Music Trade Review
Issue: 1895 Vol. 21 N. 10 - Page 13
Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
THE MUSIC TRADE REVIEW.
Copyrights.
THOUSANDS OF CERTIFICATES NOT WORTH THE
PAPER THEY ARE WRITTEN ON.
MONG those who have been trying
for years to secure common sense
copyright legislation, the muddles arising
out of the present system are not regarded
as unmixed evils. For ten years efforts
have been made to secure, not so much an
amendment of the existing copyright law
as its entire repeal and the substitution
therefor of an act constituting a board of
copyright commissioners under an entirely
different system. At almost every con-
vention of the United Typothetae of
America the question has been agitated,
and at the present time a committee is at
work collecting and tabulating the views
of publishers, printers and authors with a
view to having a new law drafted. The
recent amendment abolishing cumulative
penalties for the reproduction of a copy-
righted illustration is a step in the right
direction, but, owing to the complicated
condition of both the national and interna-
tional copyright laws, it does not begin to
solve the problem. Under the law recent-
\y amended a printer who accepted an il-
lustration or cut handed him by a cus-
tomer, and used it in printing for that gen-
tleman or corporation a circular catalogue,
rendered himself liable to a penalty based
upon the number of copies printed, and
which is limited to twice the original cost
of the photograph.
During the irregularities which have cul-
minated in financial complications at the
Copyright Office, great delay has occurred
in sending certificates. When attention is
called to this delay a printed reply is re-
ceived acknowledging receipt of previous
communication, stating that certificate will
be sent in due course, and that protection
has been granted. No questions whatever
are asked, and if half a dozen people copy-
right the same title-page, printed matter,
work of art, design or chart, the office ac-
cepts the fee in each case and issues a full-
fledged certificate, which leaves each man
in blissful ignorance of the fact that five
others have certificates identical with his.
In the case of a book the copyrighting of
the proposed title holds good for a "reason-
able time," but is not completed until two
copies of the complete issue have been sent
to the library. These copies must be sent
on or before the day of publication, or the
certificate, if it ever had any value, be-
comes void as a mattei of course.
Richard Ennis, of St. Louis, who has
probably made more speeches and written
more papers on the anomalies of the do-
mestic and international copyright laws
than any other man in the country, was
A
asked recently by a reporter of the Globe of
that city about copyright matters in Wash-
ington, and said: " I am not at all surprised
to find that Mr. Spofford's accounts are tan-
gled up. Everything in the copyright
office is in the same condition,, and it is a
wonder the records are as accurate as they
are.
"The local case in which a lady composer
is sailing a local music publishing house for
neglecting to secure a copyright for her is
only a case in point. The publishers ap-
pear to have an absolute defense in the form
of a receipt from the Librarian of Congress
tor copyright fees paid, but if the matter
is pressed they will have to go into court
and pay a great deal of money in the way
of costs. Here is a cut a customer of mine
wants me to use in a work I am producing
for him. He assures me it is not copyright-
ed, and I know he thinks he is correct. It
is impossible, however, for me to find out
for sure whether it has not been copyright-
ed without his knowledge, and if I use it I
am rendering myself liable to penalties for
merely carrying out instructions of a tech-
nical character. Any one who sees an arti-
cle or contribution that he thinks is likely
to be in demand can copyright it, obtain a
certificate and reproduce it with the legal
notice of copyright attached. Not one per-
son in a thousand would ever guess that it
had been printed before, and by deliberate
false pretense the holder of a worthless
copyright can, with official indorsement,
make money.
"Tne effect of the international copyright
law is still more disastrous than the Amer-
can law itself. This country suffers excep-
tionally from the law. The act was signed
by Piesident Harrison under assurances
from Lord Salisbury, who was then Prime
Minister of England, that he would obtain
the concurrence of the Canadian Parlia-
ment. I don't know whether he ever tried
very hard to secure the necessary legisla-
tion in the Dominion, but he certainly
never delivered the goods. The enactments
at present on our statute books are futile
and inoperative, involving innocent citi-
zens in endless trouble and expensive liti-
gation. No man can tell what does or does
not copyright. Our legislators freely ad-
mit their ignorance on the subject. The
international copyright law has proved an
utter failure. Books must be copyrighted
simultaneously in the different countries
in which the copyright is sought, and pub-
lished, from plates manufactured in said
countries, with a few exceptions, of which
France is the most notable. A small pub-
lisher or author can not afford to appoint
agents in all foreign countries to copyright
his work, and hence has no protection.
"The music publishers of St Louis have
advocated with much force the policy of al-
lowing an author or publisher to take out
KROEGER
I/ r **s-t.sxsv>.rk«« n ! n « 4 ^
C*^
in his own country copyrights for all na-
tions willing to agree to the arrangement.
The Librarian could foiward the amounts
to the different countries, and a reasonable
limit of time could be given. As it is, the
copyright law passed in Mr. Harrison's ad-
ministration is a gift with a string attached
to it. If the protection for a period of
six or twelve months was granted, the com-
panies themselves would profit by issuing
a hundred copyrights, when at present not
five are taken out. Moreover, the poor
man of brain, for whose benefit laws
should certainly be passed as much as for
the wealthy corporations, would obtain
some benefit, whereas at the present time
he is really helpless. I have felt the injus-
tice of the law so keenly that I have kept
on agitating the matter, especially among
my brother printers and publishers. Some
day the public will awake to the great in-
justice done them, and then the law will be
amended without delay.
"What I want is a Board of Copyright
Examiners appointed with power to pass
upon all matters atibmitted to them for
copyright. It ought to be determined ex-
actly what can and can not be copyrighted,
and the board should have the power to de-
cide in each case whether matter submitted
comes within the regulations or not, mere-
ly giving temporary protection while the
investigation is being made. An author or
publisher could then use the words l cop)^-
right applied for,' just as an inventor now
protects himself by marking his inventions
'patent applied for.' This in my opinion
ought to apply to both national and inter-
national copyright, and if a competent
board were established, nearly all the diffi-
culties which now exist could be remedied.
The domestic copyright law is so foolish
that there is not much use discussing it.
The international copyright law works a
great injustice" upon the reading public,
and especially upon poor students. Under
the present plan a wealthy publishing
house secures the copyright of a work pop-
ular in some other country, and can compel
American readers to pay four or five times
the original publication price. The law
introduced in October, 1888, by Senator
Chase, of Rhode Island, was defeated, but
the Copyright League succeeded in getting
the Simmons bill passed. It was very lit-
tle better than the Chase bill, and it has
not secured the results which were antici-
pated for the public, although it has more
than fulfilled the expectations of the great
publishing houses who worked for it. I do
not for a moment suggest that foreign au-
thors and publishers ought not to be pro-
tected, but under the present system pro-
tection is given where protection is not
needed, and withheld where it ought to be
provided. The subject is one of equal in-
terest on both sides of the Atlantic."
Established 1862
K r o e g e r P i a n o Co, incorporated
Hanufac-
Upright Pianos of a Reliable Grade at a medium price. Remember to
turcrs of look up the " Kroeger." It will please you. It is sold at the right price.
524 to 532 East 134th St., New York
THE MUSIC TRADE REVIEW.
Copyrights.
THOUSANDS OF CERTIFICATES NOT WORTH THE
PAPER THEY ARE WRITTEN ON.
MONG those who have been trying
for years to secure common sense
copyright legislation, the muddles arising
out of the present system are not regarded
as unmixed evils. For ten years efforts
have been made to secure, not so much an
amendment of the existing copyright law
as its entire repeal and the substitution
therefor of an act constituting a board of
copyright commissioners under an entirely
different system. At almost every con-
vention of the United Typothetae of
America the question has been agitated,
and at the present time a committee is at
work collecting and tabulating the views
of publishers, printers and authors with a
view to having a new law drafted. The
recent amendment abolishing cumulative
penalties for the reproduction of a copy-
righted illustration is a step in the right
direction, but, owing to the complicated
condition of both the national and interna-
tional copyright laws, it does not begin to
solve the problem. Under the law recent-
\y amended a printer who accepted an il-
lustration or cut handed him by a cus-
tomer, and used it in printing for that gen-
tleman or corporation a circular catalogue,
rendered himself liable to a penalty based
upon the number of copies printed, and
which is limited to twice the original cost
of the photograph.
During the irregularities which have cul-
minated in financial complications at the
Copyright Office, great delay has occurred
in sending certificates. When attention is
called to this delay a printed reply is re-
ceived acknowledging receipt of previous
communication, stating that certificate will
be sent in due course, and that protection
has been granted. No questions whatever
are asked, and if half a dozen people copy-
right the same title-page, printed matter,
work of art, design or chart, the office ac-
cepts the fee in each case and issues a full-
fledged certificate, which leaves each man
in blissful ignorance of the fact that five
others have certificates identical with his.
In the case of a book the copyrighting of
the proposed title holds good for a "reason-
able time," but is not completed until two
copies of the complete issue have been sent
to the library. These copies must be sent
on or before the day of publication, or the
certificate, if it ever had any value, be-
comes void as a mattei of course.
Richard Ennis, of St. Louis, who has
probably made more speeches and written
more papers on the anomalies of the do-
mestic and international copyright laws
than any other man in the country, was
A
asked recently by a reporter of the Globe of
that city about copyright matters in Wash-
ington, and said: " I am not at all surprised
to find that Mr. Spofford's accounts are tan-
gled up. Everything in the copyright
office is in the same condition,, and it is a
wonder the records are as accurate as they
are.
"The local case in which a lady composer
is sailing a local music publishing house for
neglecting to secure a copyright for her is
only a case in point. The publishers ap-
pear to have an absolute defense in the form
of a receipt from the Librarian of Congress
tor copyright fees paid, but if the matter
is pressed they will have to go into court
and pay a great deal of money in the way
of costs. Here is a cut a customer of mine
wants me to use in a work I am producing
for him. He assures me it is not copyright-
ed, and I know he thinks he is correct. It
is impossible, however, for me to find out
for sure whether it has not been copyright-
ed without his knowledge, and if I use it I
am rendering myself liable to penalties for
merely carrying out instructions of a tech-
nical character. Any one who sees an arti-
cle or contribution that he thinks is likely
to be in demand can copyright it, obtain a
certificate and reproduce it with the legal
notice of copyright attached. Not one per-
son in a thousand would ever guess that it
had been printed before, and by deliberate
false pretense the holder of a worthless
copyright can, with official indorsement,
make money.
"Tne effect of the international copyright
law is still more disastrous than the Amer-
can law itself. This country suffers excep-
tionally from the law. The act was signed
by Piesident Harrison under assurances
from Lord Salisbury, who was then Prime
Minister of England, that he would obtain
the concurrence of the Canadian Parlia-
ment. I don't know whether he ever tried
very hard to secure the necessary legisla-
tion in the Dominion, but he certainly
never delivered the goods. The enactments
at present on our statute books are futile
and inoperative, involving innocent citi-
zens in endless trouble and expensive liti-
gation. No man can tell what does or does
not copyright. Our legislators freely ad-
mit their ignorance on the subject. The
international copyright law has proved an
utter failure. Books must be copyrighted
simultaneously in the different countries
in which the copyright is sought, and pub-
lished, from plates manufactured in said
countries, with a few exceptions, of which
France is the most notable. A small pub-
lisher or author can not afford to appoint
agents in all foreign countries to copyright
his work, and hence has no protection.
"The music publishers of St Louis have
advocated with much force the policy of al-
lowing an author or publisher to take out
KROEGER
I/ r **s-t.sxsv>.rk«« n ! n « 4 ^
C*^
in his own country copyrights for all na-
tions willing to agree to the arrangement.
The Librarian could foiward the amounts
to the different countries, and a reasonable
limit of time could be given. As it is, the
copyright law passed in Mr. Harrison's ad-
ministration is a gift with a string attached
to it. If the protection for a period of
six or twelve months was granted, the com-
panies themselves would profit by issuing
a hundred copyrights, when at present not
five are taken out. Moreover, the poor
man of brain, for whose benefit laws
should certainly be passed as much as for
the wealthy corporations, would obtain
some benefit, whereas at the present time
he is really helpless. I have felt the injus-
tice of the law so keenly that I have kept
on agitating the matter, especially among
my brother printers and publishers. Some
day the public will awake to the great in-
justice done them, and then the law will be
amended without delay.
"What I want is a Board of Copyright
Examiners appointed with power to pass
upon all matters atibmitted to them for
copyright. It ought to be determined ex-
actly what can and can not be copyrighted,
and the board should have the power to de-
cide in each case whether matter submitted
comes within the regulations or not, mere-
ly giving temporary protection while the
investigation is being made. An author or
publisher could then use the words l cop)^-
right applied for,' just as an inventor now
protects himself by marking his inventions
'patent applied for.' This in my opinion
ought to apply to both national and inter-
national copyright, and if a competent
board were established, nearly all the diffi-
culties which now exist could be remedied.
The domestic copyright law is so foolish
that there is not much use discussing it.
The international copyright law works a
great injustice" upon the reading public,
and especially upon poor students. Under
the present plan a wealthy publishing
house secures the copyright of a work pop-
ular in some other country, and can compel
American readers to pay four or five times
the original publication price. The law
introduced in October, 1888, by Senator
Chase, of Rhode Island, was defeated, but
the Copyright League succeeded in getting
the Simmons bill passed. It was very lit-
tle better than the Chase bill, and it has
not secured the results which were antici-
pated for the public, although it has more
than fulfilled the expectations of the great
publishing houses who worked for it. I do
not for a moment suggest that foreign au-
thors and publishers ought not to be pro-
tected, but under the present system pro-
tection is given where protection is not
needed, and withheld where it ought to be
provided. The subject is one of equal in-
terest on both sides of the Atlantic."
Established 1862
K r o e g e r P i a n o Co, incorporated
Hanufac-
Upright Pianos of a Reliable Grade at a medium price. Remember to
turcrs of look up the " Kroeger." It will please you. It is sold at the right price.
524 to 532 East 134th St., New York
Future scanning projects are planned by the International Arcade Museum Library (IAML).