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 most countries playright in the case of dramatic or musical works is
specifically covered in the copyright statutes or protected in
connection with copyright, although in Austria, Russia, Denmark and
Norway, in the case of music, special notice of reservation is required,
while in Australia special reservation of the performing right must be
made on publication in print of drama or music.
{Sidenote: International provisions}
In general, performance is differentiated from publication, and while in
some countries, as above indicated, publication in printed form,
especially of a musical work, may waive the exclusive right of
performance, performance is generally held not to constitute
publication. This view is expressly set forth in the interpretation made
at Paris, 1896, of the Berne convention of 1886, whereby section 2 of
the interpretative declaration defines "published works" as "works
actually issued to the public." "Consequently, the representation of a
dramatic or dramatico-musical work, the performance of a musical work
... do not constitute publication." The Berlin convention of 1908
repeats the same language in article 4, prefacing it with the definition
that "by published works ('_oeuvres publiees_') must be understood,
according to the present convention, works which have been issued
('_oeuvres editees_')"--the English text here given being the official
translation of the U. S. Copyright Office.
{Sidenote: Foreign protection of arrangements}
In most foreign countries which include musical compositions under
subjects of copyright either as covered under "literary and artistic
works" or by specific mention, the general principles as to arrangements
and adaptations hold in such countries. Several countries, as Belgium,
specify however "the exclusive right of making arrangements on motives
of the original composition," Brazil, Luxemburg, Mexico, Nicaragua and
Tunis following this precedent in nearly identical language. Germany
specifically protects the "sole right of making extracts from musical
works and arranging for orchestra or in parts." Spain specifies among
its prohibitions "the total or partial publication of melodies, with or
without accompaniment, transposed or arranged for other instruments or
with different words." Hungary specifies that "every arrangement of a
musical work, published without the consent of the author, which cannot
be considered as a composition in itself," is an infringement. Where,
however, the author of a work permits or licenses an adaptation or
arrangement, or an original adaptation or arrangement is made from a
work in the public domain, that is properly a separate subject of
copyright, as is specified in the statutes of Colombia, to the effect
that "variations, etc., on a theme or air which is public property,
constitutes property. Transpositions are similar to translations of
literary subjects."
{Sidenote: International definitions}
Public-domain text, read in full here on John Shaqi.
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