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
Thirteenth. That it is vicious, in that if it is permitted to be
enacted into law it will deal a deathblow to great American industries
which have been extended until now they embrace all countries, and in
which millions of dollars have been invested in the knowledge that the
right to manufacture was perfectly lawful and that the right to
continue such manufacture, unhampered by such ruinous conditions as
would be imposed by this bill, could never be brought into question or
become the subject of serious dispute.
Fourteenth. That if this bill becomes a law it will seriously affect
the rights of thousands upon thousands of American citizens who have
purchased these machines and who have the right to expect to continue
to use them and to obtain the supplies for them at reasonable prices
instead of paying tribute to a grasping monopoly.
Fifteenth. And finally, that whatever arguments may be advanced by the
association of musical publishers (and their allied interests, whose
representatives framed the bill, and who, if it becomes a law, will
get 99 per cent of the benefits to be derived therefrom), regarding
other methods of mechanically producing sound on the theory that the
same constitutes a method or system of notation and under certain
conditions may be read by persons skilled in the art, under no
circumstances can such arguments be truthfully advanced to cover or
apply to talking machine sound records.
No man living has ever been able to take a talking-machine record and
by examining it microscopically or otherwise state what said record
contains. In this sense it stands preeminently in a class by itself,
being unlike perforated rolls, cylinders containing pins, metal
sheets, and other devices used in mechanical production of sound, and
is not to be likened in any manner to the raised characters used in
methods of printing for the blind, where by the sense of touch the
meaning is intended to be conveyed. The sense of touch is a mere
incident due to the disability of the blind, but it is perfectly
feasible and easy to read the characters with the eye, and they are
very properly the subject of copyright. I repeat, that to attempt to
decipher a phonograph disk is in the very nature of the proceeding
"reaching for the impossible." How utterly preposterous and ridiculous
it would be to pass this act in its present shape, which would make a
telegraphonic sound record, which is something that can not even be
seen--the record itself being caused by the magnetization and
demagnetization of an electric current of an ordinary piece of wire or
a cylinder or disk of steel--a violation of the copyright laws.
Public-domain text, read in full here on John Shaqi.
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