Table of contents for the
Final Report of the National Commission on New Technology Uses of Copyrighted Works (CONTU Final Report)
with hypertext links to the online version

Introduction to the Online Version

Chapter 1 – The Commission and Its Recommendations


Computer Legislation

Software or Programs

Data Bases

New Works

Computer Regulations

Congressional Action Concerning Computers

Photocopying Legislation

Copyright Office and Photocopying

Other Government Agencies and Photocopying

Chapter 2 – The Establishment, Mandate, and Activities of the Commission

Chapter 3 – Computers and Copyright


Foundation for the Recommendations

Computer Programs38

Recommendations for Statutory Change

Recommendation for Regulations

Case for Copyright Protection for Programs

The Constitution


Statutory Copyrightability of Programs

Copyright and Other Methods Compared

Scope of Copyright in Programs

Economic Effects of Program Copyright

Cultural Effects of Program Copyright

Concurring Opinion of Commissioner Nimmer

Dissent of Commissioner Hersey

Are Mature Programs “Writings”?

Issue of Communication

Is Copyright Protection Needed?

Legislative Intent and the Constitutional Barrier

Distortion by Shoehorn



Social Effects


Economic Costs

Concentration of Economic Power

Communication – Human And Mechanical


Dissent of Commissioner Karpatkin

Computer Data Bases

Repeal of Section 117 of the Copyright Act of 1976 Recommended

Adoption of Appropriate Registration and Deposit Regulations Recommended

Case for Copyright Protection for Data Bases

The Input Issue

Scope of Copyright in a Data Base


New Works

Chapter 4 – Machine Reproduction – Photocopying

Recommendations of the Commission

Recommendation for Amending One Area of the 1976 Copyright Act

Recommendations Concerning the Five-Year Review of Photocopying Practices

Recommendations to Publishers

Recommendations to Government Agencies

Provisions of the 1976 Copyright Act Affecting Photocopying

CONTU Guidelines on Photocopying under Interlibrary Loan Arrangements

Volume of Library Photocopying in 1976

Copying of Copyrighted U.S. Serials for Interlibrary Loan

Photocopies Made for Local Use

Photocopies Made for Intrasystem Use

Means of Obtaining Permission to Make Photocopies or to Obtain Authorized Copies under the 1976 Copyright Act

Publisher May Notify Public That Certain Works May Be Photocopied for Individual Use

Clearance Mechanism

Suppliers of Authorized Photocopies

Institute for Scientific Information

University Microfilms

Secondary Suppliers of Authorized Copyright-Fee-Paid Copies

Possible Nonprofit Periodical Copying Centers

Periodical Centers in General

Interrelated Economics of Publishing and Libraries and the Impact of Copying Fees

General Relationship of Journal Publishing to Library Budgets

Library Acquisition Budgets – 1969-73

Borrowing and Photocopying through Interlibrary Loan

Effect of Photocopying on Periodical Subscriptions

Scholarly Journal Subscriptions and Library Budgets

Estimates of Possible Additional Costs to Libraries for Copying Fees

Copying for Interlibrary Loan

Copying for Local Use

Copying for Intrasystem Use

Estimates of Total Additional Costs for Libraries

Potential Copying Fees Compared with Publishers’ Revenues - Periodicals

The Economics of Book Publishing, the Library Market for Books, and Photocopying

Economic Analyses of the Impact of Photocopying Charges

Legislation and Systems Relating to Photocopying in Other Countries

Great Britain




Federal Republic of Germany


Recommendations of Interested Organizations

Effects of Future Technological Change

Chapter 5 – Summary

Appendix A – Summary of the Legislative History of Computer-Related Issues and the Photocopy Issue

Computer-Related Issues

The Eighty-Eighth Congress

The 1964 Revision Bill

The 1965 Revision Bill

The Ninetieth Congress

The National Commission

The Ninety-first Congress

The Ninety-second Congress

The Ninety-third Congress

The Ninety-fourth Congress

The Photocopy Issue

The Eighty-eighth Congress

The 1964 Revision Bill

The 1965 Revision Bill

The Ninetieth Congress

The National Commission on New Technological Uses of Copyrighted Works

The Ninety-first Congress

The Ninety-second Congress

The Ninety-third Congress

The Ninety-fourth Congress

The CONTU Guidelines

The Conference Report

Appendix B – Public Law 93-573 and Public Law 95-146

Public Law 93-573, Title II: National Commission on New Technological Uses of Copyrighted Works

Establishment and Purpose of the Commission

Membership of the Commission

Compensation of Members of the Commission


Expenses of the Commission


Powers of the Commission


Public Law 95-146: An Act to Extend by Seven Months the Term of the National Commission on New Technological Uses of Copyrighted Works

Appendix C – Commissioners

Appendix D – Staff

Appendix E – Lists of Witnesses

Copyright and Computer-Related Issues

Copyright and Photocopy Issues

Witnesses Supplying Background Information

Appendix F – Alphabetical Listing of Persons Appearing before the Commission

Appendix G – Transcripts of Commission Meetings

Appendix H – Summaries of Commission-Sponsored Studies

REPORT TITLE: Economics of Property Rights as Applied to Computer Software and Data Bases



REPORT TITLE: Legal Protection of Computer Software, An Industrial Survey


The Survey


Character of Firms

Legal Protection

REPORT TITLE: Costs of Owning, Borrowing, and Disposing of Periodical Publications


Specifications of the Model

Library Cost Components Included

Journal Usage over Time and Length of Holdings

Subscription Prices

Planning Period


REPORT TITLE: An Analysis of Computer and Photocopying Issues from the Point of View of the General Public and the Ultimate Consumer






The PISA Conferences

REPORT TITLE: Survey of Publisher Practices and Current Attitudes on Authorized Journal Article Copying and Licensing


The Survey


Journals and Fees

Publishers and Services

REPORT TITLE: Library Photocopying in the United States, with Implications for the De­velopment of a Royalty Payment Mechanism


The Survey


Appendix I – Bibliography

Selected List of Works on Computers and Copyright

Selected List of Documents Relating to Photocopying and the 1976 Copyright Act

Interpretations and Guides Issued by Organizations

Articles on Sections 107, 108, and the CONTU Guidelines

Documents Relating to Copyright Clearance Mechanisms

Documents and Articles Relating to Sources of Authorized Fee‑Paid Copies of Copyrighted Materials

Articles Written by the Commission Staff

Appendix J – Selected Provisions of the Copyright Act of 1976 and Copyright Office Regulations