Rights Affecting the Manufacture and Use of Gramophone Records

When dealing, as in this study, with gramophone records, we almost unconsciously think of music. For the number of gramophone records in which music, either vocal or instrumental, does not playa part is quite small. Hence we shall concern our­ selves principally with musical records. 1. Music may be said to be as old as humanity itself: from the very beginning of history man has given expression to his emo­ tions by means of sounds. In one of the first chapters of the Bible harps and organs are mentioned 1) and further on in the Book of Books we find musical instruments mentioned repeatedly. Let us quote a few instances at random: Gen. 31 : 27; Ex. 15 : 20; 1 Sam. 16 : 23; 2 Sam. 6 : 5; Psalm 150; 1 Cor. 14 : 7,8. Throughout the ages music having at first no other than a religious character, evolved and differentiated itself with the result that now we know music in all its numerous variations: beside religious music we have secular music in the form of symphonic music, military music, dance-music and so on.

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I. General observations on copyright.- II. The legal status of the creative artist.- III. The legal status of the creative artist (continued).- IV. The legal status of the performing artist.- V. The legal status of the manufacturer of gramophone records.- VI. The legal status of the user of the gramophone record.- VII. The practical side of musical copyright.- VIII. Legislative projects.- Conclusion.- Appendix I. B.I.E.M.-Industry Standard Contract 1947.- Appendix II. Table A: Copyright Bureaux.- Appendix III. Table B: STEMRA-returns.- Appendix IV. Table C: BUMA-returns.- Legal provisions cited.