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
"_Provided_, That in the case of a musical composition authors or
their assigns shall have the exclusive right to use said copyright
musical compositions in the form of perforated rolls for playing
attachments, copyright on which music rolls may be obtained by
said author or his assigns in the same manner as now provided by
law for copyright on musical compositions."
I have not been able to discover that this proposed amendment of
the law was ever introduced in the form of a bill into either
House of Congress. It may have been. But I am informed that it was
formulated for the purpose of introduction as a bill in Congress
in the terms above set forth.
It was found impracticable to obtain the new legislation in such
specific and undisguised form, and resort is now had to a
pretended revision or codification of the entire copyright law,
for which there is not the slightest necessity and which will
inevitably give rise to a great amount of litigation before the
meaning and effect of the words used in the new law can be legally
understood, for the sole purpose that the Æolian Company may have
with its contracting publishers and copyright owners "pleasant and
profitable business relations," as expressed in the notice from
the Æolian Company to the contracting publishers, dated May 5,
1902 (a facsimile of which I have filed with your committees).
This notice states "a number a copyright owners satisfactory to us
have made with us agreements similar to our agreement with you."
Although the matters above referred to have been opened up before
your committee in the remarks of Mr. O'Connell, I have felt it my
duty to give my view of the matter in brief form, both in
confirmation of what Mr. O'Connell has said, and for the purpose
of indicating that the bill itself and proposed amendments thereto
must be scrutinized by your committees with the greatest care
before it is reported.
As to amendments of the bill, I see no alternative to the striking
out of paragraph (g) of section 1. If the combine exists as is
alleged it is obvious that the patents, inventions, machinery, and
plants of all those manufacturers of mechanical records who are
not inside of the combine, that is to say, of all the
manufacturers of perforated music rolls excepting the Æolian
Company, and all the manufacturers of talking machines and records
excepting the two companies who are alleged to be members of
another combination or trust for the exclusive manufacture of such
machines, and of all without exception of the manufacturers and
users and sellers of pianos and organs which are operated by
perforated music sheets, will be rendered practically useless, the
owners of such manufactories will be put out of business, and
their workmen will have their field of labor and bread taken away.
Public-domain text, read in full here on John Shaqi.
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