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. FURNESS. They charge an admission, and they get the best talent
they can procure. They have a few hundred books, and many times they
loan them out to other societies for similar entertainments, to
societies that are not so poor but what they could afford to buy them.
That is one of the great evils that is interfering with the business of
the music publishers.
Mr. GILL. Do the singers and musicians give their services free?
Mr. FURNESS. No; they do not. They are well paid. They have Caruso and
Sembrich and others of that class.
Mr. SERVEN. There may be a single song or instrumental piece which, of
course, can be produced on three or four pages and sold separately; but
anything other than something like that in the line of a musical
composition is simply valuable to the producer of it because of the
fact that it is going to be performed, and it is written especially for
that purpose, just as the dramatic compositions are written solely for
the purpose of performance, and not for the purpose of their literary
merit or as a matter of reading. And for that reason the performance of
the extended musical composition is exactly the same as the performance
of the dramatic composition.
And, to follow the comparison with the patent, in the same way that the
manufacture of the patent is to the right that is granted under the
patent so is this performance to the right that is granted under the
copyright, and the proceeds of the production are directly proportional
to the performance of the production. There is, to be sure, a limited
amount of private sales to persons who, for instance, find some one
little theme in a composition and like to have it in their homes and
occasionally sing it in their homes and possibly somewhere else, but I
should think it would be safe to say that not less than 90 per cent of
all the sales of oratorios or operettas or cantatas--I am speaking both
of religious and secular musical works--are either directly or
indirectly solely for the purpose of public performance and connected
with public performance.
The CHAIRMAN. But one of these societies that bought the books for the
purpose of giving a performance would only loan it to some society near
by.
Mr. SERVEN. Unless, as they sometimes do, they would send from
Worcester to California for something. It is easy to do those things,
and they do it, or have done it.
The CHAIRMAN. There might be persons in a society in California that
had friends belonging to a similar society in Massachusetts, and in
such cases there might be some correspondence and exchange, but that
would rarely happen, I should say.
Mr. SERVEN. They are in correspondence all over the country--the
different societies. For instance, there is a Cincinnati society that
has an annual festival there, and it carries on a correspondence with
similar societies throughout the country.
Mr. WEBB. Your idea is that nobody but a person who buys a piece of
copyright music should have a right to perform it publicly?
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