Arguments before the Committee on Patents of the House of Representatives, on H. R. 11943, to Amend Title 60, Chapter 3, of the Revised Statutes of the United States Relating to Copyrights: May 2, 1906.United States. Congress. House. Committee on Patents
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Arguments before the Committee on Patents of the House of Representatives, on H. R. 11943, to Amend Title 60, Chapter 3, of the Revised Statutes of the United States Relating to Copyrights: May 2, 1906.
United States. Congress. House. Committee on Patents
Copyright -- United States
Mr. SERVEN. That is what I say, that we sell almost no copies except
for public performances. There are very few people who ever buy these
for private inspection. Almost every single copy of this sort is sold
for the purpose of public performance, and that is why this very thing
has damaged us so much and estimated to have cut down our sales on
those particular productions from 75 to 80 per cent.
The CHAIRMAN. Who makes that estimate?
Mr. SERVEN. Primarily I make that estimate from the best information I
can get from gentlemen in the publishing business, and secondly, it is
made from those who make the sales, whose sales are reduced.
The CHAIRMAN. It ought to be very easy for the musical people to
furnish their books and give us a verification of that statement. If
before Mr. Tams and the gentlemen engaged in that business entered the
field they were making, for instance, $10,000 a year, and that business
has shrunk, according to your statement yesterday, 85 per cent, it
ought to be very easy for them to give the committee that information.
Mr. SERVEN. It so happens, Mr. Chairman, that our music publishers have
other things to depend on. If they had only this I venture to say that
the probability is that there would not be a single extended music work
published in the United States to-day unless it was done solely through
philanthropy. As to this question of notice, while I consider that
aside from the point, because the law does not say that there shall be
notice, but it says that we have complied with certain other things in
the law, and we have to subscribe to that before we can get our
copyright from the Librarian of Congress, yet this is a copy of the
circular which last January, I understand, was sent to every musical
society that the publishers knew of in the United States, specifically
calling attention to the fact that there was such a law. So, in
addition to whatever the law might have required in the question of
notice, it would not be our fault that they did not have such notice,
and in addition to that we have unanimously recommended that in case of
every right of that sort where the right was reserved it should carry
notice of it somewhere in a conspicuous place on the front of the work
itself, so that there can not be in the future any question as to
whether the fellow that uses it knows he is violating the law.
But to come to what I think is the real meat of this question. This is
purely a business question and nothing else, a question of contract----
The CHAIRMAN. I beg your pardon, you are not relying on your contract
at all; you are relying on your statutory rights.
Public-domain text, read in full here on John Shaqi.
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