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THE
MUSIC TRADE
REVIEW
THE PROPOSED NEW PATENT LAW AND THE MUSIC TRADE
(Continued from page 7.)
patented piano rolls nave emphasized the fact that
their offerings can be used on any player instru-
ment, and manufacturers of gramophone records
have advertised that their records will lit any ma-
chine of the given type.
How the Music Trade Industry Is Concerned.
There is, however, one section of the proposed
new law which would strike the music instrument
industry a hard blow. This is the clause which
will in effect put an end to the practice of man-
ufacturers of dictating the retail prices at which
their patented products shall be sold. In certain
lines of the trade—for instance, in some classes
of player-pianos and in the entire talking machine
trade—this elimination of authority for compulsory
price maintenance would strike at the very root of
the industry—or, at least, would knock out the
whole present sales plan. It is rather interesting
to note, too, that this situation develops at a time
when foreign manufacturers and dealers, beset by
the evils of promiscuous price-cutting, have been
gazing in wonder and admiration at the system
which has enabled prominent American manufac-
turers to enforce rigidly the prices on instruments,
rolls, records, etc.
The new bill provides that any person who pur-
chases a patented article shall have the unrestricted
right to use the same, to sell it to others or to
lease it without liability to action for infringe-
ment. This means in effect that any manufacturer
of a patented musical instrument, roll or record
may sell his product in the first instance at any
price he may choose to fix, but once the article
passes out of his hands he would have no further
jurisdiction in the matter. If a department store
saw fit to buy the patented products and then re-
sold them as a "leader" at less than cost the manu-
facturer would have no means of compelling the
"cut-rate" dealer to observe the retail price fixed
by the manufacturer for such commodities. Even
if an accredited agent of the manufacturer saw fit
to openly or surreptiously shave prices the manu-
facturer would have no remedy under the patent
law. Similarly, promoters of "fire sales," auc-
tioneers of "job lots," etc., could with impunity
offer patented products at any price and under any
conditions they saw fit. In view of this letting
down of the bars for the price-slashers it will be
interesting to observe whether the new measure, if
it does become a law, will have any influence in the
direction of inducing manufacturers to open retail
branches or "chain stores" where selling prices
could presumably be better maintained than if the
goods were distributed through the regular market
channels.
or individual that endeavors to get a "'corner" on
patents without making use of its prizes. Under
the stipulations of the new bill any patent may lie
idle for a period of four years after it is first
issued, but if at the expiration of that time or at
any date thereafter the owner of the patent or
some person authorized by him is not manufac-
turing the patented invention in the United States
liitn any outsider may go to him and demand a
license to manufacture the invention. If a license
is refused the case may be carried into court and,
save in exceptional cases, the court would compel
tne issuance of a license and would furthermore
settle all questions, such as the duration of the
license, the amount of royalties, security for pay-
ment, etc., if the parties concerned cannot agree
upon these incidental details.
The bill, which has been introduced in the House
oi Representatives, goes yet farther and provides
a plan whereby any invention that affords a mate-
rial i»nd substantial improvement upon existing
practice may be placed on the market, even though
it constitutes an infringement of another or original
patent. In such cases the matter is to be referred
to a district court and if the court is satisfied that
the improvement is so important that the reason-
able requirements of the public demand that it be
made available then an order may be issued com-
pelling the owner of the original patent to grant a
license to the owner of the improvement. The
bills which have been introduced in the Senate and
House of Representatives, respectively, are in the
main duplicates of one another. They differ in
some minor respects to the House bill, being even
more radical than that introduced in the Upper
House of Congress, and these discrepancies would,
of course, have to be adjusted ere the measure
could I ecome a law.
JAPAN'S MUSICAL PROGRESS.
Opera and Philharmonic Concerts Quite a Fea-
ture in Tokyo—6,000 Pianos and 60,000
Organs in That City—Growth in 25 Years.
(Special to The Review.)
Tokyo, Japan, April 2, 1912.
Ever since Japan was opened to foreign inter-
course about fifty years ago pursuit of culture has
been going on in every direction. Even music,
though it was slow to be adopted and appreciated,
could not fail to feel the superiority of Western
art. It is a prevailing opinion among observers
that in the near future the music of Japan will be
revolutionized, if not Europeanized, through the
dominant influence of Western art. Last fall the
Other Provisions of New Bill.
Another important provision of the proposed Imperial Theater gave opera a trial. It was suc-
new law is designed to compel manufacturers to cessful from the financial standpoint, as it was well
supported by the general public. Since then opera
give the public the benefit of all the patents which
they may acquire. This is designed to hit those has become quite a feature of that playhouse.
monopolistic firms that make a practice of buying Philharmonic societies have been organized in
up all worth-while patents in their respective fields nearly all important cities of this country.
in order to prevent them falling into the hands of
Twenty-five years ago there was only one piano
competitors or possible competitors. It is charged in Tokyo, but now we have 6,000 pianos and 00,000
that in some industries strongly established firms organs, as well as a large number of violins, man-
thus take over patents when they have no inten- dolins, etc., and in every public and high school
tion of manufacturing tinder these patents. The European or Europeanized music is taught. Among
argument is that the general public suffers from the higher class people some of them think that a
such a policy when, as is often the case, the patent young woman ought to have a piano together with
thus "put to sleep" is for an article or a process her wedding wardrobe.
feally superior to anything already on the market,
All kinds of musical instruments, either assem-
but which the manufacturer will not promote be- bled or in parts to be assembled, are imported
cause it is to his interest to continue in the old from Germany, England and France. There is
rut—perhaps he has all the equipment for turning much competition in matters of price and quality
out the old-style product and does not relish the as in other countries.
expenditure that would be required to outfit a
plant for manufacturing under the later patent.
If you desire a man for any department of
This portion of the law is not likely to work your service either for your factory or for your
much hardship in the music trade. how r ever, be- selling department forward your advertisement
cause competition is so keen and the progressive to us and it will be inserted free of charge.
spirit is so strong that manufacturers, as a rule,
If you are a salesman, tuner or traveler, and
are only too eager to take advantage of new in- desire a position, forward your wants in an ad-
ventions that really spell progress. At the same vertisement to The Review in space not to ex-
time it is interesting to note the manner in which
ceed four lines and it will be inserted free of
the new law will attempt to circumvent the firm charge and replies sent to you.
Victor-Victrola
The Supreme instrument
in the musical world
In reaching the zenith
of musical and commer-
cial success the Victor-
Victrola has elevated the
entire musical trade and
given it a standing in
the community such as
it never enjoyed before.
It has created an ever-
growing desire for the
world's best music and
made good, steady cus-
tomers of millions of
people who otherwise
might never have ente red
a musical store. A n d
it has made those stores
the luxuriously appoint-
ed salesrooms that they
are today.
The Victor - Victrola
has become the dealer's
most v a l u a b l e asset,
adding to his prestige
as well as to his profit;
and as the years roll on
greater Victor - Victrola
successes are clearly fore-
s h a d o w e d , in which
every dealer can profita-
bly share.
Victor Talking Machine Co.
Camden, N. J., U. S. A.
Berliner Gramophone Co., Montreal,
Canadian Distributors.
Always use Victor Records played with Victor
Needles—there is no other way to get the un-
equaled Victor tone.