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APRIL 12, 1924
THE
MUSIC TRADE
59
REVIEW
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Canadian Trade and Commerce Minister
Issues New Copyright Law Regulations
New Rules Cover Copyright Royalty System for Mechanical Instruments in Connection With
Copyright Act of 1921 as Amended by Copyright Amendment Act of 1923
O T T A W A , ONT., April 8.—The Minister of
^^^ Trade and Commerce of the Dominion of
Canada lias just recently issued the sections of
the rules, regulations and forms governing the
copyright royalty system for mechanical instru-
ments in connection with the Copyright Act,
1921, and as amended by the Copyright Amend-
ment Act of 1923, which follows herewith:
NOTICE
(5) The notice required by Section 18 (1) of the Copy-
right Act, 1921, shall contain the following particulars:
(a) The name and address of the person intending to
make the contrivances;
(b) the name of the work which it is intended to repro-
duce and of the author (if known); and (if neces-
sary) a description sufficient to identify the work;
(c) the class of contrivance on which it is intended to
reproduce the work (e.g., whether discs, cylinders
or music rolls);
(d) the earliest date at which any of the contrivances
will be delivered to a purchaser;
(e) whether any other work is to be reproduced on the
same playing surface of a disc or on the same per
forated roll or other contrivance with the work
specified in accordance with paragraph (b).
(o) The notice shall, not less than 10 days before any
contrivances on which the work is reproduced are delivered
to a purchaser, be sent by registered post or by telegram
prepaid or published by advertisement as follows:
(a) If the name and an address of the owner of the
copyright, or his agent for the receipt of notice,
are known or can with reasonable diligence he
ascertained, the notice shall be sent to such owner
or agent at such address;
(b) if such name and address are not known and can-
not with reasonable diligence be ascertained, the
notice shall be advertised in the Canada Gazette;
the advertisement in the Canada Gazette shall give
the particulars required by paragraphs (a) and (b)
of Regulation (5), and shall also state an address
from which a copy of the notice described in Regu-
lation (5) may be obtained. Notice of intention to
make records, perforated rolls or other contrivances
for the reproduction of any number of works may-
be included in the same advertisement. The notice
may be given either before or after the 1st day of
January, 1924.
PAYMENT OF ROYALTIES
(7) (a) Unless some other agreement be made herein-
after referred to as a special agreement, royalties shall
be payable in the following- meanner:
After the person making- the contrivances has given the
prescribed notice of his intention to make or to sell the
contrivances, the Owner of the copyright shall by writing
.sent by registered post, intimate to him in Form K, or to
the like effect some, convenient address at which payments
of royalties may be made and his willingness to accept
payment of such royalties in quarterly payments on the last
days of January, April, July and October in each year,
each such payment to include royalties on all contrivances
said during the preceding three calendar months.
(b) If no special agreement has been made and, after
the expiration of ten days from the date of the
prescribed notice of the intention of the person
making the contrivances to make or to sell such
contrivances the owner of the copyright has not
notified the person making the contrivances of an
address where the royalties may be paid and of
his willingness to accept payment of such royal-
ties in quarterly instalments in the manner pre-
scribed in the preceding paragraph, the person mak-
ing the contrivances may effect payment by depositing
in any chartered bank in Canada to the credit of
the Commissioner of Patents, royalties in respect of
all contrivances sold by him.
(c) Where royalties are payable in quarterly payments,
the person making the contrivances shall at the time
of making each payment submit to the owner ol
the copyright a statement setting out the total
number of contrivances manufactured and sold dur-
ing the quarterly period in question, and the total
amount of royalties due to the copyright owner there-
for. Each such statement shall be certified as correct
by a chartered accountant carrying on business as
such in the Dominion of Canada.
(d) Every person proposing to manufacture contrivances
under the provisions of section 18 of the Copyright
Act, 1921, and this Rule shall file with the Commis-
sioner of Patents a bond of a recognized guarantee
company of Canada, approved by the Commissioner
of Patents in the penal sum of five thousand dollars
payable to His Majesty for the benefit of the owners
of copyright, to secure the payment of all royalties.
(e) For the purposes of this Regulation "the date of
the prescribed notice" means—
(i) in cases where the notice is requited to be sent by
registered post, or telegraph the date when the
notice would in ordinary course of post or telegraph
be delivered;
(ii) in cases where the notice is required to be adver-
tised in the Canada Gazette, the date of such adver-
tisement.
(f) In cases where royalties are payable on contrivances
made before the commencement of the Copyright Act, 1921,
the person making such contrivances may give notice of his
intention to sell them, containing mutalis mutandis the
same particulars and given in the same manner as is pre-
scribed by these Regulations in the case of the notice
required by Section IS (1) of the Copyright Act, 1921.
INQUIRIES
(8) The inquiries referred to in Section 18 (4) of the
Copyright Act, 1921, shall be directed to the owner of the
Copyright by name or (if his name is not known and
cannot with reasonable diligence be ascertained) in gen-
eral terms to "the owner of the copyright" of the work in
respect of which the inquiries are made and shall contain:
(a) a statement of the name of the work in respect of
which the inquiries are made and of the author
(if known), and (if necessary) a description suffi-
cient to identify it;
(b) a statement of the name, address and occupation
of the person making the inquiries;
(c) an allegation that a contrivance has previously been
made by means of which the work may be mechan-
ically performed, with the trade name (if known)
and a description of such contrivance.
(d) an inquiry whether the contrivance so described
was made with the consent or acquiescence of the
owner of the copyright.
(9) The inquiries shall be sent by registered post or
published by advertisement as follows:
(a) if an address of the owner of the copyright is
known or can with reasonable diligence he ascer-
tained the inquiries shall be sent to such address; or
(b) if such address is not known and cannot with rea-
sonable diligence he ascertained the inquiries shall be
advertised in the Canada Gazette.
(10) The prescribed time for reply to such inquiries
shall be:
(a) in case where the inquiries are required to be sent
by registered post fourteen days after the date when
the inquiries would in ordinary course of post be
delivered;
(b) in cases where the inquiries are required to be adver-
tised in the Canada Gazette fourteen days after the
date of such advertisement.
'
J
NOTICE OF ADDRESS FOR PAYMENT OF
ROYALTIES UNDER. SECTION 18 OF THE
COPYRIGHT ACT, 1921—FORM K
1 have to inform you that payment of royalties pre-
scribed by Section 18 of the Copyright Act in respect of
(name of work) of which I am the owner of- the copy-
right may be made to me at the following address
and I agree to accept payment of such royalties quarterly
on the first days of January, April, July and October, each
payment to include royalties due in respect of contrivances
sold by you during the preceding three months.
To
New Irish Waltz a Hit
The Hourdon Deuty Music Co., Hartford,
Conn., is achieving remarkable results in its
campaign exploiting the Irish waltz, "The
Dreams of My Irish Colleen." This song, to-
gether with a fox-trot entitled "The Old Home-
stead in the Valley," is having good sales. Roth
numbers are the type of songs which appeal to
the pianist in the home. They are simple in
character, easy to play and carry lyrics of the
story type. Recently Edward Mahoney, Hart-
ford's foremost baritone, sang a number from
the same catalog, entitled "Dreaming of You in
the Moonlight," at the Lyric Theatre, in the
above city, and used "Dreams of My Irish Col-
leen" as an encore.
Musical Typewriter a Success
Fortoni, a music director of some prominence,
has invented a typewriter which types musical
notes instead of words and figures. At a recent
demonstration a portion of one of Tschaikow-
sky's works was transcribed in a few minutes
and then transposed into another key with equal
rapidity. There are forty keys, each with six
svmbols.
School, Lodge and
Gymnasium Marches
March Victorious
(Metzger-Wright)
Pacific Patrol
(Metzger-Wright)
Reliance March
(Clifford)
Victorious Eagle
(Rosey)
Order Through Jobber or Direct
Hinds, Hayden & Eldredge, Inc.
Publishers
New Y o r k City