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
That strikes one at once with a little semblance of justice; but the
injustice of that proposition consists in this: That for every piece
of music which has been cut by a manufacturer, that has been lawfully
cut under the present decisions, where he has a perfect right to do
it, he has been obliged to expend from $10 to $25. He has that much
investment lying under this music that is out in the market. Now, if
it is not reasonable that all this outstanding music, lawfully made
and lawfully sold, should become outlawed by a new act, is it
reasonable that all this provision for making that investment, which
amounts to millions of dollars, in the preparation for cutting this
music, should become outlawed immediately, so that no more
compensation can come to this manufacturer who has this $25 or this
$10 invested in each piece, and say to him: "You can not use that
music; you can not cut any more of that music?" Is it reasonable that
that investment should be killed--that that investment, lawfully made,
in a lawful product, should become immediately unlawful and waste
paper?
Mr. WEBB. What section has that effect?
Mr. BURTON. I do not say the bill would certainly have that effect. It
is entirely uncertain, but it seems to me the bill would have the
effect, as I read it, of permitting the composer to claim the rights
except as to outstanding music--that is, the right from this time on
to cut it. The bill should be clear. I have had only a very short time
to examine it, and a provision may possibly lurk somewhere under which
the continued production of perforated rolls now being produced would
be permitted, but I think not. I think it is possible, or might be
held possible, under the bill for the composer to claim the rights
from this time on to cut the music.
Mr. CURRIER. Oh, very clearly so; he can sell that right.
Mr. BURTON. If that is the case, it seems to me unjust.
Mr. CAMPBELL. Where the copyright has run out?
Mr. CURRIER. No; for copyrights taken out after the passage of this
bill.
Mr. BURTON. I am talking about the music that is now on the market,
not the rolls, but the means of cutting them--whether the composer
can, under this bill, acquire the right to stop the cutting from now
on of that music.
Mr. CURRIER. I do not think you need to take any time with that
proposition.
Mr. BURTON. If that is clear, I will pass it. It seems to me the bill
gives it; but if you make it entirely clear that it does not----
Mr. CURRIER. It is not the purpose of the committee, I judge, to allow
that. Your time has expired.
Mr. BURTON. Then I will ask leave to file a complete brief suggesting
changes.
Mr. CURRIER. And I might say to you what has been said to others
here--that neither the Senate nor the House committee will take any
action on this bill at this session. It will go over until next
winter, and at any time before action is taken you can file any
further brief or any further suggestions with the committee.
Public-domain text, read in full here on John Shaqi.
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