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THE
MUSIC TRADE
REVIEW
Copyright as Distinct From Patent or Trade-mark.
Much Confusion Exists in Commercial Circles Regarding the Difference in Meaning and Scope
Between a Patent, a Trade-mark and a Copyright—Although Used Interchangeably and as
Synonyms The Meaning is Totally Different—Wherein a Copyright Differs Vitally From
Patent and Trade-mark—Something of the New Copyright Law—An Interesting Analysis of
The Law and Its Application Made By a Writer Who Is an Authority of Note—Copyright
Laws in England Correspond Closely to Those of This Country—Contents of a Book, Not
Title, Protected—The Law of Unfair Competition.
general confusion exists in commercial circles over
A LMOST
the difference in meaning and scope between a patent, a
trade-mark and a copyright. The terms are constantly used
interchangeably and as synonyms, in spite of the fact that their
meanings are totally different.
A patent right is the exclusive right to make and vend "any
new and useful art, machine, manufacture or composition of
matter, or an improvement thereon, or for a new and original
design."
A trade-mark is "any name, sign, symbol or device which is
applied or attached to goods offered for sale in the market so
as to distinguish them from similar goods, and to identify them
with a particular trader or with the owners of a particular busi-
ness.
A copyright differs vitally both from patent and trade-mark
except in the basic sense that it is intended to obtain for one's
self a monopoly of the right to use some particular privilege.
In that sense patent, trade-mark and copyright are identical,
the difference being in what each protects.
We are now working under a new copyright law, that which
became operative July i, 1909. There is in force also a portion
of the earlier act of June 18, 1874. Under the act of 19C9 the
following can be copyrighted: Books of all sorts, provided they
contain anything original; periodicals, including newspapers;
lectures, sermons, addresses prepared for oral delivery; dra-
matic or musical compositions; maps, works of art, models or
designs for works of art, reproductions of a work of art, draw-
ings or plastic works of a scientific or technical character, pho-
tographs, prints and pictorial illustrations. There is not much
here that is apt to be of use to the average business man; my
object in giving the list is to make it plain that copyrighting is
almost confined to productions of a literary, artistic or musical
value.
There are some decisions, however, which hold that an
advertisement can be copyrighted, provided it has any literary
or artistic value. Under many decisions manufacturing or busi-
ness catalogues cannot be unless they have some literary or
artistic quality which gives them a different character than that
of the ordinary trade catalogue.
In addition to the list of copyrightable productions enum-
erated above, labels and prints designed to be used for articles
of manufacture can also be copyrighted, in a sense, under the
act of June 18, 1874. The proceeding, however, is different,
and in fact the form of protection granted can hardly be called
a copyright, although it is usually referred to as such. One
difference lies in the fact that an ordinary copyright is obtained
from the Librarian of Congress, while a copyright of a label or
print is granted by the Commissioner of Patents, like a patent
or trade-mark.
Since .the copyrighting of labels or prints is apt to be more
important to men in commercial business than the copyrighting
of literary or artistic works, I will describe the method of ob-
taining it first.
A label or print, to be entitled to copyright at all, must be
something more than. & mere trade-mark. If it is substantially
no more than a mere name or title, copyright will be refused,
and the applicant will be told to apply for a trade-mark. Coined
names also will not be copyrighted, though they can be trade-
marked; nor will the name of any substance, nor the name of
a corporation or business concern of any kind; nor a catch
phrase, motto or anything of the sort.
If a print or label is of sufficient artistic or literary- value to
entitle it to copyright, application for a copyright on it should
be made to the Commissioner of Patents. The procedure is
comparatively simple and consists of filing with the Patent
Office (1) a statement disclosing the applicant's name, na-
tionality and place of business; whether the applicant is the
author or proprietor of the label or print or only the executor
or assignee of same; what the author's nationality is; the title
of the print or label, and the name of the article of manufacture
which the print or label is to be used with; (2) ten copies of the
print or label, one of which the Patent Office sends back certi-r
fied if the copyright is granted; (3) a statement of the date when
the print or label was first published with notice of copyright,
With all this must go a fee of $6, making the process less
expensive than a trade-mark, which costs $10, and more exr
pensive than an ordinary copyright, which costs only $1.
!
For most purposes a trade-mark will be found an adequate
form of registration for a name or design to be used in connec-
tion with the sale of goods. If there are some special cases
where a trade-mark will not serve, then—if the facts permit it—
a label or print may be copyrighted.
I think I need not go very deeply into the method of copy-
righting the ordinary productions which are subject to copyright,
i.e., literary and musical productions. The Librarian of Con-
gress sends blanks to be filled in with the necessary information,
and the fees are 50 cents for copyrighting photographs and $1
for everything else except labels and prints. Printed matter
must actually be published before it can be copyrighted.
A copyright is granted for twenty-eight years and renewed
for fourteen years more. That is one disadvantage, if compared
with a trade-mark, which is perpetual.
A copyright can be assigned, i.e., transferred to another,
exactly as a patent or trade-mark can be assigned.—Copyright,
July, 1910, by Elton J. Buckley.
The copyright laws of England correspond very closely to
those of this country, and a great many people labor under the
impression that the copyright of a book, or musical publication,
protects the name. It does not, either in this country or in
Europe. It means the contents only are protected.
A case in point:
«
The Player Pianist, a name which was coined by this trade
newspaper institution and advertised largely, was adopted by
an individual, and our only recourse was appealing to the courts
under the law of unfair competition. The same work was
pirated in England, and a publication put forth by precisely the
same name, and we shall be compelled to follow the same course
there in order to protect our rights. So it will be seen that a copy-
right, like a patent, oftentimes means nothing more than the battle/:
ground for a fight as to rights claimed.