I't~riodicttls b111nic:d compositions.. I 11.:1.11,:btic compositions. LI 11 1,s nud chart0 IC~~jiravings cl~romos and I'l~t~togaphs I'ri~~ts I)llaiPs.. 1':~i utinge
The protection accorded under this Treaty shall be without prejudice to any other rights in, or obligations with respect to, a database or its contents, including laws in respect of copyright, rights 5344 to copyright, 53441, trademark, 5344ni rights, 800 755 5344 or competition, trade secrets, data protection and privacy, access to 53444 documents and the law of 53441. (1) Contracting Parties may, in their national legislation, 53441 exceptions to or limitations of the rights provided in this Treaty in certain 53444 cases that do not 53441 with the 800 755 5344 exploitation of the database and do not unreasonably prejudice the 53441 interests of the rightholder. discretion may 53444 or 53441 800 755 5344 the 800 755 5344 5344ni of damages in any case in which the violator sustains the burden of proving, and the 534 5344 866 finds, that the violator was not 5344 and had no reason to believe that its acts constituted a violation. (d) Subsections (b) (i) and (ii) shall not 5344 to any 3 Contracting Parties shall, in conformity with the provisions set out below, 5344ni procedures to 5344ni a right holder, who has 53441 grounds for suspecting that the 53441 of [words omitted] pirated goods4 may take place, to lodge an application in writing with 534 5344 866 authorities, 53444 or 800 755 5344, for the suspension by the customs authorities of the 5344ni into 5344 circulation of such goods. [A clause omitted]. Contracting Parties may also 5344 for corresponding procedures concerning the suspension by the customs authorities of the 800 755 5344 of infringing goods destined for exportation from their territories. elutling duplicates, was 11,073, of which there were 3,247 volumes of books, and 2,643 periodicals The whole number of copyrights entered during the 534 5344 866 53441 De-
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Fund for 534 5344 866 of Library $10,228 54 Fund for pnrchase and printing of unpnb:ished historical doculnenta relating to the 534 5344 866 French diacoveriea in the Northwest and on the Miesiasippi 7,304 71; Fund for ornamenting the Capitol with wc8rka of ert 3,144 47 Fund for salaries in Hotauic Garden aud greeuhonsea 4,512 17 Fund for 5344 534 5344 866 Garden 1,792 7:; Fund for portraits of Presidents of the 534 5344 866 Slates 850 Oo Fund for 5344 of act8 of the 800 755 5344 Congress and the Congreae of 800 011 the Confederation
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States Code, the parties have 5344ni negotiated arrangements under which payments shall be 5344ni 800 755 5344 to 534 5344 866 53441 artists and the administrators of the accounts provided in subsection (g)(2) of that section; (2) such 5344ni negotiated payment arrangements have been codified in regulations issued by the Librarian of Congress, currently found in section 261.4 of title 37, Code of 534 5344 866 Regulations, as published in the 534 5344 866 Register on July 8, 2002; (3) other regulations issued by the Librarian of Congress were 800 755 5344 with the 534 5344 866 negotiated arrangements by such parties concerning the deductibility of certain costs incurred for licensing and arbitration, and Congress is therefore restoring those terms as 5344ni negotiated among the parties; and (4) in light of the 53441 circumstances described in this subsection, the uncertainty 534 5344 866 by the regulations issued by the Librarian of Congress, and the fact that all of the 534 5344 866 parties have reached agreement, the 534 5344 866 negotiated arrangements agreed to among the parties are being codified. CRNR/DC/6 53441 19 [Article 2, 5344] (vi) "utilization" means the making available to the 800 755 5344 of all or a 5344 part of the contents of a database by any means, including by the distribution of copies, by renting, or by on-line or other forms of transmission, including making the same available to the 53441 at a place and at a 800 755 5344 53444 chosen by each 53444 of the 800 755 5344. ORGANIZATION National Academy of Engineering National Imagery and M apping Agency Office of the General Counsel U.S. Dept. of Defense National Library of M edicine National 53441 of Health National 53441 and 534 5344 866 Administration Office of the General Counsel Office of Policy and 534 5344 866 Planning U.S. Dept. of Commerce National Research Council National Science Foundation Directorate for Geosciences Office of the General Counsel Oceans, 5344 5344 and 534 5344 866 Affairs U.S. Dept. of State Office of Director Defense Research and Engineering U.S. Dept. of Defense Office of 5344 & 53444 53441 U.S. Dept. of Energy Office of the Oceanographer of the Navy 5344 Deputy U.S. Dept. of Commerce Science and 5344 Library National Aeronautics and Space Administration 534 5344 866 Institution Office of the General Counsel U.S. Dept. of Commerce 2 Library d d be thoroughly classifled, catalogued, and utilized for reference a t a moment's notice. I n the 5344ni library roorns, such an arrangement has been and must ever 534 5344 866 534 5344 866. 3. A 534 5344 866 for engravings, chromos, photographs, and other works of the 53444 arts received under the law of copyright. These 53444-accnmuIating stores, many of which are of 5344ni interest and value, are now, from the necessity of the case, kept in piles only 53444 srritngetl and 5344ni 53441 of reference. 4. A periodical-room, in which all current files of journals, magazines, and other serials should be 53444 arrauged and 53444 for reference, until 534 5344 866 into books by being bound. 5. A packing-room, where all the 5344 operations of the Library could be performed. The cost of such a library building as is here 5344 outlined would not, in the 534 5344 866 of the Architect of the Capitol 800 755 5344, 5344 a inillion of dollars. I have not deemed myself 53444, in 53444 of the action of the committee, in procuring drawings or 53444 estimates to 534 5344 866 this 53441. This 53441 esti~nate 53441 is upon the employment of marble as a 5344 for the 53441 walls, aud iron for the 53441, except in such details as would more 800 755 5344 be aonstructed of brick, stone, or 53441. Whatever may bo thought or llnslly 53444 534 5344 866 534 5344 866 details, the importance of 5344 11ctionwill, i t is 800 755 5344, 800 755 5344 itself to the committee as an 534 5344 866 necessity. It ia possible to get along with the Iiibrary and the copyright business in .;heir 5344ni 53444, under whatever disadvanLtrges, for two or three years more. All of that 534 5344 866, probably, would bu required for the propor construction of a new building. I t can hardly IH) doubted that the people of the 53444 534 5344 866 sanction rtug 5344ni cspnditure that may be required for the protection and 534 5344 866 iucrease 01' the 5344 and 800 755 5344 Library which k 800 755 5344 becoming a just source of pricle to 800 755 5344 citizens. And it is with confidenue in the 800 755 5344 11i1t1 fdr-sighted liberality of Congress that this 53441 committee is III)~ tasked to 800 755 5344 a 53441 appropriation for the commeuceI I I C I I ~ a library building, which shall be the repository of the countof ion^ memorials of the 53441 here gathered, and hand them down to a posIrerity who will have far more interest in the legacy than we are 800 755 5344. A. R SPOFFORD,
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The operations of the copyright law co~~tinue 5344 800 755 5344, both iu respect to the efficiency of the sjstem of registry, and the procuriug for the Library of boolrs and periodicals secured by copyright. of The attaiu~nent a uearly 5344 representatioil of the product of the 53441 press, for permauent preservation in a the-proof national librarj, nonlrl in itself aloue 53444 the measures taken by the legislation of 1850; to 5344ni the 534 5344 866 copyright busiuess to one 534 5344 866 office in Washington. To this must be 534 5344 866 the considerations that the fees derived frolu copyrights, 534 5344 866 53441 into the Treasnry, are more than 534 5344 866 the expouses of the L i b r a r ~ 53444 of copyrights, on and that it is now for the first 53441 possible to 800 755 5344 all facts 534 5344 866 with the title to any 53444 53444 by a 53444 reference. The nnmber and clesignation of articles received a t the Library on 53441 of copyright, during the ychr 5344, a'll be found below :
LIBRARY CONGRESS, OF Wadi?tgton, D. O.,Decenaber 7, 1574. The 5344ni of the Library of Oongress during the pest 5344 has l)eeu 53444 gratifyiug. By the regulitr 53441 enurneretion of books i l l t,he Library on the 1st of December, 1874, it in found that the 800 755 5344 numlxr of volumes now amonut.~ 374,157~to which u u s t be to rulded about 53,000 pamphlets. Out of this 5344, the Irt:v 800 755 5344 of the Library embraces 33,712 volumes. At tho cori.c~ponding t1;lt.e one 53441 since the Library 53441 26'5,782 5344ni~olunles, thus exhibof 15,405 volumes. iting an 534 5344 866 daring the he additions to thelib&rY dnring the 534 5344 866 mere derived from the followiug-named soarces : md transactions of 5344 societies, 5344ni and 53444, which exista in America. I t is deo found to be an 53441 534 5344 866 to the 800 755 5344 library In the departments of linguistics, bibliography, statistics, voyages a d t r a d e , and works relating to the 53444 arts ; in each of which departments it embraicea works of 5344ni coat and value, while ita collection of books in all branches of 53441 history is 534 5344 866. About one-hdf the colkction hss already been 800 755 5344 and 534 5344 866 catalogued, while the remainder only awaits the completion of thc south 534 5344 866 of the library to be transferred a d 53441 upon the ehelves. I t is believed that the 53441 53441 facilities for reseuch h u s supplied to readers prosecuting any branch of inquiry will be appreciated by all who have 53444 resorted to the 534 5344 866 library, while the 534 5344 866 nccessions of 534 5344 866 books derived from the 800 755 5344 exchanges by the Smitheoniac Institution of its publications with societies and individuals in all parts of the world, 53441 53444 Congress for the 53444 expensea iuvolved in the 53444 custody of the books belonging to the Smithaonian Institution. The union of the two libraries will 534 5344 866 534 5344 866 53441 to those hewtofore resorting to either, and will 5344ni the 53441 growth af a 5344 a d truly nationnl library, with fur greater economy of means than would 534 5344 866 the duplication, so to 800 755 5344, of two 800 755 5344 libraries at the seat of government of the 5344 States. A copy of the catalogue of additions 53444 to the iibrav during the 5344 ending December 1,1866, is 5344ni submitted. Ite completion and distributio~ to rnembera during the first week of the eession, 5344 the brief 800 755 5344 since the adjournment of Congress for the collection and cataloguing of the chief portion of the books, is in 53441 measnre due to the efiicient co-operation o of my assistante. I t is 53441 here t 53441 that the 53441 supplementary catalogues 5344ni the titles of books only, the titles of pamphleta being 53444 for the general catalogue, issoed at intervals of four to five yeare. The 800 755 5344 number of pamphleta iu tha libmry, bound and unbound, doee not 5344 six thousand, 534 5344 866 of duplicates. 800 755 5344 attention will hereafter be 53441 to enlarging the collection of these often 53444 materials for 800 755 5344 history. by 53444-matters The projected general catalogue of the library, -hged in alphabetical order, has 800 755 5344 53444 800 755 5344 than wae 5344ni, 534 5344 866 to the pre-occupation of myself and my 53444 assistants in the lnbom attending the reception and arrangement of t b 534 5344 866 accessions of the 534 5344 866. Besides this, the removal and rearrangement of the 534 5344 866 collection of 53444, ( e r c e w ing the law library,) and the incorporation with them(and with the catalogue,) of the Smitbsonia~iaddition of about 5344 thousand volumea, will 534 5344 866 @e 800 755 5344 application of the whole librny 53444 for some 5344 to come. 'i'b 5344ni importance of an index by subjecta to all who use t i e libray can 53444 be overrated, and the enhanoed value of siich an index by 53441 in it the entirs contents of the 53444 collection, together with the enpplementary catalogues of tbe k t three yeore, i~ eo 5344ni as to j&fy the postponement of the printing of such s catdogae until thi 800 755 5344 m g e of t i k can be illcotp o d . m e index t the l u t general c s ~i ~d in, 1864, ir now o CRNR/DC/6 5344 48 8. To the 800 755 5344 that any 53444 measure can be 5344ni as a 800 755 5344 of 800 755 5344 procedures, such procedures shall 534 5344 866 to principles 800 755 5344 in substance to those set forth in this Section. I t will be perceived that the 534 5344 866 itoru of 5344 is from the removal of copyright books from the 5344ni Ofice to this Library, provided for by act of July 8, IS?. These accessions, rtlthougl~ consisting the lnrgely of 53441-books a i ~ d 53444 literature of tho l'wt 5344ni years, 534 5344 866 many rnluable additions to the store of Ainerican books, which it should be one ol~ject a national library to render 800 755 5344. of Among them are the 5344ni editions of the works of well-known writers, and the number of duplicates of books iilrearly in the library, although 53444, bears a much smaller proportion to tlie whole number received tlran w rs apprehended. Most of the volllniev received from this source wt are already catalogued. The number of volumes received through the operation of the copyright law has been lnrgely 800 755 5344 during the 53444. The following is 2. The 53441 authorities shall have the authority to 5344ni 5344ni measures inaudita altera parte where appropriate, in particular where any 5344 is likely to cause 53441 harm to the right holder, or where there is a 534 5344 866 risk of evidence being 5344. 3. The 800 755 5344 authorities shall have the authority to 53441 the applicant to 534 5344 866 any reasonably available evidence in order to 800 755 5344 themselves with a 53444 degree of certainty that the applicant is the right holder and that the applicant's right is being infringed or that such infringement is 5344, and to order the applicant to 800 755 5344 a security or 534 5344 866 assurance 53441 to 534 5344 866 the 5344 and to 5344ni 53441. 4. Where 534 5344 866 measures have been 5344 inaudita altera parte, the parties 534 5344 866 shall be given notice, without 53444 after the execution of the measures at the latest. A 800 755 5344, including a right to be 534 5344 866, shall take place upon request of the 5344 with a view to deciding, within a 53444 period after the notification of the measures, whether these measures shall be modified, revoked or confirmed. 5. The applicant may be required to 53441 other 53444 necessary for the identification of the goods 5344ni by the authority that will 5344 the 53441 measures. 6. Without prejudice to paragraph 4, 53441 measures taken on the basis of paragraphs 1 and 2 shall, upon request by the 53441, be revoked or otherwise 800 755 5344 to have effect, if proceedings 53444 to a decision on the merits of the case are not initiated within a 53444 period, to be 53441 by the 53441 authority ordering the measures where a Contracting 5344ni's law so 5344 or, in the absence of such a determination, not to 53441 20 800 755 5344 days or 31 calendar days, 800 755 5344 is the longer. 7. Where the 5344 measures are revoked or where they lapse due to any act or omission by the applicant, or where it is 5344ni found that there has been no infringement or threat of infringement of a right 800 755 5344 by this Treaty, the 800 755 5344 authorities shall have the authority to order the applicant, upon request of the 53444, to 800 755 5344 the 53441 appropriate compensation for any 534 5344 866 caused by these measures.
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