The Washington herald., 1907-02-07
COMPOSERS AND COPYRIGHT.
Right OF Property should BE Firmly
Established.

Right OF Property should BE Firmly
Established.
From the Century Magazine for February.
The circumstances Of the copyright act
Of March 3, 1891, in the hurry and con-
fusion Of the closing days Of the session.
after a campaign Of twelve weeks. during
which an originally consistent bsll was
often amended. made It certain that, aft
er the lapse of a few years, 1t would be
necessary TO prepare a new and more
comprehensive statute Not only has
the operation of what might be called a
piece Of pioneer legislation demonstrated
the need Of readjustment in certain par
ticulars, but unexpected scientific inven-
tions have made it necessary that unless
the United States IS to return to the
shame Of tolerating the appropriation of
intellectual property from which it was
then rescued. a measure Of security shall
be given to composers Of music equal to
that vouchsafed 10 writer's and artists
The bill. as introduced, is the result Of
the most laboTious comparison of views
by so-caIled parties IN interest and in
the main is regarded as a workable. pro-
gressive and liberal measure, which will
advance the interests Of the public by
giving TO creative effort completer safe
guard than the present law.
The chief ethical consideration I'm the
bill attaches TO the security which IS pro-
vided for the work Of a musical com
poser. This is not q new principle. but
rather a logical and unacceptable applica-
ton Of the principle Of the present law,
which gave music what IN 1891 was con
sidered-and, indeed, then was-cOmplete
protection. At that time there was no
such thing as mechanical reproduction Of
music, or equity and analogy would have
demanded. as they now do. that the COM
poser should have the exclusive" con-
troll authorized by the Constitution.
Therefore ia spite Of the fact that the act
Of 1891 abolished the unpaid use OF liter
airy or artistic work. and for that matter,
Of music (by the methods Of publication
then known, there has since grown up "A
custom Of using, under new conditions
the work Of musical composers without
recOmpense, and often without mutilation
Of the text. This custom probably began
without consideration, and without desire
or intent TO work "a hardship But. with
the expansion of this new and interesting
business, in its various forms. the Gus
tom has taken the proportions Of an un-
enduring grievance and injustice.
A compromise has been suggested on
the part Of the new vendors OF music,
which, from the point Of view OF those
familiar with copyright values and copy
right ethics, is not SO much a compro-
mise as, in essence, an attack upon the
very principle Of property-namely.
proviso that "a composer must be com
PEELED by law TO sell his rights 10 all
who may appear and pay the same price.
This Is as though copyrights should be
denied 10 Mr.. Clemens unless ne should
agree to sell 10 every other publisher the
rights which he has disposed OF 10 Messrs.
Harper * Brothers This would be the
principle Of governmental p8ternalism
reduced 10 an absurdity. The right To
choose your agent to sell is OF the es-
sence e ownership, and 10 make the gov
eminent virtually an indorser OF the con-
tract of any irresponsible. and possibly
dishonest dealer. By compelling the COM
poser 10 sell 10 Tom. Dick. and Harry,
would be a most unfortunate perversion
Of the copyright statute Indeed 1t is
probable that such "A perversion of jus
by the Supreme Court as an impairment
OF exclusive" rights.
Il is the manifest interest OF those who
deal with the products of any art-and
not least the ART Of mus.c-that the right
Of property IN this product should be es-
tablished beyond peradvenJure. The act
as presented will give TO those who deal
in music, by means OF the new inventions,
instead of their present uncertain musical
holdings, "a valuable and negotiable Sc
curity based on the elemental right Of
property. The experience of all other
trades covered by the present copyright
act proves the advantage Of this security
from the point of view of stability Of
trade and commercial fair-dealing.
Attempts 20 Kill the bill. and contin-
ne the present system. unless the above
referred 10 prOvisO shall be adopted,
would arouse the moral sentiment Of the
community, as it was aroused when Low
ell made his famous appeal for a book
honestly come by" We can hardly be-
lieve that any class Of business men. in
this particular epoch, would wish 10 take
such an unfortunate and reactionary
course