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
Registration in the United States, as also in Canada and Newfoundland,
through the deposit of copies, is entirely the same for a dramatic or
musical composition as for a book. Registration in England of a dramatic
or musical composition under the act of 1842 (sec. 20) was to be made at
Stationers' Hall, as in the case of a book, by recording in statutory
form the title, the time and place of first publication, or for
performing right, of first public performance, and the name and abode of
author and of proprietor. But the same law (sec. 24) provided that
protection of performing right in a dramatic piece should not be
dependent upon entry in the registry and, by including in the definition
of a dramatic piece (sec. 2) a "musical entertainment," evidently
included musical compositions in this exemption, and thus made
registration optional. This view was upheld in 1848 in Russell _v._
Smith, when the song "The ship on fire" was protected as a "dramatic
piece," though it had not been registered. The new British measure omits
all requirements for registration of any works. Registration of any
copyright, performing right or assignment is required in Australia as a
prerequisite for legal action.
{Sidenote: Assignment}
Assignment or grant of a dramatic or musical composition, as of a book,
may be made (sec. 42) by an instrument in writing, acknowledged, if in a
foreign country, (sec. 43) before a consular or diplomatic officer, and
must be recorded (sec. 44) in the Copyright Office within three months,
or if made in a foreign country, six months, in default of which it is
void as against any subsequent purchaser. Assignment in Great Britain
must be in writing, and previous to the new code with entry at
Stationers' Hall, in the case of performing right as well as of
copyright. It should be noted that playright does not pass with
copyright _ipso facto_, though the new code as adopted by the House of
Commons has no specific provision on this point. But it is most
desirable that in any transfer of copyright or playright the exact
nature of the right transferred should be defined in the writing. A
partial assignment, or license, of performing right as well as of
copyright may be made, and will be protected by the courts. The right to
grant a specific license, and to enforce its limitations, was upheld in
1892 in Duck _v._ Mayen, in an English court by Justice Day, who held
that where the defendant had obtained license at the price of one guinea
to play "Our boys" for charity at a music hall, but performed it
elsewhere, though for the same charity, the usual royalty of five
guineas must be paid. Assignment in Canada and Newfoundland must be in
writing in duplicate copies, of which one must be deposited in the
office of copyright.
{Sidenote: Parody}
Public-domain text, read in full here on John Shaqi.
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