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
_To the honorable Joint Committee of the Senate and House of
Representatives._
GENTLEMEN: Referring to the proposed bill, "To amend and
consolidate the acts respecting copyrights," now before the
committee, I would propose the following amendments:
Amend section 3 (p. 3, line 8) by adding continuously at the end of
said section the following:
"_And provided_, That no devices, contrivances, or appliances, or
dies, or matrices for making the same, such as referred to in
clause (_g_), section 1, made prior to the date this act shall go
into effect, shall be subject to any subsisting copyright."
Amend section 5 (page 4, lines 2 to 3) by adding between lines 2
and 3, before the word "Photographs," the following: "(_j_)
Talking-machine records."
Amend section 18, clause (_b_), (page 14, line 14) by adding
between the word "composition" and the word "any" the words "any
talking-machine record."
Amend section 23 by striking out from the clause marked "First"
(page 17, lines 18 to 20) the following: "or any device especially
adapted to reproduce to the ear any copyrighted work."
Amend section 23 by inserting in the clause marked "Fourth" (page
18, line 4), between the words "of" and "all," the following: "any
device, contrivance, or appliance mentioned in section 1, clause
(_g_) and."
These amendments to section 23 are for the purpose of making the
penalty relative to unlawful use of devices, etc., enumerated in
section 1, Clause Z, one dollar instead of ten, which latter amount
is excessive. It puts the device for reproducing sound on basis of
books, etc., instead of in the class of paintings, statuary, or
sculpture.
A brief memorandum of argument will be submitted later.
Senator SMOOT. I would like to ask Mr. Sousa a question. I was very
much interested in your statement, Mr. Sousa, pertaining to talking
machines taking the place of the human voice, and I will ask you this
question: If you were protected in your productions and received a
royalty from the talking machines, would that lessen the use of the
talking machines any and strengthen the use of the voice and the brass
band and the home choir, and so on?
Mr. SOUSA. I do not think so, but I think it will reduce two wrongs to
one.
Senator SMOOT. Then, it is simply a question of your receiving the
royalty that you think you are entitled to?
Mr. SOUSA. Yes, sir.
Senator SMOOT. I think there are other causes besides the general use
of the talking machine that account for the fact that there is less
singing than there used to be. I think we do not live quite as close to
nature as we used to, and that that is what used to make us sing.
Public-domain text, read in full here on John Shaqi.
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