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
But in view of the fact that the law of copyright is a creature of
statute and is not declaratory of the common law and that it
confers distinctive and limited rights, which did not exist at the
common law, we are constrained to hold that it must be strictly
construed and that we are not at liberty to extend its provisions,
either by resort to equitable considerations or to a strained
interpretation of the terms of the statute.
We are therefore of the opinion that a perforated paper roll, such
as is manufactured by defendant, is not a copy of complainant's
staff notation, for the following reasons:
It is not a copy in fact; it is not designed to be read or actually
used in reading music as the original staff notation is; and the
claim that it may be read, which is practically disproved by the
great preponderance of evidence, even if true, would establish
merely a theory or possibility of use, as distinguished from an
actual use. The argument that because the roll is a notation or
record of the music, it is, therefore, a copy, would apply to the
disk of the phonograph or the barrel of the organ, which, it must
be admitted, are not copies of the sheet music. The perforation in
the rolls are not a varied form of symbols substituted for the
symbols used by the author. They are mere adjuncts of a valve
mechanism in a machine. In fact, the machine, or musical playing
device, is the thing which appropriates the author's property and
publishes it by producing the musical sounds, thus conveying the
author's composition to the public.
The decree is affirmed, with costs.
Mr. OLIN. The second extension or modification of the present rights of
the copyright proprietor as against the public are those instances
mentioned yesterday by the chairman of the House committee in regard to
the exceptions to the prohibition of importation. As the law stands
to-day the importation into this country of a book which is copyrighted
here is prohibited, and there are certain exceptions, in the first
case, of certain libraries and colleges who may import not exceeding
two copies in one invoice, and individuals who may import not exceeding
two copies in one invoice. This bill makes a modification of the
present rule.
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