Classic Mode

Music Trade Review

Issue: 1908 Vol. 47 N. 2

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10
THE
MUSIC TRADE
REVIEW
Particulars of Important Musical Copyright Case Which Came Before the Courts Recently in
London—Old Question as to Infringement by Use of Perforated Music Rolls and Talking
Machine Discs Discussed—Decision Reserved.
(Special to The Review.)
,
Review Office, 69 Basinghall Street, E. C.
London, Eng., June 29, 1908.
A most important musical copyright case was
recently brought before the courts here. James
Connor, of Neal street, Shafteshury avenue, ap-
peared before Sir Albert De Rutzen in answer to
two adjourned summonses, charging him with
offering for sale pirated copies of a musical work,
namely, a perforated music roll and a talking
machine disc, each being a reproduction of the
pianoforte accompaniment of a song called "The
Bandolero."
R. D. Muir appealed on behalf of Messrs. Chap-
pell & Co. in support of the summons; Mr. Scrut-
ton, K.C., and George Elliott (representing the
Orchestrelle Co.), and Travers Humphreys (rep-
resenting the Gramophone Co.) defended.
The summons before the court related to the
perforated music roll. It was explained at the
previous hearing that the roll in question was
offered for sale by the defendant in accordance
with arrangements made by the solicitor for the
prosecution, for the purpose of raising an im-
portant public question.
Frederick Mabe, an agent of the Musical Copy-
right Association, recalled and cross-examined by
Mr. Scrutton, said he agreed that the perforated
roll was part of an instrument to produce tunes.
He did not think that if one of these rolls was
given to anybody they could tell what tune it
was, except by seeing the name on it. So far
as witness knew, the association had never taken
proceedings in respect of a barrel-organ.
Mr. Scrutton—Do you think the barrel of a
barrel-organ is a copy of music?—I cannot say.
I should think not.
Do you think this roll is a copy? Yes.
Why? What is the difference? Each is part
of a mechanical instrument which produces a
tune.—This (the roll) is sold with a name on it,
and sold as being composed by Leslie Stuart.
These rolls are never sold in the streets in
the ordinary way?—No.
And you have taken no proceedings against
the people who are selling them openly in the
shops?—No.
In re-examination, witness said he had never
heard of the barrels of barrel-organs being sold
to the general public or used to produce music in
drawing-rooms.
E. M. Goodman, a director of Chappell & Co.,
gave formal evidence of his firm being the' pro-
prietors of the copyright of "The Bandolero."
Mr. Scrutton handed witness a perforated roll,
which witness said purported to be a copy of
Andante in E minor.
Supposing the label has been put on wrong,
can you tell me what it is a copy of?—Not with-
out studying the matter. With some trouble I
could do it. I understand it can be read.
Replying to further questions, witness said his
firm had nothing to do with the proceedings
taken last year against the Edison Co., which
went to the High Court and failed.
Percy Beecher, solicitor to Messrs. Chappell &
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Co., said he had had the roll in question played
by a mechanical piano player, and had also had
the music played in the ordinary way on a piano.
It was the same, note for note.
Mr. Muir read correspondence which had passed
between the witness and the solicitors to the
Orchestrelle Co., with the object of refuting the
suggestion made at the previous hearing that the
way in which the proceedings had been instituted
amounted to an abuse of the process of the court.
Mr. Scrutton said he thought, the term "abuse
of the process of the court" was too strong, and
he desired to withdraw it in view of the fact that
Mr. Penwick appeared to have approved of the
issue of the summons. Counsel proceeded to
argue that the summons could not serve any
useful purpose, and that there was no foundation
in law for it. These perforated rolls had been
openly sold in shops for years, and if it was
thought that the Act of 1902 altered the Act of
1842, as interpreted by Boosey & White, why
were not proceedings taken in the High Court?
If the prosecution did not think that, but only
thought they could deal with copies sold in the
streets, then no purpose was served by the pro-
ceedings, because it was admitted that the rolls
were not sold in the streets. He submitted that
the court was bound by the decision of the Court
of Appeal in the case of Boosey & White, and
that upon the construction of the statute devices
to put into a mechanical instrument for procur-
ing the performance of a song were not copies
of the song within the meaning of the Act.
Mr. Muir, replying, said that if it should be
decided that a perforated roll was a pirated
musical work it would be possible to apply to a
magistrate, who would be at liberty to authorize
a constable to seize any such rolls which were
being offered for sale and bring them before him.
The object was not to inflict any loss upon re-
spectable companies dealing with such things,
but to enable them to buy the exclusive right,
to sell particular songs, and to punish by means
of forfeiture of copies other persons who sold
them.
The magistrate said he would take time to
consider his decision, and the summons was ac-
cordingly further adjourned for a fortnight. The
case with respect to the talking machine disc was
not gone into.
CONRAD KREITER'S EUROPEAN TRIP.
(Special to The Review.)
Milwaukee, Wis., July 8, 1908.
Conrad Kreiter, president of the Kreiter Piano
Co., left yesterday for an extended trip abroad
and will not return to this city until early in
September. Mr. Kreiter will make it a special
point to visit and inspect all the leading piano
factories in France and Germany. Robert Weg-
ner, of the Racine branch of the company, will
look after affairs at the factory during Mr.
Kreiter's absence.
ENGLAND CO. ASSETS TO BE SOLD.
E. Parsons, trustee in the matter of the Eng-
land Piano & Organ Co., of Houston, Tex., bank-
rupts, has been directed to sell at public or pri-
vate sale all the property belonging to this estate,
including claims, notes and choses in action, as
well as letters patent No. 828,720, issued by the
United States Office, it being the intention to sell
the entire property except the real estate. The
sales take place Wednesday, July 15, at 22d and
Railroad streets, Houston Heights, Texas.
NOTES BUSINESS BETTERMENT.
H. N. Jewell & Sons, who handle the Cable,
Conover, Kingsbury and Wellington pianos, as
well as the entire W. W. Kimball Co., Foster-
Armstrong and Farrand lines in Antigo, Wis., re-
port that the closing of the Republican conven-
tion in Chicago was marked by a substantial
increase in trade, and with the uncertainty over
at the Democratic convention at Denver, a fur-
ther improvement is looked for by their house,
as the rural population appears to take a de-
cided interest in the political situation and are
not in a buying mood until all the nominations
are settled.
NORRIS NOISELESS AXIOMS.
No.
CCX.
"A character, like a kettle, once mended, al-
ways wants mending." The way to avoid this
painful operation of character mending is to be
sure that the pianos which you sell contain the
Norris Noiseless pedal action, made by the Norris
Noiseless Pedal Action Co., Boston, Mass. They
add to the reputation of the piano and the char-
acter of the dealer handling instruments contain-
ing this device. Through their use the old
squeaking, nerve-racking pedal mechanisms which
did so much to make the piano unpopular, have
been effectively routed, and friendly relations,
all tending to keeping one's character undefiled,
have been established between the dealer and his
customers.
SPECIAL PRICE ALLUREMENTS.
C. E. Kay, manager for Sherman, Clay & Co.
in Bakersfield, Cal., is combating the allurements
of special prices offered by local competitors with
the following strong advertising talk: "To buy
an inferior make is just like throwing so much
money away. A strictly first-class article cannot
consistently be sold below cost, hence we have
never in our forty-one years' piano business had
to give special reduction sales on various pre-
texts; our prices are always the lowest, consis-
tent with first-class quality."
G. A. Young has purchased the interest of his
partner, J. T. Young, in the Emporia Music
House, Emporia, Kan.
HUMANA
The LAUTER-HUMANA has
been put to the severest tests
to which it is possible t o put a
playerpiano. I t has gone into
hundreds of homes along the
Jersey shore—where the humid-
ity is excessive almost con-
stantly. In no instance, despite
the enormous number out, has
it failed to give complete satis-
faction, even under the most
adverse condition.
The LAUTER-HUMANA is a
thoroughly tested-out instru-
ment ; it docs not give trouble.
Fullest details on request.
LAUTER CO
NEWARK. N£WJ£RS£Y
Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
THE
MUSIC TRADE
REVIEW
Excessive Heat Knocks Bottom Out of Business—Advertising of Gimbel Bros, and Cunningham Co.
Enlivens Monotony—Both Conducting Special Sales—Advertising Worth Noting—Estey Co.
Receive Good Results from Window Puzzle-—Heppe Will Have a Grand Ready for Fall Trade
—Chance for Salesman at Henry F. Miller Co.—Herzberg House Reports Good Sales of
Kranich & Bach and Mehlin Pianos—Business Situation Reviewed.
Fischer stock, unfortunately for the Cunningham
house, they were ill-prepared and in a very short
time they cleaned up not only the few pianos
they took over from that stock, but also every
other second-hand piano they had in the place
and turned to various other sources for supplies.
During this same sale the Gimbel house did a
phenomenal business, something in the neighbor-
hood not very far distant from $50,000. It was
probably this success that induced them to take
up this new offer.
'
F. J. Heppe was in New York on Wednesday
and Thursday of last week.
C. J. Heppe & Son's business has been fairly
good on out-of-town sales particularly. The
abundant crops of all kinds have pleased the
farmers so much that they have already began
to be felt in the market.
The Estey Co. have removed the clock which
they had in their window for about ten days and
found it the most profitable advertising scheme
they have ever tackled. Thousands of answers
by way of solution were received, and prizes will
shortly be awarded.
Chauncey De Long, of the Estey selling force,
will shortly go to Blanchard, Pa., where he will
remain until September. Mr. De Long has a
farm there where he delights to spend a part of
his summer.
Newton Cornelius, of the selling force of F. A.
North & Co., has gone to his old home in New
Berlin, Pa., for a short vacation.
D. E. Woolley has sent his family to Pleasant
Beach, Maine, where he will join them for three
weeks shortly.
The Heppe house are having a number of
The Cunningham Piano Co., not to be outdone Heppe grands built for their fall trade. This
by their competitors, with whom they recently is the first time that the Heppes have placed a
shared in the disposition of the stock of the grand on the market, and they are very much
Charles H. Fischer Co., secured the stock of the pleased with the idea and feel sure that they
defunct E. T. Lumpkin & Co., and advertised it will have a ready sale for this new product. For
as follows:
the present they will build but one style, a baby
" 'Tis an 111 Wind That Blows Nobody Good.'
grand, but later may build several sizes.
"Prominent Baltimore Piano House fails with
Henry F. Miller & Sons Co. are looking for a
Philadelphia manufacturer as the largest credi- good live salesman. The firm have had about all
tor. Stock of high-grade pianos of B. T. Lumpkin they could do during the summer, and have
& Co. to be sold in Philadelphia. E. T. Lumpkin probably felt the business depression, less than
& Co., 209-211 N. Liberty street, Baltimore, one any of the other firms, being peculiarly situated
of that city's well-known piano houses, have in having on their staff so many music teachers
failed. The Lumpkin house occupied an hon- who throw all the business possible their way.
orable position in the Baltimore trade, E. T.
That business in Philadelphia is not quite as
Lumpkin, before his entry into business several bad as some of the firms would have you believe,
years ago, having been connected with some of
is shown in the fact that very few men have
Baltimore's most prominent houses, Mr. Lump- been laid off during the summer, and in only a
kin belongs to one of Maryland's oldest and most fev instances have salaries been reduced, but
substantial families, his grandfather having several of the houses have gotten around the
served two terms as Governor of that State. The dull period by asking their men to take vacations
late condition of the money market put the of a little longer duration than usual, which they
Lumpkin house in a bad way—thus the failure. seem willing to do, since the very hot weather
The Lumpkin house bought more heavily of Cun- seems to be continuing on.
ningham, Girard and Opera pianos than any
Gustav Herzberg & Son report several good
other makes handled, consequently we are to-day sties within the month of both Kranich & Bach,
the Lumpkin Co.'s largest creditors. When the Mphlin and Straube and are making a desperate
concern failed they were heavily stocked with fffort to clean up as much as possible so that
our goods. These pianos were partly paid for—
they can begin the fall trade with an entirely
some nearly all paid for—and Philadelphia buy-
new stock.
ers can take their pick by paying simply the
balance owed by the Lumpkin Co. on that par-
REINHARD KOCHMANN REMOVES
ticular instrument. Why did we not sell these
pianos in Baltimore? Why bring them to Phila- To New Quarters at 281-283 E. 137th Street—
delphia? Our representative went to Baltimore
Secures Additional Floor Space—To Add New
for the purpose of selling the pianos then and
Styles the Coming Fall.
there, but decided, after due investigation, that
Baltimore industrial conditions did not compare
Reinhard Kochmann, manufacturer of modern
with Philadelphia conditions, so we decided to pianos, has moved from 553-555 East 140th street
bring the pianos back home and give our own to 281-283 East 137th street, which building Is
people the benefit."
more modern in equipment and offers additional
Both of these offers have been the subject of floor area, which Mr. Kochmann has needed for
much discussion. It is to be noted, too, that both some time past to facilitate the handling of his
firms have been doing fairly well, in spite of the increasing business. There was no cessation of
business during the interval of moving and Mr.
hot weather.
Recently when these two firms advertised the Kochmann expects to have his new plant in
(Special to The Review.)
Philadelphia, Pa., July 7, 1908.
The excessive heat of the past few weeks has
simply killed what little piano business might
reasonably have been expected with the slight
revival of business that is to be noted along
general lines. The only stir that has been noted
during the week has been the advertising of the
Gimbel and Cunningham houses or stocks that
they have been able to get, and upon which they
are able to make a special sale.
Gimbel Brothers, several days this week, ad-
vertised full pages in all the dally papers as
follows:
"Brand new Haines Brothers, Foster & Co.,
and other pianos are here at half price or near it
because Knabe, Chickering and the Foster Arm-
strong companies united and formed a $12,000,000
company and asked us to take at once all new
pianos not to be put in the future catalog. The
upright piano that Patti endorsed and put in
her castle; the Marshall & Wendell Piano, the
Foster Piano, the Armstrong Piano, the Brewster
Piano and the J. B. Cook Piano. The first step
of the new company was to completely rid its
New York factories of pianos, in art and plain
cases, not to be re-catalogued, and Gimbel
Brothers were chosen to do the selling. The
instruments not only come from that great unit
of the combination—the Foster-Armstrong Co.—
but they are now under the guarantee and war-
ranty of the mammoth new twelve-million dollar
company, and are as surely and as safely guar-
anted as the Knabe and Chickering. Two hun-
dred new upright pianos at $150 to $250 are of-
fered in this combination."
11
"apple pie" order in less than a week. Extensive
alterations, including the laying of a new maple
floor, were made during the past week, and the
factory will be one of the most up-to-date in the
Bronx district. The new location is a most de-
sirable one, for Mr. Kochmann is surrounded by
old friends. In the building are: E. B. Bogart
& Co., Dusinberre & Co. and Valols & Williams.
Mr. Kochmann will add several new designs to
his line this fall and looks forward to a good
business.
BRINGING BUYERSJO CHICAGO.
Central Passenger Association Makes Special
Rates Over Their Territory Which Will Help
Piano Manufacturers in Chicago—Territory
Covered an Extensive One.
(Special to The Review.)
Chicago, 111., July 8, 1908.
An increase of buyers on this market next
month is in prospect through the operation of
excursion fares in Central Passenger Association
territory. These fares will be a fare and a half
from all points where the fare to Chicago is $2
or more.
The days of buying tickets and returning are
as follows:
First merchants' meeting, buying dates, August
1 to 5, inclusive. Return, August 3 to 13, inclu-
sive.
Second, August 15 to 19, inclusive. Return
August 17 to 27, inclusive.
Third, August 27 to September 2, inclusive.
Return, August 31 to September 10, inclusive.
Fourth, September 12 to 16, inclusive. Re-
turn, September 14 to 24, inclusive.
The territory of the Central Passenger Asso-
ciation is bounded as follows: Cairo, 111., thence
the Ohio River to Evansville, thence the L., H.
& St. L. Railway to Louisville, thence to C. & O.
Railway, Louisville to Kenova, thence the Ohio
River division of the B. & O. Railroad, Kenova
to Wheeling, thence the B. & O. Railroad to
Washington, Pa., thence P., C, C. & St. L. Rail-
way to Pittsburg, thence B. & O. Railroad to
Callery Junction, thence to Butler, thence the
B. & L. E. Railroad, Butler to Mercer, thence the
Penn. Railroad from Mercer through Franklin,
Oil City, Irvineton, Warren and Kinzua to
Salamanca, thence B., R. & P. Railway, Sala-
manca to Buffalo, thence the Niagara River; also
the lower peninsula of Michigan.
Also from the following territory in Illinois:
From all points on the Chicago & Eastern Illi-
nois Railroad, except south of Hillsboro. From
points on Cleveland, Cincinnati, Chicago & St.
Louis (Big Four) Railway as follows only: All
stations on Cairo division, Peoria & Eastern di-
vision, Mansfield and east thereof, also all sta-
tions on St. Louis division, Hillsboro and east
thereof; from stations on the Illinois Central
Railroad on the east of the line, Chicago to Gil-
man, Gilman to Clinton, Clinton to Cairo, inclu-
sive.
From all stations on Vandalia line east of, but
not including, East St. Louis and Decatur, 111.
AMBASSADOR TARBEAUX'S TRIP.
A. A. Tarbeaux, general traveler for the Chase
& Baker Co., Buffalo, N. Y., was in New York
last week on his way home from a seven months'
trip through the South, for his house. Mr. Tar-
beaux stated that while he did a very good busi-
ness, things as a rule are rather quiet in that
section of the country, though prospects are
bright for a heavy fall trade.
THE BALDWIN IN EVANSVILLE.
The well-known dry goods firm of Maas & Son,
in Main street, Evansville, Ind., have added a
new department to their store and are now the
local representatives of the Baldwin Piano Co.
The New Jewelry and Music Store, Newman,
111., is the latest addition to the music houses of
that town. They handle the Cable-Nelson piano
as their leader and also carry a full line of Edi-
son and Victor machines and records.

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