Music Trade Review

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THE
MUSIC TRACbE REVIEW
37
VALUABLE POINTERS ON COPYRIGHT.
quired in the notice of copyright. He says:
"The year date jn this notice should corre-
spond with the date of entry of title. Fre-
Contained in the Exhaustive Address Delivered Before the Music Publishers Association by Thorvald Sol-
quently
in cases where entry of title is made
berg, Registrar of Copyrights—One Consistent Statute Should Replace the Present Patched Law—
near the expiration of one year and publica-
Same Remarks on Titles, Entries and Dates—Who Is Entitled to Copyright.
tion does not occur until the succeeding year,
There are many interesting points in the the title, under the law in force, is to iden- the publishers are inclined, possibly for
address delivered by Thorvald Solberg on tify the article designated. Care, therefore, trade reasons, to print the year date of pub-
"Copyright Protection and Statutory Form- should be taken that the title filed should be lication in the statutory notice of copyright
alities" at the recent convention of the music such that when recorded it really does iden- instead of the year of entry."
publishers in this city. He emphasized that tify the published music. Moreover, the That this is not a safe proceeding is obvi-
the song writers, musical composers, and music entries require to be indexed, and by ous in view of numerous court decisions
musical publishers of the United States have law are included in the weekly Catalogue of noted by Mr. Solberg. On this subject he
obviously a large interest of a most practical Title Entries. Each year now adds to the said:
"It would seem so obvious that the name
nature in the re-codification of the copyright entries for musical compositions upwards of
twenty thousand titles and makes it propor- of the claimant of copyright printed in the
statutes.
"How best to secure the necessary careful tionally more necessary that each title is in notice, should be that of the person in whose
name as author or proprietor the title has
and adequate consideration, not only of the some way differentiated from others.
"Another matter apparently not under- been recorded, that it would appear unneces-
defects and limitations of the present stat-
utes, but of such changes as may be desir- stood is that it is only the title filed which sary to remark upon it, but the experience of
able—-is perhaps a question," said Mr. Sol- can go on record, and only that which is in- the Copyright Office shows that much greater
berg. "The time would seem to have ar- cluded in the title which can be recorded. caution should be exercised in regard to this
rived, however, for dealing with the subject Applications are constantly received con- matter. A not uncommon misunderstanding
as a whole, not attempting further piecemeal taining statements additional to the wording is that in the case of an assignment of copy-
alteration,,such as is commonly, though often of the title, apparently with the desire that right the name of the assignee can be sub-
questionably, called 'amendment' of the laws. they be recorded as part of the title. For stituted in the copy right..notice for that of
The end in view should be to insure, in place example, the application form transmitting the original claimant in whose name regis-
of the contradictory and inadequate acts the title will say 'For band' or 'For or- tration of title was made.- But the mere
now in force, the substitution of one consis- chestra' or 'For piano,' etc. It is to be sup- transference of the copyright secured by pre-
tent statute, simple in its phraseology, broad posed that the applicant attaches value to vious compliance with the statutory require-
and liberal in its principles. Of necessity, in such statement, presumably desiring the fact ments, neither justifies re-entry of the title
this complex age, many interests are affected stated brought out when recording the title. page, nor omission of the original copyright
by copyright legislation. The aim should be But if so, a title or title page should be sent notice. The assignee's title to the copyright
that all these diverse interests be fairly dealt for registration which contains exactly what property depends upon the validity of the or-
with, and that full justice be secured to the is desired to appear on the records. The iginal title, hence the notice justified by the
entire fraternity of literary and artistic pro- Copyright Office cannot—with due regard proceedings first .taken to secure copyright
ducers. In my official reports I have sug- for the copyright interests of the applicant— should be retained without change either in
gested that the delicate and difficult task of undertake to edit his title. That should be the name of the claimant or date of entry.
preparing a codified text of the copyright done before the title is sent to the office, and There is no special provision of the law as
laws should be intrusted to a commission if the printed title page is not worded ex- to notice in cases of assignment, but as there
representing all the interests concerned and actly as the applicant desires his title re- is nothing in the law to forbid it, it would
corded he should make up a title with the ex- seem permissible, if desired, to print, in ad-
competent to frame an adequate measure."
act
wording required either by eliminating or dition to the original notice, a statement of
Among the many important questions
which arise in relation to copyright in music, adding to the printed title, or by typewriting assignment.
WHO IS ENTITLED TO COPYRIGHT?
and about which misunderstandings exist, an entire title.
"It is provided in Section 4952 of the Re-
"It would seem that the question of suit-
such as to effect applications presented to
the copyright office, Mr. Solberg directed at- able title pages for musical compositions vised Statutes that the author or proprietor
tention to the following: The title to be would offer an interesting and not unimpor- of any book or other copyright article and the
filed; the date of registration; the form of tant matter for consideration and discussion executors, administrators, or assigns of any
copyright notice; who is entitled to copy- and furnish opportunity for good work by such persons shall have the sole liberty of
a committee of the Music Publishers' Asso- printing, etc. The use of the word proprietor
right.
in this section has led to the erroneous im-
ciation."
* * *
pression that it may mean that the purchaser
* * *
In reference to "The Title to be Filed" the
The subject of copyright entry it seems is of the book or other article thereby secures
exact provision of the law is that it shall be
a printed copy. While the Copyright Office more important than is generally understood. a right to obtain copyright even when the
has not refused to register typewritten titles Many complications arise from endeavors to author, himself, may not be entitled to copy-
in lieu of titles printed from type, Mr. Sol- fix certain dates for entry, but the law is right. Copyright protection in the United
berg shows that there has been some legal quite explicit, that the date of the receipt at States comes through authorship, and no
discussion over this matter, and in every case the Library of Congress is to be the actual protection can come except through the
author or originator. If the author himself
it would be preferable to file the printed title date of entry.
Mr. Solberg notes that many requests have is not entitled to the privilege of copyright
page, as it obviates any cause for future em-
been made, owing to the desire to obtain in-
barrassment.^
"Of more Serious import may be the form ternational protection, to have simultaneous
•Separate Numbers and Scores
and style of the title filed for record," said dates of registration in Washington and
of the following
Mr. Solberg. "In relation to no other class London. To this end the registrar of copy-
C o m i c
O p e r a a n d
M u s i o a l
: : : C o m•d y S u c c e s s e s : : :
of copyright subjects do so many questions rights has been asked to hold the publication
arise as to title, as in the case of music. for a certain date. He said further that
"THE JEWEL « F ASIA"-By Frederic Ranker, Harry
B. Smith and Ludwig Englander.
Music publishers seem to be only beginning while this has been acquiesced in by the office
"NANCY BROWN"—By Frederic Ranken and Henry
to favor the idea of a distinctive title page upon special request, yet experience has very
K. Hadley.
for each musical composition or each edition clearly demonstrated the undesirability of
"THE nOCKlNd BIRO"—By Sidney Rosenfeld and A.
Baldwin Sloane.
of it. The method is still very prevalent of this course. It puts upon the registrar of
"5ALLY IN OUR ALLEY"-By Geo. V. Hobart and
printing on the cover or front page in lieu copyrights a responsibility not contemplated,
Ludwig- Englander.
of a distinctive title a list of pieces—either moreover the practice has never been passed
"THE WILD R05E"—By Harry B. Smith and Ludwig
all by the same composer, or pieces of a sim- upon by a competent court. Mr. Solberg
Englander.
, ,
ilar class of music—a group of pieces, and recommends that the application and title be
"THB BLONDE IN BLACK"—By Harry H. Smith and
Gus
r
r
to identify the particular one within the forwarded to some agent of the applicant in
p«Mi.>^
hr jQS. W . STERN
N E &. W CO.
Y OK K
34 East
21st Street
CHICAGO
LOIDOB
BIN njHCISCO
cover by underscoring some descriptive indi- Washington other than the registrar who
cation. In other cases instead of a cover will file it on the exact day on which its de-
title distinctly indicating the composition, sired entry shall appear.
HOWARD WHITNEY'S
there is something devised more for the pur-
* * *
As good as "Mosquito Parade,"
pose of attracting attention than of furnish-
Mr. Solberg also calls attention to a gen-
ing information. But the purpose in filing eral misconception regarding the date re-
"A
LUCKY
DUCK,"
The Crown Music Co.
TO THE TRADE
We can supply you with anything pub-
lished. Send for our monthly list of
Wholesale Music Dealers
12 East 17th Street,
NEW YORK.
B
A R Q A I N SMI
With novelty "quack" effect.
One of the best two-steps written in years.
J*I. WITMARK & SONS,
PUBLISHERS,
Witmark Building, 8 West agth Street, New York.
After June ist, New Witmark Building, 37th Street,
just West of Broadway.