MUSICAL COMPOSITION. The copy right act of March 4, 1909, provides for pro tection to dramatic or dramatico-musical compositions. It grants the exclusive right in the case of a musical composition to per form the copyrighted work publicly for prof it, and, for the purpose of printing, publish ing and vending the work, to make any ar rangement or setting of it or of the melody of it in any system of notation or any form of record in which the thought of the author may be recorded and from which it may be read or reproduced, provided that the act, so far as it secures copyright controlling the parts of instruments serving to reproduce mechanically the musical work, shall include only compositions published and copyrighted after the act goes into effect, and not the works of a foreign composer unless his na tion grants to citizens of the United States similar rights, and provided that when the owner has used or permitted or knowingly acquiesced in the use of the work upon the parts of instruments serving to reproduce mechanically the work, any other person may make similar use of it upon paying a royalty of two cents on each such part man ufactured, and provided that the owner, if he uses the composition himself for mechan ical reproduction or licenses others, shall file notice thereof in the copyright office. The reproduction of such composition upon coin operated machines shall not be deemed a public performance for profit unless a fee is charged for admission to the place of re production.
A musical composition as an idea or in tellectual conception is not subject to copy right, but only its material embodiment in the form of writing or print may be copy righted ; White-Smith M. P. Co. v. Apollo Co., 209 U. S. 1, '28 Sup. Ct. 319, 52 L. Ed. 655, 14 Ann. Cas. 628.
Perforated rolls for mechanical piano players do not. infringe ; id.
Where one sings an entire copyrighted song with musical accompaniment, it is an infringement, though the singer purports merely to mimic another. But not singing of a single verse and chorus without musical accompaniment ; Green v. Luby, 177 Fed. 287, nor where, in mimicing an actress and her postures and gestures, the singer used the verse of the song only as a vehicle ; Bloom v. Nixon, 125 Fed. 977.
See COPYRIGHT.
To collect together and exhibit soldiers and their arms. To employ recruits, and put their names down in a book to en roll them. In the latter sense the term im plies that the persons mustered are not al ready in the service ; Tyler v. Pomeroy, 8 Allen (Mass.) 480. The same term is ap plied to a list of soldiers it the service of a government. Articles of War, R. S. § 1342.