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THE MUSIC TRADE REVIEW
new organ catalogue, embracing full information
of their latest models, will be issued in about
two weeks' time. Business is fair, but not any-
thing like what it should be at this period.
;
Business Continues Quiet—Unscrupulous Business Methods Condemned—Copyright Suit of In-
-
terest to Talking Machine Men—The Senior Mr. Eavestaff to Retire—Farrand Co.'s New
Catalogue—Well Known Musical Comedy Writer Passes Away—Exhibitors at the Dublin
Exposition—Lipp & Sohn's Handsome Display of Instruments—Lederer Retires—Increasing
Cost of Piano Supplies Discussed—Copyrighted Music in Sheet Form—Opera Season Opens
—Still Another Piracy Case—Prizes by Mark Hambourg—Other Items of Interest.
(Special to The Review.)
Review Office, 69 Basinghall Street,
London, E. C, April 23, 1907.
When I write these lines trade is at a stand-
still in London, while in the provinces conditions
are almost as bad. It does seem that the trade
is imbued with a feeling of pessimism conse-
quent upon the travelers' reports and depleted
order sheets, the result of which finds vent in the
absurd statements that the pianoforte industry is
a good proposition during only a few months of
the year; and this canard is rapidly spreading
among dealers of the better class, who have, to
the present, exclusively handled pianos only.
Now, they say, we must live, and how shall we
do it? The question is revolved over and over,
and the answer, in too many cases unfortunately
comes in the suggestion to resort to methods of
trading which can be classed only as "unscru-
pulous." Temptation makes many a thief. Bad
trade soon finds out the man lacking with princi-
ples, and it is evident in the many who
jeopardize a good reputation, perhaps, by one
shady deal. The part exchange of second-hands
for new instruments is often a source of mischief
when the dealer is of the above class. The sec-
ond-hand bears perhaps a well-known name. The
case can be polished and worked up to practically
a new appearance, but the inside is beyond re-
pair; it is done for. What doas the dealer do? Just
puts in new works of an inferior make, costing a
very few pounds, and then at a good profit re-
sells the faked piano as the make of the particu-
lar name stamped thereon! And this is but one
of the many tricks reputable manufacturers suf-
fer from. Then again, the English field is so
overrun with second-hand and cheap new instru-
ments as to be a real and dangerous menace to
the trade at large. Yet it seems nothing can be
done to remedy these evils, principally for the
reason that there is no cohesion with the manu-
facturers who are undoubtedly the ones to make
an effort to moderate the many unfair practices
adopted by the smaller fry to cheapen the influ-
ence of their name and the quality of their
pianos.
Curious and Interesting Copyright Case.
The question whether songs reproduced by
means of phonographic records come within the
copyright act was raised and decided in the ac-
tion of Newmark vs. The National Phonograph
Co. and the Edison Manufacturing Co. The alle-
gation of the plaintiff, Mr. Isadore Newmark,
professional music hall singer, was that the de-
fendant companies by reproducing the music of a
song (of which he was the owner of the words
and music) upon a large number of phonographic
records, which they had sold, had been guilty of
a contravention of the copyright act. He conse-
quently asked for an injunction, and claimed
damages at the rate of 40 shillings for each per-
formance of a particular song. Mr. E. H.
Coumbe (for the plaintiff) said that his client
was owner of the music and words of the song
entitled "The Paralytic Hotel," which was a popu
lar selection at the pier heads of such places as
Margate and Ramsgate, etc. He read the chorus,
prefacing with the apology that perhaps it would
sound somewhat foolish in the cold atmosphere
of the court:
"Sweet and bitter is the memory—
Decidedly such things ought not to be.
Oh', my dear, kind people, we never shall forget
That Paralytic Hotel by the sea."
Although this might not sound very amusing
(counsel said) as he had rendered it, yet the
song was a source of great merriment in certain
music halls. Plaintiff, however, found that the
gong had been "lifted" by the National Co. in the
sense that some one had learned the words and
sung them into the machine for the defendant
company, who sold the wax cylinders bearing its
impression. The consequence was that the song
had been "blown," the plaintiff could not now
go to a music hall manager and offer the song as
a "hit," because the latter could say that he had
heard it before. As a matter of fact, the defend-
ants now possessed "a vocal shorthand record"
of the song in their wax cylinders, which, coun-
sel argued, was a "copy" of the song within the
meaning of the act. Mr. Liversidge, on behalf
of the Edison manufacturing Co., Ltd., explained
that this company was not a manufacturing com-
pany, but one with nominal capital only, and
existed simply for the reason of keeping its
name. This statement was accepted on behalf of
the plaintiff. Mr. Coumbe said that according to
the defendants' contention they had a right to
pirate a song in the way indicated, and repro-
duce it through the medium of the phonograph.
He, on the other hand, argued that the phono-
graphic record was not mechanical music as un-
derstood by the act. Plaintiff in the witness box
said that a friend of his bought a cylinder of the
song in question, and witness found it out on
a phonograph. Being on a phonographic record,
it became valueless to him. Mr. Scrutton, K.C.,
argued that the record on the cylinder was not a
"copy" within the meaning of the act. That had
been decided in the case of "Boosey vs. White,"
where the court held that a perforated roll was
not a "copy" of a song. There was no evidence to
show that the defendants had performed the song,
and selling the cylinder could not be held to be
causing the song to be sung or performed in pub-
lic, and he submitted that the defendants had a
perfect right to sell the records for private per-
formances, which did not constitute an infringe-
ment of copyright. His lordship said it was clear
that this was not a case which came under the
copyright act. The records could not in any
way be regarded as a sheet of music, and as a
result there must be judgment for defendants
with costs.
Changes at W. G. Eavestaff & Sons.
At the old pianoforte establishment of W. G.
Eavestaff & Sons, there are several changes in
view. Mr. C. Eavestaff spoke as follows: "My
esteemed father, now over ninety years of age,
and who has been in this business nearly seventy-
six years, is shortly retiring from active service,
and placing his interests in my hands. This will
not make any material difference as far as the
outside business is concerned, but I and my
brother, as partners, will close down at the old
address in the near future and take more adapt-
able and commodious premises in Baker street,
W. We find our best business," continued Mr.
Eavestaff, "in the colonies. We do a good all-
the-year-round trade in New Zealand, Australia,
South Africa and other countries abroad, and
shall in the future give increased attention and
service to the home trade, which has of late been
less hopeful than a few years ago. Mr.
Eavestaff, Sr., is one of the old school, and being
the oldest living member in the pianoforte in-
dustry (what a lot there are!) he is naturally
overflowing with a large fund of reminiscences
of the early days when pianos fell far short of
the present day state of perfection. His princi-
ple of construction, however, has practically been
the same right through. I hope to induce him
to favor us shortly with particulars of some of
his many interesting experiments which have
led up to an instrument which to-day is one of
the best.
Farrand Organ Co.'s New Catalogue.
The Farrand Organ Co. announce that their
Metzler & Co. None Too Brisk.
'
Metzler & Co. say they are none too brisks'
which is similar to reports from many others, j
Noted Artists to be Heard.
, .-
For the concert, which is to be given by the
Worshipful Company of Musicians on April 23 at
the Mansion House, in aid of the Lord Mayor's
Cripples' Fund, a most attractive program has
been arranged, including such artists as Sir Fred!-
erick Bridge (director), Mme. Albani, Mme. Clan).
Butt, Mr. Kennedy Rumford and Mr. Santley. j
Season of French Opera.
\
Under the direction of Mr. Rene Debrenne a
season of French opera has been successfully
commenced at the Coronet Theater, the first pres}
entation being "Le Petit Due."
j
Mme. Melba Arrives.
>
Mme. Melba was a passenger on the "Kaisei*
Wilhelm der Grosse, which arrived at Plymouth
from New York April 8. She went on to Cher-
bourg, whence she will proceed on a holiday visit
to Paris and Berlin.
j
Death of James Davis.
•
James Davis, known to most playgoers as
"Owen Hall," author of a dozen successful musi-
cal comedies, died on April 9 at Harrogate. Mr.
Davis was one of the best known personalities
in the theater land of London, and was greatly
esteemed in spite of his most extraordinary and
uncontrollable craze for adversely criticising his
confreres in the press. He was always hard up,
and money was a thing he could never keep.
Wishing to adopt a pseudonym, the condition of
his finances suggested "Owing All," and he even-
tually changes this to "Owen Hall," over which
name he wrote "The Geisha," "An Artists'
Model," "A Greek Slave," "Florodora," "The Sil-
ver Slipper," "The Girl from Kay's," "Sergeant
Brue," "A Gaiety Girl," and many other popular
musical comedies. "Owen Hall, Ltd.," the com-
pany formed to exploit his next plays, will pro-
duce "The Catherine Wheel" at the Adelphi The-
atre next September.
Bechstein at Dublin Exposition.
"Trade fair," said the manager at Bechstein's.
"The weather has not been the kind to bring peo-
ple out buying, but we expect all things to
brighten up when the sun shines. In regard to
the hall, we restarted after the Easter vacation
DISTINCTIVELY HIGH GRADE"
She CHRISTMAN
STUDIO GRAND
is the greatest success of the day.
It possesses a scale of rare ever,
ness, atone of remarkable sonority
and richness, with a quality that
is highly orchestral. Our latest
styles of Grands and Uprights
mark a decided advance in the art
of piano-making. We court inves-
tigation. Some territory still open,
CHRISTMAN SONS, Manufacturer.
PACUOBY AND OFFICE:
WAHEROOMS:
869-873 East 137th St.
35 West I4th St.
NEW YORK