22) for the general revision of the copright law, title 17 of the United States Code, and for other purposes, having considered the same, report favorably thereon with an amendment in the nature of a substitute and recommend that the bill as amended do pass. The term “phonorecords” includes the material object in which the sounds are first fixed.“Pictorial, graphic, and sculptural works” include two-dimensional and three-dimensional works of fine, graphic, and applied art, photographs, prints and art reproductions, maps, globes, charts, technical drawings, diagrams, and models.The amendments are as follows: Strike all after the enacting clause and insert in lieu thereof the following: Sec. Such works shall include works of artistic craftsmanship insofar as their form but not their mechanical or utilitarian aspects are concerned; the design of a useful article, as defined in this section, shall be considered a pictorial, graphic, or sculptural work only if, and only to the extent that, such design incorporates pictorial, graphic, or sculptural features that can be identified separately from, and are capable of existing independently of, the utilitarian aspects of the article.“Publication” is the distribution of copies or phonorecords of a work to the public by sale or other transfer of ownership, or by rental, lease, or lending.

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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.

The term “copies” includes the material object, other than a phonorecord, in which the work is first fixed.

Limitations on exclusive rights: Reproduction by libraries and archives. Limitations on exclusive rights: Effect of transfer of particular copy or phonorecord. Limitations on exclusive rights: Exemption of certain performances and displays. Limitations on exclusive rights: Secondary transmissions. The term “compilation” includes collective works.“Copies” are material objects, other than phonorecords, in which a work is fixed by any method now known or later developed, and from which the work can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device.

Limitations on exclusive rights: Ephemeral recordings. A “compilation” is a work formed by the collection and assembling of pre-existing materials or of data that are selected, coordinated, or arranged in such a way that the resulting work as a whole constitutes an original work of authorship.

Scope of exclusive rights in pictorial, graphic, and sculptural works. A “collective work” is a work, such as a periodical issue, anthology, or encyclopedia, in which a number of contributions, constituting separate and independent works in themselves, are assembled into a collective whole.

Scope of exclusive rights: Use of certain works in connection with noncommercial broadcasting.“Audiovisual works” are works that consist of a series of related images which are intrinsically intended to be shown by the use of machines or devices such as projectors, viewers, or electronic equipment, together with accompanying sounds, if any, regardless of the nature of the material objects, such as films or tapes, in which the works are embodied. Scope of exclusive rights in nondramatic musical works: Compulsory license for making and distributing phonorecords. 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 118.OCLC 2570736 This report by the House Judiciary Committee forms part of the legislative history of the Copyright Act of 1976. To “display” a work means to show a copy of it, either directly or by means of film, slide, television image, or any other device or process or, in the case of a motion picture or other audiovisual work, to show individual images nonsequentially.This page contains the text of the report as published. Subject matter of copyright: Compilations and derivative works. A work is “fixed” in a tangible medium of expression when its embodiment in a copy or phonorecord, by or under the authority of the author, is sufficiently permanent or stable to permit it to be perceived, reproduced, or otherwise communicated for a period of more than transitory duration.You can also read a version with annotations and corrections by Wikisource editors, or view the page scans of the original report. A work consisting of sounds, images, or both, that are being transmitted, is “fixed” for purposes of this title if a fixation of the work is being made simultaneously with its transmission.“Literary works” are works, other than audiovisual works, expressed in words, numbers, or other verbal or numerical symbols or indicia, regardless of the nature of the material objects, such as books, periodicals, manuscripts, phonorecords, film, tapes, disks, or cards, in which they are embodied.The Committee on the Judiciary, to whom was referred the bill (S. To “perform” a work means to recite, render, play, dance, or act it, either directly or by means of any device or process or, in the case of a motion picture or other audiovisual work, to show its images in any sequence or to to make the sounds accompanying it audible.“Phonorecords” are material objects in which sounds, other than those accompanying a motion picture or other audiovisual work, are fixed by any method now known or later developed, and from which the sounds can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device.