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
Mr. DAVIS. Yes, sir; and I would help you in all reasonable and lawful
efforts.
Mr. CHANEY. And the idea now is to try to evolve something that will
treat everybody fairly.
Mr. DAVIS. Yes, sir. But if the Constitution has led inventors on,
given an incentive to them to go ahead and work and devote their funds
and lives to developing these industries, which are second to none in
the world as young industries, it would be wrong to come in at this
stage and either curtail the incentive or subtract from rights already
vested in them.
Mr. CURRIER. Yes; but that very clause gives the same incentive and
protection to the musical author, does it not, as to the inventor? He
is protected on his writings as you are on your discovery?
Mr. DAVIS. Yes, sir; there is a line of demarcation set up in the
Constitution. I went in to try to get the line of demarcation between
an inventor and a composer. I went in, as I thought, intelligently. I
have studied the laws right down to the last decision of the 25th
ultimo, that of the court of appeal for the second circuit, and all
confirm the contention which I have made here that the only incentive
held up to the composer is a specific protection for his "writings,"
not on machines.
The CHAIRMAN. Would you object to Mr. Sousa taking your invention and
combining it with his composition and putting it upon the market?
Mr. DAVIS. If there was some fair, equitable way of doing that, no
sir, I would not. But unfortunately, we inventors and composers are
the ones that are generally imposed on, and naturally I am fearful
that any change in the laws as they now exist will prove
disadvantageous to both our interests.
Mr. MCGAVIN. If I understand your position correctly, you feel that
Mr. Sousa has no more right to require any further compensation from a
phonograph company, if it be a phonograph company, for the use of any
particular piece of music which has been copyrighted, and of which he
has received the benefit, than an inventor of a drum would have a
right, after he has been protected by a patent right, to require Mr.
Sousa to pay further for the use of that right. That is your position,
is it not?
Mr. DAVIS. Well, you can look at that in two different lights. From
the legal standpoint he has no right whatever. From an ethical
standpoint there seems to be a sort of remote ethical right. I am not
a lawyer, and not used to legal verbiage, and am not sure that I can
clearly differentiate between legal and ethical rights.
Mr. CHANEY. Well, this is the "Constitution between friends," you
know.
Mr. DAVIS. As inventors we proceeded under the laws of the land as
they exist.
Mr. MCGAVIN. That is just what I say.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account