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
The ACTING CHAIRMAN. What was their object in getting a decision of
the court which would force them to pay large sums to the musical
publishers?
Mr. BURKAN. They are the largest manufacturers of these rolls in the
world. They have manufactured thousands and thousands of these rolls
representing the best copyrighted compositions. Suppose a large number
of publishers or a number of public-spirited men had gotten together a
fund, and suppose a case to test the applicability of the present
copyright laws to perforated rolls had been carried to the highest
court and won--then the Æolian Company would have been obliged to
account for all its profits on these perforated rolls to the
publisher, and would have been obliged to pay Mr. Herbert, Mr. Sousa,
Mr. Chadwick, Mr. Damrosch, and other composers thousands of dollars
in back royalties; whereas under this agreement the Æolian Company
protected itself, because the publisher who signed it consented to the
use of his composition for the perforated rolls, and he would have
been estopped under such agreement from suing for an accounting of
profits.
The ACTING CHAIRMAN. Yes; but the Æolian Company originated this
litigation.
Mr. BURKAN. Yes--very true, sir; very true. The Æolian Company (and I
do not appear in this matter as its champion at all) had spent
thousands of dollars to improve and protect its patents to these
perforated rolls. It employs the most skillful and talented arrangers
to arrange and edit these compositions embodied in the roll, so that
when you purchase an Æolian record or roll and pay your $2.50, or
whatever the price may be, you get a roll when used in connection with
the playing instrument which gives an exact reproduction of the music
as written by the composer, say, by Mr. Nevins, Mr. Chadwick, or Mr.
Foote. There were a small number of companies that also sold
perforated rolls, but instead of the rolls producing exact
reproductions of the music they gave distorted and feeble imitations
or versions of that music. They did not give to the public what the
public was bargaining for, and instead of creating a taste and demand
for this form of reproduction of music, the tendency was to destroy
the taste and lessen the demand; and the result was not only to
destroy this great industry, of which the Æolian Company was the
pioneer and in which it was vitally interested, but also to injure the
composer whose work was thus reproduced.
There is an artistic side to this question, sir. If you made a speech
in Congress, Mr. Chairman, and I should get someone else to repeat
your speech into a machine, and your speech lasted fifteen minutes,
but in order to crowd it into a cylinder that is adapted to reproduce
a speech of two minutes' duration, I should cut, distort, and
disfigure it, and then it was reproduced to the public all over the
land and sold as Mr. Currier's speech, you naturally would be
offended. That is the artistic side of this case.
Public-domain text, read in full here on John Shaqi.
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