Reproduction of Copyrighted Works by Educators and Librarians | Page 5

Judiciary
Committee on S. 22, the Senate version of the bill that became the
Copyright Act of 1976 (S. Rep. No. 94-473, 94th Cong., 1st Sess.,
November 20 (legislative day November 18,1975)).
3. The House Report. This is the 1976 report of the House of
Representatives Judiciary Committee on the House amendments to the
bill that became the Copyright Act of 1976 (H.R. Rep. No. 94-1476,
94th Cong., 2d Sess., Sep-tember 3,1976).
4. The Conference Report. This is the 1976 report of the "committee of
conference on the disagreeing votes of the two Houses on the
amendments of the House to the bill (S. 22) for the general revision of
the Copyright Law" (H.R. Rep. No. 94-1733, 94th Cong., 2d Sess.,
September 29,1976).
5. The Congressional Debates. This booklet contains excerpts from the
Congressional Record of September 22, 1976, reflecting statements on
the floor of Congress at the time the bill was passed by the House of

Representatives (122 CONG. REC. H 10874-76, daily edition,
September 22,1976).
6. Copyright Office Regulations. These are regulations issued by the
Copyright Office under section 108 dealing with warnings of copyright
for use by libraries and archives (37 Code of Federal Regulations Sec.
201.14).
Items 2 and 3 on this list--the 1975 Senate Report and the 1976 House
Report--present special problems. On many points the language of
these two reports is identical or closely similiar. However, the two
reports were written at different times, by committees of different
Houses of Congress, on somewhat different bills. As a result, the
discussions on some provisions of the bills vary widely, and on certain
points they disagree.
The disagreements between the Senate and House versions of the bill
itself were, of course, resolved when the Act of 1976 was finally passed.
However, many of the disagreements as to matters of interpretation
between statements in the 1975 Senate Report and in the 1976 House
Report were left partly or wholly unresolved. It is therefore difficult in
compiling a booklet such as this to decide in some cases what to
include and what to leave out.
The House Report was written later than the Senate Report, and in
many cases it adopted the language of the Senate Report, updating it
and conforming it to the version of the bill that was finally enacted into
law. Thus, where the differences between the two Reports are relatively
minor, or where the discussion in the House Report appears to have
superseded the discussion of the same point in the Senate Report, we
have used the House Report as the source of our documentation. In
other cases we have included excerpts from both discussions in an
effort to present the legislative history as fully and fairly as possible.
Anyone making a thorough study of the Act of 1976 as it affects
librarians and educators should not, of course, rely exclusively on the
excerpts reprinted here but should go back to the primary documentary
sources.

---------------------------------------- B. EXCLUSIVE RIGHTS IN
COPYRIGHTED WORKS ----------------------------------------
1. Text of Section 106
===================================================
============ The following is a reprint of the entire text of section
106 of title 17, United States Code.
===================================================
============
*Section 106. Exclusive rights in copyrighted works*
Subject to sections 107 through 120, the owner of copyright under this
title has the exclusive rights to do and to authorize any of the following:
(1) to reproduce the copyrighted work in copies or phonorecords; (2) to
prepare derivative works based upon the copyrighted work; (3) to
distribute copies or phonorecords of the copyrighted work to the public
by sale or other transfer of ownership, or by rental, lease, or lending; (4)
in the case of literary, musical, dramatic, and choreographic works,
pantomimes, and motion pictures and other audiovisual works, to
perform the copyrighted work publicly; and (5) in the case of literary,
musical, dramatic, and choreographic works, pantomimes, and pictorial,
graphic, or sculptural works, including the individual images of a
motion picture or other audiovisual work, to display the copyrighted
work publicly.
*2. Excerpts From House Report on Section 106*
===================================================
================== The following excerpts are reprinted from the
House Report on the new copyright law (H.R. Rep. No. 94-1476, pages
61-62). The text of the corresponding Senate Report (S. Rep. No.
94-473, pages 57-58) is substantially the same.
===================================================
==================

SECTION 106. EXCLUSIVE RIGHTS IN COPYRIGHTED WORKS
General scope of copyright
The five fundamental rights that the bill gives to copyright owners--the
exclusive rights of reproduction, adaptation, publication, performance,
and display--are stated generally in section 106. These exclusive rights,
which comprise the so-called "bundle of rights" that is a copyright, are
cumulative and may overlap in some cases. Each of the five
enumerated rights may be subdivided indefinitely and, as discussed
below in connection with section 201, each subdivision of an exclusive
right may be owned and enforced separately.
The approach