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72
THE
MUSIC TRADE
REVIEW
APRIL 26,
1919
CONDUCTED BY V. D. WALSH
HOPE FOR ENACTMENT OF NEW CANADIAN COPYRIGHT LAW
Bill Now Before the Canadian Senate Offers Canadian Authors Full Protection in the United
States, and Also Protects American Authors in Canada—Bill Is Retroactive Regarding Royalties
TORONTO, ONT., April 19.—The fight for a new
copyright law in Canada, which has been carried
on for nearly twenty years, is now reaching a cli-
max. Last week a new copyright measure, ap-
proved by the Senate Committee, was referred
to the Senate as a body, and has back of it the
support, not only of the musical interests of the
country, but that of many men not previously
much interested in copyright matters.
The new measure, known as Bill K, was pro-
posed and presented by Sir James Loughced,
and is known as the Copyright Act of 1919. It
is retroactive and provides for the payment of
2y 2 per cent, for two years on all musical com
positions that have been taken and reproduced
mechanically, and for 5 per cent, after two years.
The bill also provides that on the ordinary re
tail selling price royalty payments shall not in
any case be less that one cent for each sep-
arate musical work in which the copyright sub-
sists.
Under the bill the protection conferred will
be identical with that conferred under the Im-
perial Copyright Act of England.
The bill
also aims at securing for Canadian authors full
copyright protection in the United States and
all other countries that have not adhered to the
acts of the Berne convention.
There were present at the reading of the bill
Lieut. Gitz-Rice, Mr. Thompson, president of
the Authors' and Composers' League of Canada;
Mr. Keane, of Boosey & Co.; Walter Eastman,
of Chappell & Co.; Nathan Burkan, representing
the Music Publishers' Association of the United
Slates, and Francis Gilbert, for Lieut. Gitz-
Rice and Leo Feist, Inc. The latter two gen-
tlemen were present only in an advisory ca-
pacity.
John Moss, a copyright expert of Toronto,
represented the English publishers, and Mr. Mc-
laughlin, also of Toronto, was present in be-
half of the Canadian Authors' Society.
TO 6000 McKINLEY AGENTS
46 New Numbers
and New Catalogs
Now Ready for 1919
YOU ARE SURE TO HAVE CALLS
Bmttmr Music, Better Paper, Better Titles
The only opposition to the bill was voiced
by the Uook and Music Printers of Canada, who
asked that the act be amended to read that for
the protection of their trade all books and
music given protection under the act be of ne-
cessity published in Canada. A Mr. Garmaise,
representing the interests of the Columbia Pho-
nograph Co., and supported by the Berliner and
Pathe Freres, attacked the compulsory license
features of the bill and objected to the retroac-
tive provisions on the payment of royalty. He
also asked that the bill be made to read a 2-
cent flat royalty on mechanical reproduction,
the same as is provided for in the United States.
He also fought against that portion of the law
which made registration permissible but not a
requirement.
Speaking in favor of the bill the Hon. George
(i. Foster referred to the case of Lieut. Gitz-
Rice against the Columbia Graphophone Co. in
which his attorneys had asked for an injunction
restraining the Columbia Co. from reproducing
his sougs on its disc records and marketing
them without first having obtained his permis-
sion, and where the injunction was denied, al-
though the numbers were copyrighted" in this
country, because the lieutenant was a Canadian
and not entitled to copyright protection here
under the existing law.
In the event of the bill passing both houses
it can be made international in its power,
though the Governor in Council may by order
in council direct that the act shall apply to the
literary, dramatic, musical and artistic works of
authors who were at the time of the writing
subjects or citizens of a foreign country to
which the act'does not extend. This would in
turn give American writers protection in Can-
ada in return for the protection of Canadian
works in this country.
The fees for copyright provided for under the
bill are $1 for registering of copyright and the
same amount for the registering of an assign-
ment of the same. Certificates of registration
can be obtained for 50 cents.
The term for which the copyright shall sub-
sist shall, except as otherwise provided, be for
the life of the author and a period of fifty
years after his death.
All of the Best Reprints and more
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other 10 Cent Edition.
Free catalogs with stock orders. We pay
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as wheat.
Write for samples.
SAM FOX PUB. CO
CLEVELAND, O., U. S. A.
DEALERS! Here's What They're Asking For
TheBattle
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America's
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March
Featured by leading bands and orchestras everywhere. Pro-
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Waters of Venice"
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