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. SOUSA. An organization known as "Sousa and his band," employed
just as any other body of musicians, in which I have no part myself,
plays into the instrument. That goes under arrangements made with the
management of that organization to play anybody's compositions that
these firms may elect; it may be a noncopyrighted piece or a
copyrighted piece, or anything else.
Mr. CAMERON. I am very glad Mr. Sousa stated that. He says that he
does not play his own music only, but his band stands ready to play
any other man's music, copyrighted or not copyrighted, into these
machines.
Mr. SOUSA. Not myself; no.
Senator LATIMER. I want to ask a question of Mr. Sousa, so as to clear
the matter up a little further. The statement is that you have a band
that plays into these instruments, and you, I understand, have denied
that?
Mr. SOUSA. No, sir; I do not deny that "Sousa and his band," an
organization known as "Sousa and his band," play for talking machines.
Senator LATIMER. Do I understand you to say that you have no
connection with that band?
Mr. SOUSA. I am the director of that band, but I have no personal part
in the performance of those pieces. I have never been in the
gramophone company's office in my life.
Mr. MCGAVIN. Do you play for anyone else besides the Victor Talking
Machine Company?
Mr. SOUSA. My manager has a contract with them for so many
performances.
Senator LATIMER. You have an interest in the band and receive profit
from it?
Mr. SOUSA. Yes; surely.
Mr. WEBB. You allow your name to be used all over the country?
Mr. SOUSA. In the performance of these pieces, certainly.
Mr. CAMERON. That was my charge.
Mr. HERBERT. In regard to the untruth the gentleman has stated----
The CHAIRMAN. Do you want to deny any statement that he has made?
Mr. HERBERT. Yes. In regard to this, naturally it would be inferred
that it was the same case with me. In fact, he mentioned us two
together. A band played into these instruments, calling itself "Victor
Herbert's band," and I sued the talking machine company. That is what
I got out of the company.
Mr. CAMERON. The gentleman misunderstood me. I have made no statement
in regard to him, and I have no information in regard to him one way
or the other.
Mr. CURRIER. He made no charge against you, Mr. Herbert.
Mr. HERBERT. Since our names have been linked all the time, I thought
he intended what he said to apply to me also.
Mr. PETTIT. I would like to say to Mr. Cameron in regard to his
statement about the Victor Company and Mr. Sousa, that whenever we
have used Mr. Sousa's music, or rather whenever we used his band on
Victor records, we always paid him for it--that is, we pay Mr. Sousa
for playing.
Senator LATIMER. I want to bring out one point in connection with
that. In making these records, if I understand, now, Mr. Sousa has a
band that represents him, playing these pieces, and you pay for that
music when you get it, or do you not?
Mr. CAMERON. Whoever employed Mr. Sousa pays for it.
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