The laws of the United States have recognized two distinct property
rights in a musical composition that has been copyrighted.
1. The copyright proprietor has the exclusive right to reproduce copies
of the original work. This he may assign in toto or with any
limitations he may choose to impose on such assignment.
2. The copyright proprietor has the exclusive right of public
performance of the copyrighted work. This right also may be assigned in
part or in toto.
The United States has adopted these provisions from the English
copyright laws, as have most of the other Christian nations. Under
English statutes--
"The right to present and perform a dramatic piece or musical
composition is a right distinct from the copyright in a book containing
or consisting of such dramatic piece or musical composition, and no
assignment of the copyright of any such book conveys any right of
representation or performance unless so specified; and by the
twenty-second section of 5 and 6 Vict., chap. 45, an entry of every
such assignment should be made in the registry book." (Copyright Office
Bulletin No. 5.)
This is in accordance with the modern idea of copyright protection and
seems to be fully justified. For why should the exclusive right of
performance be denied to the creator of the work if he is to enjoy any
exclusive rights because of his contribution to the knowledge and
usefulness of mankind? Under the common law this right certainly
belongs to him, and he can be deprived of it only by voluntary or
involuntary assignment.