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48
THE MUSIC TRADE
THE CANADIAN
COPYRIGHT LAW
Some Interesting Opinions and Facts Concern-
ing the Present Law Presented in a Recent
Address Delivered by Geo. H. Moss
For a number of years American music pub-
lishing interests have taken an active part so
far as is possible in the movement for the chang-
ing and broadening of the present Canadian
copyright law, in order to give a greater
measure of protection and to provide particu-
larly for the collection of royalties for the me-
chanical reproduction of music. It is interest-
ing, therefore, that the Authors' and Composers'
Association of Canada has among its objects a
campaign to secure a new copyright bill for the
old Dominion. In this connection some state-
ments made in an address by George H. Moss,
K. C, before the Canadian Association recently
are of particular interest. He said in part:
"The Canadian lyric poet of to-day, who writes
a song, no matter how great it is, finds, I be-
lieve, considerable difficulty.in securing publish-
ers for it. If he secures a publisher, he finds it
impossible to make advantageous terms in con-
nection with the publication. He has to take
practically what he can get, and reaps but little
financial benefit from it. What is the reason for
this? It is not because his product is intrin-
sically inferior to the songs produced elsewhere.
It is simply and solely because we are living in
Canada to-day under an obsolete copyright law,
a law which was inadequate and crude at the
time it was promulgated and a law which has
entirely ceased to meet with the conditions of
modern life. It has not kept pace at all with the
rapid changes in the conditions under which we
live. Now the reason the musical publisher
looks askance at the Canadian song is because
largely the only rights that the Canadian au-
thor can give him, as to dealing in, are the rights
in the printed sheet music and in the concert
performances. The tremendous field involved
it: the reproduction of gramophone records, in
the Pianola records and all the other forms of
mechanical reproduction which have had such
a wonderful development in the last couple of
years are not preserved in any way for the au-
thor, but are under our existing law wide open
for whoever chooses to come and pick them up.
That is the condition—it is not a theory, but a
condition, and everyone knows to-day that the
mechanical reproduction side of music is com-
mercially the most remunerative, the side to
which the publisher turns for a very large part
of his profit. If the Canadian author is not
able to secure this to him because he has not
got it himself, then the publisher naturally turns
to the English or American writer.
REVIEW
MARCH-MILITAIRE
E. T. PAULL'S LATEST MARCH COMPOSITION
Companion Piece to Pershing's Crusaders March
The title, "SPIRIT OF FRANCE," is based on General Foch's life and death message to
General Joffre at the first Battle of the Marne, which is as follows: "My right wing is retreat-
ing; my left wing is broken; I am attacking with the centre."
"Spirit of France" is positively one of the greatest military march numbers ever published.
Order To-day from Your Jobber or Direct from the Publishers.
E. T. PAULL MUSIC C0 M 243 W . 42d St., N e w York
"Canada, so far as concerns copyright, is a
very laggard amongst the nations. In the year
1908 a convention which was then known as the
Berlin Revised Convention (but which perhaps
we should speak of to-day as the 'Kitchener'
Revised Convention) was signed by nearly all
the civilized nations of the earth except the
United States of America. The signatories on
this convention came together and agreed to
legislate to secure a uniform term for the dura-
tion of copyright and to secure and promote uni-
formity of law in respect of copyright through-
out the countries which were signatories of that
convention. Great Britain was a party to that
conference, and Canada, through Great Britain,
was represented there.
"This act applied to all British territory, not
only to the British Islands, but so far as con-
cerned the grea't self-governing Dominions—
Canada, Australia, New Zealand and South
Africa—it was to be effective thereafter, and
when the Legislatures of these colonies adopted
it by the legislation of their own Parliaments.
Everyone of the great colonies except Canada
has already adopted the Imperial Act of 1911,
either in its very terms or in substance, and
they have under the provisions of the Berlin
convention become entitled not only throughout
the British Empire, but throughout the whole
civilized world, so far as it is embraced at that
convention, to all the reciprocal rights which it
provides for. Canada alone remains without the
fold.
"The law of copyright in Canada to-day is still
governed by the old Imperial Act of 1842. which
was tinkered up by amendments from time to
time, and by the Canadian Act of 1875, which
has also been amended but not in important
details. We have an Imperial Copyright Act
and a Canadian Copyright Act in force here, but
they are both alike in this that they are en-
tirely obsolete and very defective."
Regarding the question of mechanical repro-'
duction Mr. Moss said:
"All these rights being unprotected in Can-
ada, when our author goes abroad he finds him-
self likewise without protection, because the
rights in the foreign countries, even in the
United States, are fundamentally b^sed on reci-
procity, and when he goes to a foreign country
he is told, 'Well, our own people don't get this,
protection in Canada, you can't have it here.'
So he is a wanderer—the Canadian author and
composer to-day is really almost an outcast
amongst the nations of the earth, and it is small
wonder that he is not looked upon with any
particular favor by the publishers."
NEW CLUB FOR VAUDEVILLE FOLK
The new home of the National Vaudeville
Artists, 229 West Forty-sixth street,' officially
opened its doors on Thursday evening of last
week. It is situated in the block which during
the last two years has become the home of sev-
eral music publishers. As the professional de-
partments of the various publishing houses must,
be located where professional singers find them
easy of access, these publishers feel that their
location with the opening of the National Vaude-.
ville Artist Home is now ideal from the stand-
point of accessibility.
TO 6000 McKINLEY AGENTS
46 New Numbers
and New Catalogs
Now Ready for 1919
YOU ARE SURE TO HAVE CALLS
mm.
Artmusic Gems
Complete words and music foi\tWe three degrees
—unison arrangement with organ accompani-
ment and male quartet arrangement both in one
book.
"Forever Is A Long,
Long Time"
"When the Evening
Bells Are Ringing"
"Oh! You Don't Know
What You're Missin'"
"Waters of Venice"
Pocket Size—Cloth Binding—50c
(Instrumental)
Masonic Responses
for the Blue Lodge
1919
"SPIRIT OF FRANCE"
How Many Masons Are
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"Floating Down the
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(Song version "Waters of Venice")
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ARTMUSIC, Inc.
Chicago McKINLEY MUSIC CO. New York
Publishers
11-15 Union Square West, NEW YORK
145 West 45th St.
NEW YORK