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
Mr. CAMERON. Yes; something that is capable of conveying to the
reader, if you may call him such, the idea of the author.
Mr. CHANEY. And in that respect it would cut out the music-roll
proposition altogether?
Mr. CAMERON. As my predecessor has told you, there is a dispute in
regard to that, and I am not qualified to state. As far as I have been
able to analyze the evidence, the preponderance is against the idea
that the music roll can be read. But I do know this: There is a
graphophone record of the disk form [exhibiting record to the
committee]. There is a graphophone record of the cylinder form
[exhibiting record]. I defy anyone--I defy Mr. Sousa to read that and
tell whether it is one of his marches or whether it is a speech of a
Member of Congress. [Laughter.]
Mr. CHANEY. They are often very much alike. [Laughter.]
Mr. CAMERON. They are both musical. [Laughter.]
Mr. MCGAVIN. They are alike in volume of sound. [Laughter.]
Mr. CAMERON. I am not making this statement theoretically nor as a
lawyer. I make it as an expert in this particular art. I have spent
months and months of time with the microscope myself striving to do
that very thing, and I know it can not be done.
Now, let us go one step further. What is it that makes that
graphophonic record valuable? I can take Mr. Sousa's score and I can
select some person, some alleged musician in this audience, and I can
hand him a graphophone and tell him to make that record, and it would
not be worth one cent upon the market. It takes the genius of a Sousa
to play into the horn. It takes the voice of the magnificent singer to
sing into the horn; and it takes the skill of the mechanician who is
operating the graphophone to make a fine record that has a marketable
value.
You ask me if I would use Sousa's march, make that record and sell it,
and not pay him any royalty. I answer, "Yes; I would;" because I have
paid him royalty. Whenever Mr. Sousa publishes one of his pieces of
music and puts it out upon the market and I pay the price of that
music, that sheet of music passes from under the monopoly, just as
when I patent a cornet and sell the cornet to Mr. Sousa, and he pays
the price for it, it passes out from under the patent monopoly, and he
has a right to use it. Suppose I should come here and say to you that
every time one of Mr. Sousa's cornet players played the cornet that I
had sold to him that he should pay me royalty for having played it!
That is what he is asking of you. That is not all.
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