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
Our position is that this is in direct contravention of the
Constitution. If you will substitute in that clause the word used by
the Constitution, and say that the works for which copyright may be
secured under this act shall include all the "writings" of an author,
then we do not object to that section.
Now, if you will take certain other sections of this bill, with that
change made in section 4, and attempt to read them, particularly where
the word "reproduce" occurs, or the word "reproductions" occurs, you
will see the importance of it to us.
Take, for example, section 3, immediately above:
That the copyright provided by this act shall extend to and protect
all the copyrightable component parts of the work copyrighted, any
and all reproductions or copies thereof.
If you read that word "reproductions" with the word "works" in section
4 changed to "writings," reproduction means a very different thing.
If you will turn to section 18, on page 14, subclause b, you will find
this language:
Any arrangement or reproduction in some new form of a musical
composition.
Mr. CHANEY. What do you understand the word "works" to mean in section
4?
Mr. CAMERON. It may mean anything that is reduced to writing, or that
is not reduced to writing. It may be an oral speech that is absolutely
wafted upon the winds of the air and never gets into permanent form.
In proof of that we go to section 5, line 20: "Oral lectures, sermons,
addresses."
The talking-machine art stands in a somewhat different position from
that of the perforated music roll. You take a sheet of music and you
have Sousa's or any other band play that music into the horn of an
instrument, a patented apparatus. That machine engraves lines
corresponding to what? To the sound waves produced by the band or the
voice of the performer on the wax or other tablet.
Now, if you make that word "works" read "writings," as I understand,
as the Supreme Court has interpreted the word "writings," it means
this, in its broadest signification: That the idea of the author has
been recorded in some tangible form, in such a way that another,
through the eye, may have the idea of the author impressed upon his
brain. That may be a painting; it may be the work of an artist. I
think the Supreme Court has included a painting under that term
because of that very fact, that the idea of the artist was recorded in
some tangible form and, through the eye of the beholder, the idea of
the artist was conveyed to the brain of the beholder. That is what a
writing is, as I understand it, within the meaning of the
Constitution.
Mr. CHANEY. The effect of your argument is, then, to limit the word to
something that can be read by anybody?
Mr. CAMERON. Not necessarily by anybody.
Mr. CURRIER. But by somebody?
Mr. CAMERON. Yes. I can not read Sanskrit.
Mr. CHANEY. I mean to say, that can be read by persons understanding
the same language?
Public-domain text, read in full here on John Shaqi.
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