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People Section

Marybeth Peters

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MarybethPeters-Press300w.jpg Feature Story / Marybeth Peters
•••TVInews made the acquaintance of Maybeth Peters' book, long before we made the acquaintance of Marybeth Peters, during our interview in early June 2009. "The General Guide to the Copyright Act of 1976," is a special volume in the art of understanding the place where she now heads.
•••When you fall in love with the trick ponies of trademarks, and copyrights, (®™©) -- you try to find out all you can about the object of your affection. Once I fell for the history of the Library of Congress, and the office of the USPTO, with their cinematic and journalistic sweep, the history of those two power houses, and the control the service marks ®™© have on revenue, ensnared me in a way that no monograph, no memoir could do.
••• Clear-eyed but ultimately hopeful, TVInews interview with Maybeth," said Mark Sovol, was very enlightning."
••• Both TVI, and NBS Publishing organizations, have shared many registry numbers with the two government agencies for over 100 years. I now know that during the last 15 years, Maybeth has been the U.S. government's head librarian, and know she's got a memory like some specific Google software.
••• But not until I interviewed her did I know her love for disscussing the art of registering U.S. service marks ®™©.
.
••• Marybeth Peters has served as the United States Register of Copyrights since August 7, 1994. Ms. Peters was raised in East Providence, R.I. She received her undergraduate degree from Rhode Island College and her law degree, with honors, from The George Washington University Law School.
••• She joined the Library of Congress in October 1965 and began her career in the Copyright Office on February 14, 1966, as a music examiner in the Music Section of the Examining Division. Ms. Peters joined the General Counsel's staff as an attorney in December 1975 and developed and implemented staff training on the 1976 Copyright Act.
••• She is the author of The General Guide to the Copyright Act of 1976. In December 1977, she was promoted to chief of the Information and Reference Division, where she worked closely with staff to develop information for the public on the 1976 Copyright Act. In April 1980, she was appointed chief of the Examining Division, where she remained until September 1983 when she became a policy planning advisor to the Register. She has also served as acting general counsel.
••• Ms. Peters testifies before Congress and frequently speaks on copyright-related topics at conferences throughout the United States and abroad. She has served as a lecturer in the Communications Law Institute of The Catholic University of America Columbus School of Law and as adjunct professor of copyright law at The University of Miami School of Law and at the Georgetown University Law Center.
••• She is a member of the bar of the District of Columbia, The Copyright Society of the U.S.A., the Intellectual Property Section of the American Bar Association, the District of Columbia Bar Association, the ALAI-USA (Association Littéraire et Artistique Internationale), and the Computer Law Association. From 1989-1990 she served as a consultant on copyright law to the World Intellectual Property Organization in Geneva.
Part 02 Q&AtviNews Interview with MARYBETH PETERS. Moderated by MARK SOVOL
01 - What was not being done between 1909 and 1976 that made it difficult to help people renew their copyrights?
02 - What did Barbara Ringer do to save those people who could not, and did not renew their copyrights prior to 1956 -- like song writers and news journalists?
03 - What about the assistance to inform and make available the forms necessary for renewal during the pre 1956 period?
04 - What did the copyright owner lose because of the agency's failings?
05 - What did the Act of 1976 do to help the early-day copyright - trademark owner preserve his service-mark assets?
06 - Does the Library of Congress keep track of Trademarks?
07 - What is the copyright owner getting in return for his filings?
08 - If you didn't renew ….. you lose. It's that easy, Right?
09 - And what does that tell us?
10 - When Books are once scanned and re-registered within the Library of Congress and issued a number, what protection will Google get - Globally?USLibraryC-SealLogo108w.jpg
11 - In regards to the Google scanning are works newly copyrighted?
• 1
2 - What about foreign copyright under the Berne convention? Are they New copyright in the US?
• 13 - How about other non-member countries?
14 - How are phone numbers registered?
15 - What about copyright notice?
16 - How about domain names?
17 - How about names, short titles, article titles?
18 - Failings of the agency when publishers were not notified of new laws?
19 - How do you file a domain. Is there a need to file each page of a domain without registering with you?
20 - What is the orphan project all about?
21 - What countries have better copyright laws than the U.S.?

 NBSdemandsPayment108w.jpg• 01 - What was not being done between 1909 and 1976 that made it difficult to help people renew their copyrights?
••• The first term is for 28 years. To get renewal an author had to come in the 28th year of first publishing to renew the claim, (a grant of rights), to get another 28 years. It was up to the applicant and/or owner or claim holder to file timely.%23$$mmaarrttsitemaster2010/ImagesNBS100/MSUTroyHortonCovM108w.jpg
••• If the author died, even with work for hire, the proprietor, owner at the time of renewal, had to provide a variety of facts to the examiner of recording, i.e. -- if there is a match they would renew it , to see if it was too early or too late to renew for the legatee. If the author died it would go to the wife, children and down the list as law provided.
••• "Not only was "that it's a good question," said Josie, "the answer matched." In the early days, copyright filings had negative consequences, unless backed-up by all Service Marks ®™© issued by both the USPTO and Library of Congress.
••• They drove companies and jobs out of business in non-show biz areas. The lack of knowledge of the system made broadway and Hollywood the only desirable places to do business. Renewal fees can stifle commerce. But Renewal fees are different. They raise revenues and simultaneously serve the public good by reducing service mark infringement, at least in theory. That's not insignificant in a country, where there are more service mark infringement-related than in the EU, and annual service mark infringement-related costs are estimated at more than $15 billion world-wide.
GrandpaNatWiTelmobile108w.jpg• 02 - What did Barbara Ringer do to save those people who could not, and did not renew their copyrights prior to 1956 -- like song writers and news journalists?
••• Protection has become automatic. The term of copyright, once tied to the affirmative act (and dates) of publication, registration and renewal, has been extended twice, in 1978 and 1998, and was prospectively reconfigured to track the less obvious period of life-of-the-author-plus-70-years. 
CIn 1989, Congress removed the condition that published works must contain a copyright notice.
••• In 1992, it removed the last vestiges of the renewal registration requirement.  In 1994, many foreign copyrights were extracted from the public domain.  The net result of these amendments has been that more and more copyright owners may go missing. ople/PortzWitelLogo108w.jpg
••• To be sure, such revisions were enacted to protect authors from technical traps in the law and to ensure United States compliance with international conventions.  But there is no denying that they diminished the public record of copyright ownership and made it more difficult for the business of copyright to function.
••• ••• Together with committee members, Ringer drafted the Copyright Renewal Act of 1992 that repealed termination and provided for automatic renewal of copyright for works copyrighted between 1964 and 1977, works that Ringer felt had been treated unfairly in the 1976 Act.
••• In 1988 she advocated for U.S. entry into the Berne Convention when legislation was blocked in the Senate.
••• Ringer foresaw the analog world quickly converting to a digital one where the Copyright Office records of registrations and recordations should be digitally interlaced.
• 03- What about the assistance to inform and make available the forms necessary for renewal during the pre 1956 period?
••• Originally a copyrighed article could be updated, but if the copyright was not renewed, it becomes public domain in this country.
••• New material that has not been published can be published but cannot claim new copyright.MSUTroyHortonCovM300w.jpg
••• There is good information online at www.copyright.gov. or you can call an information specialist at (202) 707-3000.
• 04 - What did the copyright owner lose because of the agency's failings?
•• Nothing. You did what was natural. You'd have to publish with copyright notice with a patent or a patent text would not be protected and would go to public domain, and lose its copyright protection. The Patent office would allow copyright notice in the name of the owner of the text. This text can be copyrighted, only from 1978 forward.
••• Josie adds that happy days were here again -- Orphans sitting on the shelves of the library. I had to Googlize the reasons. But here's the punch line: 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 Authors Guild in Los Angeles, said that's hogwash during a June 25, 2009 interview.
••• "Our experience is that we can find upwards of 80% of rights holders once an effort is made," Aiken said. CLICK FOR MORE ORPHAN BOOKS
ImagesStub/NathanAuthorBooks108w.jpg• 05 - What did the Act of 1976 do to help the early-day copyright - trademark owner preserve his service-mark assets?
••• As I stated in my first answer, (#01) The first term is for 28 years. To get renewal an author had to come in the 28th year of 1st publishing to renew the claim, a grant of rights, to get another 28 years. Its up to the applicant and owner.
••• If the author died, even with work for hire, the proprietor, owner at the time of renewal, had to provide facts - a variety of facts had to be given to the examiner of recording; if there was a match they would renew it, see if it was too early or too late to renew for the legatee. If the author died it would go to the wife, children and down the list as law provided.
••• According to my statistics most people did not renew the 28th year. Only 6% of books got renewed the 28th year, it is even lower with periodicals and newspapers. There was no economic viability.
••• An Original article could be updated and if not renewed becomes public domain in this country.
••• New material that has not been published can be published but cannot claim new copyright.
• 06 - Does the Library of Congress keep track of Trademarks?
••• Records are searchable under title: work: owner of work: Stanford digitalized all book registration, early copyright of registrar. Notices about music, periodicals going back (a 5 years project not online yet) are repared by year date, every 6 months; there is a music Class E catalog for each month in a given year.
••• Name, title owner based of registration not based of publication. It's a tedious, time consuming way to find something.
• 07 - What is the copyright owner getting in return for his filings?
••• "The Berne Convention?" The Berne Convention for the Protection of Literary and Artistic Works, usually known as the Berne Convention, is an international agreement governing copyright, which was first accepted in Berne, Switzerland in 1886.
••• The Berne Convention requires its signatories to recognize the copyright of works of authors from other signatory countries (known as members of the Berne Union) in the same way it recognises the copyright of its own nationals.
••• The United States initially refused to become party to the Convention since it would have required major changes in its copyright law, particularly with regard to moral rights, removal of general requirement for registration of copyright works and elimination of mandatory copyright notice. This led to the Universal Copyright Convention in 1952 to accommodate the wishes of the United States. But on March 1, 1989, the U.S. "Berne Convention Implementation Act of 1988" came into force and the United States became a party to the Berne Convention, making the Universal Copyright Convention obsolete.
••• Since almost all nations are members of the World Trade Organization, the Agreement on Trade-Related Aspects of Intellectual Property Rights requires non-members to accept almost all of the conditions of the Berne Convention.
••• As of September 2008, there are 164 countries that are parties to the Berne Convention.
• 08 - If you didn't renew … . . you lose. It's that easy, Right?
•• It's not quite that simple. For one thing, said Josie, there's a fundamental conflict in Copyrights: The more effective it is at discouraging service mark infringement, the less revenue it brings in. Theoretically, if prices get pushed up high enough, so many people will stop service mark infringement that revenues would decrease, eventually to zero if everyone were to quit.
••• Author guild president 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."
• 09 - And what does that tell us?
••• Old material governed by new copyright after 1976, effective 1978, are automatically protected registrations; automatically even work not published before. As to music, BMI, ASCAP have the best records regarding older music.
••• Theere are two separate things: Update. Some live performance, new recording (new arrangement) every record of who owns it, of authorship.
••• 1) for music 2) for sound recording. Since 1972, perfermer and record company get copyright.
••• If lyrics are there it is part of the music. (It's an issue of words) therefore attached are lyric sheets with music.
••• There are a variety of things, compiling of elements in new productions. If previously published, works get no copyright. If not previously published they could get copyright.
••• Let's work through a hypothetical. Imagine the song: God Bless America it 's been updated and recorded a thousand times -- each recording gets a new copyright.
PatenTOfficeLogo108w.jpg• 10 - When Books are once scanned and re-registered within the Library of Congress and issued a number, what protection will Google get - Globally?
••• The Berne convention assures automatic registration copyright with Library of Congress,
• 11 - In regards to the Google scanning are works newly copyrighted?
••• MARYBETH: No, they don't have new copyrights. Google can't do anything without permission.
• 12 - What about foreign copyright under the Berne convention? Are they New copyright in the US?
••• The Berne convention assures automatic registration copyright with the Library of Congress, started in 1886, and rejoined Berne Convention 1989.
••• There is automatic registration copyright simultaneously published in the U.S. and a Berne convention member country. There are apaproximately140 member countries. There are also a number of international agreements for additional protection for US publishers. You can go to www.copyright.gov OR email OR call to talk to public information specialist.
••• Obviously, says Josie that's not exactly was happens, but the ingredients are there. But the equation has proved, time after time, to be just about right. But we're not done. We still want to know what the effect of the Google Settlement will be on the revenue they are hoping to raise.
••• As stated, 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.
• 13 - How about other non-member countries?
••• They are not protected by copyright law, but under the unfair competition law.
/ImagesNBSvirginmobile01_files/branson-with-moto.jpg• 14 - How are phone numbers registered?
••• Phone directory, white pages since 1991 are not protectable. They are labors not creations. Yellow pages are registered for copyright, but not white pages.
••• Phone numbers are given to individuals by Telecom services they subscribe to. The copyright registration system wasn't clear if eligible. Clearly, The Supreme Court in 1971 said No. It's public domain.
• 15 - What about copyright notice?
•• There are twp things. Since March 11, 1989 books, published works, no longer need a copyright notice. In 1994, many foreign copyrights were extracted from public domain. The creation of WTA agreements restores copyright without renewal, these works basically had copyright recognized after Jan. 1, 1995, it restored works with Russian musical composers for instance, we had no relations with Russia, so before 1973 work would not be protected. But if a composer went to Paris, work would be protected by the US. In the Google settlement agreement of January 5, 2009 all works are covered, copyright as good as it gets.
• 16 - How about domain names?
••• Domain names are closer to trade name laws. Copyright law does not protect domain names. The Internet Corporation for Assigned Names and Numbers (ICANN), a nonprofit organization that has assumed the responsibility for domain name system management, administers the assignation of domain names through accredited registers.2302/%23%23$$mmaarrttsitemaster2010/ImagesStub/stubtelephondelgreen108w.jpg
••• The original authorship appearing on a website however may be protected by copyright. This includes writings, artwork, photographs, and other forms of authorship protected by copyright. Procedures for registering the contents of a website may be found in Circular 66, Copyright Registration for Online Works.
• 17 - How about names, short titles, article titles?
••• They are not eligible for copyright and come under unprotectable subject matter. Several categories of material are generally not eligible for federal copyright protection. These include among others: 
• Works that have not been fixed in a tangible form of expression (for example, choreographic works that have not been notated or recorded, or improvisational speeches or performances that have not been written or recorded) 
• Titles, names, short phrases, and slogans; familiar symbols or designs; mere variations of typographic ornamentation, lettering, or coloring; mere listings of ingredients or contents 
• Ideas, procedures, methods, systems, processes, concepts, principles, discoveries, or devices, as distinguished from a description, explanation, or illustration 
• Works consisting entirely of information that is common property and containing no original authorship (for example: standard calendars, height and weight charts, tape measures and rulers, and lists or tables taken from public documents or other common sources) 

/ImagesNBSvirginmobile01_files/branson-with-moto.jpg• 18 - Failings of the agency when publishers were not notified of new laws?
••• The Agency has no obligation to notify anybody. Everyone got a certificate of registration from the copyright office. The Copyright office did never know who was the owner, who was registering after 28 ears.
••• There is a Catalog of entries in public libraries.
• 19 - How do you file a domain. Is there a need to file each page of a domain without registering with you?
••• Any work that is created either on paper, computer, disk - is protected.
••• You can find good info on the page under copyright basics. CLICK FOR COPYRIGHT BASICS
USLibraryOrphanBooks108w.jpg• 20 - What is the orphan project all about?
 ••• Orphan books are works that are out-of-print and unclaimed by any copyright holders. All work between 1923 and 1963 are in the the public domain unless renewed. Only 6% were renewed so large numbers are in the public domain
 ••• A solution to the orphan works problem is overdue and legislation is pending in Congress that would ease the "orphan works" problem by reducing, but not eliminating, the exposure of good faith users.  But there are clear conditions designed to protect copyright owners. CLICK FOR MORE Marybeth & ORPHAN BOOKS
• 21 - What countries have better copyright laws than the U.S.?
••• Our's is as good as any copyright law on the planet. Ours are the best copyright laws.
••• The interview ended when MARK implied a big . . . "Thank you for your answers and time . . . with MARYBETH answering with the inventation . . . "Yes, everything on our website is public domain." CLICK FOR MORE COPYRIGHT LAW
This interview was edited and excerpted from longer separate transcripts by each participant. Interview archive, www.tvimagazine.com

/ImagesNBS100/NBSPatentLogo02BAuto108w.jpg03h More Interview Q&A between MARYBETH PETERS, and MARK SOVOL
••• MARK: Before I ask you my first formal question, may I ask you a couple of preludes. First: Was Barbara Ringer one of your mentors? Secondly: Can you tell me what happens when publishers merge with each other, what happens to their copyrights. Let's say to all the articles prior to 1956? -- and thirdly: How do you now renew the copyright of some of the old songs or print form publications?
••• MARYBETH: She (Barbara Ringer) -- certainly was a mentor. She was the first female registrar to head the Library … but I had no direct contact. Barbara Ringer came right from law school. She started out as a renewal examiner ahead of the renewal section and she served as Register of Copyrights until1994.
••• MARK: Most of our Media readers want to know when/where to file Service Mark ®™© registry. You are the person now in charge of the Library?/Images04/stubTesla3x2bw.gif
••• MARYBETH: Yes.
••• MARK: As you know . . . TVI, and NBS publishing are both publisher of one of the oldest trade magazines in the business of reporting anything and everything that uses a microphone, earphone or monitor. Television International Magazine, was founded by Sam Donaldson and Al Preiss in 1956, and NBS publishing was founded in 1902 by Nathan Stubblefield, Murray, Kentucky. TVImagazine is a media publisher specializing in both print, & WITEL, and Internet streaming video.
/Imagespeople/%23NBSvsFCCportz108w.jpg04h TVI Bylines / Question and Answers, not covered within the Marybeth Peters interview.
TVInews: 2009 July Issue LIBRARY OF CONGRES - COPYRIGHT FEES & FINES - Since 1905. Outlawing OWNERSHIP and CLAIMS by OWNERS' FAILURE TO RENEW Copyright after 28 years prior to 1956. CLICK FOR MORE ANTITRUST MONOPOLY

01. What does a copyright protect?
TVInews: Copyright, a form of intellectual property law, protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture. Copyright does not protect facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed.
•• The earliest copyright statute in the United States was passed On January 8, 1783, by the General Court of Connecticut under the title "An Act for the Encouragement of Literature and Genius." Dr. Noah Webster, famed lexicographer and one of Connecticut's most distinguished men, was directly instrumental in securng its enactment.

02. Surely . . . there must be arguments against the way the Library operates?2006/Imagespeople/%23FessendenWin1928Suit108w.jpg
••• TVInews publisher, Josie Cory, says . . . "Plenty of them." Some are made by publishing companies, some by libertarians, some by the copyright or owners of those so-called Orphan Books.
••• One is that the government has no business using fees, and regulatory seizure to legislate personal intellectual works, unless somehow compensated, as in the RF analog to digital seizure on June 12th. If people want to smoke and are fairly apprised of the risks, the government should not create financial impediments.
••• Is that a reasonable objection? -- It's certainly true that government fees, unknown by the owner of a copyright, and not timely paid, are regressive. On the other hand, people are also more likely to benefit, because they are more likely to quit as a result of the tax.
03. • What should a copyright owner do, to pick-up their orphan book claims?
••• In most cases, they'll just pay the higher cost. But opponents warn that Renewal fees create incentives for black markets, especially if there are large price differentials in nearby areas.
••• As an analogy, in some cases, people will cross state borders, or even national borders, to buy or smuggle cheaper cigarettes. As taxes go up, it makes economic sense to purchase cigarettes on Indian reservations, where the taxes often do not apply. CLICK FOR MORE ALL ABOUT COPYRIGHTS

Part 05h - Editor's Notes • Reviews / Editorial Chart • Editorial Calendar / Events Calendar /
NBS100 TeleComunication Study - Regulatory Frequency Seizure

CLICK FOR MORE COPYRIGHT STORY FROM THE LIBRARY
All about Copyrights
Copyright Laws
Copyright Basics
Fair Use
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
Remedies Legalese
Content Credits
The Movie "WiTEL-187"

More Articles • Converging News / TeleCom BuyOuts, Spinoffs and Asset Seizure Boom
•••

Imagespeople/JosieCoryITC108w.jpgPart 06h • Acknowledgments ®™© / NBS Authentication -
Use of ISBN -
CLICK FOR MORE FREE USE OF THE NBS ISBN.
EDITORIAL NOTE: Monetize NBS WiTEL  -  TVI NBS Publications. "In the 1902 world of the NBS Wireless Telephone®™©," says Josie Cory, -- "which is being vividly pictured by the story writers of today," . . . it is, by and large, described as the WiTEL word, consumers turning the 1902 WiTEL invention into being broadcasters, using and integrating "Magic Jacks, iphones, cellphones, cyberspace, the Internet, and VoIP into their own global Radio-TV station, IDd with a phone number."
••• So when Nathan Stubblefield wrote in the introduction to the 1902 NBS edition of the "Wireless Telephony," authored by Nathan. The soft-cover booklet was Created over 100 years ago as a memorial to his own start-up NBS Industrial College. The name was changed to Telephon-Del-green in 1907, became a normal school, and is now the site of: Murray State University (MSU).
••• The idea was to spotlight the distinct and separate science developed by the NBS WiTEL®™© Radio innovations, 20 or so works, each year, which, including the NBS WiTEL®™© phone number connecting network system, would help maintain his Wireless Telephone®™© service mark organization, as well as train aerial tower tradesmen.
••• Coming of age during a time that saw the effects and elements of the Kentucky EMW WiTEL®™© Voice Radio invention exploding as an art form -- and a marketable one, at that, with the help of the Kingsbury Commitment, and World War I. Winners have included most of the Smart Daaf Boys, David Sarnoff, GE, and RCA-NBC, who took an unlikely first-place seating over Thomas Edison. 
• Respectfully Submitted
Josie Cory
Publisher/Editor TVI Magazine
 TVI Magazine, tviNews.net, YES90, Your Easy Search, Associated Press, Reuters, BBC, LA Times, NY Times, VRA's D-Diaries, Industry Press Releases, They Said It and SmartSearch were used in compiling and ascertaining this Yes90 news report.
 ©1956-2010. Copyright. All rights reserved by: TVI Publications, VRA TelePlay Pictures, xingtv and Big Six Media Entertainments. Tel/Fax: 323 462.1099.

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