Music Trade Review

Issue: 1905 Vol. 40 N. 7

Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
42
THE
MUSIC TRADE
REVIEW
ROYALTY DEMANDED FOR MUSIC USED ON TALKING MACHINES.
Ruling of French Court Causes Consternation in Paris—Royalty of Seven Cents Asked on Every
Cylinder Sold—Situation Discussed by Prominent Lawyer for Talking Machine World—How
Laws of This Country and France Differ on This Subject.
Advices from Paris, France, under date of
February 11, state that a crisis has been created
in the talking machine record trade in France by
the unexpected judgment of a Paris court, which,
in the interests of the Society of Music Publish-
ers, has placed the talking machine in the same
category as an orchestra, prohibiting it from re-
producing copyrighted songs or music. The soci-
ety has long complained of the injury done to
its business by the talking machine, but had not
instigated any action. The one in question was
brought by a speculator, who offered the soci-
ety to undertake the suit at his own expense if
they would give him power of attorney and share
the royalties which it was anticipated could b©
recovered from the talking machine companies
in the event of the action being successful.
The decision has caused the stoppage of the
sale of records pending a settlement of the affair,
which, it is believed, will result in the re-
peal of an old law on which the ruling is based.
Meanwhile, several thousand talking machine
shops in France, which employ thousands of
hands, are affected, while foreign firms are liable
to have their stocks seized.
M. Pathe, of Pathe Freres, the largest firm of
record makers in France, says the society de-
mands a royalty of seven cents on every cylinder
sold containing a copyrighted songs or music.
The payment of such a sum, he says, would be
ruinous. He offers to pay 10 per cent, on his
gross sales, but the society refused to accept the
terms. M. Pathe, a large part of whose custom
comes from Great Britain and America, threat-
ens to remove his works to London.
The above suit is evidently that instituted,
about two years back, against the French agent
of a concern then known as the International
Zonophone Co., of Berlin, since absorbed by the
Gramophone & Typewriters, Ltd., of London,
Eng. It was stated at the time by F. M. Pres-
cott, the manager of the company, that the action
was being rigorously fought by the complain-
ants, and that the talking machine people were
afraid of losing, hence were anxious to secure
American precedents. The foregoing advices in-
dicate these fears were well founded.
An attorney conversant with the litigation in-
volving the use of copyright music on talking
machine records, after reading the above ac-
count, expressed himself as follows to The Talk
ing Machine World: "When I was in France
last I had occasion to examine the French copy-
right law, and I found it quite different from
our Federal statute. It is broader, more com-
prehensive, more specific, and gives the owner of
a copyright a greater reach and a freer scope
than here; in fact, the difference is marked. The
French law is very definite in its provisions, and
American precedents—if such existed—would be
of no avail in the courts of France.
"About eight years ago," continued the lawyer,
"the John Church Co. instituted a suit against
the Columbia Phonograph Co., for infringement
of their copyrights under the United States law
in connection with its sound or disk records.
The defense put in such a strong answer that
the complaint was dropped and has never been
heard from since. In my opinion, which was
also set forth in the case just cited, a phono-
graphic sound or disk record is a piece of spe-
cific mechanism, is absolutely unintelligible to
sight, and is a functional part of the machine;
whereas on a perforated music roll the perfora-
tions are in reality a species of musical notation,
which can be read at sight by those familiar
with the scale employed. As a matter of fact,
copyright privileges are the creatures of statute,
and the United States law, according to my in-
terpretation and that of many prominent patent
attorneys, is not broad enough to interfere with
the manufacture, sale or use of either perfor-
ated music rolls or phonographic cylinder or
disk records."—-Talking Machine World.
CONCERTS AT LYON & HEALY'S.
Chicago Office, Music Trade Review,
36 La Salle St., Chicago, 111., Feb. 11, 1905.
C. E. Goodwin, manager of the talking ma-
chine department of Lyon & Healy, returned on
Monday from a trip to the East. He found the
Victor people very busy and promising some
marked surprises in the near future. Last Tues-
day evening Lyon & Healy inaugurated the first
of a series of monthly concerts designed to give
the firm's customers a chance to hear the new
records on the supplementary list issued each
month. The crowds were so great that Aeolian
Hall and the Aeolian warerooms were filled. An
overflow concert was given in Victor Hall, and
even then fully 150 people were turned away.
Next month Steinway Hall will in all probabil-
ity be secured.
HOW WE HEAR OTTR OWN VOICES.
If a person records on a phonograph a few sen-
tences pronounced by himself together with
others by his friends, and causes the machine to
reproduce these at the end of a brief period, it
generally happens that he easily recognizes his
friend's voices, but not his own. On the other
hand, the friends recognize his voice perfectly.
This singular fact proves that everyone hears
his own voice differently from others. As Is re-
marked by Professor Exner, recently, the differ-
ence must lie in the quality of tone.
A VALUABLE ADDITION.
Among the latest additions to the National
Museum at Dublin, Ireland, is a set of Irish bag
pipes of about 1750, showing a form of which
there was hitherto no example in the museum.
COLUMBIA WINS OVER ALL OTHERS
The GraphopKone a n d Columbia. Records Receive Honors a.t
the St. Louis Exposition equal to those given
Type AY.
Price, $50.
ALL OTHER TALKING MACHINE
COMPANIES COMBINED.
Music dealers will find the Graphophone
a ready seller. If you have not already put in
a line of these delightful " music machines"
do not lose another moment before doing so.
They are made in several types, both in cylinder
and disc machines.
C o l u m b i a records are unequaled
for quality, loudness and clearness
of tone, and resonance. They are
made in endless variety from Grand Opera selections to the
latest popular song hits, and by the best artists of this country
and Europe. Write for prices and discounts to dealers.
LARGEST TALKING MACHINE FACTORY IN THE WORLD.
COLUMBIA PHONOGRAPH COMPANY
PIONEERS AND L E A D E R S IN THE TALKING MACHINE ART.
NEW YORK: 863 and 872 Broadway.
BOSTON: 1 SAN FRANCISCO: 126 Geary Street.
CHICAGO: 88 Wabash Avenue.
GRAND PRIZE. PARIS. 1900.
LONDON: 89 Great Eastern Street, E. C.
BERLIN: 71 Ritterttrasse.
Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
THE
MUSIC TRADE REVIEW
43
:2XXIX>OOOOCX)C>3CZX)OOCX^^
In the World o / Music Publishing
BUSINESS IN GOOD SWING
DECISION OF GREAT INTEREST
piece, the accompaniment by the strings being
very effective, while 'Sunbeam,' a whistleable
tune that the orchestra played over and over as
With the Publishers of Music, but the Cut- Is That Handed Down by the French Courts Re-
lating to Royalties on Music Used on Talk-
the audience dispersed, is probably the air that
price Question Is Again to the Front—De-
ing Machines.
will have the greatest popularity."
mand for Good Sellers—Situation Analyzed.
Special praise is given to Henry D. Gardner
Publishers will be greatly interested in the de- by all the papers for his clever personation of
If publishers have no troubles of their own
now, for business is in pretty good swing, the cision of a high French court, delivered in Paris Dolly Dashington, the principal young lady of
last week, in which talking machines, and all the opera, and his singing of "Dolce Far Niente"
everlasting topic of cut prices is trotted out, and
expatiated upon in extenso. Perhaps the com- phonographic devices are placed on the plane was most artistic and finished. The opening
plainant may be one of the guilty ones himself, with orchestras regarding the use of copyrighted
but of that never a word. Jobbers in close rela- music. In other words its reproduction without
tions with publishers occasionally tell tales out the payment of royalty is absolutely prohibited
of school, and then only when they may be get- by this decree. The case involving the issue has
ting the short end of a deal. At any rate, there been pending for nearly two years, and was in-
is solid comfort in the undisputed fact that busi- stituted as a test by the Paris Society of Music
Publishers a t the instance of a party in the
ness is going along quite to the satisfaction of
the trade at large, with the price question al- talking machine business who agreed to pay all
the expenses of the litigation, providing the pub-
ways a moot matter.
It is admitted that reputable houses with the lishers accorded him certain exclusive privileges
goods have no difficulty in maintaining their fig- in connection with their music when used on
ures with all branches of the trade. The eager- talking machines.
French record makers and representatives of
ness to realize on the part of concerns with lim-
foreign firms are reported as in state of con-
ited, if any visible capital at all, will probably
remain a disturbing factor until the crack of sternation over the decision, and predict the
\VM. T.OItAINK.
doom, and argument and suggestions as to what ruination of their respective businesses unless
overture and the finales to the three acts are
the law is either repealed or the strictures of
might, could or should be done is the waste of
so much energy when this class of publishers, the court's order are mitigated in some fashion. given extended criticisms., nearly every writer
their methods and ways, are under discussion. The French law differs materially from the Fed- commending Mr. Loraine in the highest terms
If by any fortuitous chain of circumstances they eral statute, being more specific and direct in for his musicianly methods and stamping his
reach the sunny side of easy street their prices its provisions concerning the use and reproduc- work as a gem of ihe purest waters. The entire
musical score, instrumental number and songs
will adjust themselves in short order; but. as tion of copyright music.
of
"The Filibuster" are published by M. Wit-
The
details
of
the
above
decision
and
the
views
long as they tarry in queer lane it is every man
of a prominent attorney relative thereto are re- jnark & Sons.
for himself and the devil take the hindmost.
The demand from dealers for the good sellers ported at length in The Review's special depart-
REVIEWOGRAPHS.
covers a wide field, and one is astonished in scan- ment elsewhere dealing with talking machine
ning an average order what a variety of goods affairs.
Rumors of a suit between two publishing
it covers—from grave to gay, from merry to se-
houses involving the settlement of a royalty ac-
"THE FILIBUSTER."
vere. Publishers of all grades, as well as the
count is gossiped a great deal about by the
jobbing contingent, are therefore hopeful that
"rank outsiders" who are always eager to en-
The
initial
performance
of
"The
Filibuster,"
a
in retailing more modern and progressive meth-
courage a pcrap of this kind. It appears the
ods are being adopted in the exploiting and sale comic opera satire, by John P. Wilson and Will-
iam Loraine, was given on February 6, at the complainant was employed as a salaried writer
of music of every description. They believe such
by the alleged defendant, and in a period of two
is the case, however, and where a live up-to-date Tremont Theatre, Boston, those taking part be-
years turned in sixty odd MSS. They were all
ing
members
of
the
Bank
Officers'
Association
of
dealer is found displaying more than ordinary
that city. The production was under the super- promoted rigorously and out of the lot but one
energy and versatility in marketing his line,
vision of George A. Kingsbury and Samuel E. can be classed as a good seller; the remainder
there is no hesitancy in encouraging his efforts
Rork, who spared no expense and time to make more or less on the junk order. Now, it is said,
and extending material assistance and aid.
it
a great success. George Lowell Tracy directed a demand will be made for "royalties." If the
Of current trade a thoroughly informed gen-
the
orchestra, while James Francis acted as case should come to trial some of the speculative
tleman spoke as follows to The Review: "As to
stage
manager. The house was filled to its ut- risks of the publishing business will be revealed.
business it is fair, possibly good, and perhaps up
most
capacity
by an audience that represented
to the mark for the time of year. Collections are
the
best
element
of Boston's society, and the Anna Held said goodby to her fellow players
very satisfactory, and dealers and jobbers are
newspapers gave unstinted praise to all who at the Weber Music Hall at the conclusion of
paying promptly as could be expected. We would
took part. The Transcript says: "The produc- last Saturday night's performance of "Higgledy-
not have it otherwise. The dealers are all right,
tion was one of the finest that has been seen Piggledy," and will enjoy a few days' rest before
but we cannot say so much for the entire pub-
here
for many a day. The song, 'The Filibuster,' beginning rehearsals of "Papa's Duchess," in
lishing fraternity. There are honorable excep-
tions, of course; but it seems to us that some has a rousing chorus that carried the house by which she will star the remainder of this sea-
storm. The 'Revolutionary Song' was repeated son. Monday Trixie Friganzi made her first ap-
sort of a clearing house should be established
until
both principal and chorus were tired. pearance in the role formerly played by the de-
to promulgate a business code that should be
'Dolce Far Niente' is one of the gems of the parted Anna, and her singing at least was a vast
broad and elastic enough to deal with many of
the trade's natural idiosyncracies, but at the
same time so rigid as to place beyond the pale
Tlie Latest Musical Production Success
the fly-by-nights and light-waisted concerns who
have no more license to be publishers than—
than—well, a term more forcible than elegant
might be used, but we will refrain from express-
By GLEN MACDONOUQH and VICTOR HERBERT.
ing our honest convictions. Suffice it a wave of
reform of the most drastic kind is badly needed,
MUSICAL NUMBERS
or possibly a pitchfork would be more to the
Beatrice Barefacts
50
Absinthe Frappe
50
point, and we would like to wield it in tossing
I Brought Them Home to M o t h e r . . . 50
The Matinee Maid
50
just a few so-called publishers over the fence so
The Coon Banshee
A Knot of Blue
.50
50
hard they would be down and out forever. More
The Jack 0'Lantern Girl
50
the next time you are around."
"IT HAPPENED IN NORDLAND"
The Gotham, Publishing Co. is the latest addi-
tion to the list of New York publishers, and are
located at 39 West 28th street, S. Trobauer is
the manager and William M. Cook, who wrote
"The Southerners," and at one time—brief at
that—connected with the Cook Music Publish-
ing Co., is on the writing staff.
Selection
March
1 00
I
50
I
Al Fresco-Intermezzo
Waltzes
Lanciers
75
50
50
rVf. WITMARK & S O N S
NEW
YORK
CHICAGO
LONDON

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