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56
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MUSIC TRADE
REVIEW
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1924
Two New Questions Brought Forward in
Judge Knox Radio-Copyright Decision
Federal Judge Places Liability for Violation of Copyright Upon Artist in Broadcasting Protected
Numbers Without License—States Broadcaster Simply Extends Audience's Scope
T UDGE KNOX in the Federal District Court
recently handed down a most interesting
opinion involving copyright as applied to public
rendition by way of radio. At least two new
questions are brought forward in his decision
and in only one of them does he pass upon.
The other is left open for a later decision. The
status of copyright is not cleared by either of
the opinions expressed and on the other hand,
while they contribute some pertinent thoughts,
it undoubtedly will require further court actions
for a more basic decision of new points raised
in the controversy.
A motion to dismiss the action instituted by
Jerome H. Remick & Co., music publishers,
against the General Electric Co., to prevent the
defendant from broadcasting copyrighted songs
and music, was denied by Federal Judge Knox.
The action was the first of the kind brought in
this district and was described as a test of the
right of broadcasting stations to use copy-
righted material.
The complaint alleged that the defendant,
through its station WGY at Schenectady, broad-
cast the selection "Somebody's Wrong," which,
it was contended, was an infringement of the
copyright owned by the plaintiff. In his opinion
Judge Knox said:
"I think it is necessary to ascertain whose
performance was broadcast. Was is that of the
broadcaster or was it that of another person
who may have been authorized to perform the
copyrighted composition publicly, and for profit?
If the latter, I do not believe the broadcaster
is to be held liable. By means of the radio
art he simply made a given performance avail-
able to a great number of persons who, but for
his effort, would not hear it.
"So far as practical results are concerned, the
broadcaster of the authorized performance of
a copyrighted musical selection does little more
than the mechanic who rigs an amplifier or
loud speaker in a large auditorium to the end
that persons in remote sections of the hall may
hear what transpires upon its stage or rostrum.
Such broadcasting merely gives the authorized
performer a larger audience and is not to be
regarded as a separate and distinct performance
of the copyrighted composition upon the part
of the broadcaster.
"When allowance is made for the shrieks,
howls and sibilant noises attributable to static
and interference, the possessor of a radio re-
ceiving set attuned to the station of the broad-
caster of an authorized performance hears only
the selection as it is rendered by the performer.
The performance is one and the same whether
the 'listener in' be at the elbow of the leader
of the orchestra playing the selection or at a
distance of a thousand miles.
"If a broadcaster procures an unauthorized
performance of a copyrighted musical composi-
tion to be given, and for his own profit makes
the same available to the public served by
radio receiving sets attuned to his station, he
is, in my judgment, to be regarded as an in-
fringer. It may also be that he becomes a con-
tributory infringer in the event he broadcasts
the unauthorized performance by another of a
copyrighted musical composition. To this
proposition, however, I do not now finally com-
mit myself."
The opinion says that the selection, "Some-
body's Wrong," by the orchestra at the New
Kenmore Hotel in Albany, is said by the de-
fendant to have been given under an implied
license by the plaintiff, and that a representative
of the plaintiff addressed a letter to the leader
of the orchestra giving him permission to broad-
cast any of the plaintiff's musical compositions.
This authority, it is contended, was afterwards
revoked by the plaintiff.
Huntzinger-Althouse Circular
interest in professional circles in this offering:
"Rush by air mail orchestration of "I Never
Care 'Bout To-morrow," Key of E. Using song.
Need long introduction, so use last half of
chorus and introduction. Address Los Angeles."
R. L. Huntzinger, Inc., recently issued a cir-
cular covering the musical activities of Paul
Althouse, the well-known American tenor who
was formerly a member of the Metropolitan
Opera Co. The frontispiece carries a halftone
cut of the artist, followed by some of the
outstanding features of his musical career. An-
other page is given over to some of the recent
press notices he received. The back page carries
some of the Huntzinger songs being pro-
grammed by Mr. Althouse on his present con-
cert tour. These include "The Nomad," by
Bernard Hamblen; "God Touched The Rose,"
by Mary Helen Brown; "Dear Heart of Mine,"
by Henry Wehrmann, and "In His Steps" and
"Top O' the Morn." Other favorite songs in
his repertoire for the coming season will in-
clude "The Living God" and "Give a Man a
Horse He Can Ride," by Geoffry O'Hara, and
"Someone Worth While."
New Song by Satzewich
*
OCTOBER 11,
Stephen D. Satzewich, of Hinsdale, Mass., is
the writer and publisher of a new song entitled
"Sweetest Girl" (I Long for You). Profes-
sional copies and orchestrations are now being
issued and plans to create a demand for the
number will shortly be placed under way.
Garus Uses Marks Song
The Edward B. Marks Music Co., New York
City, publisher of "I Never Care 'Bout To-
morrow" (As Long as I'm Happy To-day), re-
cently received the following telegram from
Emma Carus, which indicates the widespread
New Berlin Dance Folio
Irving Berlin, Inc., has just released its 1925
universal dance folio. The contents contain a
long list of piano solos arranged as fox-trots,
one steps, waltzes and blue numbers; also sev-
eral compositions from the pen of Irving Ber-
lin himself, including such outstanding numbers
as "Lazy" and "An Orange Grove in Califor-
nia." Other successes that should make this
new folio popular include "Driftwood," "Mindin'
My Business," "I Can't Get the One I Want,"
"Cover Me Up With the Sunshine in Virginia,
'"That Old Gang of Mine," and "Indiana Moon."
New Feist Issues
Leo Feist, Inc., has forwarded to the trade
its list of new issues for October, 1924, which
includes the already acknowledged successes,
"Eliza" and "Dear One." Other numbers in
the list are "Burning Kisses," a new Oriental
fox-trot by Percy Wenrich; "Haunting Mel-
ody," as this title suggests, a waltz song; "Rock-
A-Bye-Baby Days," described as a Dixie-
Mammy number, and "I Made a Hit With
Kit-Kit-Kitty," a new waltz ballad. Special
offers made on these two new issues until
November 1.
Consult the Universal Want Directory of
The Review. In it advertisements are inserted
free of charge for men who desire positions.