Music Trade Review

Issue: 1907 Vol. 44 N. 6

Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
46
THE MUSIC TRADE REVIEW
REPORTS ON COPYRIGHT BILL.
Senator Mallory, Representing the Minority,
Files Report Which Pleases Mechanical In-
strument Manufacturers—A Chat With Paul
H. Cromelin on the Situation.
(Special to The Review.)
Washington, D. C , Feb. 7 1907.
The report of Senator Kittredge on the copy-
right bill, representing the majority, was sub-
mitted yesterday. Senator Mallory, representing
the minority, presented his statement to-day and
which was signed by himself and Senators Fos-
ter and Smoot. Their position is strongly op-
posed to the bill as reported, going into details
more from a business than a legal point, and is
one that the mechanical instrument manufac-
turers believe is unanswerable, in other words,
as they express it, "a corker." As it stands the
bill is considered one of privilege, and may be
reported at any time, and its passage in some
shape or other seems a foregone conclusion.
John J. O'Connell, of Bullowa & O'Connell,
representing a number of player piano compa-
nies; G. W. Pound, attorney for the De Kleist
Musical Instrument Manufacturing Co., North
Towanda, N. Y., and the Rudolph Wurlitzer Co.,
Cincinnati, O.; Albert H. Walker, for the Con-
norized Music Roll Co., and himself, are here
looking after their respective interests.
* * *
When Paul H. Cromlin, vice-president of the
Columbia Phonograph Co., was approached on
this matter by The Review, he said: "I con-
sider this measure so important as to over-
shadow all other of our interests. I returned to
New York yesterday and will go back to Wash-
ington to-night to stay, if necessary, until the
fourth of March. The copyright bill is one of
the most, bitterly contested bills before Congress,
and I will say that its passage, inclusive of any
section inimical to the free reproduction of mu-
sic on mechanical or automatic instruments, is
improbaible, if not impossible."
NEW COLUMBIA QUARTERS.
The Columbia Phonograph Co., General, Have
Removed to the Fifteenth Floor of the New
York Tribune Building—Will Give Them
Needed Facilities to Cope With Business.
The new quarters of the Columbia Phonograph
Co., general, on the fifteenth floor of the New
York Tribune building, 154 Nassau street, New
York, to which they removed February 1, are
rapidly being arranged to suit the different de-
partments. The entire headquarter's force are
now comfortably located in these commodious
quarters, representing the rapid and marvellous
growth of this great company. When the in-
terior decorations and furnishings are completed
no company in the talking machine business will
have such sumptuous offices. Walter P. Phil-
lips, the advertising manager, has a delightful
outlook over the Brooklyn Bridge, with the re-
mainder of the executive staff gazing over the
harbor or City Hall Park for inspiration, which
is usually exact and positive if needed.
EDISON IN GOOD HEALTH.
Thomas A. Edison seemed amused at the re-
port sent out from Atlantic City on Saturday
last that he had been carried into a hotel there
on a stretcher, from a stroke of paralysis.
"I saw these stories in the papers," said Mr.
Edison, as he puffed a cigar at his laboratory In
West Orange, "but I don't think I look like an
invalid or a paralytic, and I certainly don't feel
like one. I've been here all day; in fact, I
haven't been away for a month. There is no
truth in the reports. I am still working."
It was later stated that the man who was
taken ill was H. H. Ellison, of Philadelphia.
LITTLE CHANGE IN BUSINESS.
Steady Increase Reported With Best Reports
from the West—Attitude of Manufacturers
Toward
Handlers
of Premium
Talking
Machines.
Very little if any change is reported in general
business, excepting a general and steady im-
provement, with the most favorable returns com-
COLUMBIA CO^ON 23D STREET.
ing in from the West. Jobbers carrying on a na-
Lease Quarters at 37 W. 23d Street Where
tional business, speak of conditions as very fa-
Their Stores at 353 and 853 Broadway Will
vorable and sales increasing.
be Consolidated.
The remarkable report of the Victor Talking
A lease has been effected by the Columbia Machine Co., Camden, N. J., over the signature
Phonograph Co., general, for the premises at 35- of Louis F. Geissler, general manager, has been
37 West 23d street, New York, where they will a topic of great interest, and the company have
occupy the store and basement. The present been felicitated on this indisputable and agree-
premises at 353 and 853 Broadway will be re- able evidence of prosperity and substantial
moved to this location about May 1, consolidat- growth.
Another matter that has been generally dis-
ing both places, with John H. Dorian as man-
ager and H. Cleveland running the retail de- cussed is the relations of jobbers and dealers
partment. The commercial graphophone system with the handling of premiums or scheme talk-
will be taken care of at headquarters on the fif- ing machines. These goods are almost entirely
teenth floor of the Tribune building. The new of foreign manufacture, and though they are a
Columbia store is located in the center of New distinct class of merchandise as compared with
the standard or regular lines, the proposition as
York's shopping district, between Fifth and
Sixth avenues, adjoining E. R. Dutton & Co., the worked in connection with the sale of the latter
book publishers, and opposite Stern & Bro., the is not favored by the manufacturers whose con-
fashionable department store, with other estab- tracts or "conditions of sale" are claimed to be
violated. The outcome will be watched with in-
lishments of like character and standing.
terest.
EDISON EXHIBIT SUCCESSFUL.
Display at the New York Furniture Exchange
Brings Many Prospects—Notice Issued Re-
garding Suits.
The exhibit of the National Phonograph Co. in
the New York Furniture Exchange was closed
last Saturday. Mr. Barklow, the manager, in
speaking of the venture, said: "The exhibit, in
my estimation, has been very successful, and
we have in the neighborhood of 200 prospects.
The company are very well satisfied with the
results." In conferring with C. H. Wilson, man-
ager of sales, relative to the general situation, he
said: "Business is excellent, and Mr. Edison is
still alive. You know, some d
d fool news-
paper called me up this morning and asked me
if Mr. Edison was still in the land of the living!
Well, I guess that will keep you for a while."
Mr. Pelzer judged the situation lightly and in
his usual genial way.
The company have printed the following an-
nouncement: "Jobbers and dealers in the State
of New York, against whom suits were brought
by the New York Phonograph Co., have recently
been served by registered mail with a notice
wherein that company's attorney calls attention
to a section of a code which gives him a lien
Upon his clients cause of action. This does not
effect or concern the jobbers and dealers, and no
such notice was necessary to protect the attorney
of that company, and we believe the real purpose
of the notice is to create the impression that the
New York Co. obtained a decision in its favor,
which is not the case, in fact, the suits have not
yet been brought to final hearing. The only
hearing so far has been on the motion for pre-
liminary injunction, which was denied." The
matter before the Supreme Court of Westchester
County, N. Y., Judge Keogh presiding, last week
was the taking of testimony in open court, a ref-
erence being opposed. This amounted to a read-
ing of the testimony in former cases, and which
was about completed.
COLUMBIA CHRONICLES.
Advance Catalogue of Marconi Velvet Tone
Records Placed in the Hands of Columbia
Managers.
The advance catalogue of the "Marconi Velvet
Tone" records—"wonderful as wireless"—has
been placed in the hands of the Columbia Phono-
graph Co.'s managers. They are referred to as
marking "an epoch in disc record making." em-
bodying the following telling points:
"They embody totally new ideas; are made of
a new material; are flexible, unbreakable, and
with a new surface; supply a new tone; make
possible new effects; are light—thin—weigh only
two ounces; require very little room; will repro-
duce hundreds of times; will respond to the
same needle over and over again; will stand ex-
posure to all weathers and climates; can be
mailed at small cost without danger of break-
age."
*


Edward D. Easton, president of the Columbia
Phonograph Co., general, returned Saturday last
from his tour of inspection of the company's
western branch houses, his trip extending to the
Pacific Coast. He has been away for a month,
and the tour seems to have improved his health
materially, although that is always of the most
vigorous character.
• • •
Philip Mauro and C. A. L. Massie and Messrs.
Mauro, Cameron, lewis & Massie, announce the
removal of their New York offices, for the prac-
tice of patent law, from 90 West Broadway to
the Tribune Building, 154 Nassau street, New
York, fifteenth floor.
J. O. Francis has opened, a new music store in
Moosup, Conn.
A music store has been opened by R. B. Hass-
ler in Wernersville, Pa.
Our Trade Mark looks like the dollar sign. It means dollars in your pocket
if you handle our line of
Talking Machine Supplies
We manufacture all style HORNS, CRANES, STANDS, CARRYING CASES and general supplies
HAWTHORNE & SHEBLE MFG. CO., - Philadelphia, Pa., U. S. A.
Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
THE MUSIC TRADE REVIEW
BUSINESS IS VERY^ SATISFACTORY
With
the
Publishing
Trade—Changing
Methods Help Trade—Publishers of Standard
Works Pleased With Situation—Some Draw-
backs, However, Which Are Set Forth by
One of the Craft.
With scarcely an exception business is very
satisfactory to the publishing fraternity. Trade,
as foreshadowed last week, is improving right
along. To be sure greater efforts than ever are
being put forth to expand sales, and some in-
genuity is employed to promote trade. How
much change is going on with the methods in
vogue for this purpose leading publishers of
popular music differ in their expressions for
publication. The old-time system seems to be
passing away, and another and swifter propo-
sition is taking its place, according to the best
informed on the subject. Just how the latest
schemes will succeed, time alone will tell. This
branch of the business is fertile in ideas, crack-
brained the majority of them; but occasionally
one will work out its own salvation even if it
demoralizes the trade for the nonce.
Publishers in the steady line of standard
works seldom vary their procedure, and conse-
quently what would disturb the so-called "pop-
ular" houses causes scarcely a ripple on the calm
surface of their daily routine. With them busi-
ness is also in splendid form. Their printing
plants are driven to capacity, and have been for
months. Easter music, some of the best in
years, is now enjoying the attention of publish-
ers in this class, and it may be noticed a few of
the prominent establishments, heretofore con-
fining their output to compositions of the lighter
order, are likewise announcing a number of very
meritorious publications of this kind.
Commenting upon the current situation, a
bright, clever publisher, with not even a sug-
gestion of a "grouch," remarked to The Review:
"Business is splendid, and it now looks as if
we were to have a record-breaking season. Of
course, we have a few drawbacks, but as we are
members of the Boosters' Club they cause us no
worriment—that is to say, such little matters
as cutting the heart out of prices, the idiosyn-
crasies of writers, "what our competitors are pay-
ing professional singers, the ultimate fate of the
copyright bill, the fundamental sinfulness of
rival houses, the attitude of the jobber and a few
other items too numerous to mention. Suffice it r
Vesta Victoria's New Hit
POOR
JOHN!
By the writers of
"WAITING AT THE CHURCH"
FRANCIS, DAY & HUNTER
15 West 30th Street
NEW YORK
OUR "NEW ISSUE"
PROPOSITION
Is of Interest to all dealers—we furnish
you with any quantity of our new
thematic catalogues without charae.
We publish " The Good Old U. S. A.,"
"Just a Little Rocking Chair and You,"
"Keep On the Sunny Side," and other
big hits.
Let us get In touch with you—write us.
F. B. HavUand Pub. Co.
125 W. 37th Street, New York
we are happy; at least, that is the line of talk
we hand the newspaper corps."
CHANGES IN COPYRIGHT BILL.
Provisions of Senate Bill More Favorable to the
Interests of Composers Than That of the
House—Some of the Changes Analyzed—
Chairman Currier's Statement.
(Special to The Review.)
Washington, D. C, Feb. 4, 1907.
The Senate Copyright bill (No. 8190) is more
favorable to the interests of composers, publish-
ers, etc., than that of the House (No. 25,133).
Last week's Review printed the Senate's version
of Paragraph E (formerly G) of Section 1, dia-
metrically opposed to the reading of the House
measure. Further, the Senate carries out the
same idea in the last portion of Section 4, as
follows:
"Whenever the words 'works of an author'
appear in this act they shall be construed as
having the same meaning as writings, includ-
ing in the term 'writings' all forms of record
in which the thought of an author may be
recorded, and from which it may be read or
reproduced."
This clause has been omitted entirely in the
House bill, and another change of import occurs
in Section 20 (Section 19, House), Paragraph B,
Clause 3. Then in the misdemeanor section, that
of the House is much milder than that of the
Senate, the latter reading as follows:
"Section 21. (H. 22.) That any person who
wilfully and for profit shall infringe any copy-
right secured by this act, or who shall knowingly
and wilfully aid or abet such infringement, shall
be deemed guilty of a misdemeanor, and upon
conviction thereof shall be punished by impris-
onment for not exceeding one year or by a fine
of not less than one hundred dollars nor more
than one thousand, dollars, or both, in the discre-
tion of the court."
The bill when reported in the Senate January
29 "was read twice and placed on the calendar."
In the House it "was referred to the Committee
on Patents and ordered printed." Representative
Currier, chairman of the committee, accompanied
it with an elaborate report, of which the por-
tions relating to musical compositions and the
reproductions thereof follow:
CHAIRMAN CURRIER'S ELUCIDATING COMMENTS.
"More time was given by the committee to the
consideration of this provision (formerly para-
graph D, now E) than was given to any other
provision in the original bill. A case involving
the right to reproduce by mechanical means any
copyrighted musical composition is pending be-
fore the Supreme Court of the United States,
and your committee felt that further legislation
regarding this matter should be postponed until
we can know what construction the court will
give to the existing law. Should the court sus-
tain the contention of the plaintiff in that case,
the musical composers and publishers will prob-
ably secure all they sought to obtain by the en-
actment of the provision before mentioned, and
should the court hold the other way, Congress
can then take up the question of giving further
protection to musical authors, if it deem it wise
to do so, in a separate bill.
"This was the course adopted in England last
year, when the bill, introduced by Hon. T. P.
O'Connor, dealing solely with musical copyrights,
became a law. It is but fair to say in this con-
nection that that bill did not extend the copy-
right laws of England so as to cover perforated
musical rolls used for playing mechanical in-
struments nor records used in the reproduction
of sound waves. The case now before the Su-
preme Court, to which reference has been made,
is one involving the construction of the act ap-
proved January 6, 1897, amending section 4966
of the Revised Statutes of the United States.
"This act provides that if any person publicly
performs or represents any dramatic or musical
composition for which copyright has been ob-
tained without the consent of the proprietor
thereof, he shall be liable for damages, and if
such unlawful performance or representation be
wilful and for profit such person shall be guilty
of a misdemeanor, and upon conviction be im-
prisoned for a period not exceeding one year.
Whether this act covers the reproduction of a
musical composition by any mechanical means
for the purpose of giving a public performance
is a question upon which light will probably be
thrown by the decision of the Supreme Court in
this case.
"Your committee felt that the public perform-
ance of a musical composition without first ob-
taining the consent of the copyright proprietor
should not be prohibited in all cases, but only
when the public performance is for profit. For
that reason what was known as paragraph G in
the original bill and the last part of paragraph E
in the new draft have been eliminated. The
only provision in the bill reported to the House
regarding the reproduction of copyrighted music
by mechanical means is found in paragraph E
of section 1 as it now stands. Your committee
believe that if this is enacted into law it will
simply prohibit the public performance for profit
of copyrighted music without the consent of the
proprietor by any means whatever, whether
mechanical or otherwise.
"Section 4 uses the word 'works' as the equiva-
lent of the constitutional word 'writings,' so far
as such works shall be literary, artistic, musical,
or dramatic. On no other works can Congress
give a copyright. The word 'works' is used in
preference to 'writings' in order to make the
NEW MUSICAL COMEDIES
"THE TOURISTS," by Burnside Mid Kerker
"THE SOCIAL WHIRL," by Herbert and Kerker
"THE ROSE OF ALHAMBRA," by Cook and Hornier
Complete Vocal Score and Special Numbers
Song Hits from t h e "Rich Mr. Hoggenheimer"
"DON'T YOU WANT A PAPER, DEARIE?" POKER LOVE
"BAG PIPE SERENADE," by Jerome D.Kern
T. B. HARMS COMPANY
126 West 44th St.
NEW YORK
Another Chappell Production Success.
Spring CRickeiY
Music by IVAN CARYLL and LIONEL MONCKTON.
Real Song Hits of Sam* Are:
" I Don't Know But I Guess."
" Coquin de Printemp."
"In Rotterdam.
CHAPPELL & CO., Ltd. ^ £
PUBLISHERS' DISTRIBUTING CO.
51 West 28th Street, New York
JOBBERS ONLY
We do NOT PUBLISH Music, SELLING AGENTS
exclusively.
Carry Music of all the Publishers. W« solicit the
Sheet Music Business of Dealers throughout the country.
Orders properly taken care of and goods promptly shipped.

Download Page 46: PDF File | Image

Download Page 47 PDF File | Image

Future scanning projects are planned by the International Arcade Museum Library (IAML).

Pro Tip: You can flip pages on the issue easily by using the left and right arrow keys on your keyboard.