Arguments before the Committee on Patents of the House of Representatives, conjointly with the Senate Committee on Patents, on H.R. 19853, to amend and consolidate the acts respecting copyright: June 6, 7, 8, and 9, 1906.United States. Congress. House. Committee on Patents
History
Arguments before the Committee on Patents of the House of Representatives, conjointly with the Senate Committee on Patents, on H.R. 19853, to amend and consolidate the acts respecting copyright: June 6, 7, 8, and 9, 1906.
United States. Congress. House. Committee on Patents
Copyright -- United States
Now, in this art of self-playing musical instruments alone I have been
granted some twenty-seven patents by this country, and have also been
granted patents all over the world. My patents read very similar to
this--that I shall have the exclusive right to make, use, and sell the
mechanical contrivance covered by the claims of those patents, and
those claims embody, in connection with the mechanism, a perforated
roll, which is a controller for the instrument, and is an essential
part of it, and in the case of phonographs or graphophones they
include the engraved record.
Notwithstanding that I have gone ahead in good faith under the reading
of the Constitution and the laws as construed by the courts right up
to date, that composers shall be limited to their "writings,"
intimating thereby that we inventors should have the right to any
methods that we might discover for mechanically reproducing
music--notwithstanding that I have expended years of effort and all my
money, time, and labor to devise these machines, and have built models
and exhibited them, and companies have been formed around them--and
notwithstanding that my patents give me the exclusive right to make,
use, and sell these machines, this proposed act comes out and says
that "any device especially adapted in any manner whatsoever to
reproduce to the ear the whole or any material part of any published
and copyrighted work after this act shall have gone into effect,"
etc., shall be illegal, and subjects me to all those hardships
enumerated in my preamble, and transfers to the copyrighter in almost
the exact words of my patent those rights given me by the Commissioner
of Patents under the authority of the Constitution.
I am not a lawyer, and never made a public speech before in my life,
and can only speak to you out of the fullness of my heart. I have not
even been able to get my counsel here----
Mr. CHANEY. I do not think you need any. [Laughter.]
Mr. DAVIS. After destroying or limiting the patent rights already
vested in me as explained, and transferring them in whole or part to
the copyrighter, as contemplated in subsection (_g_), page 2, in the
bill, I am, by another part of the bill, liable to imprisonment if I
infringe a copyrighted composition, and this I will do of necessity if
I proceed under the authority of my existing patents giving me the
exclusive right to make, use, and sell my mechanical device for
reproducing music, whether copyrighted or not, thus through two
conflicting grants, one to the composer and the other to me, I may
innocently----
Mr. CURRIER. Not if you do it innocently. If you read it carefully you
will find that that is the case.
Public-domain text, read in full here on John Shaqi.
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