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
(_a_) There will easily arise wide and honest difference of
opinion as to whether two given perforated rolls are
infringements, one of the other, and even whether a given
perforated roll is an infringement of a particular musical
composition (if the bill should be retained in such form as to
make the original copyright apply to perforated rolls). It is well
known that controversies are constantly arising upon the question
of infringement as between two staff notations, the second author
often claiming and frequently establishing, contrary to the belief
of the first, that his composition was an independent one, both
having derived their theme from sources in the public domain.
A perforated roll presenting a composition only so similar to a
public and copyrighted composition as to raise a question of
infringement if it were a staff notation, instead of a perforated
roll, will raise the same question as a perforated roll. The
copyright owner will reap an advantage, it may be, of 10 per cent,
upon the selling price of the sheet music, let us say 15 to 25
cents for every copy sold. He will reap a profit of $10 as a
minimum upon every copy which he can find in the possession of the
alleged infringer, his agents, or employees. Is there any doubt
which remedy he will elect? Is there any doubt that he will await
his opportunity for finding a large stock in the hands of the
alleged infringer? Is there any doubt that a statute so framed
would offer almost irresistible inducement to blackmail, which
might be perpetrated under such circumstances?
The extravagant injustice of the provisions for impounding the
"goods alleged to infringe" upon the commencement of a suit and
for delivering up for destruction all copies, as well as all
plates, molds, matrices, and other means for making infringing
copies, have been well discussed by Mr. Walker. It is not deemed
conceivable that your committee will seriously entertain such
obviously oppressive legislation. On what possible pretense of
equity or justice may a complainant, who thinks that his copyright
has been infringed, upon that mere allegation lock up his
competitor's stock of goods, while he on his part monopolizes the
market during the pendency of a long litigation to determine the
justice of that which may have been only a colorable charge at the
start?
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