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THE
MUSIC TRADE
REVIEW
THE PRESENT BRITISH COPYRIGHT SITUATION.
Bill Now Up for Final Reading with Important Amendments Added—The Questions of Royalty
and License Still Open—Some of the Latest Developments—What the Opposition Has to Say.
(Special to the Review.')
London, Eng., Aug. 17, 1911.
The progress of the copyright bill, now before
the House of Commons, has been carefully watched
by the manufacturers of player-pianos, perforated
music rolls, orchestrions and other automatic mu-
sical instruments, as well as by the makers of talk-
ing machines. These various branches of business
are co-operating in having their amendments to the
bill accepted by the Hon. Sidney Buxton, chairman
of the Board of Trade, under whose auspices the
measure was framed as reflecting the position of
the Government. The various Parliamentary stages
in which the bill has been considered were reported
in The Review from time to time. Just now its
progress may be halted by the present labor
troubles in England, but after they are disposed of
the bill will probably be placed "on passage.
Standing Committee A appointed by Parliament
to examine the provisions of the Copyright Bill
has now concluded its deliberations, and the measure
has been read a second time. It is now but subject
lo the report stage, or third reading (now proceed-
ing), in Parliament prior to being placed on the
statute book. No very serious opposition to the
main provision is anticipated, but that part of the
bill relating to mechanical instruments is not ex-
pected to pass without some amendment, even
though it may be comparatively unimportant as far
as the fixed basis of this section is concerned. In
contrast to the 1910 bill, as originally framed, it
must be admitted that the acceptance in committee
of Sidney Buxton's amendments thereto, has pro-
duced a general feeling of relief, although the pres-
ent measure is not entirely to the satisfaction of
British player, music roll and record manufac-
turers.
In effect the 1910 bill left open the question of
license, royalty terms and record copyright, and it
was also retroactive. For the past few months
leading members of this trade have been actively
engaged in fighting these unjust proposals, and that
they have succeeded in their efforts, if only par-
tially, to bring Mr. Buxton to realize the damage
which his original measure would have inflicted
upon an established industry is revealed in the
following provisions (which include Mr. Buxton's
amendments) as to mechanical instruments (clause
19, par. 1) :
Provided that if at any time after the expiration of
seven years from the commencement of this Act it ap-
pears to the Board of Trade that such rate as aforesaid
is no longer equitable, the Board of Trade may after hold-
ing a public inquiry make an order either decreasing or
increasing that rate to such extent as under the cir-
cumstancts may seem just, hut any order so made shall
be provisional only and shall not have any effect unless
and until confirmed by Parliament; but where an order
revising the rate has been so made and confirmed no
further revision shall be made before the expiration of
fourteen years from the date of the last revision.
(4) If any such contrivance is made reproducing two
or more different copyright works and the owners of the
copyright therein are different persons, the sums payable
by way of royalties under this section shall be appor-
tioned amongst the several owners of the copyright in
such proportions as, failing agreement, may be determined
by arbitration.
(5) When any such contrivances by means of which
a musical work may be mechanically performed have been
made, then for the purposes of this section the owner of
the copyright in the work shall, in relation to any person
who makes the prescribed inquiries, be deemed to have
given his consent to the making of such contrivances if
he fails to reply to such inquiries within the prescribed
time.
(6) For the purposes of this section the Board of Trade
may make regulations prescribing anything which under
this section is to be prescribed and prescribing the mode
in which notices are to be given and the particulars to be
given in such notices, and the mode, time and frequency
of the payment of royalties, and any such regulations may,
if the Board think fit, include regulations requiring pay-
ment in advance or otherwise securing the payment of
r0y
MO?)iFICATIONS AND ADDITIONS SI'KCIKIKD.
(7) In the case of musical works published before the
commencement of this Act the foregoing provisions shall
have effect, subject to the following modifications and
additions: (a) The conditions as to the previous making
by or with the consent or acquiescence of the owner of
the copyright in the work, and the restrictions as »to
alterations in or omissions from the work, shall not apply.
(f>) The rate of two and one-half per cent, shall be sub-
stitued for the rate of five per cent as the rate at which
royalties are to be calculated. (c) Notwithstanding any
assignment made before the passing of this Act of the
copyright in a musical work, the royalties aforesaid shall
be payable to and for the benefit of the author of the
work or his legal personal representatives, id) The sav-
ing contained in this Act of the rights and interests
arising from or in connection with action taken before
the commencement of this Act shall not be construed as
authorizing any person who has made contrivances by
means of which the work may be mechanically performed
to sell any such contrivances, whether made before or
after the passing of this Act, except on the terms and
subject to the conditions laid down in this section, (b)
Where the work is a work on which copyright is con-
ferred by an Order in Council relating to a foreign coun-
try, the copyright so conferred shall not, except to such
extent as may be provided by the Order, include any
rights with respect to the making of records, perforated
rolls, or other contrivances by means of which the work
may be mechanically performed.
(S) Notwithstanding anything in this Act where a
record, perforated roll, or other contrivance by means of
which sounds may be mechanically reproduced has been
made before the commencement of this Act copyright shall,
as from the commencement of this Act, subsist therein in
like manner and for the like term as if this Act had
been in force at the date of the making of the original
plate from which the contrivance was directly or in-
directly derived.
Provided that—(i) The person who, at the commence-
ment of this Act, is the owner of such original plate shall
be the first owner of such copyright; and
(ii) Nothing in this provision shall be construed as
conferring copyright in any such contrivance if the*
making thereof would have infringed copyright in some
other such contrivance if this provision had been in
CONDITIONS OF USING COPYRIGHT MUSIC ON
force at the time of the making of the first-mentioned
ROLLS.
contrivance.
19. (1) Copyright shall subsist in records, perforated
(9) In the case of contrivances reproducing more than
rolls, and other contrivances by means of which sounds
one separate musical work in which copyright subsists, the
may be mechanically reproduced, in like manner as if royalty payable in respect of each such work shall in no
such contrivances were musical works, but the term of
case be less than a halfpenny.
copyright shall be fifty years from the making of the
•CLAUSE 23 IS IMPORTANT.
original plate from which the contrivance was directly
If it appears to His Majesty that a foreign country
or indirectly derived, and the person who was the owner
does not give, or has not undertaken to give, adequate
of such original plate at the time when such plate was
protection to the works of British authors, it shalf be
made shall be deemed to be the author of the work, and
lawful for His Majesty by Order in Council to direct
where such owner is a body corporate the body corporate
that such of the provisions of this Act as confer copy-
shall be deemed for the purposes of this Act to reside
right on works first published within the parts of His
within the |>;irts of His Majesty's dominions to which this
Majesty's dominions to which this Act extends, shall not
Act extends if it has established a place of business within
apply
to works published after the date specified in the
such parts.
Order, the authors whereof are subjects or citizens of
(2) It shall not be deemed to be an infringement of
such foreign country, and are not resident in His Majesty's
copyright in any musical work for any person to make
dominions, and thereupon those provisions shall not
within the parts of His Majesty's dominions to which this
apply to such works.
Act extends records, perforated rolls, or other contriv-
At the last committee meeting, when Mr. Buxton
ances by means of which the work may be mechanically
performed, if such person proves—(ci) that such contriv-
moved
his amendments, the discussion which fol-
ances have previously been made by or with the consent
or aquiescence of, the owner of the copyright in the lowed was very interesting.
work; and (b) that he has given the prescribed notice of
Mr. Barnes moved an amendment to the effect
his intention to make the contrivances, and has paid in the
prescribed manner to or for the benefit of the owner of
the copyright in the work ' royalties in respect of all that the provisions of the clause regarding tuc
such contrivances soli! by him, calculated at the rale
mechanical contrivance should only apply to works
hereinafter mentioned:
published after the passing of the act. He said
Provided that—(i) nothing in this provision shall au-
thorize any alterations in or omissions from the work repro-
that the committee had made provisions to safe-
duced, unless contrivances reproducing the work subject
to similar alterations and omissions have been previously
guard authors in the future. If the clause were
made by or with the consent or acquiescence of the owner
carried out as proposed by Mr. Buxton it would
of the copyright or unless such alterations or omissions
are reasonably necessary for the adaptation of the work to
go against the interests of the people engaged in
the contrivances in question; and
(ii) For the purpose of this provision a musical work
the manufacture of mechanical instruments. In
shall be deemed to include any words so closely associated
the second place, it would be against the interests
therewith as to form part of the same work, but shall
not be deemed to include a contrivance by means of which
of these into whose humble homes these con-
sounds may be mechanically reproduced.
trivances would be introduced. It would be con-
(3) The rate at which such royalties as aforesaid are
to be calculated shall—-
trary to practice, to authority, and to their own
SCHh'DULK OF ROYALTY CHARC.KS.
(a) In the case of a contrivance sold within two years interests to make the operation of the act retro-
after the commencement of this Act by the person making
spective. Such a course would be contrary to the
the same be two and one-half per cent.; and
(b) In the case of contrivances sold as aforesaid after
Berlin convention, and to the action of other coun-
the expiration of that period five per cent, on the ordinary
tries.
retail selling price of the contrivance, so however that
the royalty payable in respect of a contrivance shall in no
case be less than a halt-penny, and where the royalty
S. Buxton said that the attitude of the Berlin
calculated as aforesaid includes a fraction of a farthing
convention and the action of other countries was
such fraction shall be reckoned as a farthing.
in favor of the operation of the act being retro-
spective. (And yet other countries, notably Ger-
many and the United States, have legislated upon
non-retroactive lines.—Ed.)
Royalty is payable only on rolls, etc., made and
sold after the act comes into force.
Mr. Higham said that hundreds of thousands of
rolls, etc., were already in stock in various shops,
and it was possible that inconvenience might be
caused by inspectors visiting them with regard to
the payments of the royalties.
Mr. Buxton pointed out that no rolls, etc., already
in the hands of the retailer would be affected under
iliis provision, but only future rolls, etc., sold by the
manufacturers. There was no question of an in-
quisitorial inspection. Throughout the considera-
tion of the bill, subject to the opinions he held,
he had endeavored, so far as he could, to obtain
conclusions which would be satisfactory to the
committee as a whole, and would be in the nature
of a fair working compromise, which would be
to the advantage of the author, the manufacturer
and the public. In going through the question very
carefully, he had come to the conclusion that it
would not be satisfactory to charge a royalty on
records which had already been made, but not
sold. Negotiations had taken place between the
various interests, the machine makers, composers
and authors, and it was represented to him that
those interested would prefer a royalty of 2Y2 per
cent., not only for two years, but for all time,
on existing records. He thought that proposal
would work better than any other, and the public
would not be injured. He proposed to stand by
the clause.
DATE WHEN ACT COMES INTO OPERATION.
This act may be cited as the copyright act, 1911,
and shall come into operation: (a) In the United
Kingdom on July 1, 1912, or such earlier date as
may be fixed by order in council; (b) in a self-
governing dominion at such date as may be fixed
by the legislature of that dominion; (c) in the
Channel Islands at such date as may be fixed by
the states of those islands, respectively; (d) in
any other British possession to which this act ex-
tends, on the proclamation thereof within the pos-
session by the governor.
The bill is now under consideration on the report
stage, but at the time of writing the clauses relat-
ing to mechanical instruments had not been
reached. When they will be is a matter upon
which it would be unsafe to express an opinion.
But this much may be said; there are not wanting
signs of a possibility of the bill being hung up for
the time being, owing to the pressure of other
more important ministerial measures which the
government have in hand. It might be advan-
tageous to the talking machine trade, and it might
not. Time alone will determine.
ANOTHER MEETING OF MANUFACTURERS.
At the instance of Mr. Shields, who, by the way,
has worked like a trojan in this matter, another
meeting of roll manufacturers, etc., was held July 'M.
An important statement was made to the effect that
Mr. Shields had been again instrumental in en-
Iistnig the aid of certain members of Parliament,
who had promised to put down various amend-
ments in their favor. One amendment will ask that
retroactivity be limited to works published within
two years prior to the act coming into force. In
the case of pot-pourris or medleys, another amend-
ment will suggest a minimum of Md. only for
each excerpt of an author's work. The bill as at
present framed provides for a minimum payment
in each case of Vjd., which, in the opinion of
manufacturers, would kill this class of rolls, etc.
Sir George Marks, a noted member of Parliament,
has made representations to Mr. Buxton who, it is
believed, will now grant a nine months' period of
grace in the case of matrices in hand made after
July, 1910, of existing works; that is to say, the
royalty payment of 2Vi per cent, would not come
into effect until April 1, 1913.
I. S. Dillingham, Jr., general manager of the
Tel-Electric Co., 299 Fifth avenue, New York, who
has been in the West Indies with Mrs Dilling-
ham, returned yesterday (Friday).