house tops and proclaim the fact. The only reason you know of this contract, sir, is because it is a matter of record in the case of the Apollo Company in the second circuit of New York. Mr. CHANEY. Do you mean to say that this contract is an improper one to make? Mr. CROMELIN. Not at all; I did not say that, sir. Mr. CHANEY. Then what concern is it to us, who are engaged in framing this bill, about that contract? Mr. CROMELIN. The chairman asked the gentleman whether the Eolian Company was interested in this Mr. BURKAN. Absolutely not. Mr. CROMELIN. And the manager of the company told me that they were. The ACTING CHAIRMAN. It might occur to some members of this committee that if one concern was to get an absolute monopoly of making perforated rolls or musical disks, it did concern this committee. Mr. BURKAN. Can I say a word, sir, on that point? There are hundreds of publishers, sir-hundreds of publishers who are under no contract with the Eolian Company; there are hundreds of composers who are under no contract with this company. You are legislating for the future, and it seems unfair that hundreds of publishers and composers, not parties to this agreement, should be punished because a number of publishers, 10 or 20, have made an unlawful agreement. That is the question that you must consider in connection with this "monopoly " charge. Mr. WEBB. Now, you are a lawyer? Mr. BURKAN. Yes, sir. Mr. WEBB. May I ask you your opinion as to whether or not the word "writings," referred to in article 8 of the Constitution covers these rolls? Mr. BURKAN. Yes, sir; yes, sir. If you will just allow me three minutes The ACTING CHAIRMAN. No; answer the question. I can not allow you three minutes, because we shall have to go over to the House. The hearings will be closed right here, as soon as you answer that question. Mr. BURKAN. In the circuit court of appeals, White-Smith Company. Apollo Company case, the court said in a decision involving the question as to whether a perforated roll is an infringement of the copyrighted work which it is adapted to reproduce, and it is important in connection with the claim that Congress has no power to enact this legislation—— The question raised in these cases are of vast importance and involve farreaching results. They have been exhaustively discussed in the clear and forcible briefs and arguments of counsel. We are of the opinion that the rights sought to be protected by these suits belong to the same class as those covered by the specific provisions of the copyright statutes, and that the reasons which led to the passage of said statutes apply with great force to the protection of rights of copyright against such an appropriation of the fruits of an author's conception as results from the acts of defendant. This language of the court is in itself, without further argument on the definition of the word "writings," sufficient warrant and authority for the Congress to enact this legislation. (The hearings were thereupon announced closed.) INDEX. Academy of Design. (See National Academy of Design.) Eolian Company: Statement of G. H. Davis Contract with C. F. Summy Company. Letters to Chicago Music Company Contract with Chicago Music Company Suit against Apollo Company. Statement of A. H. Walker regarding contracts Statement of N. Burkan Affidavit as to place of manufacture Penalty for false. American Bar Association, invited to conference on copyright.. American (Authors') Copyright League: Invited to conference on copyright Statement of R. R. Bowker Page 97 112 121, 130 127 157 166 202 8, 74, 138, 182-183 5 4 20 American Directory Publishers. (See Association of American Directory Pub- American Dramatists Club, invited to conference on copyright See also Columbia Phonograph Company. American Institute of Architects, invited to conference on copyright.... American Newspaper Publishers' Association, invited to conference on copy- 4 76, 139 34 58,62 4 54 33 33 Ames, Charles W., objections to copyright bill 182 Apollo Company: White-Smith Publishing Company .. 35, 94, 114, 131, 151, 167, 188, 195, 197, 206 Eolian Company 157 Appropriations for Copyright Office 83 Architectural League of America, invited to conference on copyright. Arrangements of musical compositions. (See Mechanical devices.) Association of American Directory Publishers, invited to conference on copy- Association of Publishers, on the manufacturing clause in copyright bill Invited to conference on copyright. Statement of Paul Fuller.. Association of Theatre Managers of Greater New York, invited to conference on copyright..... Assumed name. (See Pseudonymous work.) Authors' Copyright League. (See American (Authors') Copyright League.) Page. Auto-Electric Piano Company.. 198-199 Automatic piano players. (See Perforated music roll.) Automusic Perforating Company 167, 177 Bar Association of New York. (See Association of the Bar of the City of New Importation of foreign edition..... Works of art. Talking machine reproductions.. 42-43 66-72 28, 32, 33 47, 48 Bonynge, Robert W., House of Representatives Committee on Patents: Extension of existing copyrights Bookbinders' Union. (See International Brotherhood of Bookbinders.) Boosey v. Whight Bostwick, Arthur E Bowker, Richard Rogers: Statement of Mechanical instruments Briesen, Fritz von, amendment proposed by. Briesen & Knauth, amendment proposed by Burkan, Nathan, statement of.. Burton, Charles S., statement of.. Cameron, S. T., on talking machines Campbell, William W., House of Representatives Committee on Patents: Central Lithographic Trades Council, invited to conference on copyright. Century Company, statement of F. H. Scott, president of Certificates of copyright registration. See also Fees for registration. Chaney, John C., House of Representatives Committee on Patents: Talking-machine reproductions, etc.. Extension of existing copyrights Notice of copyright.. Importation. Definition of "publication' Lithographic process Jurisdiction of courts. Limitation of actions Chicago Music Company: Letter of Eolian Company to Contract with Eolian Company. Chromo, term omitted in copyright bill.. Clapp, Moses E., Senate Committee on Patents. Clark, Melville, Piano Company. (See Burton, Charles S.) Columbia Phonograph Company, statements of P. H. Cromelin. Conditions precedent to bringing suit.. Conditions precedent to securing copyright.. Conferences on copyright Consolidated Lithograph Company. (See Wilcox, Ansley.) Constitutional provision regarding copyright: Statement of H. Putnam.. Statement of G. H. Davis. Statement of J. J. O'Connell Statement of A. H. Walker 138 5 54 14, 82 28, 105-107, 118 48, 54 70 87-90 125 126 121 127 8, 11 3, 147 77, 155 10, 122, 175 10, 135 3, 151, 185 11 101 119 163, 170 Lithograph Company v. Sarony 157 165 111, 166, 202 28, 119, 165 157 202 72 Massenet and Puccini v. Ullman & Company and Pathé Frères Stern v. Rosey Werckmeister cases Copyright conferences. Copyright deposits: In Library of Congress. Disposal of.. Copyright Office: Receipts, expenditures, etc... Nature of replies from Copyright suits. (See Suits for infringement.) Costs in copyright suits.. Courts, jurisdiction of, in copyright cases Cromelin, Paul H., on talking machines. Currier, Frank D., House of Representatives Committee on Patents: Importation clauses Mechanical reproductions of musical compositions.. Renewal and extension of copyright. Notice of copyright.. Publication of work of art. Royalty for mechanically performed music. Copyright conferences Duration of copyright "Cut," term omitted in copyright bill.. Cutter, William P., opposes importation clauses.. Damages for infringement of copyright See also Penalties. Notice of copyright.. Foreign author of unpublished. Unlawful representation of... Penalties for unlawful representation, sec. 4966 R. S. Dramatization, right of, ten years' reservation.. Drawing, publication of Dresser, Solomon R., House Committee on Patents. Duration of copyright: Provisions of copyright bill........ A CL-06-15 126, 138, 180 18-19, 36, 39, 40, 62, 91 25, 26, 95 47, 54, 56 51-52, 67 66 104, 114 145 176 8,11 19, 58, 62 9, 123, 137, 177 96, 121, 152 89 70 8, 10, 122 10 10 14 138 10 9, 124, 177 20 110 149 149 9, 13 13, 139, 172, 184, 200 9, 149 69 147 8, 12 For registration- Provisions of copyright bill.. Statement of H. Putnam.. Statement of D. C. Remich Letter of F. von Briesen Letter of Playwrights League Club Recommendation of Briesen & Knauth Receipts at Copyright Office Feist, Leo, letters of.. Fine arts, works of the: Assignment of.. Notice of copyright on.. Reproductions of. Fine Arts Federation: Represented by F. D. Millet Represented by S. H. Olin.. Foreign author: Of dramatic composition.... Simultaneous American publication by Formalities. (See How to secure copyright.) Foster, Murphy J., Senate Committee on Patents. France, infringement of musical composition by mechanical devices Free transmission of copyright matter Fuller, Paul, statement of.. Furniss, George W., letter on behalf of Music Publishers' Association.. Hill, Frank P., statement at conference on copyright Importation clauses Extension of existing copyright How to secure copyright: Provisions of copyright bill 122, 175 44, 45, 135, 183 41, 64 47, 48 148 8, 12 135 167 175 Hinshaw, Edmund H., House of Representatives Committee on Patents: Hopkins, Edwin, president Playwrights League Club, letter of Amendments suggested by H. N. Low Hughes, Charles E., counsel for Eolian Company. "Illustrations" to be substituted for "lithographs" |