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
It is not believable that Congress intended to provide by this
amendment that every member of a religious congregation joining
publicly in the singing of a copyrighted tune should be liable to
the penalties prescribed by this section; nor even that every
member of a church choir, having purchased the copies of the
copyrighted anthem, sold only for such purpose and useful only for
such use, should be subject to these penalties, if the publisher
omitted to grant expressly the permission to sing with the sale of
a printed copy.
But no other interpretation can possibly be derived from the
present section unless the word "perform" is taken as applying to
dramatic performance and as not including mere vocalization in
public.
The present bill is intended to leave no doubt upon this point,
and in that respect it is contrary to public policy, sound sense,
and every consideration of justice.
The holder of a musical copyright should not be vested, by virtue
of that copyright, with the right to sell his music, which is made
to be sung, and prohibit its singing; to sell his music, which is
made to be played, and prohibit its playing. Still more obnoxious
to justice is it that one who has been openly sold a copy of a
piece of music, and who has done with it that which constitutes
the only motive for buying it, namely, has sung it, or played it,
or procured some one else to sing it for his entertainment,
should, if he chances to do that in public, be penalized and put
in the position of one who has committed a misdemeanor or
transgressed another's rights. Reason and sense revolt at such a
statute or such an interpretation of a statute; and musical
composers demanding such rights place themselves in contempt of
civilized society.
Section 4966 should be amended by making clear that it relates
only to dramatic performance, while it includes such performance
of compositions which are musical as well as dramatic. And all
provisions of the present bill exceeding such protection should be
limited.
Public-domain text, read in full here on John Shaqi.
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