Books › Harvard Dictionary Of Music(1950), 1950 › scan 197
Scan 197
Harvard Dictionary Of Music(1950), 1950
17 lines. Read by computer on 18 September 2026. No printed page number was found. See the scan on archive.org.
1COPYRIGHT
2maintained for infringement of copyright in any work until the provisions of this Act with respect to the deposit of copies and registration of such work shall have been complied with." [Sec. 12.]
4(4) Copyright may also be secured for unpublished musical and dramatic works by deposit of copies and registration under Sec. 11.
6(5) All books, including the copies deposited at the Copyright Office, have to be printed from type set within the limits of U. S. A. [cf. Sec. 15 for details]. This requirement does not apply to books of foreign origin in a language or languages other than English. It does not apply to musical or dramatic works.
8(6) These formalities prevent the adherence of U. S. A. to the Berne Convention, whose leading principles involve the enjoyment and exercise of the rights of the Convention without being subject to any formality [Art. 4, par. 2 of the revised text of Rome]. About a mitigation of the formal requirements in relation to the partners of the fourth Pan-American Convention, cf. Solberg, Misc., No. 15, p. 26.
10III. As soon as the formal requirements are fulfilled, the authorized person, including a foreigner under the conditions above described, secures, among other things, the exclusive right: (a) to print, reprint, publish, copy, and vend the copyrighted work; (b) to arrange or adapt it if it be a musical work; (c) to perform or represent the copyrighted work publicly if it be a dramatic work; (d) to perform the copyrighted work publicly for profit if it be a musical composition.
12Before the enactment of the law of 1909 American courts had decided that composers did not enjoy any legal protection against the making of any form of record by means of which their compositions could be mechanically reproduced. The composers fought these decisions, while the record manufacturers wanted to maintain the status quo. The law of 1909 represents a compromise. The composer is protected against mechanical reproduction, but protection is granted only for those compositions which have been published and copyrighted after the act went into effect on July 1, 1909. Foreign composers enjoy this right only in case of reciprocity [cf. infra III]. The right of the author undergoes a further restriction as soon as either the author himself has reproduced the composition mechanically or has licensed someone else to do so. In such case any other person may make similar use of the copyrighted work and reproduce it mechanically upon the payment of a royalty of two cents on each such part manufactured (so called "compulsory license provision"). The reproduction or rendition of a musical composition by or upon coin-operated machines is not regarded as a public performance for profit unless a fee is charged for admission to the place where such reproduction or rendition occurs. For details cf. Toiner and Evans in the second and third annual of Nathan Burkan Memorial Competition; also the general rule of the revised Berne Convention, Art. 13.
14Recent developments in musical activity, particularly technical achievements of moving pictures and of broadcasting, led to some fundamental judicial decisions. The most important are: Herbert v. Shanley Co., 1917, about performances in hotels, dining rooms, and restaurants, open to guests without a charge for admission; Harms v. Cohen, 1922, concerning performances in moving picture theaters; Witmark & Sons v. L. Bamberger & Co., 1923, regarding radio broadcasting; Jewell — La Salle Realty Co., 1931, dealing with a case where a radio receiving set had been made available to the guests of a hotel by installing a loudspeaker. In all these cases the courts decided that a public performance for profit had taken place and had infringed the right of the composer [cf. Emerson in third annual of Nath. Burk. Mem. Comp. and United States Code 17, Section 1, 125ff; cf. the general rule of the Berne Convention about broadcasting, Art. 11 bis].
16A person who infringes a copyright is liable to an injunction restraining such infringement and to pay damages as well as profits. Where actual damages or profits cannot well be ascertained, the law
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