Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
THE MUSIC TRADE REVIEW
of the police, raided a headquarters in the Cler-
kenwell district.
The capture comprised no
fewer than 250 photo-zinc blocks, valued at £200
($1,000), which had been prepared for printing
thirty-eight musical copyright songs and popular
airs. Two thousand copies, which had already
been printed, were also impounded.
Satisfac-
tory as this raid was, it by no means strikes a
vital blow at music pirates. A perpetual injunc-
tion against the printers might certainly be ob-
tained in the High Court, but that is too costly
and too tedious a method. Nothing, therefore,
remains for the Copyright Association but to
maintain a warfare until October next. By that
time it is hoped that the new bill will have be-
come law.
ADOPT A UNIFORM SIZE OV SHEET MUSIC.
B. F. Wood, of B. F. Wood Music Co., Boston,
Mass., reported in favor of adopting a uniform
size of paper in publishing sheet music, and on
motion the music publishers were recommended
to use 10%xl3% inches. Mr. Wood was re-
quested to inform the International Publishers'
Association, which meets at Milan, Italy, in 190G,
of the action of this association.
The subject of incorporating the Music Pub-
lishers' Association of the United States was
referred to the Executive Committee with
power to act.
Geo. W. Furniss, from the committee on Copy-
right Commission, reported that the committee
had met and considered the matter, and that
they recommended the Music Publishers' Asso-
ciation of the United States request Congress to
appoint a commission to revise the copyright
laws, and that they are willing to work in har-
mony with all organizations interested in the
subject. The report was adopted and the com-
mittee continued.
Walter M. Bacon stated that it might be of
interest to the members of the association to
know that the testimony was all in and the case
of the White-Smith Music Publishing Company
vs. The Apollo Company would come up for argu-
ment next fall, and their attorneys thought they
would win but at all events the case would be
appealed to the higher court no matter how it
resulted.
Wm. R. Draper, of the Canadian-American
Music Co., by invitation of the chairman, ex-
plained that a British copyright can be secured
through the Canadian-American Music Co., To-
ronto, Canada, in less time and at less expense
than by sending to London, Eng., and read the
following letter on the subject from W. B. Ray-
mond, who is perhaps the most eminent copy-
right lawyer in the Dominion of Canada:
OBTAINING BRITISH COFPYRIGHT VIA CANADA.
TORONTO, Can., Sept. 19, 1903.
In the matter of obtaining British copyright in music
by citizens of the United States by publishing in
Canada.
W. It. Draper, Esq., Managing-Director, the Canadian-
American Music Co., Toronto.
DEAK SIR:—The question asked me Is briefly whether
citizens of the United States can obtain British copy-
right by publication in Canada? Under date of June 18,
I advised you quite fully upon the position of the law
affecting this question, but I believe, although there may
be necessarily repetition, you desire the matter stated as
fully as possible for the present purposes of yourself and
associates in the music publishing business.
In the first place, it should be understood that when
the words "British Copyright" are used in this letter,
they refer to copyright in music under the laws of
Great Britain and Ireland, as distinguished from the
laws of the Dominion of Canada ; since British copy-
right may be obtained in Canada, under the authority
of a Canadian statute, apart from the obtaining of
British copyright under the statutes of Great Britain
and Ireland alone. But here we are dealing with the
question of copyright obtained under the statutes of
Great Britain and Ireland, and not under the statutes
of the Dominion of Canada. Bearing in mind the fore-
going it will now be easily understood that the ques-
tion discussed in this letter is dependent on the statute
laws of Great Britain and Ireland and the decisions of
the courts of that country, since the subject we are
dealing with is not regulated by Canadian law but by
the laws of Great Britain and Ireland.
By a statute of the fifth and sixth years of the reign
of Queen Victoria the British Parliament passed a gen-
eral copyright law which included copyright in musical
publications. The provisions of this statute include
one by which the statute was made applicable to
British dominions, including Canada; and although a
question was formerly raised as to whether the British
act could properly apply to Canada, that question has
been absolutely set at rest by the constitution of the
statute in the courts of Great Britain and Canada,
and it is clear beyond question that the British act
does apply to Canada. There is no doubt now, and
has not been any for some-years, that a citizen of the
United States may obtain British copyright by pub-
lishing his music in Canada, if, at the time of publica-
tion, he resides in Canada, although such residence
may be of the most temporary description. This may
be regarded as well-settled law.
PUBLICATION IN THE DOMINION SUFFICIENT.
But the case which we' are now considering is not
the case where the citizen of the United States re-
sides In Canada temporarily, but the case where he
does not reside in Canada a t all, but sends his music
41
Stationers' Hall. Applications for entry forms, etc., and
here for publication. There are, as you should under-
for information as to extent and duration of copyright
stand, many legal questions which, although they have
should be addressed to the Registrar, Stationers' Hall,
been before the courts, cannot be said to have been
London, E. C, and accompanied by a stamped cover.
linally settled; that is to say, put in such a position
by the judgments of the court that there is not room
(Signed)
II. A. STANLEY KELHAM,
for conflicting opinions.
For the Keeper of Printed Books.
It is fair to say that the question which we are now
LONDON, E. C, October 28th, 1903.
considering has not been finally settled by judicial
DEAR SIR :—I return the copy letters from Mr.
authority, but it is also a fair statement of the situa-
Draper to Isidore Witmark and from W. B. Raymond
tion to say that the best modern view of the question
to Mr. Draper. The latter Is an exceedingly clear ex-
favors the opinion that a citizen of the United States
planation of the law as it at present stands with re-
is entitled to British copyright by publication of his gard
to a United States citizen obtaining copyright by
music in Canada.
publishing in Canada though he is not even temporar-
Having stated the conclusion upon the question, I
ily
resident
there, and I can add nothing whatever to
will now state the grounds of such conclusion, as it it. If Mr. Witmark
will turn to my book on the law
will be more satisfactory to you to have them before
of
copyright
for actor and composer, he will see the
you, and the subject is of very considerable interest.
question
discussed
on
pages 42 and 43, and the conclu-
The question under discussion came before the highest
sions there drawn are the same as those drawn by
court in England in 1804, in a case brought by one
Mr.
Raymond.
If
there
is anything further you would
Jeft'rys against Boosey. In this case, which you per-
like to know on this matter I should be happy to oblige.
ceive was tried nearly a half century ago, the court de-
Yours
very truly,
cided that a foreign author without at least tempo-
(Signed)
ALBERT A. STRONG.
rary residence in j_>ritish dominions could not obtain
Chirles
Warren.
British copyright by publication In a British posses-
sion. But in 1868 the question was again before the
The speech of Thorvald Solberg, Register of
highest court in England, in the well Known case of
Routledge y. Low. There were four eminent judges
Copyrights at Washington, D. C , delivered be-
hearing this case. Of these Lords Cranworth and
Chelmsford were of the view that a foreign author
fore the association at its annual meeting in
could not obtain British copyright if he were not re-
New York City, June 10, 1903, was ordered print-
siding at the time in a British possession ; but Lords
Justices Cairns and Westbury expressed it to be their
ed and distributed among the members.
opinion that residence was not necessary, that even
temporary residence was not necessary in order to en-
CHAS. K. HARRIS' REMARKS.
able a foreign author or his assigns to obtain British
Charles K. Harris, after asking permission to
copyright. Moreover, it is also the general opinion among
the legal profession in England that Lords Cairns
and \\ estbury were right, and that residence in a say a few words in regard to the Canadian-
liritish possession is not necessary to enable a citizen
American Music Co., said he felt it only right
of the United States to obtain British copyright. Then,
to state that he had most satisfactory dealings
again, under date of June 10, 1891, Lord Salisbury, in
a communication to the Minister of the United States
with them in every way; that he made more
in London, stated that under the existing English law
a foreigner could obtain the benefit of British copyright
money in the short time that he had been deal-
without the necessity for residence in British do-
minions. This shows the view entertained by the ing with them than in the many years that he
British government of the law upon this point.
had dealt with other parties in the same place,
AN INTERNATIONAL UNDERSTANDING EXISTS.
and that he copyrighted all of his British copy-
In consequence of the communications which passed
between the British and United States governments, it
rights through the Canadian-American Music
has been contended that between these two countries
Co., and he recommended every member of this
a treaty, or an understanding equal to a treaty, has
been effected ; and while this is not free from question,
association to do the same.
there is, as you perceive, strong grounds for contending
that an understanding equivalent to a treaty does exist
DEATH OF MR. MAGU1RE DEPLORED.
between these two countries. The position of the citi-
zens of the United States is, therefore, not the same
The following resolution was then offered and
as the position of the citizens of some other country,
which, like the United States, is not a party to the passed:
Berne convention, but has not, like the United States,
Whereas, This association has heard with re-
any understanding with Great Britain of the nature
just referred to. I think that what passed between
gret and sorrow of the death of J. J. Maguire,
the advisers of the two countries respectively is of very
so long identified with the White-Smith Music
great importance in considering the question under dis-
cussion, and is in favor of the view that a citizen of
the United States may obtain British copyright by pub- Publishing Co., of Boston, Mass., and for so
lication in a British possession, and without residence
many years a delegate to the annual meetings of
there.
this association; therefore be it
In all this discussion you will, of course, understand
that the publication in a British possession must be
Resolved, That in his death Boston has lost a
the first publication, or at least contemporaneously with
the publication in the United States, and you will cer-
good citizen, the White-Smith Music Publishing
tainly not confuse copyright in musical publications
Co. a faithful employe and the Music Publish-
with copyright in any other kind of publication. I
refer to this because I have observed that whenever
ers' Association a genial companion and valuable
there is a decision upon copyright, although it may
have no relation whatever to copyright in music, many
associate; and that as a token of respect the
music publishers erroneously assume that the law of
secretary be directed to enter this resolution on
musical publication is affected thereby. For example,
such a mistake occurred in the recent decision in the the minutes of the association and to furnish a
Privy Council in England in the case of Graves v.
Come, a case which related to copyright in pictures
copy of the same to the music trade press.
and not to music at all. My opinion was taken in this
case by the defendant when he first sued, and it was
A unanimous vote of thanks was tendered to
to the effect that the "British copyright act" respect
the Aeolian Company for their courtesy in in-
ing pictures, not that respecting music and books, did
not apply to Canada. This view was upheld in all the
viting the association to use their elegant hall
courts, including the Privy Council, and a number of
music publishers have wrongly gathered the impression
as a meeting place.
that it affected the copyright in music, which, as I
OFFICERS ELECTED.
have said, is in no respect the case.
The following conclusion with respect to the prin-
The following officers were elected to serve
cipal question discussed in this letter may be stated,
one year, or until their successors are elected:
namely, that while there is an existing authority,
namely, the old case of Jeffrys v. Boosey, and the 1 ex- President, J. F. Bowers; vice-president, H. S.
pressions of opinion by two of the judges in the case
of Routledge v. Low, for the contention that temporary
Gordon; secretary, Chas. B. Bayly; treasurer, E.
residence is necessary to enable a citizen of the United
S. Cragin.
States to obtain British copyright by publication in
Canada, there are, on the other hand, the opinions of
Executive Committee.—Walter M. Bacon, G.
the other two judges in the last case and of the pro-
fession in England, showing the clear general opinion
W. Furniss, Chas. K. Harris, E. T. Paull, Sol
to be in favor of the proposition that a citizen of the
Bloom, and ex-officio, J. F. Bowers and Chas. B.
United States is entitled to British copyright by publi-
cation in a British possession, without even temporary
Bayly.
residence there ; and lastly, the effect of the documents
which passed between the British and United States
At 1 o'clock p. m. the association took a re-
governments in 1891, and the consideration that thereby
the citizens of- the* United States occupy a position dif-
cess and the members lunched together at the
fering from and better than that occupied by the citi
Marlborough Hotel.
zens of other countries foreign to Great Britain, and not
in the Berne convention, the result of all these consid-
On motion, the association adjourned to meet
erations being that, although, as we have seen, the mat
ter cannot be said to be absolutely free from all doubt,
the second Tuesday in June, 1905, at the Broad-
yet it may clearly be accepted as the better one, that
way Central Hotel, in New York City, at 10
view which affirms the right of a citizen of the United
States to obtain British copyright by publication in
o'clock, a. m.
Canada, without the necessity of residence there.
A CHAT WITH SECRETARY BAYLY.
If there are any questions which yourself or any of
your associates wish to ask me with reference to the
The attendance was about the same as last
foregoing or any kindred subject, I should be pleased to
consider and answer them, and am,
year, and Mr. Bayly, referring to the conven-
Yours faithfully,
tion, said to The Review: "We had a very profit-
(Signed)
W. B. RAYMOND.
REQUIREMENTS OF BRITISH COPYRIGHT OFFICE.
able and pleasant meeting. Not so many New
Mr. Draper also presented the following let-
York publishers were present, but doubtless that
ters relating to same:
was because they are so busy. You know pub-
COPYRIGHT OFFICE, BRITISH MUSEUM,
lishers are very much rushed a t this time of the
LONDON, W. C , Sept. 25, 1903.
GENTLEMEN:—1. Publications issued and offered for
year. Then again, if a man is really interested
sale in the United Kingdom (whether entered Station-
in anything, no matter how much engaged, he
ers' Hall or not) must, under the provisions of the
copyright act of 1842 (5 and 6 Viet., cap. 45). be' de- always manages to find time to attend to it."
livered at [the copyright office of] the British Museum,
for the use of the National Library, within one month
"We missed Mr. Bowers very much, and per-
from the day of publication, if issued in London : within
haps that is one reason why we got through so
three months if issued elsewhere in the United King-
dom, and within one year if issued in any other part
quickly. He always contributes a great deal of
of His Majesty's dominions.
2. Publications due to the British Musuem must, ac-
vim and go to whatever he takes hold. We had
cording to the act, be delivered upon the best paper on
a beautiful convention hall, but it was slightly
which the same shall be printed, and without any de-
mand from the British Museum.
stiff and formal, and the social side—which we
3. Delivery by post or rail or other conveyance can
only be accepted when prepaid, and any loss or damage
consider a very important factor in our meet-
in transit is entirely at the risk of the sender. The
ings—suffered this time. Hence we return to
sender is not entitled to a receipt unless the work is
delivered personally or by an authorized agent.
our old place next year."
4. Registration of copyright can only be effected a t