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. WALKER. Certainly. They have had chances to controvert them
heretofore. This is not the first time that I am making these
statements in public. I have made them in court over and over again,
and they have passed entirely unchallenged, because they are perfectly
true.
The Æolian Company made certain contracts with a large number of
members, and I think with every one of the members of the Musical
Publishers' Association----
Mr. BURKAN. I beg to deny that----
Mr. CURRIER. Later on you can be heard, if you wish.
Mr. WALKER. A gentleman showed me one of the contracts to-day, and I
have it in my pocket.
Mr. BURKAN. It was the one offered in evidence.
Mr. WALKER. I can not be interrupted. I am telling what I know to be
true.
The CHAIRMAN. You shall not be interrupted, Mr. Walker.
Mr. WALKER. Thank you. The Æolian Company made contracts with nearly
all or all of the members of the Musical Publishers' Association. Each
of those contracts provided as follows: That the particular member of
the Music Publishers' Association granted to the Æolian Company the
exclusive right to make perforated sheets of paper to play the tunes
represented by all of the music published by that particular
publisher; and that contract also provided that the Æolian Company
should never pay any money for that exclusive right until the Æolian
Company succeeded in getting some court to decide that the copyright
laws covered the perforated paper roll. That contract also provided
that the Æolian Company should pay all the expenses of some test suit
made for the purpose of testing that question.
In pursuance of that contract, the Æolian Company caused the
White-Smith Music Publishing Company to bring a suit against the
Apollo Company, in the southern district of New York, upon a couple of
little negro melodies, one of which was entitled "Little Cotton Dolly"
and the other of which was entitled "The Kentucky Babe Schottische." I
fancy that the copyright on both those negro melodies was not worth as
much as a dollar and a half, and that certainly $3 would cover the
value of both of them; but they answered the purpose of a test case.
The Æolian Company poured out money like water in that litigation, and
endeavored to secure from the United States courts a reversal of the
decision of Judge Colt, which had been made many years before. In the
course of that litigation I was retained by the Automusic Perforating
Company, which was not a party to this litigation, but which had an
interest a hundred times greater than that of the nominal defendant.
In pursuance of that retainer I presented a petition to Judge Hazel,
before whom the case was heard, and in that petition I asked that my
client be made a defendant. And I set forth in that petition the whole
Æolian scheme in full, with all the clearness of statement of which I
was capable, and it was sworn to by my client.
Public-domain text, read in full here on John Shaqi.
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