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, if you please, turn to section 18, subdivision B. It gives a
copyright for fifty years after the first publication, and you will
find at line 13 of the House bill, which I hold, that it gives a
copyright for fifty years after the date of the first publication, in
"any arrangement or reproduction in some new form of a musical
composition." Then, you will find further down, in subsection C of
that section 18, where it gives a copyright for the lifetime of the
author and for fifty years afterwards in the case of an original
musical composition, thus making it clear, from a reading of all those
sections together, that first, where there is an original composition,
say of Mr. Sousa or Mr. Herbert, which has been already copyrighted
under the present act, under the provisions of this new act they have
the right to prohibit the cutting of music rolls for the period of
fifty years from those original compositions which they have already
copyrighted; and, secondly, the most dangerous provision of the bill,
that any music-cutting establishment--this monopoly, for instance--can
take any old work, that has never been cut to this day into a music
roll, which is in the public domain--one of Beethoven's sonatas, or
the Star Spangled Banner, if that has not already been done--and they
can cut a music roll and can copyright that, and they can get the
exclusive right because of such cutting, notwithstanding that
everybody is free to perform that particular piece in every other way.
This bill gives the right to cut it into a music roll and get a
copyright for fifty years after the first publication in the form of a
perforated music sheet. That, I submit, Mr. Chairman and gentlemen, is
a very iniquitous provision--very iniquitous.
Mr. CHANEY. That starts in on page 4 and concludes on page 14?
Mr. O'CONNELL. Yes.
Mr. CHANEY. I think you are right about that.
Mr. O'CONNELL. Thank you for agreeing with me.
Then, there is another provision of section 19, which was covered
yesterday by Mr. Ogilvie, in regard to book publishing, to which I
have the same objection, and that is that where the author dies his
family can not get the continued copyright for fifty years unless the
assignee or licensee shall join in the application for such renewal
and extension. Some provision ought to be made there so that in case
the licensee or assignee refuses, at the instance of the widow or
orphans of the author, to apply for an extension of the contract, the
widow and orphans shall have the right to proceed independently of the
assignee or licensee. As Mr. Ogilvie very well said, where the
publisher has the right to reproduce on the payment of a royalty of 20
per cent he may very well say now, after the author dies, "I will not
apply with you for this extension unless you permit me to pay you
merely a royalty of 2 per cent."
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