Copyright: Its History and Its LawBowker, R. R. (Richard Rogers)
History
Copyright: Its History and Its Law
Bowker, R. R. (Richard Rogers)
Copyright -- History; Copyright -- United States -- History
The notice of copyright must be printed (sec. 18) on each copy, as in
the case of a book in the form "Copyright" or the abbreviation "Copr.,"
"accompanied by the name of the copyright proprietor" and "the year in
which the copyright was secured by publication." In the case of a
published dramatic work the notice must be placed, as in the case of a
book, upon the title-page or the page immediately following, but in the
case of a published musical work the law provides that the notice "shall
be applied ... either upon its title-page or the first page of music,"
and this specification makes the copyright notice of doubtful validity
if applied in a musical work on the page following the title-page,
unless this is the first page of music.
{Sidenote: Dramatico-musical works protected from mechanical
reproduction}
The classification of dramatico-musical compositions under subsection
(d) as dramatic works and not under subsection (e) as musical
compositions, defines an opera and possibly an oratorio or cantata as a
dramatic rather than a musical composition. As the dramatic author is
given (sec. 1, d) the comprehensive rights over reproduction "in any
manner or by any method whatsoever" while the musical author is limited
(sec. 1, e) in respect to mechanical reproductions, it would seem to
follow that the author of an opera may retain absolute control over
mechanical reproduction, as the author of a non-musical drama retains
absolute control over phonographic or other reproduction of his drama.
This would seem to confine the requirements that the author of a musical
composition permitting mechanical reproduction should license any
manufacturer, to musical compositions which are not dramatic, _i. e._,
to instrumental compositions or to songs and other vocal music not
associated with drama. As an overture to an opera is an integral part of
the dramatico-musical composition, it would even seem that an overture
which is part of an opera, or possibly an orchestral introduction or
interlude in an oratorio or cantata, would not be subject to the
mandatory license provided as to musical compositions. But this question
has not yet come before the courts.
{Sidenote: Dramatic and musical works excepted from manufacturing
provisions}
Public-domain text, read in full here on John Shaqi.
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