NAB reports (Jan-Dec 1937)

Record Details:

Something wrong or inaccurate about this page? Let us Know!

Thanks for helping us continually improve the quality of the Lantern search engine for all of our users! We have millions of scanned pages, so user reports are incredibly helpful for us to identify places where we can improve and update the metadata.

Please describe the issue below, and click "Submit" to send your comments to our team! If you'd prefer, you can also send us an email to mhdl@commarts.wisc.edu with your comments.




We use Optical Character Recognition (OCR) during our scanning and processing workflow to make the content of each page searchable. You can view the automatically generated text below as well as copy and paste individual pieces of text to quote in your own work.

Text recognition is never 100% accurate. Many parts of the scanned page may not be reflected in the OCR text output, including: images, page layout, certain fonts or handwriting.

commerce and trade, providing penalties for combining rights granted by the copyright laws where the effect of such combinations results in the use of copyright privileges as instrumentalities of oppression and extortion within the state in violation of constitutional provisions; and encouraging the rendition, creation and production of copyrighted works among the school children and citizens of the State of Montana, encouraging the marketing and acceptance of copyrighted works, created by the citizens of this state ; repealing certain Acts ; creating a state antimonopoly board for a particular function to be exercised only in the event of abuses and violations hereof; defining its duties, and the jurisdiction and duties of courts of record; the duties of the prosecuting attorneys, county auditors, the state treasurer and the secretary of state; and providing for the appointment of a receiver in certain instances; defining certain terms; providing for service of process on nonresidents; prohibiting certain Acts; and providing penalties for violation hereof. Be it enacted by the Legislative Assembly of the State of Montana: Section 1. It shall be unlawful for any person to, with¬ out the consent of the owner thereof, cause to be publicly performed for profit any dramatic composition, or dra¬ matic musical composition commonly called an opera, or other copyrighted works, or any substantial part thereof, which has been copyrighted under the laws of the United States, or for any person to knowingly participate in the performance or representation of any substantial part thereof, or by knowingly selling a substantial copy of any substantial part thereof. Provided, however, that nothing contained in this Act shall affect or be construed to affect motion pictures. Section 2. It shall be unlawful for two or more persons holding or claiming separate copyrighted works under the Copyright Laws of the United States, either within or without the State, to band together, or to pool their inter¬ ests for the purpose of fixing the prices on the use of said copyrighted works, or to pool their separate interests or to conspire, federate, or join together, for the purpose of collecting fees in this State, or to issue blanket licenses in this State, for the right to commercially use or perform publicly their separate copyrighted works ; provided, how¬ ever, such persons may join together if they issue licenses on rates assessed on a per piece system of usage ; provided further, this Act shall not apply to any one individual author or composer or copyright holder or owner who may demand any price of fee he or she may choose for the right to use or publicly perform his or her individual copy¬ righted work or works; provided further, such per piece system of licensing must be based on and in proportion to the use made of such copyrighted works and in no case in excess of any other per piece system in operation in other states where any group or persons affected by this Act does business, and all groups and persons affected by this Act, are prohibited from discriminating against the citizens of this State by charging higher and more in¬ equitable rates per piece for music licenses in this State than in other States; provided further, where the owner, holder, or person having control of any copyrighted works has sold the right to the single use of said copyrighted work, where its sole value is in its use for public peformance for profit, and has received any consideration there¬ for, either within or without the State, then said person or persons shall be deemed to have sold and parted with the right to further restrict the use of said copyrighted work or works; Provided this does not apply to selling the use of any copyrighted work or works at a different time. Section 3. In the event two or more persons holding separate copyrighted musical works, or any rights flowing therefrom, whether by assignment, agency agreements, or by any form of agreement, pool their interest, or com¬ bine, or conspire, federate, or join together in any way, whether for a lawful purpose or otherwise, a complete list of their copyrighted works or compositions shall be filed once each year with additions or revisions made monthly in the office of the Secretary of State of the State of Mon¬ tana, together with a list of the prices charged or demanded for their various copyrighted works ; no payment or filing fee shall be required by the Secretary of State, and said persons, corporations, or associations, foreign or domestic, shall state therein under oath, that said list is a complete catalogue of the titles of their claimed compositions, whether musical or dramatic or of any other classification, and in addition to stating the name and title of the copy¬ righted work it shall recite therein the date each separate work was copyrighted, and the name of the author, the date of its assignment, if any, or the date of the assignment of any interest therein, if any, and the name of the pub¬ lisher, the name of the present owner, together with the addresses and residences of all parties who have at any time had any interest in such copyrighted work. The Secretary of State shall require two copies of said list, one of which he shall keep on file, the other shall be forwarded to the office of the State Treasurer at Helena. Section 4. The foregoing list of names and titles, pro¬ vided for in the preceding section, shall be made available by the Secretary of State to all persons for examination, in order that any user of copyrighted works in this State may know the rights and titles to such copyrighted works as may be claimed by any of said combinations, pools, associations, or persons as aforesaid, said lists shall be prepared so that all persons may avoid using said copy¬ righted compositions, if they so desire, and may avoid conflict therewith, and avoid committing innocent infringe¬ ments of said works ; and said lists so filed shall constitute constructive notice to all persons of the matters contained therein; and in order to further effectuate the copyright 2011