Music Trade Review

Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
THE MUSIC TRADE REVIEW.
COPYRIGHT IS NO PROTECTION.
A HATTER OF VITAL IMPORTANCE TO PUB-
LISHERS AND COMPOSERS.
S
HE Copyright Laws of the United States
were, never—amended or otherwise—a
clever specimen of legal architecture. They
have served ostensibly as a handy medium to
make poor lawyers wealthy. The more they
are studied, the more this idea grows on you.
Lately our attention was called to what we con-
sider a very vital defect in the Copyright Laws
effecting the publishers and composers of music
in the United States, which, we think, is of
sufficient gravity to merit the attention of our
musical public, and induce some kind of reme-
dial legislation.
As generally understood, a copyright is
secured by the payment of a stipulated sum and
the delivery of a printed copy of the '' title ''
of musical composition or book to the Librarian
of Congress, at Washington; such copyright
protects " t i t l e " and contents for a limited
period. Acting on this popular interpretation
of the Copyright Laws, publishers and com-
posers send in their dollars on the presumption
that their publications are protected against
piracy and fraud.
The question is : Are they protected ?
In the opinion of some very eminent lawyers
they are not. -The fact of the matter is, the
copyright of a musical composition gives the
publisher no protection whatever to its '' title ''
or name, unless he has had foresight enough to
trademark the same. This is an unusual and
expensive proceeding, costing twenty-five dol-
lars, but it is a publisher's only protection.
As it is now, Tom Jones can come along to-
morrow and appropriate the name of any one of
the successes of the day, make up four or six
pages of music out of his musty plates, and
pocket an unlimited number of dollars as the
result of a popularity which cost the original
publisher no small amount of money.
You may say, "What's in a name? " In a
case like this there is considerable. For when
a song becomes popular the name is as much a
part of our everyday life as the music. Pur-
chasers will go into a store and unconsciously
purchase Tom Jones' song because it is the title
of the song they have heard sung and whistled,
and here commences a disgraceful fraud, which
effects the publisher, composer, dealer and pur-
chaser alike.
The most striking thing in this connection is
that the United States is a party to this fraud.
It receives money under false pretenses. It
guarantees to give the publisher protection, but
instead, its representative, the Librarian of Con-
gress, extends the same courtesy to the party
who is guilty of this manifest violation of every
principle of commercial honor, as to the pub-
lisher or composer.
This condition of things should be changed—
common honesty and business ethics demand it.
When a name or title of song is copyrighted it
should be part and parcel of the whole. Some
of the finest works in the literary world were
popularized and perpetuated by their names,
and the same applies to our music. Our music
publishers should have an interchange of views
on this important subject, as it works an injust-
ice to all parties concerned, except the unscrup-
ulous musical pirates. The Copyright Laws
should be amended to cover this serious weak-
ness in its constitution, and the suggestions
should come from the parties most concerned.
We are desirous of assisting to remove this stain
from our Copyright Laws, and to that end invite
the opinions of all composers and publishers.
Let us hear from you upon this matter.
«
A DISTINGUISHED FAMILY.
a recent article upon the society leaders
of New York, the Commercial Advertiser
says among distinguished German families the
name of Steinway need only be mentioned to be
recognized. At present they are in mourning,
but they hold an enviable social position, and
have always entertained a great deal.
Mr. Steinway's eldest daughter married a
prominent German nobleman. Since her
mother's death she has superintended her
father's house and taken charge of her younger
sister and brothers. She has also two children
of her own. In appearance she is more like a
Spanish woman than a German, being a hand-
some brunette. She is very accomplished and
is always faultlessly dressed.
Her sister-in-law, Mrs. George Steinway, was
well known as Miss Roessler before her mar-
riage. Mr. and Mrs. Steinway reside at Great
Neck, where, as Mrs. Steinway expresses it,
"the latchstring is always o u t " for their
friends. They have three children.
Mrs. Charles Steinway, a niece of Mr. Wil-
liam Steinway, is another brilliant and hand-
some member of this family.
THE DAMROSCH AFFAIR.
HE recent course adopted by the officials
of the Musical Mutual Protection Union in
preventing members from playing with Herr
Anton Hegner, the newly imported 'cellist, at
the Symphony Society Concert, last Sunday
night, because he happened not to be a mem-
ber of their Union, savors largely of the auto-
cratic '' walking delegate '' we hear so much
of. It seems to us that an organization of in-
telligent men, such as compose this Musical
Union, should have sufficient pride in their
calling to rise above the modus operandi of pur-
veyors of brick and mortar. They apparently
forget that they belong to one of the most dig-
nified, honorable professions in this or any other
A FRENCH OPINION.
country—a profession which is cosmopolitan in
the
meeting of the French Musical
the broadest sense. National egotism will not
Instrument
Manufacturers, which was
allow us to run away with the idea that we are
held
in
Paris,
October
17th, M. Thibouville, the
superlatively perfect as a musical nation.
There is much to be learned and much to be president, who recently visited the Exposition,
gained by reciprocity. If we expect our musi- read a very interesting paper on the Fair and its
Among other things he said :
cal or dramatic artists to earn fame abroad we exhibits.
"American
pianos
are generally larger and
must give our continental cousins the same op-
more imposing than ours. While the exterior
portunity here.
appearance
is not as artistic, the finish of the
What appears strange and inconsistent in the
interior
of
the
instrument is, indeed, handsome.
present instance is that when Herr Adolph
The
action
and
general metal work is well fin-
Brodsky came here some time ago, under cir-
cumstances similar to Herr Hegner, there was ished and richly decorated. The varnish used
no objection on the grounds of being a is, without doubt, remarkable." He further
foreigner. Why deny this courtesy to Herr says: "They possess a powerful tone, but
they lack that tone quality and responsiveness
Hegner ?
of touch which is characteristic of our pianos.
Is .the animous directed against Mr. Dam-
If we could combine the artistic appearance of
rosch personally ? When we think of it, this
our instruments with the solidity of the Ameri-
is the second time within a few months that an
can, it would be a progressive move, and mean
internal eruption has occurred in the Sym-
something accomplished.''
phony Society Orchestra. Unkind critics ac-
M. Thibouville seemed especially impressed
count for this by saying that there is an utter
with
the lasting quality and beauty of the varn-
absense of sympathy between Mr. Damrosch
and his men—that his musical talents are sub- ish used on American pianos. He thinks
ordinate to the mighty fact that he is the son French manufacturers could study with profit
of a celebrated musician and the son-in-law of this special branch, and emphasizes the fact
that, while the varnishing of the American in-
one of our greatest statesmen.
struments on exhibit was not in the least ef-
However, this is not the question at issue.
fected by the wear and tear of exposure, the
It is obvious that the interference of the Musi-
French instruments, with the exception of one
cal Union is becoming decidedly tiresome, and
by M. Lary, showed decided alterations.
there should be some legal means of putting an
This is no small tribute to the varnish houses
end to it. Musical advancement is impossible
of
the United States.
if it is to be controlled and limited by an or-
ganization which, strange to say, depends for
its bread and butter on the increase in musical
progressive house of Davenport &
taste and culture in this country.
Treacy cannot complain of dull times.
Two hundred mail orders for piano plates in one
beg to announce that we have received day is no small testimonial to the popularity of
from Karl Fink a medal of great artistic this firm, while it furnishes substantial evidence
merit. It is viewed with great admiration by that we have passed the darkest hour before the
dawn of brighter days.
by our callers.