By Willem Mak (auth.)
ISBN-10: 9401503087
ISBN-13: 9789401503082
ISBN-10: 9401508410
ISBN-13: 9789401508414
When dealing, as during this research, with gramophone files, we virtually unconsciously reflect on tune. For the variety of gramophone files during which track, both vocal or instrumental, doesn't playa half is kind of small. therefore we will crisis our selves mostly with musical files. 1. song will be stated to be as previous as humanity itself: from the very starting of heritage guy has given expression to his emo tions through sounds. in a single of the 1st chapters of the Bible harps and organs are pointed out 1) and additional on within the e-book of Books we discover musical tools pointed out many times. allow us to quote a number of circumstances at random: Gen. 31 : 27; Ex. 15 : 20; 1 Sam. sixteen : 23; 2 Sam. 6 : five; Psalm a hundred and fifty; 1 Cor. 14 : 7,8. during the a while song having initially no except a spiritual personality, developed and differentiated itself with the end result that now we all know track in all its a variety of diversifications: beside non secular track we've got secular track within the type of symphonic tune, army tune, dance-music and so on.
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Extra resources for Rights Affecting the Manufacture and Use of Gramophone Records
Example text
So we see that the British act likewise considers one of the acts forming part of this exploitation of an artistic work to be the exclusive right of the author. There is no need, we believe, to repeat here our objections against this system once again. It may furthermore be deduced from this text that the manufacture of but one single duplicate of the instruments in question would belong to the author's exclusive right. When discussing the Dutch legislation we already criticized such attitude seeing that in this case there can be no question of exploitation 1).
1) Translation: The provision contained in § 12, al. 5, does not apply to musical works already admittedly utilized in the interior for contrivances in respect of mechanical reproduction. For the rest, the provisions contained in § 63 are to be analogously applied whilst duplicates or copies accordingly put into circulation, may be used also for public performances. Literary and musical works, created before § 22 became effective, are likewise subject to these provisions but only in the event of their having been previously protected against mechanical reproduction.
The drafters of the Berne Convention have not gone to the extent of making this far-reaching provision applicable to all the Countries of the Union, without any distinction. It applies, as appears from its own text, only to such Countries where the musical works concerned had already been lawfully recorded on mechanical instruments before the date on which the Convention of 1908 became effective. We fully agree with Goldbaum when he propounds that the meaning of the term "works" in par. 3 can only comprise those parts of works which had been actually recorded by means of mechanical instruments before the appointed date 1).
Rights Affecting the Manufacture and Use of Gramophone Records by Willem Mak (auth.)
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