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. — John Shaqi
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
Mr. PETTIT. I think section 4 is broad enough to include it. You will
understand that section 4 is understood to include a photograph. It is
understood to include everything which is the subject-matter of
copyright.
Mr. CHANEY. I was just about to ask this: Understanding that this
talking machine is a new arrangement, and was invented later than the
date of the original copyright law, by that very fact it might be
necessary to mention it in section 4.
Mr. PETTIT. Well, I assumed that the word "author," as used by the
Librarian of Congress in presenting the bill, was sufficiently broad to
include anything which was originated of that character: and, as
interpreted by the courts, for instance in the Sarony case (111 U. S.
Repts., 59), it has been decided that the word "writing" was broad
enough to include a photograph, and that therefore it would not be
necessary to amend section 4, provided section 18 had specifically in
it the words "talking-machine record," showing that it was meant to be
included. Of course I should not object to including it. I should not
object at all to having section 4 amended for that purpose, but I doubt
whether it would be necessary under the circumstances.
Mr. CHANEY. You would be satisfied without its amendment?
Mr. PETTIT. I think so, provided the talking-machine record was
inserted in sections 5 and 18.
There should be no question but that the particular characteristic
utterances of a singer, or recitationist, or of an actor, or of an
orator, or the particular instrumentation of a pianist, or leader of an
orchestra, etc., independent of the composition itself, whether it is
copyrighted or not, should be equally entitled to protection, as a
photograph or reproduction of a work of art.
The present-day thoughts and ideas may be recorded and reproduced
through this new form of writing--that is, by recording the uttered
sound upon a properly prepared surface in a sound groove, by which the
varied undulations of the voice are formed in the groove by
corresponding undulations, lateral or vertical. Here we have a true
writing of the voice, recording uttered sound, recording not only
words, thoughts, and ideas, but also recording the special particular
expression and characteristic method of speech employed by the person
uttering the sound. In other words, we have the exact voice, with all
its individuality recorded, to be reproduced through the medium of the
reproducing device employing a stylus operating in the groove.
Certainly a sound record is within the contemplation of the
Constitution and should be unquestionably included in this proposed new
act relative to copyrights.
Public-domain text, read in full here on John Shaqi.
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