Victor Record, Single Side Record with Lengthy Patent Restriction (1907)
With the digital revolution and the Internet colliding, the legal use and distribution of music is a particularly hot issue. I had not considered how long some of the more nuanced aspects of music distribution had been going on until I picked up a curious looking 78 RPM, Victor Record from 1907. The record was particularly odd in that it was imprinted on only one side and the back was dedicated to a rather lengthy patent notice. Significant amongst all the dos and don’ts was the very clear price restriction of 60 cents. I can only assume Victor Record was trying to cut off the resell market and pirates before it took hold. Viva la Half Price Books!
Curious facts gleaned from the Internet (the source of all human knowledge accurate or not) was the first patent and copyright laws in the US were created around 1790. The first patent was granted to Samuel Hopkins for the process of making potash on July 31, 1790 and the first federal copyright act was the Copyright Act of 1790.
- http://inventors.about.com/od/weirdmuseums/ig/Inventive-Thinking/First-Patent-Grante.htm
- https://en.wikipedia.org/wiki/History_of_copyright_law#Early_United_States_copyright_law
- https://en.wikipedia.org/wiki/Copyright_Act_of_1790
Legal Note: I paid $1.00 for the record which exceeded the 60 cent restriction.
Record:
Victor Record – Grand Prize
Awarded First Price Buffalo, ST. Louis and Portland Expositions
In Monkey Land (Morse) Comic Duet
Collins and Harlan with orchestra
5270
Victor Talking Machine Co
Camden NJ
Patented
Patent Notice:
Victor 10-inch Record
60 cts. each -NOTICE- 60 cts. each
This patented record, which is registered on our book in accordance with the number heron, is licensed by us for sale and use only when sold to the public at a price not less than
SIXY CENTS EACH
No license is granted to us this record when sold at less price.
This record is licensed solely for the purpose of producing sound directly from the record, and for no other purposes; all other rights under the licenser’s patent under which this record is made are expressly reserved to the licensor. Any attempt at copying, or expressly reserved to the licensor. Any attempt at copying, or counterfeiting, this record will be construed as a violation of these conditions will be construed as an infringement of our United States Patent, No 534,543, dated February 19, 1895, issues to EMILE BERLINER, and No. 739,318, dated September 22, 1903, and No. 778,976, dated January 3, 1905, and of all other U. S. Patents covering and embracing this record. All parties selling, or using, this record, or any copy thereof, contrary to the terms of this license, will be treated as infringers of said patents, and each of them, and will render themselves liable to suit.
This record is only licensed for sale and use when and so long as this label remains upon it; any erasures or removal of this label will be construed as violation of this license. A purchase is an acceptance of these conditions. All rights revers to the undersigned in the event of any violation.
February 1, 1907 VICTOR TALKING MACHINE CO.
