JOHN PHILIP SOUSA.

STATEMENT OF MR. A. R. SERVEN, ATTORNEY FOR THE MUSIC PUBLISHERS'

ASSOCIATION--Continued.

Mr. SERVEN. Mr. Chairman and gentlemen of the committee, during the

last hundred years and more the inventors of the country have been

liberally dealt with by the lawmakers, and the result is to-day no

country in the world stands higher in everything in the line of

mechanical and industrial development than the United States does, and

I think you gentlemen who have this matter of patents in charge may

justly take pride in yourselves that your committee in the past has

done such magnificent work for the wealth, the prosperity, and the

reputation, and the ability of the United States at home and abroad. It

is conceded, I think, to-day all over the world that the American

inventor is the most industrious, the most ingenious, and is the most

valuable part of the real wealth of the United States, and that is so

because from the very start the laws have been most liberal to protect

the American inventor for every bit of the right of property which he

could possibly have in anything that is the creation of his brain and

his genius.

Now, unfortunately, as I remarked yesterday, the record is not just

that way in regard to the musical inventors--if I may use that term--of

the United States, and that, and that alone, is the reason why we have

to-day almost no names of composers that have a world-wide reputation.

Perhaps the sender of the telegram we have just heard read is as well

known in other countries as any composer we have; possibly his music

has been heard by more people than the music of any other composer of

the United States; and yet the musical critics all over the world say

America has no national music because she has no national composers. It

is true that there is not in existence to-day, perhaps, a single

ambitious musical drama that can claim popularity and reputation that

may be expected to be handed down as one of the musical classics that

had as its composer a citizen of the United States. I am informed by

these musical gentlemen that probably the greatest composer we ever had

was compelled, in order to surround himself with the necessities which

he required to prosecute his musical work, to leave the United States

and take up his residence in Europe, where he continued to live, I

believe, to his death. I think that Mr. Furness, who is much better

informed than I--and possibly in the opinion of the Musical Publishers'

Association, anyway, he is the one man of all those in the United

States who knows most about these things--would like to tell you

something about this composer this morning, because it is a unique part

of the national history, and not by any means a creditable one.

Mr. WEBB. Who was it?

Mr. FURNESS. McDowell.

Mr. SERVEN. The reason that the composer has not gone hand in hand with

the literary man and with the inventor, who produce their works from

the brain, is because thus far our country has not been so ready to

concede to them the right of absolute use and control of their works.

The inventor has the right to say just who shall produce his invention,

just what it shall be sold for, if he wants to limit it as to that, and

just who shall buy it, even, if he wants to go as far as that.

Mr. DRESSER. I doubt that.

The CHAIRMAN. An idea has just occurred to me. I understood you to say

yesterday that this movement to enforce the law arose from the fact

that men like Mr. Tams had gone into the renting or lending of musical

works as a business.

Mr. FURNESS. I would like to treat of that later.

The CHAIRMAN. And that that was the feature which you wished to reach.

Suppose this committee should amend this law so as to provide that the

renting or lending of these books should be confined to the societies,

as we indicated yesterday, that give charitable performances without

profit, so that they could only borrow from other similar societies.

Mr. FURNESS. Mr. Chairman, if you will allow me, I would like to speak

of that a little later.

The CHAIRMAN. That would entirely wipe out the evil which you suggested

to the committee yesterday.

Mr. FURNESS. I doubt whether there is any great number of those people

in the United States. You take choirs and churches. Of course churches

are not in commercial line of business; they have no means of earning

money except by general subscription by members or sale of the seats,

and there are a very few cases where the Sunday school wishes to give

an entertainment for charity. Those compositions are very inexpensive.

Mr. Tams yesterday tried to make you believe that some of them cost $2

apiece. That is not true. The short cantatas and little operettas run

from $4 a hundred to 35 cents apiece, and in very few cases higher than

40 cents. In regard to the renting, we have made provision for that in

the new copyright draft that is being framed, the publisher or author

or owner of the copyright, whoever he is, should have the right to make

such loan, but that it should not be done through what we term the

scalper.

The CHAIRMAN. Do you think the publishers would greatly object if the

lending of these books was confined to a religious or school society,

and the loan was made to a similar society for charitable performances?

Mr. FURNESS. We have in Massachusetts, in Worcester, a musical society

that gives an entertainment each spring, called the May Festival.

Mr. SERVEN. Do they charge an admission?

Mr. FURNESS. They charge an admission, and they get the best talent

they can procure. They have a few hundred books, and many times they

loan them out to other societies for similar entertainments, to

societies that are not so poor but what they could afford to buy them.

That is one of the great evils that is interfering with the business of

the music publishers.

Mr. GILL. Do the singers and musicians give their services free?

Mr. FURNESS. No; they do not. They are well paid. They have Caruso and

Sembrich and others of that class.

Mr. SERVEN. There may be a single song or instrumental piece which, of

course, can be produced on three or four pages and sold separately; but

anything other than something like that in the line of a musical

composition is simply valuable to the producer of it because of the

fact that it is going to be performed, and it is written especially for

that purpose, just as the dramatic compositions are written solely for

the purpose of performance, and not for the purpose of their literary

merit or as a matter of reading. And for that reason the performance of

the extended musical composition is exactly the same as the performance

of the dramatic composition.

And, to follow the comparison with the patent, in the same way that the

manufacture of the patent is to the right that is granted under the

patent so is this performance to the right that is granted under the

copyright, and the proceeds of the production are directly proportional

to the performance of the production. There is, to be sure, a limited

amount of private sales to persons who, for instance, find some one

little theme in a composition and like to have it in their homes and

occasionally sing it in their homes and possibly somewhere else, but I

should think it would be safe to say that not less than 90 per cent of

all the sales of oratorios or operettas or cantatas--I am speaking both

of religious and secular musical works--are either directly or

indirectly solely for the purpose of public performance and connected

with public performance.

The CHAIRMAN. But one of these societies that bought the books for the

purpose of giving a performance would only loan it to some society near

by.

Mr. SERVEN. Unless, as they sometimes do, they would send from

Worcester to California for something. It is easy to do those things,

and they do it, or have done it.

The CHAIRMAN. There might be persons in a society in California that

had friends belonging to a similar society in Massachusetts, and in

such cases there might be some correspondence and exchange, but that

would rarely happen, I should say.

Mr. SERVEN. They are in correspondence all over the country--the

different societies. For instance, there is a Cincinnati society that

has an annual festival there, and it carries on a correspondence with

similar societies throughout the country.

Mr. WEBB. Your idea is that nobody but a person who buys a piece of

copyright music should have a right to perform it publicly?

Mr. SERVEN. That is what is doing to-day. The person that buys it has

the right of public performance.

Mr. CHANEY. Carrying out the analogy with patents, what would you say

about the right of a man who buys a patent to dispose of it in any way

he pleases?

Mr. SERVEN. He buys the patent right.

Mr. CHANEY. He buys a machine, for instance.

Mr. SERVEN. The object that is patented under the patent?

Mr. CHANEY. Yes; take a reaper or a mower or a trashing machine.

Mr. SERVEN. In a case of that kind it seems to me that the owner of the

patent, if he likes, can do just as he pleases, and as a matter of fact

in very many instances they sell the right to manufacture for certain

districts----

Mr. CHANEY. Exclusive of manufacturing, I mean.

Mr. SERVEN. I will follow it from the manufacturer. I remember in my

own county--my native county--that a certain variety of fence that was

patented, in which case rights were sold in every township, not only to

manufacture, but also to sell to other residents of that town the use

of that particular kind of fence, whether it was manufactured by the

fellow who bought the use, or whether it was manufactured by the fellow

who had a license for that town, and nobody else who did not get that

from the original patent-right owner, or the licensee under him, could

build that fence, and I remember that there were several farmers who

liked the fence but who didn't like to pay the price, and they

attempted to build it, and they were hauled up in the courts, and my

remembrance is that it cost them $1,500 or $1,800 altogether to settle

for a little strip of fence that was not worth more than $50.

Mr. DRESSER. I don't believe a court would ordinarily give such a

judgment as that in such a case.

Mr. CHANEY. Suppose you limit it as to a machine, without any statement

as to his rights further than there is a machine for his use. Now, has

he not the right that he can dispose of that machine to anybody he

chooses?

Mr. SERVEN. Undoubtedly, because the law provides expressly that thing

now.

Arguments before the Committee on Patents of the House of Representatives, on H. R. 11943, to Amend Title 60, Chapter 3, of the Revised Statutes of the United States Relating to Copyrights May 2, 1906. · 第 2 / 16 题