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
First of all, the bill does extend the privilege of copyright to
preventing the reproduction of musical sound or spoken words by
machinery. That was spoken of before the committee yesterday. All that
I can say about it is that this body whom I represent, although some of
them have special interests in it (and they wish to be heard on it
hereafter), in general look upon the matter as the circuit court of the
United States in the second circuit looked upon it in their last
decision on the subject, as being a matter germane to the copyright
law, relating to the same kind of rights that Congress has hitherto
protected, and that they see no reason why such rights should not
hereafter be properly protected; and they respectfully refer the
committee, so far as their suggestion goes, to the special information
and advice of those on both sides of the question who have the greatest
interest in it and the greatest capacity to inform the committee in
regard to it.
The CHAIRMAN. Can you give the citation of the decision that you have
mentioned?
Mr. OLIN. I can hand it to you. A printed copy of the decision was
handed to me yesterday. It has not yet been reported.
Mr. CHANEY. That was the decision that was distributed yesterday?
Mr. OLIN. Yes; that is the one.
The CHAIRMAN. Unless there is objection on the part of the committee,
we will have this decision put in the record.
(The decision referred to is as follows:)
UNITED STATES CIRCUIT COURT OF APPEALS, SECOND CIRCUIT.
White-Smith Music Publishing Company, appellant, against Apollo
Company, respondent.
Judges Lacombe, Coxe, and Townsend.
These causes come here upon appeal from a decree of the United
States circuit court for the southern district of New York
dismissing bill alleging infringement of copyright. The facts are
stated in the opinion of the court below. (139 Fed. 427.)
Per curiam: The questions raised in these cases are of vast
importance and involve far-reaching results. They have been
exhaustively discussed in the clear and forcible briefs and
arguments of counsel. We are of the opinion that the rights sought
to be protected by these suits belong to the same class as those
covered by the specific provisions of the copyright statutes, and
that the reasons which led to the passage of said statutes apply
with great force to the protection of rights of copyright against
such an appropriation of the fruits of an author's conception as
results from the acts of defendant.
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