrighted collection”.

Page 77: In the 5th line of the 4th full paragraph, the word “materials” should read “material”.

Page 80: In the 2d line on the page, the word “views” should read “viewers”.

Page 81: In the 11th line on the page, the phrase “burden or proving” should read “burden of proving”.

Page 84: In the 10th line from the bottom of the page, the reference to “section 1103 (3)” should read “section 110(3)”.

Page 88: In the 6th and 7th lines of the 3d full paragraph, delete “In addition to an installation charge, the subscribers.”.

Page 90: In the 1st line of the 3d full paragraph, the phrase “their transmission” should read “the retransmission”.

Page 91: In the 1st line of the 3d full paragraph, the reference to “Section 11,” should read “section 111,”. Page 92: In the 1st line of the 1st full paragraph, the reference to “section 11(a)” should read “section 111(a)”.

Page 94: In the 11th and 12th lines on the page, the phrase “but immediately after the program,” should read “but also immediately before or after the program,”.

Page 94 In the 8th line from the bottom of the page, “Commission” should read “Committee”.

Page 97: In the 3d and 4th lines of the 1st full paragraph, delete “Gross receipts under this provision are computed cent of gross receipts.”.

Page 97: In the 10th line of the 4th full paragraph, the phrase “and copyright owner” should read “any copyright owner”.

Page 100: In the 6th line of the 2d full paragraph, “exclusively” should read “exclusivity”.

Page 101: In the 3d line of the 1st full paragraph, the phrase “nationwide transmission” should read “nationwide transmissions”.

Page 102: In the 10th line of the 1st full paragraph, the word “make” should read “under”.

Page 102: In the 8th line of the 2d full paragraph, the word “transmission” should read “transmissions”.

Page 105: In the last line on the page, delete “the”.

Page 107: In the 4th line of the 3d paragraph, the phrase “modifications in section 115” should read “modifications and clarifications in section 115”.

Page 111: In the 5th line of the 1st full paragraph, the reference to “Page 71–94.” should read “pages 91–94.”

Page 111: In the 6th line from the bottom of the page, the heading “PERFORMANCE OF COIN-OPERATED PHONORECORD PLAYERS” should read “PERFORMANCE ON COIN-OPERATED PLAYERS”.

Page 119: Between the 1st and 2d paragraphs, insert the following: Works affected

Under sections 118(b) and (e) of the Committee’s amendment, the establishment of rates and terms by the Copyright Royalty Commission pertains only to the use of published nondramatic musical works, and published pictorial, graphic, and sculptural works. As under the Senate bill, rights in plays, operas, ballet and other stage presentations, motion pictures, and other audiovisual works are not affected.

Section 118(f) is intended to make clear that this section does not permit unauthorized use, beyond the limits of section 107, of individual frames from a filmstrip or any other portion of any audiovisual work. Additionally, the application of this section to pictorial, graphic, and sculptural works does not extend to the production of transmission programs drawn to any substantial extent from a compilation of such works.

Page 119: In the 1st line of the next-to-last paragraph on the page, the phrase “Paragraph (3) and clause (d)” should read “Paragraph (3) of cluse (d)”.

Page 121: In the 5th ine on the page, the phrase “right to use of license” should read “right to use or license”.

Page 123: In the 18th line of the 2d full paragraph, the words “within, holding a particular geographic area” should read “within a particular geographic area”.

Page 126: In the 5th full paragraph (headed “Case 2”): the reference to “August 23, 2222” in the 5th line should read “August 23, 2022”; the reference to “January 1, 2224” in the 7th line should read “January 1, 2024”; the reference to “January 1, 2214 and January 1, 2222.” in the 8th line should read “January 1, 2014 and January 1, 2022.”.

Page 136: In the 3d line of the 2d full paragraph, the refernce to “29 years” should read “28 years”.

Page 138: In the 16th line of the 1st paragraph, the phrase “broadcasters, motion pictures, etc.,” should read “broadcasters, motion picture theaters, etc.,”.

Page 140: In the 1st line on the page, insert “90–141,” between “89–142,” and “90–416,”.

Page 145: In the 6th and 7th lines of the 2d full paragraph, the reference to “subsection (e)” should read “subsection (c)”.

Page 147: In the last two lines of the 3d full paragraph, the phrase “particularly copy” should read “particular copy”.

Page 150: In the first line on the page, the word “on” should be inserted between “mon” and “works”.

Page 150: In the 3d line from the bottom of the 1st full paragraph, the word “cause” should read “case”.

Page 150: In the 2d full paragraph, in the 1st line the phrase “section 407 through all” should read “sections 407 through 411”, and in the 6th and 7th lines the phrase “copies of phonorecords” should read “copies or phonorecords”.

Page 151: In the 3d line from the bottom of the page, the reference to “section 407(c)” should read “section 407(d)”.

Page 153: In the 9th line of the 1st full paragraph, the reference to “section 508.” should read “section 408.”.

Page 155: In the 1st line on the page, delete “all of the works were first published” and substitute “the renewal application and fee are received”.

Page 157: In the 6th line of the 2d full paragraph, the phrase “enforce his right” should read “enforce his rights”.

Page 159: In the 1st line on the page, “owner” should read “owners”.

Page 159: In the 2d line of the 1st full paragraph, the phrase “owner or an exclusive” should read “owner of an exclusive”.

Page 163: In the 2d line on the page “innocent” should read “innocence”.

Page 163: In the 5th line of the 2d full paragraph, “infringer” should read “infringed”.

Page 166: In the 7th line of the 2d full paragraph, the phrase “the real issue of whether” should read “the real issue is whether”.

Page 166: In the 2d line of the 3d full paragraph, “segment” should read “segments”.

Page 167: In the 6th and 7th lines from the bottom of the page, the phrase “or copies not complying” should read “of copies not complying”.

Page 169: In the 1st full paragraph, in the 1st line the reference to “Subsection (a)” should read “Subsection (d)”, and in the 9th line “owners” should read “owner”.

Page 169: In the 10th line from the bottom of the page, “article” should read “articles”.

Page 170: In the 2d line on the page, the phrase “in school” should read “in schools,”.

Page 175: In the 5th line from the bottom of the page, the word “average” should be deleted, so that the phrase “increase in the average royalty fee” would read “increase in the royalty fee”.

Page 176: In the 8th line of the 3d full paragraph, the phrase “rules are changes” should read “rules are changed”.

Page 176: Delete the last sentence on the page, beginning “It is the intent…” and ending “…before the FCC.”.

Page 180: In the 9th line of the 2d full paragraph, the phrase “rights scheduled to expire during 1976” should read “of renewal copyrights scheduled to expire during 1977,”.

Page 180: In the 6th line from the bottom of the page, the phrase “dealing with free mailing” should read “dealing with the free mailing”.

Page 181: In the 11th line of the 2d paragraph, the semi-colon should be replaced by a comma, so that the phrase reads “registration on that date, its copyright protection”.

Page 183: In the 9th line of the 1st full paragraph, the phrase “section 108(a) or” should read “section 108(a) of”.

Pages 206209: These pages are out of order. Page 209 should be renumbered as page 206 and appear immediately after page 205, and pages 206, 207, and 208 should be renumbered as pages 207, 208, and 209, respectively, and should appear after the renumbered page 206.


—Taken from the CONGRESSIONAL RECORD, Volume 122, Number 143 (daily edition September 21, 1976), at pages H 10727 and H 10728.