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 author of a dramatic, dramatico-musical, or musical composition
should therefore be careful to make application in the United States
under class (d) or (e) and not as a book under class (b). The fact that
the law classifies under subsection (d) dramatic or dramatico-musical
compositions and under subsection (e) musical compositions, has caused
the Copyright Office to prepare separate application forms and
certificates for (D1) a dramatic composition, (D3) a dramatico-musical
composition and (E1) a musical composition, "published"; as also for
(D2) a dramatic composition (or a dramatico-musical composition) and
(E2) a musical composition, "not reproduced for sale." It would seem
advisable therefore that the author of an opera, oratorio or the like,
to obtain the fullest protection under the law, should enter such work
in class (d) as a dramatico-musical composition rather than in class (e)
as a musical composition, and thus safeguard himself against the
mechanical music proviso applied exclusively to class (e).
{Sidenote: Right of dramatization}
In regard to dramatization, the new American code is specific (sec. 1,
b) in giving to the author of an original work the exclusive right "to
dramatize it if it be a non-dramatic work" or "to convert it into a
novel or other non-dramatic work if it be a drama." The relations of a
maker of a dramatic version of a literary work or of a literary version
of a dramatic work, would follow the same rule as in the case of a
translator. An author has the exclusive right to dramatize or permit the
dramatization of his work, and the dramatization may be copyrighted in
the name of the original author or of the dramatizer, but the dramatizer
cannot prevent another dramatization of the same work unless by transfer
of exclusive right from the original author.
{Sidenote: Dramatization term}
The specific copyright on a published dramatization dates from the
publication of the dramatization, which may extend the protection of the
dramatization beyond the copyright term of the original work. But on the
expiration of the copyright in the original work rival dramatizations
can no longer be prevented. All this holds true as to the novelization
of a drama.
{Sidenote: Musical arrangements}
In respect to music, the language of the law (sec. 1, e) is thoroughly
comprehensive in covering the arrangement or setting of a musical
composition or of a melody in any notation or in any form whatever. This
gives to the musical author entire control over the use of any part of
his work, as for instance the transcription from an orchestral work for
piano use, the instrumentation of a vocal work or the use for a song of
any melody in an orchestral work. On the other hand, variations,
transcriptions and so forth of a copyrighted work, made under
authorization from the copyright proprietor, may be separately
copyrighted as to that extent original works.
{Sidenote: Copyright Office definitions}
Public-domain text, read in full here on John Shaqi.
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