Presto

October 31, 1925.
25
PRESTO
SHEET MUSIC AND RADIO
COMPOSERS AND BROADCASTERS
Department of Commerce Official Endeavoring to
Bring Two Interests Together at Radio Conference.
The composers having gained an important point
through the action of the United States Supreme
Court in denying the appeal of the broadcasters, the
next stage of the controversy is likely to take place
at the fourth national radio conference next month
in Washington.
"While this whole situation is in a state of rlux,"
said E. C- Mills, speaking for the American Society
of Composers, "and because of too effort upon the
part of the broadcasters to sit down with us and try
to work out a mutually satisfactory and acceptable
basis for the use of copyrighted music in broadcast
programs, we are confessedly somewhat uncertain as
to what will be our final policy."
Nevertheless it has become known that Judge S. B.
Davis, Jr., right hand man for Secretary Hoover at
the department of commerce, is endeavoring in a
friendly way to bring the two factions together. This
is expected to lead to a meeting at the national radio
conference of representatives of composers and broad-
casters, and to a possible settlement of one of the
most protracted and serious controversies in the his-
tory of radio.
"The denial by the Supreme Court represents the
last and final word on the subject," Mr. Mills de-
clared. "It is no longer debatable whether the copy-
right law in relation to 'public performances for pur-
poses of profit" applies to broadcast programs.
"The United States Circuit Court of Appeals has
said that it does and the United States Supreme Court
with the record of the trial in the lower court before
it, denied the petition for a writ which would bring
the case into the higher court and lias thus confirmed
the decision."
From the outset of broadcasting the owners of
musical copyrights, speaking through the Society of
Composers, have contended that renditions by radio
constituted a "public performance" within the mean-
ing of the copyright law, and that broadcasts by
commercial stations were "for the purposes of profit."
and that therefore the broadcasting of a copyrighted
work was unlawful unless done by consent of the
owner of the copyright.
The effect of this decision by the Supreme Court,
according to the composers, is to place every owner
of a copyrighted musical work in a position to
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Manufacturers of
RADIO
require that the broadcaster, before using the work in
a radio program, shall procure a license from the
copyright owner.
The fees charged by the composers for the use of
the compositions of its members in broadcast pro-
grams range from $250 to $2,500 per annum, and for
strictly advertising programs, if the music of its
members be used, it charges an average fee of $20
per hour. Payment of these fees gives the broad-
caster a right to use in his programs a vast catalogue
of the most popular current compositions as well as
standard works.
SPEEDING UP RADIO MEETING
Conference Called for November 9 in Washington
Urged to Quick Action by Hoover.
The fourth national radio conference in Washing-
ton Monday, November 9, may not last more than
three days. A hard working individual with execu-
tive ability, tact, and some technical experience is
being sought for the position of secretary to the con-
ference. This post has been admirably filled since
the first conference by Laurens E. Whittemore, but
inasmuch as he is now with a New York commercial
concern his services will not be available this year.
Secretary Hoover's right hand man in radio mat-
ters. Judge S. B. Davis, might be considered, but it
is doubtful if his numerous duties besides radio would
make it possible for him to devote his entire time to
the convention.
U. S. FANS FORTUNATE.
The fact that radio set owners in England, France,
Germany, and practically all the other countries of
Europe pay millions of dollars a year to their re-
spective governments as taxes on their receivers is
pointed out by S. R. Wiley, president of the Nation
Radio Service League of New York, as a warning
to American listeners, who now enjoy a total free-
dom from such burdens. "The United States is the
only country in the world that does not tax radio
apparatus," said Mr. Wiley this week.
TINIEST RECEIVING SET.
A number of unique receivers have been con-
structed by fans who hope to carry off one or more
of the numerous prizes offered in the radio receiving
set contest for amateurs at the fouth annual radio
show in Chicago, November 16. Miss Louise Carl-
worth has entered the contest for girls and women
with a tiny receiver that is so small that it could
easily be used for the setting in a finger ring. The
set is of the crystal variety and actually works, ac-
cording to Miss Carlworth.
RADIO IN HUNGARY.
The governmental decree, which will contain regu-
lations governing the sale and operation of radio sets
in Hungary, has not as yet been issued and conse-
quently the sale of radio sets and parts is not legally
permitted. Interest in radio is, nevertheless, appar-
ent and it is believed that, if permitted, the use of
radio receivers will develop rapidly subsequent to the
issuance of the regulations.
FOR INTERNATIONAL CONFERENCE.
Tables
Cabinets
Consoles
Elgin Phonograph & Novelty Co.
Elgin, 111.
A vivid picture of the immense future of radio,
and the prediction that an international radio confer-
ence to settle grave issues "cannot be much longer
delayed," formed high lights in the address recently
delivered by Maj. Gen. James G. Harbord.
BOOK OF CADMAN'S OPERA.
The score and libretto of Charles Wakefield Cad-
man's new opera "Witch of Salem" is to be issued
shortly by the Oliver Ditson Co. The Chicago
Civic Opera Company has announced the opera for
production in December.
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MUSICIANS' PROTECTION
New York Times Sustains the Composers and
Publishers in Their Right to Charge
What They Think Fair.
In a long and well-written statement sent out by
the American Society of Composers, Authors and
Publishers the history of copyright in this country is
summarized briefly, and then is presented a plea for
help from the press in preventing Congress from tak-
ing, at the demand and in the interests of radio broad-
casters, action which would deprive the original pro-
ducers of music of a great part of their financial
recompense.
At first the broadcasters claimed the right to send
out anything they pleased, says the New York Times.
The courts sustained the right of the composers,
authors and publishers of music to get pay for it
when broadcast, just as, after another fight, they
established their property rights as against the manu-
facturers of phonograph records. Now they fear the
introduction in Congress of a bill which, while recog-
nizing their right to be recompensed when their
works are broadcast, will fix the maximum charge
which they can impose.
To do that obviously would be anomalous and un-
just—so obviously that it seems impossible that Con-
gress ever would do it. Still, there is some danger
owing to the fact that it would be to the interest
of the public, or to what seems like the public's im-
mediate interest, if the broadcasters could get all
music free or at a small price.
Certainly there is no reason why a maximum price
should be placed on a musician's output or produc-
tion. If he charged too much, he would find no pur-
chasers, but, like other people, his right to charge
what he can get seems indubitable. Music is not
one of the necessaries of life, like coal or wheat.
RADIO STUDIO APPLAUSE.
Applause in the radio studio is one of the early
misdemeanors of broadcasting which has lingered.
It is meaningless on the air and perhaps irritating to
the listener. The listener should like to feel that a
program is privately his, and not that he is eaves-
dropping on some other one's salon concert, says
the Chicago Tribune. It is not genuine applause, to
be taken by the artist as commendatory, because if
hand clapping is the vogue all of the studio visitors
feel constrained to applaud through courtesy; and its
service in warming an artist to his work or in dis-
persing "mike fright" is negligible.
NEVIN SUCCEEDS K. S. CLARK.
Arthur Nevin. the well known composer, recently
appointed assistant secretary of the National Music
Week Committee, succeeds Kenneth S. Clark, who
carried the brunt of National Music Week so success-
fully for the past two years, and who has left to be-
come executive secretary of the Associated Glee
Clubs of America.
REMICK SONG HITS
Sometime
By the Light of the Stars
Sweet Georgia Brown
If I Had a Girl Like You
Got No Time
You Told Me To Go
Mother Me Tennessee
Oh Lovey Be Mine
On the Bam Bam Bamy Shore
Good Mornin'
I'm Going to Charleston, Back to
Charleston
Let's Wander Away
When Eyes of Blue Are Fooling You
J. H. REMICK & CO.
New York
Chicago
Detroit
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