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. — John Shaqi
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. Tams is willing that libraries should not be permitted to rent the
same, provided that it shall refer to future and new works, in which
case he would not need to buy the publications and have them on hand
for that purpose. It is an extraordinary claim on the part of the music
publishers to say that, while they admit that when they sell copies of
their publications it carries the performing rights with the copies
sold, yet the music publishers claim it only carries these performing
rights to such persons who purchased the same from them, and that these
books which have been purchased from them can not be used for
performance by any other society to whom they may be loaned or rented
by the society or person purchasing the same originally.
Take any patented article, like a sewing machine; one who has bought it
clearly has a right to lend it to another, to sell it, or to rent it
without any infringement on the rights of the patentee, but when he
attempts to manufacture the same that is another question, just the
same as if Mr. Tams or any other purchaser of books from the music
publishers would attempt to reprint them. This would be clearly wrong;
but as long as this is not done and the books have once been paid for,
how can the music publishers, composer, or author be wronged if it was
performed by A., B., and C., so long as these very books have been
purchased and paid for originally?
It seems to me that section 4966 of the copyright law should not be
permitted to be used as a club by some of the unscrupulous music
publishers in any case where they hear that one of their publications
is to be performed by one of our schools or a church or a vocal society
for the purpose of charity and without profit, and threaten them by
imprisonment and damages. The imprisonment clause seems to be a most
obnoxious and unjust clause, and not inserted for any good to society.
It seems that the music publishers, authors, and composers got along
swimmingly prior to the adoption of the statute, section 4966 of the
copyright law, and it is admitted that either the whole act should be
eliminated or an amendment made by which these poor societies should
not be held up in the case where the books have been paid for. They
should be permitted to rent to each other or borrow from each other or
buy from each other the books which have originally been bought of the
music publishers, and the music libraries that have purchased the books
from the various music publishers should be protected to date on such
publications, if it should seem, in the wisdom of the Committee on
Patents, that they should not be permitted hereafter to rent them.
Public-domain text, read in full here on John Shaqi.
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