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
The farmer or the workingman in all the small towns of this country,
who are possessed of an electrical piano player or an automatic piano
player, or a graphophone or a phonograph, which serves to relax the
tension of their daily labor and fill their souls with music, is not
because of the composer, for he rarely reached them, but it is the
direct result of the inventor of the mechanical contrivances with
which music may be conveyed. Yet this law attempts to reach out and
take away from the inventor the product of his brain and to deliver it
over to the composer. So far as the mass of the people of this country
is concerned, the work of the composer is infinitesimal as compared
with the work of the inventor, and the inventor is willing that the
composer shall have his just rights under the Constitution; that is to
say, shall have full protection in his writings, but does protest that
a law should not be passed which will enable the composer to overstep
the field of protection to which he is entitled under the Constitution
and usurp that which the Constitution has particularly provided shall
be with the inventor.
Mr. CURRIER. Would you object to paying a reasonable royalty to a
musical author or the proprietor of the copyright if all companies
would get the right to use that piece of copyrighted music upon the
same terms?
Mr. DAVIS. Most assuredly not--no, sir; I would not, provided----
Mr. CURRIER. You would not object to paying a reasonable royalty if
that right was given to all upon the same terms?
Mr. DAVIS. Provisionally I would not object, but your proposition is
one which mainly interests the manufacturers of my machine, whom I do
not represent. As an inventor I approve of the bill as a whole and
only seek to strike out therefrom those comparatively few words
covering mechanical devices, the insertion of which vitally affects
our present vested rights.
Mr. CURRIER. If it could be worked out along the lines suggested, you
would not object to that?
Mr. DAVIS. No, sir; no, sir. But, in my opinion, you will never be
able to draw a better or more workable line of demarkation between the
inventor and composer than that now set up by the Constitution,
particularly if you follow the lines of the present bill as regards
mechanical devices, in respect to which collusive elements have been
at work behind the drafting of the bill. I will give you my word of
honor to produce evidence of it.
The CHAIRMAN. Of what character?
Mr. DAVIS. That Mr. Sousa, or rather the majority of composers, have
been sold out by their publishers to this monopolistic octopus, the
Æolian Co. and lesser satellites, and that contracts exist which
anticipate and control benefits designed primarily for the composers,
with whom us inventors have no direct fight.
Mr. CHANEY. The idea is now, you know, to try to protect these people
who produce the music to the public, and all that. They have rights
which we are bound to respect, as well as the inventor.
Public-domain text, read in full here on John Shaqi.
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