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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.
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