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 music writing or notation there are two and only two essentials:
relative vertical position, showing pitch, and relative horizontal
position, showing duration of notes. The earliest form of our present
music writing is the system of the 'large,' 'long,' 'breve' and
'semi-breve' notes, in which the pitch was shown by the vertical
relations of the notes, and the length of the note by the length of the
black mark, the 'large' mark being twice the length of the 'long' mark.
This corresponds closely to the perforated music roll of to-day, which
could be read by a practiced eye with and probably without staff lines,
to the extent that if every other form of reproduction were destroyed,
the melody and harmony of a musical work could be reproduced into the
ordinary notation of music writing. I speak from personal knowledge of
these music rolls, having had a mechanical instrument for some years.
The different kinds of rolls differ in the relative spacing and in
distance from the edge of the roll, which gives the standard, but a
foreshortened photograph of any, bringing them to the same scale, would
pattern closely the early form of music writing above cited. The London
postal telegraph system dispatches newspaper material from St. Martin's
le Grand throughout the kingdom from continuous perforated ribbons made
somewhat in the same way, visible and legible only to an expert, and
reproductions by the medium of this device would certainly not vitiate
copyright.
{Sidenote: The law prior to 1909}
"It may be observed that the existing law gives to the author or
proprietor of a musical composition the sole liberty not only of
printing, but of publishing, copying, vending, performing, or
representing a musical composition; that the statute does not restrict
'copying' either to a copy of 'staff notation' or from or in any
particular form, but prohibits in general any copy of a musical
composition; that there is no suggestion in the statute that the copy
must be one to be read, _e. g._, a copy of a sculpture; that any
sound-record is in the wide sense as truly a copy of a musical
composition as a printed sheet, which is not a copy, in fact, of the
author's manuscript writing; and that as the roll has for its sole
purpose the performing by the aid of a mechanism useless without it, of
a musical composition, just as a printed sheet of music has the sole
purpose of the performing by the aid of the voice, the piano, or the
orchestra, of a musical composition, the maker and vendor of the roll is
in exactly the same position as the maker or vendor of a printed sheet
of music.
{Sidenote: Manuscript and copies}
Public-domain text, read in full here on John Shaqi.
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