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
_And provided_, That no devices, contrivances, or appliances,
or dies, or matrices for making the same, made prior to the date
this act shall go into effect shall be subject to any subsisting
copyright.
This, I believe, is the intention of the framers of the bill, although
it is somewhat doubtfully expressed. So much in that regard.
Further, gentlemen, if the talking machine companies are to pay the
author and composer, as they will under this act if passed, a royalty
on the copyrighted compositions, the talking machine companies should
also be protected. We might pay Mr. Herbert or Mr. Sousa or Mr. Caruso,
or any of the opera singers, a thousand dollars for making a record. It
is perfectly possible, within the known arts, for that record, after we
have made it, to be reproduced by a mere copperplating process by
somebody else and copied, so that we would pay the thousand dollars or
so and have no protection against the party manufacturing a duplicate
of it. Therefore, not only for that reason, but for the other reasons
which I shall briefly mention, the talking machine manufacturers should
be entitled to register the particular records which they prepare, and
that, therefore, should be included in the act.
The bill evidently is intended to cover talking-machine records,
although it is somewhat doubtfully expressed.
Section 4 is the section upon which everything more or less hangs, and
that is [reading]:
That the works for which copyright may be secured under this act
shall include all the works of an author.
That is all that it says in that regard. The purport, however, is to
cover substantially everything that was covered by the former copyright
act. In section 18 the different things copyrighted are specified, in
which section the duration of the terms are provided. Section 18
states, for instance:
For twenty-eight years after the date of first publication in the
case of any print or label relating to articles of manufacture.
Then comes a proviso, and then:
(b) For fifty years after the date of first publication in the case
of any composite or collective work; any work copyrighted by a
corporate body or by the employer of the author or authors; any
abridgment, compilation, dramatization, or translation; any
posthumous work; any arrangement or reproduction in some new form
of a musical composition; any photograph; any reproduction of a
work of art.
I would suggest that you include in there, on line 14 of page 14, after
the word "composition," the words "any talking-machine record;" so that
there would be no room for doubt but what talking-machine records are
intended to be included.
For this purpose I would also amend section 5 (p. 4, lines 2 and 3) by
adding between lines 2 and 3, before the word "Phonographs," the
following: "(j) Talking-machine records."
Public-domain text, read in full here on John Shaqi.
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