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
If this will be the result of the bill, and especially of the
paragraph section 1 (g), the bill is most unjust and class
legislation of the worst type. And that is just what the bill is
intended to be, but I am thankful that its object can not be
concealed.
It is no answer to the above objection to say that the bill
provides only for the future. So do the contracts between the
Æolian Company and its "satisfactory number" of copyright owners.
The said contracts are unlimited as to time, having been signed by
the great bulk of the trade (meaning thereby almost all of the
great music publishers of the country), they leave outside of the
combination only small publishers, and the contracts provide as
follows:
"Now, therefore, the publisher, for and in consideration of the
premises, and of the sum of one dollar, lawful money of the United
States, to him paid by the Æolian Company, receipt of which is
hereby acknowledged, and for and in consideration of the true and
faithful performance by the Æolian Company of its covenants
hereinafter made, does hereby sell, assign, transfer, and set over
unto the Æolian Company the exclusive right for all perforated
music sheets of the kinds aforesaid in and to all the copyrighted
compositions of which the publisher is the proprietor, or in the
case in which he is the owner of any less rights, to the extent of
said rights, and does hereby covenant and agree with the Æolian
Company to give and secure to it the exclusive right in like
manner for all perforated music sheets of the kinds aforesaid in
and to all those other musical compositions which may hereafter be
protected by copyright, and the copyrights or rights in which may
be acquired by the publisher, except that if the Æolian Company do
not accept any piece offered them within three months after said
offer then the publisher may be at liberty to dispose of the same
otherwise."
From the foregoing we arrive at this conclusion, and there is no
escape from it, that there is in existence a combination whose
design and effect upon very important business and laboring
interests of this country will be injurious and unlawful if the
bill should be passed as proposed, which combination is of
unlimited duration as to time, and which combination will control,
for the purpose of producing perforated music sheets, all the
copyrights or rights of production hereafter for such unlimited
duration of time which may be acquired by the great bulk of the
trade (music publishers) of this country. Your committees will
see, therefore, that the bill provides for the profitable future
of the members of the combination without limit as to time.
The result of this will be threefold:
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