COPYRIGHT BILL.

COMMITTEE ON PATENTS,

UNITED STATES SENATE,

Washington, D. C., Friday, December 7, 1906—10.30 a. m. The committee met at the Senate Reading Room, Library of Congress, jointly with the House Committee on Patents.

Present: Senators Kittredge (chairman), Clapp, Smoot, Mallory, and Latimer; Representatives Currier, Hinshaw, Bonynge, Campbell, Barchfield, Chaney, McGavin, Legaré, Webb, and Gill.

Present also: Herbert Putnam, esq., Librarian of Congress; Thorvald Solberg, esq., Register of Copyrights, and many others.

The LIBRARIAN. Messrs. Chairmen, I suppose that you will desire that all the gentlemen present shall be registered as they were at the hearings in last June. Their names will be sought, but any whose names have not been taken down will please give them to the attendant whom they will find at the desk on leaving the room.

Messrs. Chairmen, since the last hearing certain documents have been printed which are at the disposal of any person interested in the bill. The printed record of the hearings, of course; also a comparison and analysis of the pending bill with a comparison of existing provisions of law. This is printed and has just been issued by the Copyright Office. Also a verbatim reprint of the copyright enactments of the United States from 1783 down to date; an attempt at a tabulated statement of the amendments to the bills proposed to date, and also a note of suggestions and criticisms which did not take the form of definite phraseology. This is brought down to December 4 by addenda and a supplementary addendum which contains a comparison of the provisions of a substitute draft bill which has just reached the Copyright Office with the provisions of the pending bill.

Mr. Chairman, you have indicated as perhaps most useful to the committee some attempt to group the discussion to-day and to-morrow so that the discussion of identical provisions would all come upon those provisions. We have applications for time which would aggregate thirteen or fourteen hours. It would be practically impossible now, we presume, to lay out a definite programme even for these two days. It has been suggested, however, by Mr. Cromelin, the president of the American Musical Copyright League, which is particularly interested in what are denominated paragraph G and its dependents, and appears in opposition to those provisions, that from its point of view it would be desirable to have as many as possible of the other provisions of the bill disposed of before particular discussion is had upon these provisions. Am I right, Mr. Cromelin? Mr. CROMELIN. Yes.

The LIBRARIAN. That with a view of more effective discussion on those provisions when it is to come. Mr. Cromelin understands that it is the intention of the committee to see that ample discussion is to be had, and to make all provision in its power to provide for it.

Therefore it has seemed, in accordance with that suggestion, if it is adopted, that the logical first item on the programme this morning would be a statement from Mr. Burton pointing out the essential respects in which his substitute bill intentionally differs from the pending bill-not arguing the proposals, but simply pointing out the provisions as matters of fact and intention—and he says that he can do that in twenty minutes.

Would it be your pleasure to hear Mr. Burton?

Mr. CURRIER. Mr. Chairman, I received a communication last night from Mr. Hedgeland, of Chicago, which led me to think he desired to be heard early in the day. I would suggest, therefore, that Mr. Hedgeland be given the first thirty minutes of the time and then that Mr. Burton be given such time as he desires.

The CHAIRMAN. Very well.

Mr. CURRIER. Is Mr. Hedgeland here?

Mr. HEDGELAND. Yes, sir.

The LIBRARIAN. The chairman suggests that you be given your. thirty minutes now, Mr. Hedgeland.

STATEMENT OF F. W. HEDGELAND, ESQ., OF CHICAGO.

The LIBRARIAN. Mr. Hedgeland, will you give your full name, please, and whom you are representing, unless you speak simply for yourself?

Mr. HEDGELAND. Frederick W. Hedgeland, Chicago, Ill.; representing myself, the musical interests, and the public.

The CHAIRMAN. What is your business, Mr. Hedgeland?

Mr. HEDGELAND. I am an inventor, sir.

The CHAIRMAN. Along what line?

Mr. HEDGELAND. Musical instruments and other lines. I have patented over forty or fifty devices which are used in automatical musical instruments.

The CHAIRMAN. You may proceed.

Mr. HEDGELAND. At the close of the last hearing in this room, on June 9, I became interested in seeing the documents, the records of the conferences, and went up to the Library with a request to the Librarian for permission to go through the records and see any documents that might lead up to the presentation of this bill, especially as to applying to the instruments in which I am interested. I had the files placed at my disposal, and, with help, went through the entire mass of correspondence. In going through the whole correspondence I failed to find a single, solitary letter from any one composer petitioning or asking for protection under a measure of this kind. On the other hand, from the date of the first proposed conference there was abundant evidence that musical associations, or the Music Publishers' Association, were going to ask for protection for mechanical musical instruments. It appears amongst the very first communications prior to the first conference, or at the first conference.

Farther along in the correspondence there are numbers of letters from individuals asking for information as to what was being done

at these conferences, and none of them obtained any satisfaction or any information from the Librarian unless they were members of some affiliated associations which had taken part in the conference. I have some original letters where application was made for information from parties who were vitally interested in the measure. They received the information that when the bill was presented they would have no difficulty whatsoever in securing a copy of it. Is that the way to treat all interests alike?

The CHAIRMAN. Mr. Hedgeland, you are now appearing before a joint committee of the Senate and House.

Mr. HEDGELAND. Yes, sir.

The CHAIRMAN. And you are having an opportunity to present whatever claims you have in reference to the proposed legislation. Mr. HEDGELAND. Yes, sir; I am trying to get at the merits of the bill.

The CHAIRMAN. And I would suggest that you confine your discussion to the merits of the bill with which the committee has to do. The LIBRARIAN. Mr. Chairman, Mr. Hedgeland has asked only thirty minutes. His idea of what is relevant, what bears on the merits, may not be identical with some one else's. I beg that he be allowed to use his thirty minutes as he thinks best.

The CHAIRMAN. Very well.

Mr. THOMAS NELSON PAGE. If I may say so, Mr. Chairman, it seems to me that the chairman is the judge of what is pertinent in this particular case. There must be a judge of what goes to the merits of the bill, and it seems to me we shall not get at the merits unless the chairman decides and rules what does go to the merits.

The LIBRARIAN. I understood Mr. Currier to say, Mr. Chairman, that owing to a communication he had received he particularly desired to hear from Mr. Hedgeland now, and there may be reasons of which Mr. Page may not be aware that would make it desirable for Mr. Hedgeland to be free to use his time as he wishes.

Mr. CURRIER. So far as I am personally concerned, I would like Mr. Hedgeland to take his own line.

The CHAIRMAN. Very well; you may have your thirty minutes, and take your own course in reference to it.

Mr. HEDGELAND. Amongst the correspondence there are letters from the Chase & Baker Company which came to my notice, in which they fully set forth what they feared was being done in the preparation of this bill, but on which they were unable to secure any information. A copy of those letters, which were written to Messrs. Schumann, were sent to the Librarian's office by Mr. Haven Putnam, of New York. They set forth how this monopoly of the Eolian company was anticipated, and that if legislation of this kind took place it would instantly create a monopoly. Those letters of the Chase & Baker Company that were addressed to Messrs. Schumann were sent by the Librarian of Congress to Boston, to Mr. Bacon, of the WhiteSmith Music Publishing Company, with the statement that he thought they would make interesting reading. I have certified copies of many letters along the same line, where people have written and asked and positively been stood off until this bill was presented. The merits of the case show, as far as it applies to mechanical musical instruments, that the composers, the true beneficiaries under this bill, never petitioned for it.

Mr. CURRIER. Mr. Sousa and Mr. Herbert and other composers have appeared before the committee.

Mr. HEDGELAND. Yes, sir; but there is not a letter, before this matter was agitated or the conferences called, asking for it. That is in sharp contrast to the Librarian's statement here before this committee on June 9, when he stated: "Did any of you ask for this information? Was there not every reason to believe that such a measure would be incorporated? Did you ask for it? You know you did not." The evidence is, and I have lots of letters to prove, that it was asked and it was practically, to all intents and purposes, refused.

I can not understand, gentlemen, I can not picture any manufacturer, whether of phonographs or automatic players, walking up and asking to be taxed, whether it is 10 per cent, 5 per cent, or whatever it is, unless there is some special privilege that he is going to obtain under this measure. Nowadays the whole trend of business is to reduce the cost of a product, not to increase it. I think it is plain on the face of it.

Before I close I would like the committee at their leisure to take up the matter which I left with them last night, and I will submit briefs and copies. With that I will let the matter rest.

Mr. HINSHAW. I think you had better explain the matter a little bit to us now, for I am afraid we will never read them; that is, I am afraid I will never read them. We have too many things to do. Mr. HEDGELAND. It is much better in brief form, sir, with the exhibits.

Mr. HINSHAW. But would you mind explaining just what you want in this bill?

Mr. HEDGELAND. Anything that is fair and equitable to the public and all concerned is what I want. I do not want any special privilege.

Mr. LEGARE. What is your idea of what is fair and right? Give us that.

Mr. HEDGELAND. That I have not given any thought to, sir; any measure that will not force the entire population of this country to pay tribute to one or two individuals.

Mr. HINSHAW. Just explain just how that would occur. How would one or two individuals have a monopoly?

Mr. HEDGELAND. Because, sir, the whole thing has been anticipated by contracts with the Music Publishers' Association. The whole thing is bartered in advance; and if that bill which is presented had ever become a law the major portion of the mechanical musical instruments of this country would have been just wiped right out.

Mr. CURRIER. Have you any complaint to make or have you heard anybody make any complaint that did not have the most ample opportunity to be heard here?

Mr. HEDGELAND. In the room here? No, sir.

Mr. CURRIER. Yes; or at any time since this bill was introduced? Mr. HEDGELAND. In here?

Mr. CURRIER. No; in Congress.

Mr. CHANEY. We are the committees of Congress here, you know. Mr. CURRIER. Since the bill was introduced?

Mr. HEDGELAND. No, sir.