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
Then, furthermore, with regard to the right respecting perforated
rolls, in respect of which I am speaking particularly, I think the
right should be entirely distinct and separate from the fundamental
copyright, the copyright of the "work," using the term that has been
used; that the right to the perforated roll or whatever other form of
mechanical reproduction is claimed should be based upon the filing of
a copy of that perforated roll; that the filing of the copy of the
original work should carry the copyright in the common sense of the
word, but if the author desires to claim copyright in a perforated
roll on his work, for that purpose, if you please to put it so, he
should take it for that purpose, and make his claim of copyright upon
that roll. If he wishes it in any other form of reproduction, such as
the disk of the talking machine, he should file that; and I think that
right should be entirely separate from the right which might pass by
an assignment of the copyright. The publisher who may acquire the
copyright on the work from the author should not, without express
conveyance (although the same person might acquire both) acquire the
right to control the perforated roll or the phonograph record or the
talking-machine disk; they should be entirely separate.
The bill does provide that these shall be regarded as separate
estates; but in view of the decisions in which a similar phrase is
used, it is clear to me that that means that when the copyright has
been obtained by the one proceeding provided for here, all these
elements of it are separate estates which might be passed by separate
assignments, but they would all be contained in the one copyright. I
think that is wrong. I think that the right for the perforated roll
should be acquired by filing a copy of that roll, in order that the
public may know just exactly what is claimed, and whether it is
claimed or not, and whether it is to be utilized.
Furthermore, I think that is a right that is naturally distinct from
the other. It is a right that goes into manufacture instead of into
publication. It is not to be done by the same people, naturally. The
manufacturer, having a factory, makes the perforated roll. The
publisher makes the books in an entirely different way. The two things
are like different lines of trade. They are not naturally blended,
either in use or sale. And therefore the composer or author, whichever
it be, a work of words or of music, should be entitled to handle it
entirely himself, apart from any right that he may have passed to the
publisher by the transfer of his copyright.
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