Presto

PRESTO
DEMAND FEE FOR
ALL USE OF MUSIC
American Society of Composers, Authors and
Publishers Wants Radio as Well as The-
aters, Performers and Phonographs
to Pay Tax.
There was a time when it was customary for pub-
lishers and composers to pay liberally for the privi-
lege of having their songs sung in public. A large
source of the old-time negro-minstrel's income was
derived from the publishers who wanted to "put
over" some good song, and the "silver voiced tenor"
or the "great basso'' was the proper medium for
reaching the public ear. All that has changed. To-
day the American Society of Composers, Authors
and Publishers watch closely the programs, and if
a song is sung, or squawked, without license the "art-
ist" is called to time. The latest is the collection by the
Federal Government of a license fee of $5 or some
such sum from every user of a radio receiving set in
the country, to pay the expenses of broadcasting
good programs and to compensate music and song
writers whose work is used. The proposition came
in a statement by J. C. Rosenthal, general manager
of the American Society of Composers, Authors and
Publishers, who has been trying to adjust questions
of infringement of copyright in connection with
radio.
Mr. Rosenthal said that the radio listeners through-
out the country were now dependent for their enter-
tainment almost entirely on manufacturers of appa-
ratus who could not, he said, be expected to continue
to furnish expensive programs after the market
for apparatus had been saturated.
E. C. Mills, chairman of the Executive Board of
the Music Publishers' Association, urged that the 588
public broadcasting stations be reduced to forty and
that the selection of programs be controlled by offi-
cials representing the public of the locality of the
station and by others representing the Department
of Commerce.
Foresees Serious Situation.
Mr. Mills asserted that the situation would soon be-
come highly serious to radio listeners. He asserted
that 90 per cent of the music broadcast today was
covered by copyright owned by the American So-
ciety of Composers, Authors and Publishers for its
members and that a complete break with the broad-
casting stations would mean a revolution in broad-
casting programs and the elimination of practically
all popular songs and jazz music. This society pre-
viously served an ultimatum on radio stations allow-
ing until March 15 for them to agree to terms for the
use of copyrighted materials, but this date has since
been extended because the organization requires fur-
ther time to plan a sliding scale of charges for the
different types of broadcasting stations.
Mr. Mills said that unless the Government took
over radio, the society would claim a license fee for
the use of its copyrighted material, not only from the
radio stations but from restaurants, hotels, cabarets
and other places which picked up the programs and
relayed them to their own audiences.
A number of interesting points were threshed out
in conference between the copyright owners and the
radio men. After a statement of the position of the
song and music writers, A. H. Griswold, representing
the American Telephone and Telegraph Company,
asked:
"Is it your position that, having received a royalty
on music that is recorded on a phonograph record
or player roll, you would expect additional royalties
if that roll or record is played again at a broadcasting
station?"
States Composers' Case.
'"Absolutely," replied Mr. Mills. "I will explain
that point. The royalty that we receive under the
law from the manufacturers of a phonograph record,
for the right to mechanically reproduce a copyrighted
musical composition, is in consideration of a right to
manufacture, not a right to publicly perform; and the
right to manufacture does not include the right to
publicly perform. That particular point of law has
been threshed out, and in the Act of 1909 it is speci-
fically provided that the payment of a royalty for the
right to manufacture a record does not free the prod-
uct from further contribution to the copyright pro-
prietor if it be used in whole or in part to publicly
perform for profit the copyrighted composition which
it mechanically reproduced."
William H. Easton, vice president of the Westing-
house Company, here interrupted:
"A radio is put in a restaurant. It it has been in-
stalled there and is used to play a broadcast program
for the diners, is there liability for a third payment?"
March 31, 1923
"Certainly," replied Mr. Mills. "This would con-
stitute a public performance for profit."
"It seems to me," said Mr. Easton, "that if you
were paid once for public performance on that com-
position, that two payments should not be made for
the same rights."
"There wouldn't be two payments for the same ser- TJnique Event Brings Together Large Gather-
vice," replied Mr. Mills. "It is not the same service.
ing of Enthusiastic Piano Merchants to
The broadcast song, sent out from the station, would
Meet Factory Heads from Ft. Wayne.
probably be listened to by any number of people—
as many as happened to be using their sets at that
Last year there was held in Salina, Kansas, a con-
time. The restaurant would be equal to one of these
people. The restaurant, its proprietor or owner could vention of Kansas dealers who sell Packard pianos.
listen in and enjoy the use of his receiving set without Packard's western representative, A. A. Buenning,
the payment of any fee, but the moment he makes it conceived the idea of this district meeting, planned
a vehicle for the earning of a profit, then he is in his and arranged the details and provided the programme.
turn publicly performing the music for profit and the It was attended by more than a score of dealers,
copyright proprietor is accordingly entitled to receive who at the end of the 1922 session unanimously ap-
revenue. In the case you cite, the restaurant pro- proved the idea and voted to make it an annual
prietor is not receiving or using the music for his in- event.
March 20th of this year was set for the second of
dividual pleasure and enjoyment, but is making it a
part of the service rendered by his establishment to these annual meetings and Salina, being a central
its patrons, just the same as the food served, the point, was again made the convention city. The
meeting was confined to a one-day programme, the
linen furnished, and so on."
morning spent in a get-together and get-acquainted
Says He Wants No Favors.
session at the Chappel Music Store, the convention
The song writers and composers were accused by headquarters. At noon a luncheon was enjoyed at
the radio men of failing to make allowance for the the White Top Inn, followed by demonstrations of
value rendered by radio in introducing music to the Packard pianos in the afternoon and a special demon-
stration of a new player action by Charles Leiser,
public. On this point Mr. Mills replied:
"I am reminded of a letter which I recently wrote of Deep River, Connecticut.
The climax of the day's programme was a dinner
for The Kansas City Star in answer to the point
at
the Clayton Hotel with special addresses by A. S.
raised concerning the service rendered copyright pro-
prietors through the performance of their composi- Bond, president, and Alexic A. Mahan, sales manager,
tions by radio. What I said to them and what I want of the Packard Piano Company, Fort Wayne, In-
to say to you now, frankly and courteously, is, 'Don't diana; Chas. H. Bren, secretary of the Salina Cham-
do us favors.' Since I have been connected with this ber of Commerce, and J. L. Brady and Roy F.
business I have noticed that every one was doing us Bailey, editors of the Salina newspapers. Mr. Bond
spoke on the Packard business policy, pointing out
favors.
how it has made for a better product.
"'The dealer in sheet music claimed that it was he particularly
Mr.
Mahan's
was Kansas, he having some
who popularized music, through having it on sale in very interesting subject
statistics on this state, and empha-
his store, and that he should have the product at the sized the wonderful
opportunity it affords its piano
cost of printing for that reason, and the publisher, dealers. After the addresses
there was an around-
author and composer should get their revenue from table-talk dicussion.
the phonograph record manufacturers, not from the
Dealers and guests attending included A. A. Buen-
dealers.
"The phonograph record manufacturer set up that ning, Salina; A. S. Bond, Fort Wayne, Ind.; A. A.
it was he who popularized music, and the player roll Mahan, Fort Wayne, Ind.; Charles Leiser, Deep
men set up the same argument, and both of them River, Conn.; J. N. Day, Junction City; F. G. Morti-
boy, Topeka; A. G. Clark, Topeka; B. G. Hall, Lin-
represented that they ought not to pay royalties.
W. L. Cumberland, Salina; J. L. Judy, Salina;
"The theatrical producers claimed that they were coln;
Clarence
Chappell, Salina; J. F. Chappell, Salina;
the folks who popularized music through playing it to W. L. Chappell,
Salina; Hoyt Boyd, Salina; Howard
audiences in their theaters and that therefore they Deeble,
Abilene; Carl Lastenser, Atchison; C. P.
should be charged no fees, but that, instead, com- Veatch, Hutchinson;
C. L. Veatch, Hutchinson; A. J.
poser, author and publisher should look to the printed Milbarger, Hoisinrgton;
Pizinger, Hoisington;
sheet music and mechanical royalties for their reve- A. S. Miller, Russell; M. James
M. Blackman, Kansas City;
nue and let the theaters alone.
H. A. Bailey, Kansas City; L. A. Chenowith, Enid,
"The cabaret then claimed to be the real popu- Okla.;
Mrs. Betty Fisher, Salina; Mrs. Emma Riding,
larizer of-music. So did the dance hall, and so on Salina;
Miss Mildred Steinmeyer, Salina; Roy
and so on, until I came early to the conclusion that Bailey, Salina;
J. L. Brady, Salina; Charles Bren,
here was an industry, apparently, that did not con- Salina.
tribute any service at all, but on the contrary was the
One of the enthusiastic Packard dealers present re-
recipient of almost boundless consideration from
marked
that the famous slogan, "If there is no Har-
those who existed as a result of its product, and now
comes radio and says to us that it is the source mony in the Factory there will be none in the Piano,"
might be extended to embrace the dealers also. The
through which music is popularized."
keynote of the Salina convention of Packard dealers
was harmony, resolving itself into the convention that
the Packard presents a line which is conducive to
NEW CALIFORNIA BRANCH.
trade progress and individual satisfaction. Packard
Sherman, Clay & Co. will open a new branch store dealers
in Kansas will look forward with interest to
in San Jose, Cal., in April. The new location is the annual
event.
almost across First street from the present branch,
and has frontage both on First street and on Market
street, to which the building runs through. The
Market street end of the establishment will be de-
voted to pianos, for which ample space and light are
provided. George Eardley is manager of the San
Jose branch of Sherman, Clay & Co.
Sales Manager of Mammoth Chicago Industry Finds
Dealers in Optimistic Mood.
ACTIVITY IN KANSAS CITY.
The dealers in the eastern states are in a happy
Music merchants in Kansas City, Mo., in all
branches of the music trades, are kept busy with the frame of mind, foretelling a busy year for the pianos
activity of the season, said G. L. Ames, vice-presi- of The Cable Company, Chicago, according to C. E.
dent of the U. S. Music Co., to music roll dealers. Jackson, salesmanager of this Chicago industry, who
Mr. Ames came in contact with representatives of returned this week from a trip through the eastern
other music interests, all of whom reported a large part of the country. The dealers of The Cable Com-
amount of business. "They are all working hard, pany were visited by Air. Jackson, who discussed
and are optimistic of the outcome," was his comment. sales methods and prospects with them.
"They are all busy now," said Mr. Jackson on his
return to Chicago early this week. "The business
SCHILLER BRANCH MOVES.
they are doing is really surprising, and of course en-
The Chicago branch of the Schiller Piano Co., couraging. They all are working hard to make this
Oregon, 111., will be moved next Monday, April 2, to year one of the big twelve months of the Cable fac-
the suite formerly occupied by the branch of the tories, and are confident of success."
Chase-Hackley Piano Co., Muskegon, Mich., which
has closed the Chicago branch. The Schiller branch
COULD SELL EVEN MORE.
has been located in a suite adjoining the Chase-
More pianos could be sold if they were available, is
Hacklev rooms.
the belief of Adam Schneider, treasurer of J. Bauer
& Co., Chicago, who stated that the business in
MOVES IN AKRON, O.
pianos is steadily improving. "Especially our grands
The F. W. Van Scoyoc Piano Co., Akron, O., are going fast," said Mr. Schneider. "We could use
which for some months has been located in South even more than we are producing." The Bauer re-
Main street, has moved again to its original location tail store in Chicago's Piano Row has been rear-
at 53 Exchange street.
ranged, and a spring cleaning is now going on.
KANSAS CONVENTION OF
PACKARD DEALERS
CABLE DEALERS PREDICT
PROSPEROUS PIANO YEAR
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