Presto

PRESTO
TO STRONGLY OPPOSE
SONG WRITERS' TAX
A. L. Smith, Representing the Music Indus-
tries Chamber of Commerce, Enters Pro-
test Against New Copyright Bill
and Assails Composers.
CHARGES PLAGIARISM
Says Part of "Yes, We Have No Bananas" Is Note
for Note in "The Messiah."
The exactions of the American Society of Authors,
Composers and Publishers has stirred the music
trade, and the stand of the Music Industries Chamber
of Commerce is made clear in the report of the rep-
resentations of that organization before the House
Patents Committee at Washington last week. At
that meeting Manager A. L. Smith, of the Chamber,
denounced the efforts of the publishers' association to
levy taxes upon all music performed or broadcasted.
Mr. Smith charged plagiarism against modern song
writers, and declared that song writers, instead of de-
pending on the creative faculty which they contend
should be strongly protected by copyright, had
niched their motif-strains from tunes of long ago. He
said that some of the catchy refrains of today are
even being taken from classical and religious music.
"Musical experts say that the particular theme
which made 'Marcheta' a hit can be found in the over-
ture of 'The Merry Wives of Windsor,' by Nicolai,"
asserted Alfred L. Smith, representing the Music In-
dustries Chamber of Commerce.
"That appetizing and inspiring song, 'Yes, We
Have No Bananas,' may be found almost note for
not in part of 'The Messiah,' by Handel, and in part
in 'I Dreamt I Dwelt' from 'The Bohemian Girl,' by
Balfe. 'I'm Always Chasing Rainbows,' in its main
theme, is note for note like parts of Chopin's Fan-
taisie impromptu, Opus 66.
"These are but a few of many examples which
could be cited. Such is the creative genius which the
advocates of this bill say must be protected by a
drastic extension of copyright monopoly in order that
we may be assured of progress in the musical art.
Prices of Records Would Rise.
"Much of the current popular music is based upon
works of the old masters," Mr. Smith continued.
"The repetition of a single theme taken from an old
symphony or opera, or perhaps themes from several
original sources, a change in time, a different accent,
adaptation to the modern dance rhythm, makes a
popular hit which may earn thousands of dollars in
mechanical royalties."
The Music Industries Chamber of Commerce, Mr.
Smith said, was composed of all branches of the
music industry, but the music publishers had broken
away from it in this particular instance. The organi-
zation includes thirteen national trade associations, in-
cluding the manufacturers, wholesalers and retail dis-
tributors of pianos, phonographs, pipe organs, band
instruments, orchestral and other small instruments,
phonograph records, music rolls, musical publications
and parts.
Phonograph and playerpiano interests, with 300 fac-
tories in which $225,000,000 was invested, which have
an annual production of more than $200,000,000 and
employ 70,000 persons, object to the bill, Mr. Smith
said. He took the position that copyrights should
protect the public.
"The public has the right to demand the retention
of such restriction of copyright monopoly as is neces-
sary to allow the fullest and freest use of music at
the lowest possible price," he stated, while arguing
that if the mandatory royalty limit of 2 cents a record
now paid to a song writer were abandoned the cost
of the records and piano rolls would necessarily
increase.
Although there is a royalty limit to the composer
of two cents on each phonograph record, the royalty
for each music roll of the same song not covered by
the compulsory license system now often goes as high
as 12^ cents, Mr. Smith said. This, he explained,
was because "word-music" rolls, which means piano-
player rolls with words of the music printed on them,
were unknown when the 1909 copyright law was
passed and were not included under that law. He
urged that these rolls be placed under the restric-
tions.
"Cheap phonograph records are sold by the manu-
facturer for as little as eighteen cents, Mr. Smith tes-
tified. "An increase of ten cents in the cost of pro-
duction on such records would mean at least that
increase in the wholesale prices, and the price to
the public would be increased at least fifty per cent.
Even in the highest priced records the increase
would be substantial. Does Congress wish to make
the public pay from fifteen per cent to fifty per cent
more for their phonograph records and music rolls
in order to extend the monopoly of a few copyright
owners?" he asked.
Fears a "Great Music Trust."
The danger of a "great music trust" was sounded
by Mr. Smith, who said that six New York pub-
lishers now collected 85 per cent of the mechanical
royalties on popular music.
" 'Three O'Clock in the Morning' never gained one
cent for its actual composer, but the mechanical
royalties enriched the publishers by thousands," Mr.
Smith told the committee. 'Dardanella* was sold by
the author for $100, but the mechanical royalties
to the publishers were very large."
The witness said that the only real beneficiaries of
the abandonment of the compulsory mechanical
license, would be, not the great body of song writers,
but a few who had acquired an exceptional reputa-
tion, and also a comparatively small number of music
publishing concerns.
Paul B. Klugh of the National Association of
Broadcasters, criticized Thorvald Solberg, the regis-
ter of copyrights, for having drawn the bill, and
added that the radio interests had not been consulted
in the preparation of the measure.
A denial that 90 per cent of music was not copy-
righted was made by Mr. Klugh, who on the other
hand, contended that it was virtually impossible to
obtain uncopyrighted music for radio transmission.
He asked for the right to make individual bargains
between the radio broadcasters and the composers.
Only twenty out of 526 radio broadcasting agencies
are manufacturers of radio apparatus, he stated.
Questioned by Representative Sol Bloom of New
York, Mr. Klugh denied that $100 a minute had been
charged by the broadcasting stations for sending out
a speech by President Coolidge. The stations, he
said, charged nothing-, but there was a charge by the
telegraph companies for linking up land wires.
Other witnesses of the day were G. W. Case, Jr.,
who appeared for the phonograph manufacturers
against the bill, and John MacRae of E. P. Dutton
& Co , who, as a representative of the National Asso-
ciation of Book Publishers, approved the measure.
Nathan Burkan, counsel for the Society of Authors,
Composers and Publishers, charged that the song
writers were not even receiving the two cents royalty
from phonograph companies, due to the fact that
statistics were not properly kept. Mr. Burkan also
February 14, 1925.
INCREASED FREIGHT
SCHEDULE POSTPONED
If Passed by the Interstate Commerce Com-
mission Transportation Cost of Phono-
graphs and Radio Will Advance.
The Music Industries Chamber of Commerce has
received official notification from the Secretary of the
Interstate Commerce Commission that the Commis-
sion has ordered the new classifications and increased
rates on interstate shipments of radio sets and radio
equipment, which were to go into effect on February
10th, suspended until June 10th, and that no changes
shall be made in the classifications or rates in the
meantime.
The postponement of the date on which the pro-
posed rates were to become effective has been made
in order to allow time for the commission to conduct
an investigation and hold hearings at which the rights
of all parties concerned and the interests of the pub-
lic may be fully considered and protected.
The new classification proposed by the railroads
would result in increases of 50 to 100 per cent in the
freight rates over those now prevailing. Hearings on
the matter will be held in San Francisco on March
4th, and in Washington, D. C, on March 25th.
OPENS GENERAL MUSIC STORE.
G. D. Bogue and L. R. Bigewit, who recently pur-
chased the music stock of the Shearouse Music Co.,
Palatka, Fla., have formed the B. & B. Music Shop
and opened for business last week in a spacious store
at Lemon and Fourth streets. It is the purpose of
the owners to do a general music business.
MUSIC STORE ROBBED.
P>urglars recently entered the store of W. J.
Augusta, Fond du Lac, Wis., and stole two receiving
sets, a loud speaker and other articles, altogether
valued at close to $500.
declared that the song writers had been unjustly
treated by the companies, who had, in more than
one instance, not paid the composers what was due
them.
WINDOW DISPLAYS INAUGURATED
The announcement has been made in Presto of the
new Chicago home of the Story & Clark Piano Co.,
at 173 North Michigan avenue. The change from the
"old piano row" on Wabash avenue to the new home
on Michigan will not be effected until late in the
spring. However, the enterprising firm has gone for-
ward with elaborate decorations that will make the
opening a beautiful event.
The above picture showing an attractive model of
the Story & Clark grand is the first window display
in the new home. It suggests a refined atmosphere
and depicts the quality of the extensive line that will
soon be displayed in the well appointed warerooms
of the new home.
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