diminishes nor adds to the factors that determine copyrightability.
The Copyright Office observes that more digitization of even a pre-existing copyrightable work does not result in a new work of authorship. The digitized version is a copy of the pre-existing work and would be protected as such, but no new work of authorship is created. A novel may be digitized and stored in an electronic medium. Protection depends on the status of copyright in the novel; digitization does not add any new authorship.
Although the master computer program used to control the generic digitization process is protectible and may be registered, if original, this protection does not extend to the data fixing or depicting a particular typeface or typefont or to any algorithms created as an alternative means of fixing the data. The Office will register a program that can be used to create digitized versions of various typefaces but will not register the data used to depict a particular typeface or individual letterforms. If the computer program submitted for registration includes data that fixes or depicts a particular typeface, typefont, or letterform, the Office requires an appropriate disclaimer of copyright on the application to exclude the uncopyrightable data.
The Copyright Office in this decision has been conscious of the interests of typeface developers and the interests of typeface users, who, in accordance with a congressional decision not to protect typefaces, are entitled to copy this uncopyrightable subject matter. While copyright protection is not available for digitized versions of typefaces, the typeface industry has other avenues of protection through unfair competition laws, contract, and perhaps trade secrecy and trademark protection.
On the other hand, the congressional decision not to protect typeface designs, in addition to adhering to traditional standards of original authorship, reflects a concern about inappropriate protection of the vehicles for reproducing the printed word. If copyright protection existed for the data representing a particular typeface design, a printer who innocently used an infringing electronic typefont to print a public domain book would presumably infringe the copyright in the data fixed in the electronic font. The Copyright Office is persuaded that this result would undermine the congressional policy against protection for typeface designs.
The Office therefore concludes that, if copyright protection for the master computer program alone is not adequate to encourage creativity in the field of computer-assisted typeface design, any broader protection, if appropriate, should be legislated by Congress rather than established by administrative decision-making. Congress is the appropriate forum for debating the concerns that infect the question of legal protection for typeface designs or digitized representations of typefaces. Congress can legislate limitations on the scope of protection, including any appropriate exemptions for printers or other secondary, "innocent infringers."
Dated: September 13, 1988.
Ralph Oman,
Register of Copyrights.
Approved by:
James H. Billington,
The Librarian of Congress.
[FR Doc. 88-22394 Filed 9-28-88; 8:45 am]
BILLING CODE 1410-07-M
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
[88-85]
NASA Advisory Council (NAC), Space Station Science and Applications Advisory Subcommittee (SSSAAS); Meeting
AGENCY: National Aeronautics and Space Administration.
ACTION: Notice of meeting.
SUMMARY: In accordance with the Federal Advisory Committee Act, Pub. L. 92-463, as amended, the National Aeronautics and Space Administration announces a forthcoming meeting of the NASA Advisory Council, Space Station Science and Applications Advisory Subcommittee.
DATE AND TIME: October 13, 1988, 8:30 a.m. to 5 p.m., and October 14, 1988, 11 a.m. to 3 p.m.
ADDRESS: South Shore Harbour Conference Center, Lake Shore Boulevard, FM 2094, League City, TX, 77573.
FOR FURTHER INFORMATION CONTACT: Mr. Joseph K. Alexander, Code E, National Aeronautics and Space Administration, Washington, DC 20546 (202/453-1430).
SUPPLEMENTARY INFORMATION: The Space Station Science and Applications Advisory Subcommittee reports to the Space Science and Applications Advisory Committee (SSAAC) and the Aerospace Medicine Advisory Committee (AMAC) and consults with and advises the NASA Office of Space Science and Applications (OSSA) on the new capabilities to be made available by the Space Station program and how these may be most effectively utilized. It also advises the NASA Office of Space Station (OSS) on how the Space Station program may most effectively support potential science and application users. The Subcommittee will meet to discuss comments from NASA on the SSSAAS summer study recommendations, future plans from OSSA and updates of various programs in progress, and reports on crew interaction with science. The group is chaired by Dr. Franklin Lemkey and is composed of 20 members. The meeting will be open to the public up to the capacity of the room (approximately 50 people including the members of the Subcommittee). It is imperative that the meeting be held on these dates to accommodate the scheduling priorities of the key participants.
Type of meeting: Open.
Agenda:
Thursday, October 13
8:30 a.m.—Welcome and Introduction.
9 a.m.—Discussion: Comments and Recommendations from NASA on SSSAAS Summer Study in Hyannis, MA; Office of Space Science and Applications (OSSA) plans for future solicitations and announcements of opportunity.
10:30 a.m.—Report on Memorandum of Understanding.
11 a.m.—Results of Level II Preliminary Requirements Review.
2 p.m.—Joint Science Utilization Study.
2:30 p.m.—OSSA Microgravity Science and Applications facilities.
3 p.m.—Crew Interaction with Science.
4:30 p.m.—Extended Duration Crew Operation.
5 p.m.—Adjourn.
Friday, October 14
11 a.m.—Contamination Report.
1:30 p.m.—Report on Pressurized Volume Task Force Report.
2:30 p.m.—Summary and Future Actions.
3 p.m.—Adjourn.
September 23, 1988.
Ann Bradley.
Advisory Committee Management Officer, National Aeronautics and Space Administration.
[FR Doc. 88-22287 Filed 9-28-88: 8:45 am]
BILLING CODE 7510-01-M
