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THE MUSIC TRADE REVIEW
"The copyright law in this country affects a
wide variety of interests, and its different pro-
visions are so interwoven and interlaced that in
Tarns Poses Before Congressional Committee as
our
opinion it would be unwise at this time to
a Dispenser of Charity in Renting Musical
single out any particular section for amendment
Scores—Exposed by Publishers.
without considering the matter in its entirety.
At the hearing. May 2 and 3, before the Com- While it would not necessarily defeat the enact-
mittee on Patents, of the House of Representa- ment of the new law, yet it would un-
tives, Washington, D. C, the amendment to the doubtedly complicate it and postpone that
copyright statute introduced by Congressman enactment. All have agreed that this very
Bennett, permitting the renting of copyright mu- habit of amending isolated sections at various
sical scores and works, Arthur A. Tarns, New times has resulted in the present unsatisfactory
York, who makes a business of this practice, and system of copyright enactments. If, however, it
therefore desires to have it legalized, played up is intended to urge the enactment of this amend-
the charity dodge for all it was worth. He also ment, notwithstanding the new copyright laws
claimed he had been losing money renting mu- which are soon to be considered as a whole, we
sic of this description to church choirs, public should protest against the amendment, on the
school children and vocal societies. He was specific grounds that it virtually kills the pro-
given ten minutes to submit his views, which vision of the section sought to be amended and
takes away from the copyright a large part of
were far from interesting, to say the least.
its value to the publisher and to the author.
.1. L. Tindall, representing G. Schirmer, and
"We contend that according to the provisions
appearing for the publishers, made the strongest,
the most convincing and persuasive argument of this section as it now stands the owners of
the copyright of a musical work, in common with
presented, in part as follows:
"I should like to explain that no publisher the holders of the copyright of an opera or a
drama, control also the right of performance, and
within my knowledge requires a purchaser of
copies of vocal scores to keep on buying fresh only the owner of a copyright can convey the
copies for any future performance he may wish right of performance to another, and that a party
to give. On the contrary, he is free to give any purchasing copies and renting them to others for
number of performances from the copies once the purpose of giving performances is conveying
purchased. What is objected to is the passing something to which he has no title. * * *
on of the copies to others by renting or other- We claim that the copyright issued to the author,
wise without the consent of the author or his composer or his assigns must and should include
assigns. It is proposed to amend section 4966, r the right of performance; that the author's con-
title 60, chapter 3, of the revised statutes relat- trol is not limited to the physical and tangible
ing to copyrights, by excepting from its pro- nook of symbols, but extends through the com-
visions the renting of religious or secular works pleted performance. This was plainly the intent
as described. We should like to be on record as of the statute when it was enacted, and we
should consider it a reversal of the spirit and in-
opposing this amendment for two reasons:
tention of the law to have any part of his copy-
"First, the general reason that Congress is soon right privileges removed."
to be asked to consider an entirely new revision
of the present copyright law. Draft of this re-
vision has already been made through the co- STERN'S NEW BOOK OF IRISH MELODIES.
operation of all the parties whose interests are
affected, either directly or remotely. * * *
The new book of Irish songs, published by
This revision is the result of several years of
Jos. W. Stern & Co., is already sold, new editions
careful study of the subject on the part of not being on the press. The work is entitled "The
only legal minds, but those who are directly con- Favorite Irish Melodies of Thomas Moore," to-
cerned in a business way. While the house I gether with selected songs by Balfe, Claribel,
represent does not belong to any of the organi- Lady Dufferin, Crouch, Lover, Benedict, Glover
zations that have framed this new legislation, and others. It is a vast improvement on all sim-
we have every confidence in those who have ilar works on the market, for the reason that it
clone the work, and we have every reason to be- contains the best Irish songs of all the cele-
lieve that this work has been very thoroughly brated writers mentioned, and the book contains
and conscientiously done, and that the result will a handsome engraving of Thomas Moore, as well
be a practical and highly satisfactory copyright as a complete memoir of the life of this illus-
law, adapted to the peculiar present-day needs of
trious poet. It has been issued at a popular price
the United States.
to the trade.
HEARING ON BENNETT BILL.
ft
0
p
Francis, Day & Hunter
PUBLISHERS OF
00.
W
1
Waiting at the Church
H
to
S
u
2
U
AND ALL
Vesta. Victoria's Soivg Hits
0
"Come Down Lovers' Lane"
3
AND ALL
H
IT
H
C
0
H
2
ft
S
0)
Coming Thro' the Rye, Jennie Mine
etc.,
etc., etc.
REVIEW OF TRADE CONDITIONS.
Trade Better This Week—No Improvement in
Prices—Some Reigning Hits of the Season.
While business is not what it should be with
the publishers, at the same time an improvement
over last week's report is acknowledged. There
is a weakness in the market that is a factor at
the present time as a matter of imagination
only, with the strong firms paying little if any
attention to the efforts of the "skippers" to flavor
conditions unfavorably. It is certain an unex-
pected strength has developed, and that sales
will remain at a rate entirely satisfactory.
On the question of prices no special improve-
ment can be noted, and there is likely to be no
change for some time to come.
With the reigning hits, "The Mocking Birds
Are Singing in the Wildwood," a ballad melody
of unusual sweetness and charming sentiment,
and "Waiting at the Church," a distinct departure
from the average songs of this kind—though of a
positive English art method—are making record
marks. Other numbers are "looking good," and
jobbers are governing themselves accordingly.
On the run of things in general a publisher
remarked: "This week, I am glad to say, a
brighter light is showing. Sales at the home
office and on the road are better, and we have
every reason to believe the situation will im-
prove."
A publisher of higher-grade music observed:
"We are ahead of last year's business by a com-
fortable percentage; at the same time fewer new
publications are issued. There is no special
reason for this, excepting that the attempted
marketing of too many new works—whether
songs, cantatas or the more serious compositions
—is, frankly, a waste of effort. In our line just
so much of meritorious stuff can be digested;
beyond that it is a matter of speculation. In-
digestible material, as you know, is neither profit-
able or uplifting in a publishing sense."
THE SONG WHITING CONSULAR OFFICER.
The appointment by President Roosevelt of
James W. Johnson, one of the well-known colored
team of writers of Cole & Johnson Bros., as Con-
sul to Caracas, Venezuela, was no great surprise
to those of his intimates who know the man's
intellectuality and scholarly training. Mr. John-
son has been prominent in New York politics
for some time as president of the Colored Repub-
lican Club of the city. In this connection he
has been afforded many opportunities of meet-
ing the prominent men of the party. Mr. John-
son enters upon his new duties shortly, and will
sail for Venezuela within a fortnight. He does
not intend in any way to give up his literary
work; on the contrary, he is more ambitious
than ever to write songs. He has already com-
pleted his share of the book of the "Shoo-fly Regi-
ment," an elaborate musical production, which
his brother, Rosamond Johnson, and Bob Cole
(comprising the theatrical firm of Cole & John-
son) will star in September, under the manage-
ment of Melville B. Raymond. About ten mu-
sical numbers in the "Shoo-fly Regiment" are
completed, and promise to equal anything Cole
& Johnson have ever written in the way of songs.
AGES OF GREAT COMPOSERS.
Vesta Tilley's Soi\g Hits
u
93
100
C
o
CO
FRANCIS, DAY & HUNTER, 15 West 30th Street, NEW YORK
France's leading composer, Saint-Saens, is 71
years old; Massenet is 64, Goldmark 74, Max
Bruch 68, Grieg 63, Sgambati 63, Humperdinck
52, Rimsky-Korsakoff 59, Bolto 64, Mascagni 43,
Leoncavalo 48, R. Strauss 42, Elgar 49, Puccini
48, Faure 61, Chadwick 52, Hahler 46, Moszkow-
ski, 49, MacDowell 45, D'Indy 55, D'Albert 42.
Publishers of experience say that it takes at
least three months before a song commences to
catch on. Then there must be no cessation of
energetic exploiting, or else the headway gained
will be lost.