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
It has never been intended by the copyright law to use the word
"performance," excepting of such works as are only useful when
represented or "performed" in a dramatic sense. The word
"dramatic" has not always seemed sufficiently broad, and the words
"musical composition" have often been added to include operas,
oratorios, and musical works that are not purely dramatic, and yet
are partially so. It is submitted that it has never been the
intention of the law to make the mere singing of a song from
copyrighted notes that have been paid for, or the playing of
music, infringements of copyright, and it is believed that this
section will carry out the full intent of the law if the word
"dramatic" be coupled with the word "musical," as above indicated.
In view of the use of the word "performance" in other parts of
this bill for the purpose of including the use of automatic
mechanical devices, it should be made clear that the word
"performance," in line 5, has nothing beyond its ordinary
significance. I suggest that this can best be attained by striking
out the word "performance," in line 5, and inserting the word
"representation."
Section 15 should be amended by striking out the words "if, by
reason" and the rest of line 11 and lines 12 and 13.
It is plain that these words in the bill leave an open door for
free publication which brings a work within the public domain, and
subsequent monopoly of the work upon a mere allegation of error.
The Librarian has not the facilities or legal machinery to try
such question of error, and it should be left to the courts to
determine whether there has been an error or omission, and whether
by reason thereof any condition precedent for a valid copyright
has been left unperformed.
Page 12, line 13, the words "bulk of the" should be stricken out.
These words are uncertain and would allow the proprietor to omit
the notice from 49 per cent of the edition. This would clearly
amount to insufficient notice to the public and could be made the
instrument of fraud. Line 14 and the remainder of the section are
entirely sufficient for the purpose without the words "bulk of
the."
Section 17, line 22, the words "be extended to" should be
canceled, and at the end of line 24 the words "such term beginning
with the date of filing the request for the reservation of the
copyright," should be inserted.
There appears to be no reason for granting more than the specific
term, which the law will provide, in the case which section 17 is
intended to cover.
Section 18 relates to the term of copyright.
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