Beruflich Dokumente
Kultur Dokumente
REGISTER OF C O P Y R I G H T S
FOR THE FISCAL YEAR ENDING JUNE 30, 1961
COPYRIGHT OFFICE
T h e L i b r a r y of C o n g r e s s
WASHINGTON :1962
L.C. Card No. 10-35017
Chart llluslratlng
The Average
.
Authors, Composars and Songwriters
Age i n Years
First Work Mid-Careor Last Work Oiod
(Prlnclpal) (Prlnelprl)
Authors
Classical
Composars
. -
*.**
.-
Popular
Songwriters
20.5
0
'. . <
Average of
All Groups
Source: Copyright Offloe mrvey, June 20. 1981. AUTHORS: 675 authors r h o wmte In English
.nd dlod between I930 sad l96L Found In: TWENTIETH CENTURY AUTIlORS. edited
by S b P l q J. Kunltz (194'2)~ 1860 b l ~ ~ . p b i eTWENTIETH
~ CENTURY AUTHORS r
FIRBT SUPPLEMENT (1955). 700 blosaphlea COMPOSERS: 8 1 o o w o a a a wlro died
dnw IBM) sad found In: AMERICAN COMPOSERS TODAY by Cavld Eren, COMPOSERS
IN AMERICA by Claim Hela, ~d RAKER'S BIOGRAPHICAL DICnONARY OF MUSICIANS.
IIONOWRI'TERS 928 songwriters who mntrlbuted to the popular .songs Included In VARIETY
MUBlC CAVALCADE by Jullua Mattfeld (195'2) during the period 1900 la 1960. Obltu,aries
found In: VARIETY (lea0 to 1950) cad TltE ASCAP BlOGHAPtlICAL EICTIONAHY OF
COMPOSERS. AUT!IORS AND PUBLISHERS.
REPORT O F T H E REGISTER O F COPYRIGHTS, 1 96 1 5
\
lication would approximate, on the aver- bution to scholarship in the copyright field.
age, a term of 50 years after the author's All of the studies, together with a com-
death. (See chart on page 4.) prehensive subject index, have been printed
Two notable ad*&trative problems by the Subcommittee on Patents, Trade-
that arose during the vear involved the marks, and Copyrights of the Senate Judi-
deposit of videotipe and of artificial flow- ciary Committee in a series of 12 Commit-
ers. For some while the Office had been tee Prints. They were circulated to Gov-
anticipating the deposit of material repro- ernment specialists and made available to
duced on videotape, and considerable the public by the Government Printing
thought and time had been given to the Office. Interested persons were invited to
attendant problems of copyrightability, ac- submit comments on the issues presented
quisitions, publication, and the physical in the studies.
difficulties of examining, handling, and Following completion of the studies, the
storing the tape. With the policy decisions Register and the staff of the Copyright
..
made. the a ~ ~ l i c a t i owhen
n s received were Office devoted a great deal of time to an
analysis of the problems involved in revi-
processed with a minimum of time and
effort. Even though videotape deposits sion of the law and of the alternative solu-
.
have now been acce~ted.the Office still
z
~ ~
series of meetings with copyright spe- smoothing the way for consideration by the
cialists, attorneys, industry and Govern- Congress. Shortly after the close of the
ment representatives, and other groups fiscal year (August 15-1 7, 1961) hearings
concerned. Views expressed at meetings were held with the Register and Deputy
and comments received will be considered Register testifying.
in the drafting of a bill for a new copy- Aside from the design bills, there was
right law. relatively little legislative action in the
copyright field during the year. Repre-
LEGISLATION
sentative Emanuel Celler again introduced
Last year's annual report on the Copy- a bill to repeal the jukebox exemption now
right Office referred to the bills then contained in section l(e) of the law. By
pending in Congress for the protection of the close of the fiscal year no action had
ornamental designs of useful articles and been taken on the Celler bill, H.R. 70,
to the hearings held on two of these bills which is identical with H.R. 5921 of the
by the Subcommittee on Patents, Trade- 86th Congress.
marks and Copyrights of the Senate Judi- Two identical bills H.R. 6354, intro-
ciary Committee. Mention was made of duced by Representative Celler on April
the conflict between the O'Mahoney 17, 1961, and S. 2341, introduced by Sena-
(S. 2075) and Talmadge (S. 2852) bills tor J. W. Fulbright on July 3 1, 1961, were
as to the status of a copyrighted work of aimed in general at combating "record
art that is later applied to a useful article. piracy." These bills would impose crimi-
This problem received consideration and nal penalties for the transportation in com-
discussion at the meetings of the Patent, merce of phonograph records bearing wun-
Trademark and Copyright Law Section of terfeit labels and for transporting or receiv-
the American Bar Association at its gen- ing the unauthorized sound recordings
eral meeting, held in Washington in late themselves. They would also enlarge the
August 1960, and it was agreed that ways civil remedies available to the owner of the
should be found to reconcile the two differ- copyrighted music embodied in the record-
ent approaches before further bills were ings. No action was taken on either bill.
introduced.
COPYRIGHT CASES
The Office participated in redrafting the
design bill, in cooperation with the Coordi- On March 6, 1961, the only action in
nating Committee of the National Council the nature of mandamus still pending
of Patent Law Associations, under the against the Register, Dodge, Inc. v. Fisher
chairmanship of Judge Giles Rich. As a (D.D.C. Civil Action No. 142659), was
result of consultations with the proponents withdrawn with prejudice by the plaintiff.
of 'both the O'Mahoney and Talmadge The case involved the refusal by the Office
bills, a new bill was drafted which has to make registration for two metallic col-
apparently resolved the differences brought umns used as trophy bases on the ground
to light in the earlier hearings. This new that they did not constitute copyrightable
draft was introduced in the form of iden- matter.
tical bills in the House on May 3, 1961, by The most publicized copyright case of the
Representatives John James Flynt, Jr. year, and probably the most important, was
(H.R. 6776) and Gerald R. Ford, Jr. (H.R. Public Affairs Associates, Inc. v. Rickover,
6777), and in the Senate on May 16, 1961, 248 F. 2d 262 (D.C. Cir. 1960), cert.
by Senator Philip A. Hart for himself, Sen-
ator Alexander Wiley, and Senator Her-
.
granted, 365 U.S. 841 (1961) In its deci-
sion the Circuit Court of Appeals for the
man E. Talmadge (S. 1884). The con- District of Columbia held that works writ-
certed action by the legislators who had ten by a Government official on his own
sponsored conflicting bills in the preceding initiative may be copyrighted even if they
Congress was an indication that the earlier deal with matters of official concern, un-
points of view had been reconciled, thus less "they are statements called for by his
REPORT OF T H E REGISTER OF COPYRLIGHTS, 196 1 7
officialduties or explanations as guides for copies so long as no misrepresentation is
official action:" involved.
In the coune of its opinion, the court In two related cases involving designs,
raised some additional questions by imply- Fabrex Corp. v. Scarves by Vera, Znc., 129
ing that the term "publications of the U.S.P.Q. 392 (S.D.N.Y. 1961), and
United States Govenunent" should be de- Scarves by Vera, Znc. V. Fabrex Corp., 129
fined as "publications commissioned or U.S.P.Q. 395 (S.D.N.Y. 1961), the court
printed at the cost and direction of the upheld a 'notice reading merely "Vera @"
United States." On the other main point on the ground that the name "Vera" had
of the case, the court held that copyright been prominently and commonly used as
was lost by distribution of copies in the an abbreviation of the full name of the
form of press releases without a copyright copyright owner, and therefore disclosed its
notice; since the group receiving the copies identity. The court also remarked that
was not limited in any way, the publica- clearance of a design by the Design Regis-
tion was "general" rather than "limited." tration Bureau of the Textile Distributors
Argument on the case has been scheduled Institute was of no significance in deter-
for the fall session of the Supreme Court. mining questions of copyright infringe-
Two decisions of the Second Circuit ment. In Scarves by Vera, Inc. v. Amer-
Court of Appeals dealt with the position of ican Handbags, Inc., 188 F . Supp. 255
the copyright notice. ,The first, Ideal Toy (S.D.N.Y. 1960), the court held, among ,
Corp. v. 1-Cey Doll Co., 290 F . 2d 710 other things, that a manufacturer may
( 1961) , reached the conclusion that the incorporate in his handbags, without per-
copyright notice on an uncopyrightable mission, plaintiff's scarves bearing copy-
feature of a doll will not invalidate pro- righted designs "so long as plaintiff is not
tection for a copyrightable feature that identified with manufacture of the hand-
bears its own notice. The second, Coven- bag." The decision in this case, and that
try Ware, Znc. v. Reliance Picture Frame in Peter Pan Fabrics, Znc. v. Dixon Textile
Co., 288 F. 2d 193 (1961), held that a Corp., 188 F . Supp. 235 (S.D.N.Y. 1960),
notice appearing on a label permanently also lend support to the concept that notices
affixed to the back of a framed work of appearing on detachable tags or labels are
art complies with the requirements of the invalid.
law. A petition for certiorari in the Several cases during the year dealt with
Coventry Ware, Znc. case was filed with the nature of copyrightable matter, and the
the Supreme Court, 29 U.S.L. Week 3360 related problem of the amount of "new
.
(May 20,1961) The petition was denied mattery' necessary to support copyright in
on October 9, 1961 (30 U.S.L. Week revised versions. In Desclee &? Cie V.
3112). Nemmers, 190 F. Supp. 381 (E.D. Wis.
In the field of designs, perhaps the most 1961) ,an unfair-competition action involv-
significant case of the current year was ing collections of Gregorian chants, the
Societe Comptoir V. Alexandefs Depart- court held that the remedies against unfair
ment Stores, Znc., 190 F. Supp. 594 competition do not duplicate those avail-
(S.D.N.Y. 1961) , an unfair-competition able under the copyright law. It indicated
and trademark-infringement action by a that, although the typography of published
group of French dress designers against a musical works is not subject to protection,
New York department store for using the rhythmic annotations showing the manner
name "Dior" in connection with the sale of performance would be copyrightable,
of unauthorized copies of dresses from this and thus, in the absence of misrepresenta-
famous fashion house. The court stated tion, could not be protected on the theory
that "defendant has an indubitable right of unfair competition. In OYBrien v.
to copy plaintiffs models and sell the Thall, 283 F. 2d 741 (1960), an infringe-
copies," and held that defendant may also ment action involving musical settings of
use plaintiff's name in connection with the the Gettysburg Address, the Second Circuit
8 REPORT OF T H E REGISTER OF COPYRIGHTS, 19 6 1
Court of Appeals held not only that the right sense, it need bear only the date of
text of the address was free for anyone to publication of the translation in the notice.
use, but that the "natural rhythm of the The case also holds that the section of the
words in which its thoughts are articulated" copyright law stating that copyright may
is also in the public domain. be bequeathed by will must be read to in-
The Ninth Circuit Court of Appeals, in clude intestate succession.
Hayden v. Chalfont Press, Znc., 281 F. 2d The perplexing renewal provision con-
543 (1960), held that names given to tinued to be litigated. The most im-
geographical locations by a mapmaker portant decision in this field during the
are not protected by copyright in his map. year, Sweet Music, Znc. v. Melrose Music
Noble v. D . V a n Nostrand Co., 128 Corp., 189 F. Supp. 655 (S.D.Ca1. 1960),
U.S.P.Q. 100 (N.J. Super. Ct., Ch. Div. involved a situation in which an assign-
1960), involved a case in which two ment of renewal rights had been made by
authors had jointly undertaken research both coauthors of a song, one of whom
for a book. The State Court held that died before the renewal year. The court
the aggregate compilation of their research held that the remaining coauthor was still
was subject to protection even though bound by this assignment and that his as-
never reduced to manuscript form and that signee was therefore entitled to an un-
as coownen the authors could each use the divided half interest in the renewal. An-
material without the other's consent, sub- other case, Ross Jungnickel, Znc. v. Joy
ject to a duty to account for any profits. Music, Znc., 129 U.S.P.Q. 373 (N.Y. Sup.
In a case involving a plan for pooling Ct. 1961), attempted a further clarifica-
bets on hone races, Briggs v. New Hamp- tion of the famous DeSylua decision, 351
shire Trotting and Breeding Assn., Znc., U.S. 570 (1956), by holding that although
191 F . Supp. 234 (D.N.H. 1960), the the meaning of the word "children" in
court upheld the principle that there is "no the renewal clause depends on an inter-
protection by copyright to games, or pretation of State law, the Federal courts
similar systems, as distinguished from pub- have exclusive jurisdiction to decide the
lications describing them," but expressed question.
the view that "if the copyright law can The provisions of the statute dealing
protect dramas, ... there is no reason with mechanical rights in musical composi-
why it cannot protect certain forms of tions were construed in several cases. The
public presentations in the form of games most important decision was that of the
or sports involving activity rather than Second Circuit Court of Appeals in Nor-
mere words." bay Music, Znc. v. King Records, Znc., 290
The important infringement decision in F. 2d 617 (1961), holding that delay in
Bradbury v. C.B.S., 287 F. 2d 478 (9th filing a notice of use results in loss of rights
Cir. 1961), seems to go rather far in ex- with respect to infringing records made
tending copyright protection to a general before the notice was filed, but that action
theme and elements of plot and character, is not barred as to records made after filing
as distinguished from their actual literary the notice. The same court, in Reeve
expression. A petition for certiorari was Music CO.V. Crest Records, Znc., 285 F. 2d
filed with the Supreme Court near the end 546 (1960), held that two affiliated cor-
of the fiscal year, 30 U.S.L. Week 3031 porations, one producing the "master
(June 26, 1961), but the case was later stamper" and the other pressing records
settled and the appeal dismissed, 368 U.S. from it, together were engaged in the
(1961). "manufacture" of infringing disks, and
I n Brecht v. Bentley, 185 F. Supp. hence could be enjoined under the compul-
890 (S.D.N.Y. 1960), involving a dispute sory license provisions. In A.B.C. Music
over dramatic rights in Bertold Brecht's Corp. v. Janov, 186 F. Supp. 443 (S.D. Cal.
Mother Courage, the court held that since 1960), the court held that triple damages
a translation is a "new work" in the copy- may be awarded under the compulsory
REPORT OF THE REGISTER OF COPYRIGHTS, 1 9 6 1 9
license provisions, even where no "piracy" of the Copyright Office, served as the
or "willfulness" is involved. United States representative to the Inter-
A decision of considerable interest to the governmental Copyright
. -
Committee.
copyright bar was Sam Fox Publishing Co. DESIGN PROTECTION
v. United States, 366 U.S. 683 ( 1961), in
which the Supreme Court dismissed on In the design area, the most important
jurisdictional grounds an appeal by three international development of the year was
music-publisher members of American So- the adoption, by a diplomatic conference
ciety of Composers, Authors, and Publish- held in November 1960, of a new, revised
ers. The plaintiffs were seeking to inter- version of the Agreement of the Hague
vene in a proceeding to modify the ASCAP Concerning the International Deposit of
Consent Decree on the ground that the pro- Industrial Designs. The conference was
posed modifications did not go far enough attended by representatives of 27 countries.
in improving the position of small The United States delegation consisted of
publishers. officers of the Copyright Office (Arpad
The case of United States v. Florida Bogsch), the Patent Office (P. J. Fed-
M,agazines (S.D. Fla. Civil Action No. erico), and the Department of State
3930, Jan. 13, 1961), represents one of the (Harvey Winter) . The agreement fol-
relatively rare instances of refusal to com- lows the principles of the draft described
ply with the demand by the Register under in d m e detail in last year's report.
section 14 of the copyright law, followed The revised agreement will enter into
by an action against a recalcitrant claimant. force after 10 countries, including at least
In that case the defendant suffered a de- 4 that are not participants in either of the
fault judgment of $300 for failure to make earlier versions of the agreement, have de-
the required registrations. posited their instruments of ratification.
NEIGHBORINO W H T S
International Developments
During the year, preparatory work con-
UNIVERSAL COPYRIGHT CONVENTION
tinued for the October 1961 diplomatic
Two more countries, Nicaragua and conference in Rome. The conference will
Sweden, have deposited their instruments be convened to draft the final text of an
of ratification of the Universal Copyright international treaty on the protection of
Convention, raising to 37 the number of performing artists, phonograph record
countries which have adhered to the Con- makers, and broadcasting organizations.
vention since its coming into force in 1955. The Neighboring Rights Panel, consist-
UNESCOwas notified by Belgium that the ing of representatives of Government
Universal Copyright Convention and Pro- agencies and specialists in the various fields
tocoIs apply to the Trust Territory of affected by the draft treaty, met on Aug-
Ruanda-Urundi under Article XIII, of ust 26,1960, January 23,1961, and June 8,
the Convention. 1961. A smaller working group of the
The four Scandinavian countries, Den- panel also met three times to consider in
mark, Finland, Norway, and Sweden, detail the draft convention, which was pre-
adopted entirely new copyright laws in pared in May 1960 by a committee of ex-
1960. Other countries are in the process perts, a n d ' which was described in last
of drafting new laws, and several revision year's report. The meetings were help-
reports have recommended adherence to ful in serving as a forum for the exchange
the UCC. of ideas on the draft convention and in
The fifth session of the Intergovernmen- proposing alternative positions for govern-
tal Copyright Committee, established under ment consideration.
the UCC, and the ninth session of the Per- Respectfully submitted,
manent Committee of the Berne Copyright ABRAHAM L. KAMINSTEIN
Union, were held jointly in London in the Register of Copyrights
fall of 1960. Arpad Bogsch, Legal Advisor November 9, 1961
10 REPORT O F T H E REGISTER O F COPYRIGHTS. 1961
Statement of Gross Cash Receipts. Yearly Fees. Number of Registrations. etc., for the
Fiscal Years 1957-61
Registrations ...............................
for prints and labels
Registrations ............................
for pub . domestic works
Registrations ..............................
for pub . foreign works
Registrations for unpublished works..............................
Registrations for renewals.......................................
Total number of registrations'. ..........................
Fees for registrations ............................................
Fees for recording assignments ...................................
Fees for indexing transfers of proprietorship ......................
Fees for notices of user recorded
Fees for certified documents
................................
.....................................
Fees for searches made
Card Service
..........................................
...................................................
j .
Copyright Office
COPYRIGHT LAW OF THE UNITED STATES OF AMERICA (Title 17. United States
Code), Bulletin No. 14. This is a pamphlet edition of the copyright law. including the
REGULATIONS OF THE COPYRIGHT OFFICE(Code of Federal Regulations, Title 37, ch.
11). 68 pages, 1960, paper, 25 cents.
Order from the Superintendent of Documents, U.S. Government Printing Office, Washing-
RELATED CODE PROVISIONS. A list of some provisions in the United States Code
and the Code of Federal Regulations dealing with or related to copyright (exclusive of
17 U.S.C. and 37 CFR, ch. 11). Compiled by Marjorie McGnnon. Circular 86.
Orders for all the publications listed below should be addressed and remittances made payable to the Superintendent of
Documents, U.S. Government Printing OAce. Washington 25, D.C.
These four volumes list a total of nearly one hundred thousand motion pictures pro~luced
since the beginning of thcmotion picture industry.
U 5 GOVCfiNYENT P R I N T I N G O F T I C E : UP62
COPYRIGHT OFFICE
THE LIBRARY OF CONGRESS
25, D.C.
WMHINOTON
OPPICB 01 THE
REGISTER OP COPYRIGHTS