PROPERTY RIGHTS OF COMPOSERS.

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.

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 9 / 16 题