Music Trade Review

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I ML MUSIC IKADb KHVIhW.
Those formalities are not substantially
varied and are well known. There is the
necessity for delivery of a copy of the title;
and in the case of a book, dramatic or musi-
cal composition, delivery of two copies
printed from type set up in the United
States, or from plates made therefrom, or
from engraved plates made in the United
States, or from transfers therefrom (the
words in italics are added in the proposed
law).
The condition that musical compositions
must be home printed or engraved will be
a variation of the last importance. Let us
hope that this variation, together with the
not less important one giving exclusive per-
forming right to musical composers, may
supply the raisou d'etre of Mr. Treloar's
bill, without our being driven to the theory
that the bill is due to an intention to ex-
clude all foreign composers.
While on this part of the subject, it may
be noticed that sec. 28 annexes a minimum
penalty of $100 for unlawful performance
of a "dramatic or operatic composition."
No specially defined penalty is annexed to
There is, no doubt, an argument on sec. the piratical performance of non-operatic
13 of the proposed Act, to the effect that no music.
certificate of registration of copyright shall
In lieu of the present term of twenty-
be issued to a citizen of the United States eight years, renewable for another four-
except on the production of a certain affida- teen, the new law contemplates a term of
vit; and there are the forms of registration forty years, renewable for twenty.
(sec. 17) where, in the proposed title, the
Importation of piratical matter (now only
author is described as "a citizen of the prohibited) is crystallised into a misde-
United States of America." Again, after meanor, and the penalty is extended to
the word "publication" in sec. 12 of the musical compositions; and the correlative
proposed Act, the words "in this or any case of a purchase (according to the literal
foreign country" (which occur in the Act construction of the language, even where
of 1891) are omitted. There is also force in such purchase is innocent) entails a similar
the possible argument on sec. 21: "that al- stigma (sec. 14 and 15).
terations by foreign authors" in books pre-
Packages may be inspected (sec. 16) by
viously published n\&y in some cases be copy- postal or Custom House officials, and if
righted—a clause which might be unneces- tainted with piratical matter will meet
sary if books of foreign authors generally with the same fate as treasonable or blas-
were admitted; but none of these collateral phemous papers met at the hands of the
arguments would seem sufficient to import common hangman in the days of the
so crucial a limit as that in question, which, Stuarts.
if intended, might easily have been placed
The obtaining a certificate of copyright
beyond a doubt.
is, made a condition precedent to suing
The clause in the Act of 1891 (sec. 13) for infringement (sec. 18).
Subsequent editions containing substan-
extending copyright to a citizen of a state
which confers reciprocal benefits, is in tial changes may be copyrighted (sec. 21).
The obtaining a certificate of registra-
terms made applicable only to that statute,
and clause 13 is inconsistent both with that tion, strangely enough, will entail on the
interpretation of the bill which would in- proprietor the duty of delivering copies
clude and with that which would exclude under a heavy penalty (sec. 22).
foreigners, and must be taken to be repealed
By sec. 24 there must be an inscription
by the last section repealing all existing in- on some visible portion of every edition,
consistent statutes: the proclamation of or on the substance on which the same shall
the President in favor of Great Britain under be mounted, of a form giving notice of the
the Act of 1891 would fall with this repeal. claim to copyright. This clause deserves
On the whole, whatever may have been credit, as comparing favorably with the
the intention, the language of the bill, as it analogous ones in a British statute, and in
the Berne Convention.
stands, admits authors and proprietors, of
The collision between the words "musical
whatever nationality, to American cop3 r -
right, provided they comply with the for- composition" and "book" (which resulted
in Messrs. Novello's triumphant action)
malities.
cept the dictum without cavil or question;
it has been laid down, has appeared in print,
and therefore must be true.
Let us see now whether the qualification
as regards nationality for. admission to
American copyright has been varied by the
bill of Mr. Treloar. It reads in effect:
"The author or proprietor of any book . . .
shall have the sole liberty of printing and
publishing." There is no such qualifica-
tion to the word "author" as in a former
enactment (sec 4952 of the revised statutes),
which reads: "Any citizen of the United
States or resident therein who shall be the
author." "Author," unless intended to be
moulded and cut down by necessary impli-
cation from subsequent clauses, means "au-
thor" without reference to nationality.
There is, moreover, no clause (like sec. 13
in the Act of 1891) imposing the condition
that an author must be native of a state
giving reciprocal benefits to America; "au-
thor" would seem to mean any author—
American, English, or otherwise—who
complies with the provisions as to deposit
of copies, etc., in the bill.
THE CELEBRATED
STEGER
may still occur in Mr. Treloar's bill, and
some ground for a similar confusion is also
found in the apparent opposition of "book"
in sec. 26 and "dramatic composition" in
sec. 27, which imposes a penalty on print-
ing and publishing.
Piratical publishing of a MS. entails the
somewhat vague liability of all damages
caused to the proprietor by such injury.
As at present, it is sufficient if the de-
posit of title and copies is made "on or be-
fore the day of publication"; so that if the
language of the present draft is so to be
read that foreigners can comply with the
formalities and enjoy copyright, the practice
as to these formalities will remain as now.
On the whole, it would seem as if the bill
was meant to look like one thing, while the
propounder relies upon the patriotism of
American judges to hold it to be another;
if not, why was it not said in plain terms
that foreigners are or are not included in
its benefits? If he does so rely, and the
thing is concealed dynamite, he may find
that he has gone a little too far, and end b3 T
being hoisted with his own petard.—Musi-
cal Times.
Progressive F. Q. Smith.
T
HE talk of hard times does not frighten
F. G. Smith in the least.
He pur-
sues the even tenor of his way, adding to
his number of establishments in Brooklyn
and elsewhere, entirely unruffled, confident
of the prosperous future which is in store
for him and all of us—when the good times
come along. This week he closed a lease
for the property 1215, 1217 and 1 2 1 q Fulton
street, a few doors from Bedford avenue,
Brooklyn, which he will fit upas one of the
finest musical emporiums in the "City of
Churches." The purchase will not result
in his giving up any of his present establish-
ments.
J. M. HOFFMAN & Co., Sohmer agents of
Pittsburgh have taken the agency for the
Spies piano.
F. BECHTEL, music trade dealer, Pitts-
burg, Pa., has taken the agency for the
Blasius piano.
THE following officers were re-elected at
the annual meeting of the Ludden & Bates
Southern Music House, held in this city
last week: President, W. Ludden; vice-
president, J. A. Bates; treasurer, J. Smith;
secretary, J. D. Murphy.
N. STETSON & Co. have closed arrange-
ments whereby they will hereafter handle
the Hazelton piano in Philadelphia. A
handsome stock of instruments have been
shipped recently, which no doubt will win
the favor of our musical friends in the
"Quaker'City."
PIANOS
PATENTED 1892.
are noted for their fine singing qualr.y >-•
tone and great
durability.
i'lie
mosc
profitable Piano for dealers to handle.
STEGER & CO., Manufacturers,
Factory, Columbia Heights.
235 WABASH AVENUE, CHICAGO