The whole question presented by the proposed amendment to section 4966
of the Revised Statutes seems to be one rather for the court than for
Congress to determine. Either the copyright proprietor has or he has
not the exclusive right of public performance. If he has it the next
question is, Has he assigned any part of it by the sale of a book or
any number of books containing his copyrighted musical conception,
unless somewhere he has "so nominated in the bond?" The English law
requires that the right of performance must be expressly specified in
the contract. This is clearly in exact harmony with the principle of
"caveat emptor," under which all other purchases are made in our
country and in England.
The proprietor of the musical library, if he desires, may purchase the
right of general public performance when be buys his books. If he
simply buys the books without specifying that general right, he is
getting all his contract calls for and all he has paid for. Our laws do
not require that there shall be a notice of express reservation of this
right in order to reserve control of it to the copyright proprietor,
but some of our publishers have put such notices in their publications,
and this association of publishers has recommended that a requirement
of such notice be made a part of our copyright law.