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
I believe that it will not be at all difficult to arrive at the
just value of such royalties, and in almost every instance they
would be settled by contract between the owner of the copyright
and the maker of the mechanical appliance for producing the music.
In the case of a composition of any value the composer will
dispose of it for an agreed-upon royalty to some music publisher
in the usual way. He will then dispose of his right to the
composition for reproduction by mechanical means to some
manufacturer of such mechanical means for a royalty agreed upon.
If any other such manufacturer, not in contractual relations with
the owner of the copyright thereafter makes use of the
composition, the amount of the royalty for which the owner of the
copyright has contracted will aid in determining what royalty is
fair and reasonable and is to be paid by such other manufacturer.
I suppose that in some cases litigation may be necessary to arrive
at the amount of the royalty, but not more than is inevitable in
human affairs. It is not to be supposed that a manufacturer will
resist the payment of the royalty for a musical composition which
he has utilized and pay to the complainant the cost of litigation
rather than make a fair settlement upon terms which are well
settled, or will soon become well settled under this act, in the
trade.
A provision like that above suggested is analogous to, and appears
to be quite similar in its effect to, the compulsory-license
provision of some of the foreign statutes. For instance, in the
law of the Dominion of Canada, lately enacted, in 1903, we have
the following:
"7. (_a_) Any person, at any time while a patent continues in
force, may apply to the commissioner, by petition, for a license
to make, construct, use, and sell the patented invention, and the
commissioner shall, subject to general rules to be made for
carrying out this section, hear the person applying and the owner
of the patent, and if he is satisfied that the reasonable
requirements of the public in reference to the invention have not
been satisfied by reason of the neglect or refusal of the patentee
or his legal representatives to make, construct, use, or sell the
invention, or to grant licenses to others on reasonable terms to
make, construct, use, or sell the same, may make an order under
his hand and seal of the patent office requiring the owner of the
patent to grant a license to the person applying therefor, in such
form and upon such terms as to the duration of the license, the
amount of the royalties, security for payment, and otherwise, as
the commissioner, having regard to the nature of the invention and
the circumstances of the case, deems just."
Public-domain text, read in full here on John Shaqi.
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