NAB reports (Jan-Dec 1937)

laws of the United States, the Secretary of State shall, if he deems it necessary to protect the citizens of this State from committing innocent violations of the Copyright Laws of the United States, publish such list once each year in a newspaper of general circulation, in order that all citizens of the State may respect any and all individual rights granted by the United States Copyright Laws. Section 5. No person, corporation, or association, do¬ mestic or foreign, whether doing business in this State as hereinafter defined or not, shall be absolved from the foregoing duty of filing said list of holdings as required in the preceding sections of this Act, if their music or copyrighted works are used commercially in this State, or have been used herein, whether originating from a point within the State or from without, and as long as any rendition thereof is received or heard within the State, or is intended to be so received by the originator of any musical program ; provided, however, any individual owner of a copyrighted work or works, not a party to or not connected in any way with any pool, conspiracy, com¬ bination, or groups, or association of persons, as prohibited by this Act, need not file any such list. Section 6. It is hereby declared that the production and creation of music and the commercial use of music and of copyrighted works within this State, whether originating at a point from within or without the State, as long as the same shall be rendered and publicly received within the confines of this State, whether mechanically or by radio communication, is a business clothed and af¬ fected with the public interest, and the adult educational advantages engendered by the public use of music and its creation, makes this business one of public necessity, and necessary for the education and training of the youth of this State; that many abuses are practiced under a false guise of Federal protection which only the State with its police power can easily and lawfully restrain, and in order to prohibit, discourage and prevent monopolistic prac¬ tices, and to prevent extortion, to encourage free bargain¬ ing between the citizens of this State with each other and with those without the State, and in order to give greater effect to the Constitutional provisions relating to monopoly and price-fixing, and in the general interest of the public, therefore, the legislature in the interest of the peace and dignity of the State, in the interest of good morals and the general welfare of the people of this State, and for greater educational advantages to the public, declares that said business shall be subject to the police power and reasonable regulation of the State government, and such police and regulating power shall be administered by the Courts and other officials of this State in a manner con¬ sistent with, in aid of, and never in conflict with, the Copy¬ right Laws of the United States. The provisions of this Act, and the administration thereof, shall at all times effectuate the enforcement, the true intent, and meaning of the United States Copyright Laws in order to prevent abuses from being practiced within this State from points within or from points without the State, by any individual, corporation, or organizations, who attempt to use the Federal Courts as innocent instrumentalities in the fur¬ therance of any systematic campaign or scheme designed to illegally fix prices for the commercial use of copyrighted works in this State through the use of extortionate means and terrorizing practices based on threats of suits, and an abuse of both State and Federal process, all of which are declared to be in violation of this Act and of the State Constitution; it is further declared that any person or persons, or combines, as aforesaid, who shall violate this Act shall be deemed to have used their property within this State in such a way that the same shall have acquired a legal situs, analogous to the situs of other personal tangible property within the State, even though separate from the domicile and residence of the owner; provided further, the legal situs of any copyrighted work is a co¬ extensive about the State, and a copyrighted work used or sold for public use or public performance for profit, if intended to be heard from a point without the State or from a point within the State, is hereby declared to be a commercial commodity, and its legal situs is hereby de¬ clared to be within the State of Montana. Section 7. All persons, groups, corporations, associa¬ tions, foreign or domestic, violating this chapter, shall be deemed to have been doing business within this State and amendable to the process of the state courts, when any such persons, combinations, or groups shall have issued licenses either from within or from without the State, for the privilege of using commercially and publicly any copy¬ righted work or works pooled in a common group or entity, or when any of the functions of said entity, organization, pool or combine, is or has been performed in this State; and the business of spying upon and the warning of users of the copyrighted works of such combinations, in addi¬ tion to the presence within the State of such persons, and the activities of such persons or their agents at any time or occasion for the detection of infringements within this State, shall be conclusive evidence that such combinations and persons, even though non-residents, have accepted the privileges of doing business within this State, and such persons, if they abide by the provisions of this Act, shall be granted the privilege of conducting business within this State in a legal manner, and may invoke the benefits of the State government and its political subdivisions in their behalf, and they may use all of the privileges available to the citizens of this State in general, and the use at any time of any general privilege available to any citizen of this State, by any of such agents, their attorneys, or repre¬ sentatives, or investigator, or by any aidor and abettor, or any non-resident person, group, entity, or combination as aforesaid, shall be deemed to be an acceptance of the 2012