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
Dramatic and musical works were specifically included under the
protection of the International Copyright Convention of Berne, 1886, by
the definition in article IV of "literary and artistic works" as
including "dramatic or dramatico-musical works; musical compositions
with or without words." In the Berlin convention, 1908, the same general
term was defined in article 2 as including "dramatic or
dramatico-musical works; choregraphic works and pantomimes, the stage
directions ('_mise en scene_') of which are fixed in writing or
otherwise; musical compositions with or without words." "Adaptations,
arrangements of music, etc., are specially included," in the phraseology
of article X of the convention of 1886, "amongst the illicit
reproductions to which the present convention applies, when they are
only the reproduction of a particular work, in the same form, or in
another form, with non-essential alterations, or abridgments, so made as
not to confer the character of a new original work"; and practically the
same language is repeated in article 12 of the convention of 1908. On
the other hand, "adaptations, arrangements of music," etc., are
protected as original works without prejudice to the rights of the
author of the original work, in article 2 of the convention of 1908.
The German law of 1901 permits, however, extract from or other use of
musical compositions in adaptations or arrangement under specified
circumstances, as for family, social or other gratuitous performance,
under the limitations of the law, which exception seems to be permitted
also under the law of 1910.
{Sidenote: National formalities}
Throughout the countries of the International Copyright Union, first
publication in any of these countries and compliance with its
formalities entitle the author to playright as well as copyright in all
the other countries within the Union, with some exceptions to be noted.
Thus in Switzerland the conditions of performance must be given at the
head of the printed play; and the law stipulates that the author may not
require as royalty more than two per cent of the gross profits, and a
performance at which the admission fee is reckoned to cover only cost of
production or a performance for charitable purposes, is not considered
an infringement of playright. In Italy a play performed, but not printed
and published, must be submitted in manuscript for inspection within
three months of first performance, together with a declaration reserving
the playright; a printed book or play should be deposited with
accompanying notice of reservation within three months, or the
proprietor cannot obtain damages until such deposit, and failure to
deposit within ten years abandons copyright protection. Italian
proprietors of music sometimes refrain from printing and publishing
music, with the intent of maintaining copyright and playright
indefinitely.
{Sidenote: Specific reservations or conditions}
Public-domain text, read in full here on John Shaqi.
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