New-York tribune., 1908-02-25
RULING ON COPYRIGHT.
Perforated Music Rolls Not an In
fringement of La1C.

Washington. Feb 2.-In an opinion hy JUSTICE
Day the Supreme Court of the United States to-day
decided the case of the White-Snith Music Pub
fishing Company of Massachusetts agt the Apoiio
Company a New Jersey corporation, involving the
question whether copyrighted music is protected
against reproduction perforated paper for use IN
pianolas and similar instruments, in favor OF the
ApoIlo Company. The case originated in the United
States Circuit Court fer the Southern District OF
New York The view of the Circuit Court OF APP
peaIs was accepted by the Supreme Court, which,
as announced by Justice Day, was that as the per-
forated sheets can only be made serviceable in
connection with the machines in which they are
used and cannot be read the reproduction OF music
in this manner is violation of the copyright
law
In his opinion Justice Day said:
Musical compositions have been the subject Of
Copyright protection since the of February
@ a and s w R%fs Wien Deee ven T8 to Se
ton of the act it evident that Congress has
required to be filed with the Librarian Of Con
gress and wherever the WORDS al GSeo IN scGPS ~ or "
binary sense of Indicating reproduction or duplica7
copies of book. map. chart or musical compost
Iion. etc, shall be delivered at the office OF the
What is meant by a copy2 , -, +ho .x
perts called in the case. The one which most com com
mends itself to our udgneat Is & pT[h9ps M I nnscal
composition to be written or printed record OF II II
hroa9 m sense q mechanical Instrument which repro
duces tune copies It, but this IS stralne9 ana ana
Steal sounds reproduced to the ear 1t Is the ne
orig4al Tb HIle m nIsiraI tones are not copy which
appeals to the eye In no sense | can ~ hnarinr
be said to be copies that term IS generaif un, N
derstood. and as we believe ,,de~ was consderation
musical composition Is an lntetiectuaI rosert he
may play II LOT tH ~ ~ baing copied until 1t has
Il Is no mo- i f6rrn which Others can and read
Tba statute has not provided for the protectlon OL
the intellectual GGncGPGfa 9PeIorous such conception
NAV be but has provided for the Inakng a +Ic nj
SIicafon Of which it is the purpose Of the statute
TO PaoeeJs JTsrforated rolls are parts Of machine
which when duly applied and properly QpeT+teu III
ADAPTED produce musical tones in harnonioas com
binaton. But we cannot think & that tney & are
| ,,itLin he meaning of the copyright act
II may be true that the use of these perIor@lIeo @
oiie IN the absence of statutory protection, ehds
tG +t ctlrers thereof to enjoy the use OF
musical composition for which they pay no 49,,
But consderati9s pr9per a. adFess ir tueial
branch OF the government AS AS the ot o include these
records as copies publications OF the copSIIs''e
| music involved in these cases
Justice Holmes delivered different but not
| dissenting opinion. in which he said;
A musical composition is rational coHocatoni, 3I
| sonnd apart from concepts reduced TO tals'oIe @
expression from which the colocatlon can can De-, De tV
produced either with or without continuous llC.
intervention. on principle anything ulaL iIeC. nv
icaHy reproduces that coliocaton OF s4u0n @ rJ Cr9
TO held copy, or II the statute Is 700 canr Ia 60
| ought to be made so by further act' eXCepr So So
|
| onnose What license may be implied from a SAFE
Of the copyrighted article is different ana narae!
question hut leave il untouched, as license Is hol
| TeIed upon as a ground for the Judgment OF the
| court.
/ Albert H. Walker, counsel for the ConnoriNeo
| Music Company which interviewed in the argument
| of the perforated roI, case before the supreme
| Court was eated yesterday at the decision OF the
court He said II Tlade impossible the nonop-
| DIV of the manufacture Of perforated rolls ano
practically of mechanical piano players when Aae
| been devised by one company
| This is the most important copyright decision
| ever handed down in any county, SAID MI
| Walker 1T sweeping in its scope, extending 70
| ptonographic records and records for all sorts OF
| talking machines as well as 10 the rolls used IN
| certain music boxes and in all Tnechanlcal piano
| plavers There injustice 70 the composer IN
the matter becaus@ the increased use OF mecha+l-
icol PLAYERS and talking machines has actually IN
! creased the sales of sheet music TO tremendous
! extent Congress can now take up the various
| bills amending the copyright law, action on which
| tas been awaiting this decision.