Mr. SERVEN. The law provides expressly the opposite in regard to the
public performance of the musical composition, and under that old
principle let the buyer look out! He is supposed to know what the law
is.
Mr. CHANEY. That being so, ought not a man who buys a musical
composition to have the right to do just as he pleases with it, the
same as a man who purchases a mowing machine? For instance, I sing some
myself. If I buy a piece of music ought I not to have a right to do
what I please with it?
Mr. SERVEN. Certainly, if your contract covers that.
Mr. CHANEY. But suppose it does not.
Mr. SERVEN. There must be an express or implied contract as to what he
is buying.
Mr. CHANEY. He buys the machine.
Mr. BONYNGE. I do not understand that he has not the same right if he
buys a piece of music he can do what he wants to with it; but the other
question is in regard to the public performance.
Mr. SERVEN. For profit; yes.
Mr. CHANEY. In the case of a musical composition, he buys it for the
purpose of public performance.
Mr. SERVEN. Not necessarily.