No. 3,065 | U.S. Circuit Court for the District of Massachusetts | Aug 1, 1894
This case raises a new and important question under the copyright act of March 3, 1891 (2(5 Stat. 1106). The plaintiffs, subjects of Great Britain, and publishers of music, have copyrighted three musical compositions, two of which are in the form of sheet music, and one (a cantata) consists of some 90 pages of music hound together in book form, and with a paper cover. Two of these pieces were printed from electrotype plates, and one from stone by the lithographic process. The inquiry in this case is whether a musical composition is a hook or lithograph within the meaning of the proviso in section 3 of the act, which declares that in the case of a “hook, photograph, chromo, or lithograph” the two copies required to be deposited with the librarian of congress shall he manufactured in this country.
The act of March 3, 1891, is an amendment of the copyright law then existing. The principal change made is the extension of the privilege of copyright to foreigners by the removal of the restriction of citizenship or residence contained in the old law, and hence it is sometimes called the “International Copyright Act”. Section 1 relates to the subject-matter of copyright, and declares that:
“The author, inventor, designer or proprietor of any book, map, chart, dra matic or musical composition, engraving, cut, print, or photograph or negative thereof, or of a painting, drawing, chromo, statue, statuary, * * * shall, upon complying with the provisions of this chapter, have the sole liberty of printing, reprinting, publishing,” etc.
Section 3 recites the conditions which must be complied with, and says:
“No person shall be entitled to a copyright unless he shall, on or before the day of publication in this or any foreign country, deliver at the oillce of the librarian of congress, or deposit in the mail within the United States, addressed to the librarian * * * a printed copy of the title of the book, map,*598 chart, dramatic or musical composition, engraving, cut, print, photograph, or chromo, or a description of the painting, drawing, statue, statuary, * * * for which he desires a copyright, nor unless he shall also, not later than the day of the publication thereof in this or any foreign country, deliver at the office of the librarian * * * or deposit in the mail within the United States, addressed to the librarian * * * two copies of such copyright book, map, chart, dramatic or musical composition, engraving, chromo, cut, print, or photograph, or in case of a painting, drawing, statue, statuary, model, or design for a work of the fine arts, a photograph of same: provided, that in the case of a book, photograph, chromo, or lithograph, the two copies of the same required to be delivered or deposited as above shall be printed from type set within the limits' of the United States, or from plates made therefrom, or from negatives, or drawings on stone made within the limits of the United States, or from transfers made therefrom.”
From tlie language of these provisions it seems clear that “book” was not intended to include “musical composition”. In the section which enumerates the things which may be copyrighted, “musical composition” is mentioned as something different from “book”, and we find this same distinction twice observed in the preceding part of the section which contains the proviso. It is as reasonable to suppose that “book” and “musical composition” were as much intended to refer to different subjects as “map, chart, engraving,” and other enumerated articles.
If congress, in the proviso, had intended to include a musical composition among those copyrighted things which must be manufactured in this country, it should have incorporated it in the, list of things subject to this restriction. The omission in the proviso of “musical composition”, as well as of “map, chart, engraving”, and other things before enumerated, is very significant, as indicating that congress never intended to extend this provision to any of these articles. -And so, with respect to “lithograph”, if congress had intended to cover by that word a musical composition made by the lithographic process it should have expressed its meaning in clear and unambiguous terms, in view of the language used in other portions of the statute.
If there is any doubt as to the meaning of the statute, it is proper to examine the history of legislation on this subject, in order, if possible, to discover the intent of congress. As the bill passed the house of representatives, this proviso was limited to “book”, but when it reached the senate an amendment was offered and passed extending the proviso to various other subjects of copyright, as “map, dramatic or musical composition, engraving, cut, print,” etc. A conference committee was appointed, and a compromise was agreed to enlarging the house provision by the addition of “photograph, chromo, or lithograph”, and the bill was finally passed in this form. In the debate in the senate, reference was made to the fact that musical compositions had been eliminated from the proviso. The first and fundamental rule in the interpretation of statutes is to carry out the intent of the legislature, if it can be ascertained, and I think an examination of the proceedings in congress shows that it was intended to exclude musical compositions from' the operation of this proviso. 22 Cong. Rec. pt. 1, p. 32; pt. 3, pp. 2378, 2836; pt. 4, p. 3847.
Looking at the natural reading of the statute, the intent of congress, and the rules which govern the construction of statute law, I am of opinion that the plaintiffs have complied with the provisions of the act of March 3, 1891, respecting the three musical compositions complained of and that the defendant should be enjoined from reprinting, publishing or exposing for sale these compositions, or any essential part of them, as prayed for in the bill.
Injunction granted.