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Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
V O L . X X X I . N o . 8 . Published Every Saturday by Edward Lyman Bill at 3 East Fourteentn Street Hew York, August 25,1900.
Tremaine Tells of Court Decision
REGARDING THE EARLY HISTORY OF THE CUTTING OF PERFORATED MUSIC ROLLS—CUTTERS OF
MUSIC FORMERLY PAID ROYALTY DECISION OF COURT THAT MUSIC WAS
PART OF THE INSTRUMENT UPHELD BY SUBSEQUENT COURTS IN
THIS COUNTRY AND EUROPE MUSIC SPECIALLY ADAPTED
TO THE CHARACTER OF THE AEOLIAN PRODUCT.
That department of the music trade in-
dustry which, for the purpose of specializ-
ing, we term the automatic department,
has advanced to an important position in
musico-industrial affairs. The parent or-
ganization—the one which has carved the
way through almost insurmountable obsta-
cles, to brilliant success—is the ^Eolian
Co. The educational work carried on for
years by that organization was, for a long
period the only factor actively engaged in
removing the popular prejudice from auto-
matic musical instruments.
That this organization has succeeded in
accomplishing astonishing results along
these lines is now history, and in view of
the fact that the ^Eolian Co. now deem it
necessary to take legal measures to protect
their rights, the views and opinions of
Wm. B. Tremaine, who, more than any
other man, has developed the wonderful
possibilities of the /Eolian, and its off-
springs—the Pianola and Orchestrelle—
will be of interest to the trade.
"Mr. Tremaine," asked The Review,
"your suit against the Pianophone Co.
has attracted widespread interest, can
you enlighten us regarding some points
concerning the early cutting of perforated
music rolls and the relation of the con-
cerns engaged with the composers of those
days?"
"With pleasure. In the early days of '82
and '83 it was the custom of the Automatic
Paper Co. of Boston, in which I was inter-
ested, to pay to music publishers a royalty
on all copyright music used by us. Their
own arrangement was made individually
with the composers whose work they
handled. This arrangement ran satisfac-
torily for a while, when pirates, like Mc-
Tammany and others, came in the field and
began to reproduce all kinds of music with-
out paying even the least royalty to either
the publishers or the composers. The busi-
ness became disorganized, and my company
being unable to secure the united support of
the music publishers, took up the cause of
the composers, paid all the legal expenses
in connection with the suit, defending what
I believed at that time to be the interests
of musicians.
"Judge Colt of the Supreme Court of
Massachusetts decided against us on the
ground that the music rolls instead of be-
ing sheet music and subject to copyright
were a part of the instrument, they being
of no use or value whatsoever unless used
in connection with the self-playing instru-
ments.
"With this legal decision against us, you
will see naturally that we could continue
our old course no further. Since that time
two decisions have been made, one in
France and one in England, practically up-
holding the opinion of the Massachusetts
judge.
"We have not paid publishers since the
original decision, but would only be too
glad to do so could our position be sus-
tained.
" We have at all times a corps of musi-
cians at work in our factory specially ar-
ranging certain pieces for our instruments.
Important changes are made, so that, ex-
cept for the air, the music would be hardly
recognizable. It is our aim to produce the
best effects possible with our instruments.
We know the character of them, and radi-
cal changes must be made in the music
score in order to produce the effects which
we attain.
"Our paper, too, is an important part of
our business. It is chemically prepared,
and it must be of uniform thickness and
weight. We handle the entire product of
the factory, and we have learned that the
best results are reached by permitting the
paper to undergo a seasoning process for
at least a year.
"Our business is a specialty in every
department, from the special arranging of
compositions for our own instruments to
the special preparation of paper for the
music rolls which, as just remarked, judi-
cial opinions thus far have held are con-
sidered a part of the instrument.
"I am not averse to competition. On
the contrary I welcome the advent of good
players in the market. Competition is
stimulating, but I do most heartily object
to any firm trading on the ^olian name
and placing music rolls of an inferior
nature on the market as ^Eolian music. I
have no personal feelings against Mr.
Davis, and should be glad to see him suc-
fa.oo PER YEAR.
S1NGLK COPIES to CENTS
ceed, but he must do it independently of
the ^olian interests.
"I notice from a recent issue of The Re-
view, that another Massachusetts judge
has upheld former decisions against one
manufacturer imitating a peculiar package
or wrapper of another one, and Judge
Baily, to whom I refer, gives the right to
a manufacturer who puts upon the market
an article of distinctive appearance to get
an injunction against other manufacturers
who imitate such appearance with inten-
tion to profit by the enterprise of others.'*
Canadians to Locate in States.
(Special to The Review.)
Toledo, O., Aug, 21, 1900.
Charles Clapp, who is general counsel
for the Chamber of Commerce, spent the
morning with two representatives of the
Compensating Pipe Organ Company of
Toronto. The company intends to erect a
building and manufacture pipe organs in
the States somewhere and the chances are
that it may be induced to choose Toledo as
the location. This afternoon the two rep-
resentatives are conferring with Mr. Clapp
and officers of the Chamber relative to the
conditions here and the inducements for
their coming. This morning they visited
several parts of the city and seemed pleased
with several sites that were pointed out on
the east side. Detroit is making a strong
play to secure the enterprise. In case Tole-
do is the lucky city it will mean that a com-
pany will be organized with Toledo, Detroit,
Toronto, and other capital and that a
splendid manufacturing establishment will
be constructed. The concern expects to
employ in the neighborhood of 250 or 300
men.
Judgment Against Sampson.
[Special to The Review.]
Rochester, N. Y., Aug. 21, 1900.
The Farrand & Votey Organ Company,
of Detroit, Mich., yesterday docketed judg-
ment upon failure to answer in the su-
preme court, against Eugene E. Sampson,
of Lyons, for $138.81 damages and costs.
Sampson handled musical instruments for
the plaintiff, and did not defend the ac-
tion, which charges him with unlawfully
converting to his own use $111.20 belong-
ing to the plaintiff, having sold instru-
ments of that value and failed toturn over
the proceeds. In case he has no property
with which to satisfy an execution, a body
execution will be issued and the defendant
either locked up or released on jail limits.