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The Library of Congress is the research library of the United States Congress -- and is the oldest federal • Search Other Catalogs Where applicable, the software vendor for the target Z39.50 implementation is given in parentheses after the name of the institution.
Definition of "Berne Convention Work"

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USLibraryC-SealLogo108w.jpg01h Feature Story / Library of Congress / Contact Us (April 29, 2009)
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The Library of Congress is the research library of the United States Congress -- and is the oldest federal institution in the United States. Located in three buildings in Washington, D.C., it is the largest library in the world by shelf space and holds the largest number of books.[2][3] The head of the Library is the Librarian of Congress, currently James H. Billington.
•••The Library of Congress was established by Congress in 1800, and was housed in the United States Capitol for most of the 19th century. After much of the original collection had been destroyed during the War of 1812, Thomas Jefferson sold the library 6487 books, his entire personal library, in 1815[4][5]. CLICK FOR MORE STORY / CLICK FOR 2008 TVInews Trick Pony STORY

The Library of Congress was established by Congress in 1800, and was housed in the United States Capitol for most of the 19th century. After much of the original collection had been destroyed during the War of 1812, Thomas Jefferson sold the library 6487 books, his entire personal library, in 1815[4][5].

After a period of decline during the mid-19th century the Library of Congress began to grow rapidly in both size and importance after the American Civil War, culminating in the construction of a separate library building and the transference of all copyright deposit holdings to the Library. During the rapid expansion of the 20th century the Library of Congress assumed a preeminent public role, becoming a "library of last resort" and expanding its mission for the benefit of scholars and the American people.

The Library's primary mission is researching inquiries made by members of Congress through the Congressional Research Service; although it is open to the public, only legislators, Supreme Court justices and other high-ranking government officials may check out books. Through the United States Copyright Office, the Library of Congress also receives copies of every book, pamphlet, map, print, and piece of music registered in the United States. As the de facto national library, the Library of Congress promotes literacy and American literature through projects such as the American Folklife Center, American Memory, Center for the Book and Poet Laureate.

/Imagespeople/MarybethPeters-Port108w.jpgPart 02h TIMELINE - NEWS from the / www.copyright.gov/title17/92appl.html
••• LIBRARY of CONGRESS / 101 Independence Ave. SE / Washington DC 20540
••• www.loc.gov /New Fee Structure Scheduled to Begin Aug. 1
••• The U.S. Copyright Office in the Library of Congress is amending its fees for copyright services. Thanks to cost-savings achieved through increased office automation, some fees will remain the same or decrease. Other fees&emdash;mostly for services requiring manual labor&emdash;will rise.
••• Marybeth Peters, the Register of Copyrights, submitted a report to Congress in March analyzing changes in costs arising from the reengineering of the Copyright Office in 2007 and the introduction last year of an electronic system for processing copyright applications. The report also considered general economic factors and the requirement in copyright law that fees be fair and equitable and support the objectives of the copyright system. The new fees are scheduled to take effect on Aug. 1, 2009.
••• The proposed fee for filing a copyright application online, using the new electronic Copyright Office known as eCO, remains $35. The report concluded that the Copyright Office realizes substantial savings from eCO as a result of not having to process a paper form, manually enter and quality-review data, and process a fee payment. 
••• Fees for other filing options, however, will rise. The proposed new fee for using fill-in Form CO is $50, an increase of $5. The new fee for paper applications is $65, an increase of $20. The report stated that these fees reflect the Copyright Office's desire to "discourage use of the traditional paper forms, which are the most costly to provide and process, by imposing a fee that reflects this greater cost."
••• "More than 50 percent of copyright claims are now being submitted through eCO," Peters said. "If the new fee structure inspires another 30 to 40 percent of filers to use eCO, the total annual savings for filers and the government will be tremendous, and filers will get their registration certificates more quickly&emdash;the waiting time to receive certificates is much shorter for users of eCO than for those who submit paper applications."
••• Other advantages of electronic filing&emdash;in addition to a lower filing fee and the fastest processing time&emdash;include the ability to track the status of claims online, to pay by credit or debit card and to upload certain categories of registered works electronically.
••• The Copyright Office is proposing that corresponding fees stay the same or be reduced for services for which costs have remained constant or dropped since fees were last adjusted in July 2006.  For services where costs have gone up&emdash;specifically those requiring manual work by staff&emdash;the Copyright Office is proposing fee increases to offset rising costs. In addition to registrations filed on paper applications, services affected include document recordation and record searches.
••• "The Copyright Office has traditionally charged fees that recover less than the full cost of registration," Peters explained. "It does so for two reasons: first, to encourage participation in the copyright system as a way to provide the fullest possible record of copyrighted works for public use and, second, to enhance the Library of Congress collections." Applicants for copyright registration must submit copies of their works. Each year, the Copyright Office typically forwards to the Library's collections more than a million deposited copies, including books, maps, music and motion pictures. 
••• For a complete list of adjusted fees, go to www.copyright.gov/docs/fees.html.
••• Under copyright law, fee adjustments proposed by the Register of Copyrights can be implemented 120 days after a new schedule is submitted to Congress unless Congress enacts a law beforehand stating that it does not approve the new fees.
••• Founded in 1800, the Library of Congress is the nation's oldest federal cultural institution. It seeks to spark imagination and creativity and to further human understanding and wisdom by providing access to knowledge through its magnificent collections, programs and exhibitions. Many of the Library's rich resources can be accessed through its Web site at www.loc.gov and via interactive exhibitions on a new, personalized Web site at myLOC.gov. CLICK FOR MORE TRICK PONY STORYhttp://www.smart90.com/tvimagazine/2008/1808/109EffectsPTOTrickPony.htm

MarybethPeters-Press108w.jpg03h Definition of "Berne Convention Work"109OrphanBooksLibraryofC Debate stirs over whether Apple should have disclosed more about Steve Jobs' health | Main | Celebrities mourn Michael Jackson's death via Twitter - Authors Guild defends GoogleOrphanBookScansettlement
••• The WIPO Copyright and Performances and Phonograms Treaties Implementation Act of 1998 deleted the definition of "Berne Convention work" from section 101.1 Pub. L. No. 105-304, 112 Stat. 2861. The definition of Berne Convention work, as deleted, is as follows:
••• A work is a "Berne Convention work" if &emdash;
••• (1) in the case of an unpublished work, one or more of the authors is a national of a nation adhering to the Berne Convention, or in the case of a published work, one or more of the authors is a national of a nation adhering to the Berne Convention on the date of first publication;
••• (2) the work was first published in a nation adhering to the Berne Convention, or was simultaneously first published in a nation adhering to the Berne convention and in a foreign nation that does not adhere to the Berne Convention;
••• (3) in the case of an audiovisual work &emdash;
••• (A) if one or more of the authors is a legal entity, that author has its headquarters in a nation adhering to the Berne Convention; or
••• (B) if one or more of the authors is an individual, that author is domiciled, or has his or her habitual residence in, a nation adhering to the Berne Convention; or
••• (4) in the case of a pictorial, graphic, or sculptural work that is incorporated in a building or other structure, the building or structure is located in a nation adhering to the Berne Convention; or
••• (5) in the case of an architectural work embodied in a building, such building is erected in a country adhering to the Berne Convention.
••• For purposes of paragraph (1), an author who is domiciled in or has his or her habitual residence in, a nation adhering to the Berne Convention is considered to be a national of that nation. For purposes of paragraph (2), a work is considered to have been simultaneously published in two or more nations if its dates of publication are within 30 days of one another.
Appendix L · Endnote
••• 1For the legislative history of the definition of "Berne Convention work," see endnote 2, chapter 1, supra.
••• Home | Contact Us | Legal Notices | Freedom of Information Act (FOIA) | Library of Congress
••• U.S. Copyright Office / 101 Independence Avenue SE Washington, DC 20559-6000 / (202) 707-3000
04

USLibraryOrphanBooks108w.jpg109OrphanBooks Library of CONGRESS Debate stirs over whether Apple should have disclosed more about Steve Jobs' health | Main | Celebrities mourn Michael Jackson's death via Twitter - Authors Guild defends GoogleOrphanBookScansettlement

June 25, 2009 Authors Guild President Roy Blount Jr. speaks out in favor of the Google books settlement. Credit:
•••The Authors Guild, which hasn't said much since last fall after it settled its lawsuit with Google over the search company's book scanning project, today issued a statement defending the settlement against recent criticism.
•••Specifically, the letter by author and Guild President Roy Blount Jr. addresses the topic of orphan books, which are works that are out-of-print and unclaimed by any copyright holders. You can read the entire letter here.
•••The concern is that Google, having digitized millions of such books, would have a monopoly on them should the settlement be approved by a federal judge later this year. That's because the settlement lets Google use orphan works without first getting approval from their authors. The Justice Department has reportedly started an inquiry into these antitrust concerns but has not said whether it has launched a formal investigation.
•••The number of orphans is tough to nail down. Some estimate it's 50% to 70% of all books published after 1923. Paul Aiken, executive director of the Guild, said that's hogwash.
•••"Our experience is that we can find upwards of 80% of rights holders once an effort is made," Aiken said in an interview.
•••In his letter, Blount argues that the number of orphan books, whatever it may be, will diminish over time as rights holders come forward to claim the money that Google will be obligated to set aside for authors for a period of five years and held in escrow by a newly created entity called the Book Rights Registry.
•••"As the registry starts sending out royalty checks, books will exit the orphanage in a rush," Blount wrote. "Nothing gets an author's attention like a royalty check. It's not an orphan-books problem that this settlement presents. It's an orphan-books solution."
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CLICK FOR MORE COPYRIGHT STORY FROM THE LIBRARY
All about Copyrights
Copyright Laws
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Orphan Books
Report on Orphan Works, Jan 2006
Welcome to the Copyright Office by M. Peters
1st copyright in 1900
Barbara Ringer

Copyright History
Copyright for Online Works
TheNBS100 Study of FCC
Executive Summary
TimeLine NBS-OKs
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