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
In England the protection of musical properties under the acts of
1833-42 and 1882-88, had become so difficult that English music
publishers threatened to cease printing new original works because of
the freedom with which they could be pirated. Under the provisions of
1833, as reenacted in 1842, every infringing performance of a musical
composition, as of a dramatic piece, involved liability to "an amount
not less than forty shillings or the full amount of the benefit or
advantage arising from such representation, or the injury or loss
sustained by the plaintiff therefrom, whichever may be the greater
damage," in addition to costs. The "copyright (musical compositions)
act" of 1882 (45 & 46 Victoria, c. 40) had required that the right of
public performance should be reserved by printed notice on each
published copy and provided for a penalty of twenty pounds where the
proprietor of the publishing copyright neglected, after requirement
from the owner of the performing right, to print such notice. The
"copyright (musical compositions) act" of 1888 (51 & 52 Victoria, c. 17)
provided that the penalty or damages for every unauthorized performance
of any musical composition shall, in the discretion of the court, be
"reasonable" and may be less than forty shillings for each such
performance, or nominal, and that the proprietor, tenant or occupier
should not be liable unless "willfully" causing or permitting such
unauthorized performance, "knowing it to be unauthorized,"--but the act
specifically excepted "any opera or stage play" from its provisions. The
protest of the musical composers and publishers led to the passage of
the "musical (summary proceedings copyright) act" of 1902, which
authorized a constable to seize without warrant pirated copies hawked or
otherwise offered for sale, on the written request and at the risk of
the copyright owner or by direction of the court, and provided for their
forfeiture and destruction or delivery to the owner on the decision of
the court. A Musical Copyright Committee, for the consideration of these
vexed questions, was appointed by the Home Office and made a report in
1904; and a further "musical copyright act" of 1906 continued the
provisions stated and provided also for the seizure of plates as well as
copies of pirated musical compositions and for the summary punishment of
the offender by fine not exceeding five pounds and, for a repeated
offense, by fine not exceeding ten pounds or imprisonment not exceeding
two months, possession being proof of fraudulent intent unless the
copies bore the name of a printer or publisher. Both these acts were
applicable only within the United Kingdom. These provisions, in addition
to those for injunction and adequate costs, have bettered the condition
of musical properties in England, and they remain unrepealed, except as
to requirement of registration, under the new British code as adopted by
the House of Commons.
{Sidenote: Playright in other countries}
Public-domain text, read in full here on John Shaqi.
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