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. O'CONNELL. Under the existing law, as it has been decided in the
White-Smith suit, the cutter of music rolls can go anywhere and take a
piece of music, copyrighted or uncopyrighted, and cut the roll from
it. That is my understanding of it, without paying any royalty to
anybody.
The CHAIRMAN. And the gentlemen and concerns you represent desire the
law to remain in that condition?
Mr. O'CONNELL. I have not said that, sir. What we say is this: We want
to be able to go out in the open market and buy our music rolls. We
will not be in that position if this bill goes through, because with
these contracts that I speak of we can not go into the open market, as
there will be no open market whatever. The distribution of these music
rolls will be in the hands of one house, and that house can put its
own price on them, or refuse to sell them to us at all at any price.
In other words, in passing this bill in its present shape, you are
fostering too great a centralization of power, or putting an absolute
monopoly into the hands of one group of men. That is our objection. If
some means can be devised whereby we get in on the same basis, whereby
we can buy our records or our perforated music sheets as Mr. Currier
said, on the same terms as anybody else, we have no fault to find,
then.
The CHAIRMAN. How can law prevent Mr. Sousa from making a contract
with the Æolian people or any other concern that he may desire to deal
with?
Mr. O'CONNELL. The law can not prevent him from making any contracts
he chooses with them, provided he does not contravene the law of the
land itself. He can make any contract he chooses for any price he
chooses. But there is the unfortunate situation: Mr. Sousa and Mr.
Herbert, and gentlemen situated as they are, naturally ought to be in
a position, I suppose, where they have liberty of contract; but in
passing a law the greatest good to the greatest number must always be
considered. If you pass this bill you do some good to these gentlemen,
you do a great deal of good to the monopoly, you do absolutely no good
to the vast majority of the authors, and you do a great deal of damage
to a great many millions of dollars interested and invested in
manufacturing industries in this country, even if you leave the
purchasing public out of consideration altogether. It is a question of
which you will take, unless some means can be devised to eliminate
those particular features.
Taking the bill itself, it was stated here by Mr. Putnam the other day
that the object of this bill was to give a copyright on music rolls as
to musical compositions composed after the passage of this act. That
was my understanding of what he said.
Mr. PUTNAM. Copyrighted afterwards, I think I said.
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