Classic Mode

Music Trade Review

Issue: 1895 Vol. 20 N. 18

Page 6 Text:

Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
THE MUSIC TRADE REVIEW.
1O
The Copyright Decision
FOREIGN PUBLISHERS WIN.
Appeal from the Circuit Court for the
District of Massachusetts.
OI.IVKR DITSON COMPANY,
\
ALFRED H.
LITTLETON, ct
al.
BEFORE PUTNAM, WEBB AND ALURICH, J.J.
OPINION OF THE COURT.
April 25, 1895.
PER CURIAM.—We are satisfied with the
conclusion of the Circuit Court in this case,
and adopt the opinion of the learned Judge
of that Court, except that we do not deem
it necessary to investigate the history of
the bill which resulted in the copyright
statute of March 3, 1891, 26 vStat. 1106,
under the question in these proceedings, or
to determine how far that history is per-
tinent to the construction of the act.
The case deals with copyright matters
alone, which are only the musical parts, or
notations, of complainants' publications.
We are not called on to consider a case in
which more than the notation is covered by
a copyright.
That musical compositions, as such, differ
in the view of the copyright law from books,
as such, necessarily follows from the fact
that when musical compositions were first
made copyrightable the penalty for infring-
ing was made expressly and distinctively
other than that for infringing the copy-
righted book—Act of February 3, 1831,
Sections 6 and 7, 4 Stat. 437, 438. And it
so stands in the present statute, Act of
March 3, 1891, Sections 7 and 8, 26 Stat.
1107. There are other particulars in which
the statutes make the same distinction, but
in this one the result is unavoidable. What
were copyrighted here were clearly musical
compositions and nothing else, and the dis-
tinction thus made by these penal provi-
sions cannot be maintained unless the re-
sult reached by the Circuit Court is ac-
cepted.
The word "lithograph" found in the pro-
viso in Section 3 of the statute under con-
sideration, represents only a sub-division of
the matters embraced in the word "print"
in the same section, which gets its meaning
and limitation, for the purpose of this
statute, from its immediate association with
the words "engraving, cut." This is em-
phasized by the third section of the act of
June 18, 1874, 18 Stat. 78, which expressly
limits the word to pictorial illustrations or
works connected with the fine arts. More-
over, the introduction of the proviso by the
words "in the case" constitutes a legisla-
tive selection from what precedes it, and
shows that the qualifying effect of the pro-
viso was intended to be limited to a part
only of the things named in the body of the
THE
section.
These words necessarily make
the whole section m pari materia.
It is true that in some parts of the stat-
utes the words "book, print and musical
composition" refer to the intellectual con-
ception as the essential element, and in
other parts may refer more particularly to
the material form in which it is expressed;
but nowhere does either element exclusive-
ly exist,because no intellectual conception is
copyrightable until it has taken material
shape. Therefore there is no reason for
holding that the use of the words "book,
photograph, chromo or lithograph" in the
proviso involves a departure from the dis-
tinctive idea appertaining to either in other
parts of the statutes touching the subject
matter of copyright.
If the statutes were of doubtful meaning,
the history of the bill, the omission of the
words "dramatic composition" from some
of the provisions of the statutes, the con-
temporaneous construction by the depart-
ments or officers of the United States, and
perhaps other propositions urged upon
either side, might have weight, but in a
case so clear as the one at bar we do not
deem it necessary to invoke such aids or to
note the conditions or limitations under
which such considerations should weigh in
the interpretation of doubtful statutory
provisions.
The decree
affirmed.
of
the
Circuit
Court is
Lehr's Latest,
H
LEHR & CO., Easton, Pa., have fa-
• vored us with their latest catalogue
of seven-octave upright piano-style organs.
It is carefully printed and well edited, and
contains many valuable points of interest
to the dealer not acquainted with these in-
struments.
It describes minutely and
clearly the many superior features of ex-
cellence for which these organs are noted,
and the reasons whereby they have main-
tained such a leading place in the past as
well as to-day.
It only needs a careful scrutiny of the
handsome cuts of styles A, B, C, D, H and
F, which are shown in this catalogue, to
understand why these piano-cased organs
are so popular with the music-loving public
and the trade at large. They are graceful
and artistic in design, with a tone which
approaches the pipe organ in quality, and
a variety of effects obtained solely by the
use of knee levers, which fold out of sight
when not in use.
In this catalogue is also shown a very
handsome style of seven-octave church
organ, which is suitable for churches,
schools, lodges, etc.
The design is most
artistic and handsomely finished on both
back and front.
H. Lehr & Co. supply enough convincing
CELEBRATED
STEGER
facts in this catalogue to win many new
customers for their instruments.
They
quote opinions of the trade press and of the
dealers who have used these instruments,
but apart from this they furnish plenty of
reasons why the Lehr seven-octave organs
lead. In the introductory to this catalogue
H. Lehr & Co. say:
"The new case designs herewith first pre-
sented, are all original with us, and a leap
in advance of the highest development of
organ case structure thus far attained. The
various details of case appearance have all
been carefully designed so as to conform
with each other, and the results presented
are artistic, uniform and elegant.
"The improvements in our organs, while
affording the performer advantages found
in no other instrument, all tend toward
simplicity in action and construction; and
we boldly assert that our instruments are
the most salable and best constructed reed
organs manufactured, and that any dealer
representing our magnificent piano-style
organs in any locality has the monopoly of
a class of instruments with which no other
dealer can compete.
"Notwithstanding their excellence, the
prices are low, due in part to the fact that
we make nothing but seven-octave organs,
and are the largest manufacturers of them.
Our factory is new, commodious and well
equipped; we engage the best skilled labor,
which is always the cheapest, and we are
able to buy in bulk at the lowest market
prices; and we do not doubt but that our
principle of 'giving the most we can for the
money, and of guaranteeing satisfaction to
every purchaser,' will insure us continued
success."
Dealers who fail to receive a copy of this
catalogue should make it a point to write
for one.
Loss of the riusical Faculty.
** A MUSI A," or loss of the musical fac-
J~\
ulty has been reviewed by Prof.
Edgren, of Stockholm. The disease proves
to be strictly analogous to aphasia, the loss
of speech, which may or may not accom-
pany it. Two general forms arc recognized
—the sensory form, where tones cannot be
appreciated by the ear or notes read by the
eye, and the motor form, in which the pa-
tient cannot sing, play or write notes. Bal-
let places the expression of music between
the emotional and the artificial or verbal
language. Music is less complicated and
earlier appreciated than speech. Many chil-
dren sing before they speak, and Reyer has
told of a child of nine months who could re-
peat the notes exactly as played on the
piano, while Dvorak, the musical composer,
is said to have had a son who sang the
"Fatinitza" march with his nurse at the
age of one year.
PIANOS
M
PATENTEO 1892.
are noted for their fine singing quality of
tone and great durability.
The most
profitable Piano for dealers to handle.
STEGER & CO., Manufacturers,
Factory, Columbia Heights.
235 WABASH AVENUE. CHICAGO.

Page 7 Text:

Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
THE MUSIC TRADE REVIEW.
The "Piano Player."
T
HIS is the title by which the Orchestral
Piano Co., of Boston, designate their
piano attachment which enables "the
player,'" by the use of electricity and pneu-
matics, to play with an accuracy which
challenges human pianists. The present
automatic attachments which are placed on
the market, while capable of producing sur-
prising musical effects, yet mar seriously
the finished appearance of the upright
piano. The Orchestral Co.'s invention
seems to be at least much more pleasing to
the eye, as there is no disfigurement what-
soever to the instrument wherein it is
placed. In a comprehensive little booklet,
recently issued by the company, they say:
"Our instrument is not automatic only in
point of execution, but is capable of all the
delicate shading and expression that the
most finished artist could give, and this can
be accomplished by any one after a few
hours' acquaintance with the stops." They
further say: "This appliance supplies ex-
actly the place of the absent human player,
and in no way affects or obstructs the or-
dinary use of the piano when desired to be
played in the usual way. The stroke is
made at the back of the key, throwing it up
and thereby causing the hammer to strike
the string, giving exactly the same motion
and effect as produced by the human player
at the keyboard, and not changing the
regular working of the piano in any way.
To force the blow to produce a loud or soft
note is under complete control."
There is no doubt but that the inven-
tions which produce music from pianos
by electricity will form a more prominent
feature in piano sales as time moves on.
The address of the Orchestral Piano Co. is
118 Boylston street, Boston.
HALLETT & DAVIS CO., of Chicago, 111.,
has been incorporated by Harry D. French,
Charles H. Weston and Leroy D. Thoman,
to deal in musical goods. Capital stock,
$150,000.
A. REDEWILL, music dealer, of Phcenix,
AT a recent meeting of Board of Di-
Ariz., reported as having recorded real es- rectors of the Frick Piano Case Co., Farley,
tate mortgage for $1,500.
Mass., F. K. Carruth was chosen director
in
place of J. B. Farley, who was elected at
WOOD BROS., piano actions, Cambridge-
the
annual meeting in March, but declined
port, Mass., reported as having discharged
to
serve.
Andrew Baker was chosen di-
chattel mortgage for $4,000.
rector in place of George E. Munroe, who
FORD & CHARLTON MUSIC CO., Omaha,
declined to serve longer.
Neb., reported as having discharged chattel
HOFFMAN & GERN, pianos, organs, musi-
mortgage for $4,083.
cal merchandise, have opened new store in
GERVAIS, HUDON & Co., dealers in musi-
the Brass Building, Marysville, Cal.
cal instruments, Quebec, Que., reported as
OTTO J. EVLES, musical merchandise, will
having assigned.
open new store at Carnegie, Pa. Mr. Eyles
O. B. HOWELL, Conservatory of Music, has heretofore been connected with Craw-
Lincoln, Neb., reported as having been sued ford & Cox, 434 Wood street.
in foreclosure for $11,990.
TENCE & THATCHER, musical merchan-
SMITH AMERICAN ORGAN AND PIANO CO.,
dise, pianos and organs, Vinnedge Block,
Boston, Mass., filed annual statement as fol-
Tipton, Ind., sold interest in business to
lows: Fixed capital, $200,000. Assets—
Louis and Abe Kirtly.
Cash and debts receivable, $62,453; manu-
JOHN POLKINHORN, music trade dealer,
factures and merchandise, $815; profit and
Darlington,
Wis., opened new wareroom in
loss, $209,227; total, $272,496. Liabilities
the
Hennesey
Building.
—Capital stock, $200,000; debts, $72,496;
total, $272,496.
J. E. SARGENT, of Beloit, Wis., has sold
S. C. SMITH, of Booneville, music trade out musical merchandise business to new
dealer, has opened new store at Carthage, firm, Murray & Smiley, but will continue
to handle pianos and organs.
N. Y.
D. H. BALDWIN & Co., musical merchan-
F. L. WARNE, pianos, organs and musical
merchandise, has commenced business at dise, pianos and organs, have removed to
larger quarters at n o North High street,
Bronson, Mich.
Columbus, O.. which is claimed to be the
W. B. NICHOLLS, of Patchogue, L. I., is
offering to sell out music business, pianos largest music store in Central Ohio.
P. MCAVOY will open store for sale of
and organs, with stock of small instruments,
for $3,000. Business has been established pianos, organs and musical merchandise on
Church street, New Britain, Conn.
four years.
STEPS are being taken looking to the es-
THE W. W. Kimball Co., Chicago, 111.,
tablishment of a factory for the manufacture have leased a large store on the McMullen
of musical boxes at Rahway, N. J. The block, on South Division street. Grand
company now located at Brooklyn is being Rapids, Mich., for a term of ten years. It
Charged with Fraud and Deceit. offered inducements to remove its plant. is expected they will open a branch store
The new building will be erected, 90 by 35 before many weeks.
,t
AMES F. BUCK WELL, manufacturer feet, and employment will be given to 200
GEO. STECK & Co. continue to receive
of harps, was arrested last Saturday hands.
flattering testimonials bearing on the ex-
on an order signed by Judge Giklersleeve,in
Miss MAGGIE LEVY, musical merchandise,
the Superior Court, upon complaint of Mrs. Phillipsburg, Pa , will remove to corner of cellence of their instruments, particularly
their baby grand, from all parts of the
Josephine Berger, of No. 809 First avenue, North Centre and Presque Isle streets.
country.
and in default of $1,000 bail was locked in
KNOWEI.I. & DAVIS BROS., musical mer-
MR. ERNEST KNAISK'S mairiage to Miss
Ludlow street jail. Mrs. Berger charges
chandise, pianos and organs, at Terre Nellie Schlens, of Baltimore, is announced
him with fraud and deceit, in that he
Haute, Ind., have dissolved co-partnership, to take place early next month. An ex-
gave as security for a loan of $500 a
Knowell continuing the business, Davis tended trip to Europe will follow. Mr.
chattel mortgage on a factory plant at
Bros, retiring to become associated with D. Knabe and his intended are quite, popular
No. iig West Thirty-seventh street, which
H. Baldwin & Co., dealers in musical in- in social and musical circles in the Monu-
he said was free from liens or encum-
struments.
mental City.
brances, but which was not.
JACOB BROS., who, with Frank Welling-
AT the South Carolina Musical Festival,
ton, are to erect new piano case factory at
held April 24, 25 and 26, Prof. Richard
Fitchburg, Mass., have commenced work
A Convenient Catalogue.
Burmeister, the eminent pianist, used the
on the foundation of the new building. The
Knabe concert grand exclusively.
VERY convenient pocket catalogue first $30,000 of the capital stock is reported
FRED. W. PRIMER left last Wednesday for
has been issued by the Keller Bros. to have been paid in.
a six weeks' European tour in the interest
STEPS are being taken looking to the es-
& Blight Co., Bridgeport, Conn. It con-
of the "Crown" pianos and organs made
tains illustrations and descriptions of frve tablishment of an organ manufacturing by Geo. P. Bent, of Chicago.
of the latest styles of Keller Bros.' pianos, plant, making both reed and pipe organs,
with other reading matter of interest to at Northfield, Minn.
A thoroughly experienced practice
piano makeK with not less than ter
the trade. It furnishes "pointers" to all
THE Maine Music Co., of Rockland, Me.'
thousand dollars capital
Must be
of taking entire charge of factory. To such a man
desirous of knowing why these instruments will occupy new and larger quarters, corner capable
will be given the practical management of a company hav-
an established business, a fine instrument and a
are so popular with all who handle them. Limerock and Main streets, where improve- ing
thoroughly equipped factory. None others need apply.
Correspondence
solicited. Address " l'iano Manufacture,"
The catalogue is neatly printed.
ments are nj\v going on.
,. ,:
care T/HE Music TRADE RF.VIEW.
J
A
Wanted

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