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
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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 am informed that a substitute bill will be submitted to your
committees in the nature of specific amendments to the existing
law to cure any evils which may exist therein and, among other
things, to give reasonable compensation to authors or composers
for the use of their works by the manufacturers of automatic
mechanical reproducing devices. I believe that it will be
preferable to thus amend existing law, leaving the great bulk of
the law in those words and terms and provisions which there is no
necessity of changing and which have become well understood by
years of judicial interpretation.
I will however proceed to discuss the pending bill and point out
the specific amendments which appear to be necessary in the
interest of the public, both as to clearness and certainty of
expression and as to the relative just claims of the author and of
the public.
Section 1, paragraph (f), should be amended by striking out the
words "or for purpose" and the remainder of line 10 and to the end
of line 13, and by inserting the words "or to make any variation,
adaptation, or arrangement thereof."
It will be seen that to retain this paragraph in the present form
would be equivalent to retaining paragraph (g), because it was the
intent in framing paragraph (f) to have the word "performance"
cover the operation of an automatic mechanical device; and the
words "arrangement or setting" were intended to include the
production of a perforated music sheet.
Paragraph (g) should be eliminated for the reasons already given.
Paragraph (h) should be amended by inserting at the end thereof
the words "amounting to a copy thereof."
It is obvious that this paragraph is altogether too broad and
uncertain. The paragraph should only protect against infringements
which are copies, and it must be left to judicial determination in
the future as it has been in the past to say whether or not any
particular abridgment, adaptation, or arrangement is a copy within
the meaning of the law.
Section 2 appears to be substantially similar to section 36, and
one of the two sections should be eliminated or they should be
consolidated.
Section 3 should be amended by striking out "the copyrightable"
and the rest of line 4, and to the end of line 8, and substituting
"matters copyrighted after this act goes into effect."
So amended the section does not appear to be necessary in the
bill, but on the other hand in its present form it will be seen at
once that it is retroactive and very injurious, making in effect
certain matters infringements of the copyright granted under
existing law which are not infringements now and are within the
public domain.
Public-domain text, read in full here on John Shaqi.
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