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44
THE MUSIC TRADE. REVIEW
Conducted by B. B. Wilson
CONVENTION OF THE MUSIC PUBLISHERS' ASSOCIATION.
Eighteenth Annual Meeting of That Body Held at the Hotel Astor, New York, on Tuesday of
This Week with Large Attendance—President Tindale's Interesting Report for the Year—
Various Phases of Copyright Situation Receive Much Attention—Other Matters Discussed.
The eighteenth annual convention of the Music
Publishers' Association of the United States was
held at the Hotel Astor on Tuesday of this week
with over thirty members of the association pres-
ent, it being the largest attendance for several
years past, and various matters of interest to the
(publishing fraternity at large were discussed,
chiefly the various phases of the copyright situa-
tion.
The chief event of the morning session was the
report of the president, J. L. Tindale, which rep-
resented what was practically a resume of general
business conditions during the past year, espe-
cially as they affected the music publishing busi-
ness, and the progress made by the association
during that time. Mr. Tindale said:
President Tindale's Address.
would involve forfeiture of copyright unless the music
was printed on Canadian soil. Our association protested
and the law has not been passed. As to whether its failure
to pass was owing to change of administration, or whether
better counsel prevailed, no doubt Mr. Bacon of our com-
mittee appointed to look after the matter will be able to
report us later in the day.
During the present session of Congress two bills have
been introduced amending our own copyright laws, one in
particular by Representative Barchfeld. Mr. Furniss, of
our Committee on Copyright, will report to us the result of
inquiries which he has made into these matters.
England has in the meantime followed our suit and
made for itself new copyright laws. We shall hope to have
Mr. Eastman tell us something about them in detail.
I have received a prospectus from the International Pub-
lishers' Congress, including an invitation for our asso-
ciation to have itself represented at their next meeting,
to be held in Budapest, Hungary, in May, 1913. In ac-
knowledging receipt of this invitation I have stated to the
society that its representative would be welcome at our
annual conventions. It appears from this prospectus that
The 18th annual convention of our association finds the
the society lays out a very careful and comprehensive pro-
music publishing industry in the United States in a steadily
gram, including papers and discussions on various publish-
growing and flourishing condition, speaking in a general
ing topics, their discussions being held in various European
way and referring to the industry as a whole. This not-
withstanding our having passed through a year since OUT languages. A copy of the prospectus is on file for the in-
spection of any of our members who may be interested.
last meeting that has been disquieting, and in several
A moment ago I spoke of the disturbances of the past
respects has been such as to test the enduring powers of
year, and the satisfactory showing made by the music
our whole commercial fabric. The year just passed has
publishing business as compared with other solid and
been a year of riots, strikes and agitation. It has been a
substantial lines of industry.
year filled with legislative probing and inquisition. There
If any excuse is needed for the existence of this asso-
has been judicial, legislative and political unrest as never
ciation, or a reason why we should give it some thought
before. Our banks and bankers, and even our judges, have
and a reasonable amount of our attention, it is found in
been held up to public gnze—and in some cases con-
demned. So-called big business has been placed on the this fact, that we represent an annual turnover estimated
in round numbers at $10,000,000, an industry of growing
rack. The most dismal muckrakers, in the opinion of many,
have had their forecasts come true. Still more* is yet to importance, one worth taking care of, and one that is
keenly sensitive to the good and bad influences that affect
come, and apparently the tearing down has only begun.
the general business of the country. We are, as an asso-
We find ourselves also in the midst of another Presidential
ciation, not interested in politics, yet we are vitally affected
year, with all its distracting features doubled and already
by many questions that politicians have the handling of.
long drawn out by a new kind of primaries which in them-
Such as immigration, the labor question, the manner of
selves have had all the disturbing elements of actual cam-
our elections and their frequency—especially their fre-
paigns, without the merit of having settled anything for
quency, the judiciary and the technicalities that operate as
good. In our great central valley we have passed through
a season of flood, and the year 1912 will be remembered ,a barrier to justice, the lack of finality in court proceed-
as recording the most appalling marine disaster of all ings, the integrity of business and of business men, and
the general welfare.
time. In addition, the year has marked the failure (at
Of more direct concern to us are the laws with regard
least for a time) of friendly business overtures made by
to patents and copyrights. There is at present an agitation
our Government to the only neighbor on our northern
frontier, while the only two countries touching or ap- on foot to take from a patentee the right to establish the
selling price of his goods. In fact a bill is now before
proaching us on the south are in a state of warfare which
Congress involving this feature. As an effort to demon-
has not failed to cause anxiety here.
But we are not here to make a catalog of all the mis- strate what this would mean to a patentee, Mr. Louis F.
Geissler, of the Victor Talking Machine Co., has recently
fortunes that have happened, nor to recount the dangers
published in the trade press a statement and an argument
and mishaps that threaten our country and which inter-
that is most logical, straightforward and convincing. The
fere with its business. I have recited these things merely
demonstration shows most clearly the benefit to the buying
for a purpose. That purpose is to have us realize that
with all our shortcomings—and doubtless they are many— public where the owner of the patent fixes the selling price.
the business of our country has shown Itself to be in a It brings out in a forcible showing how such price-regula-
tion not only prevents extortion, but has an all-around
sane and solid condition. It is also to have us realize, as
an association of music publishers, that our industry is one steadying tendency, promotes business honesty, and is
good for both buyer and seller. Anyone who has not read
that can with some pride take its stand among the solid
and enduring enterprises of the country. That the busi- Mr. Geissler's statement I earnestly recommend to do so.
It is an able presentation of a matter of scarcely less in-
ness of publishing music is one which has shown stability;
that it has strength to meet the storms that blow against terest to publishers than to the talking machine trade, for
the business world, and has done so in a manner to com- whom it was intended.
pare favorably with other lines that are usually regarded
There is also included in the bill I have just mentioned
as staples and necessities. In fact music has become a
(the bill denying the right to fix prices), a compulsory
necessity to an extent that could hardly have been fore-
license feature.
One does not have to think very deep
told a generation ago. It is therefore with no little pride
nor very long to see the bearing of such a law as applied
that we can point to a year that, although a trying one
to patents. A patentee forced to license a rival manufac-
to all commercial endeavor, has found the publishing busi-
turer to use his invention—or to misuse it, as would often
ness and left it in a condition of health and progress.
be the case, would find his patent worse than confiscated.
An inventor, after laboring for years on a patent and ex-
The membership of our association continues to prac-
pending on it almost his life-blood to bring it to perfec-
tically hold its own from year to year, the new material
available for membership being from the nature of the tion, would find at the moment of final success that his
rival was entitled by law to make use of his invention
case limited. Our finances are in a comfortable condi-
for a paltry few cents royalty. It is felt that invention
tion; we have no debts, and have funds for all present
in the United States, if this became law, would receive a
needs.
very serious blow. Who would finance such inventions?
Although there have been no fatalities within our ranks
Although necessity is said to be the mother of invention,
during the year, one serious accident has been reported.
One of the esteemed and valued members of this asso- the milk that nourishes invention is the commercial reward
ciation, the White-Smith Music Publishing Co., had the that goes with exclusive control and ownership,
misfortune to be visited by fire. It is to the credit of the I have mentioned this matter of patents and compulsory
White-Smith Co., and incidentally reflects credit on oux license because it will be of interest to publishers to watch
the outcome. We ourselves are working under a copy-
association, that the company was able to have its business
right law involving this principle. It was accepted under
in full running order again in a very short space of time.
general protest, on the principle of "this or nothing." The
If sympathy or assistance were called for I am sure that
same applied to the two-cent royalty rate now paid by
this association would not be slow to come forward, but
mechanical instrument makers for the right to copy a pub-
fortunately neither seems to be needed, and the White-
lisher's hits. I believe that the time is approaching for
Smhh Co. is instead to be congratulated on having within
us to bring these matters to the attention of our law
itself the enterprise and ability to handle so grave a
makers with the view to having the injustice corrected. If
problem.
The Canadian Parliament had last year been on the it should be the sense of the association, I should be glad
to appoint a committee to draft a suitable amendment to
point of passing a new copyright law, one feature of which
be submitted to some member of Congress soon after the
coming Presidential election
While on this point, those of our members who did
service during the troublous times when the present copy-
right law was being framed—and I see here present
several who took part in those battles—such members will
recall that the chief claim of our adversaries was that if
what we asked for was granted (the composer's control
of his property), there was a great octopus known as the
Aeolian Co., who, in league with certain publishers, would
immediately close its tentacles on all the available musical
productions, leaving all other manufacturers in the lurch.
I remember one of the sessions during the hearings in
Washington, when the hour was Hearing midnight and
this alarming ghost was brought forward and insistently
held up to our view in a manner that was almost pathetic.
But time has vindicated our claims on that point. Ques-
tioning our motives at that time is shown to have been a
mistake. No such monopoly has come into existence—and
could not. We could now go before Congress with clean
hands and with a good record on this and on every point
of our previous contention. I believe that we should now
ask for an annulment of the compulsory license clause,
as confiscatory in its effect and interfering with the right
of contract—to buy and sell in the open market.
The same statement applies to the two-cent royalty clause
of the present law—it is confiscatory, unequal, it is in-
adequate compensation, unfair. For a $5 production to
pay no greater royalty than one valued at 50 cents is
certainly unbusinesslike. It is against freedom of trade.
Moreover, it is the only instance, so far as my knowledge
extends, where Congress has undertaken to fix the price of
a commodity as between the buyer and the seller. Con-
gress does not even attempt to fix the selling price of its
own bonds, that is, United States Government bonds. These
are left to adjust themselves to the fluctuations of the
market and the demands of trade. If, therefore, our 1912
convention should perform no other act than to place on
foot a movement to obtain our rights on these two points,
and to remedy this defect in a law that was grudgingly
given to us half way, I should feel that our association had
done good work,
The report of the treasurer indicated that the
finances of the association were in good shape,
while the secretary's report showed that the mem-
bership of the association had remained at about
the same number for the year.
The question of copyright, as usual, received
particular attention, and several committees were
appointed to keep track of various phases of
that question. Messrs. Furniss and Bacon were
appointed a committee to study and keep in touch
with the progress of the Canadian Copyright Bill,
which has lain dormant since the recent change
in administration in that country, while Messrs.
Tkidale, Fischer and Paull were appointed a
committee to draft amendments to the present
Copyright Law in the United States for the pur-
pose of offering same for consideration at the
proper time. The clauses that will receive the
special attention of this committee will be those
referring to the rate of royalty to be paid by
manufacturers of musical instruments and to com-
pulsory license.
The afternoon session of the convention was
Not a Hit that will die but a seller that will live
I WILL LOVE YOU WHEN
THE SILVER THREADS ARE
SHINING AMONG THE GOLD
ROGER LEWIS
F. HENRI KLICKMAN
Frank K.Root 8 Co.
CHICAGO
HEW YORK
Published by MoXlnley Muslo Oo.,