Music Trade Review
Issue: 1905 Vol. 40 N. 7 - Page 42
Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
42
THE
MUSIC TRADE
REVIEW
ROYALTY DEMANDED FOR MUSIC USED ON TALKING MACHINES.
Ruling of French Court Causes Consternation in Paris—Royalty of Seven Cents Asked on Every
Cylinder Sold—Situation Discussed by Prominent Lawyer for Talking Machine World—How
Laws of This Country and France Differ on This Subject.
Advices from Paris, France, under date of
February 11, state that a crisis has been created
in the talking machine record trade in France by
the unexpected judgment of a Paris court, which,
in the interests of the Society of Music Publish-
ers, has placed the talking machine in the same
category as an orchestra, prohibiting it from re-
producing copyrighted songs or music. The soci-
ety has long complained of the injury done to
its business by the talking machine, but had not
instigated any action. The one in question was
brought by a speculator, who offered the soci-
ety to undertake the suit at his own expense if
they would give him power of attorney and share
the royalties which it was anticipated could b©
recovered from the talking machine companies
in the event of the action being successful.
The decision has caused the stoppage of the
sale of records pending a settlement of the affair,
which, it is believed, will result in the re-
peal of an old law on which the ruling is based.
Meanwhile, several thousand talking machine
shops in France, which employ thousands of
hands, are affected, while foreign firms are liable
to have their stocks seized.
M. Pathe, of Pathe Freres, the largest firm of
record makers in France, says the society de-
mands a royalty of seven cents on every cylinder
sold containing a copyrighted songs or music.
The payment of such a sum, he says, would be
ruinous. He offers to pay 10 per cent, on his
gross sales, but the society refused to accept the
terms. M. Pathe, a large part of whose custom
comes from Great Britain and America, threat-
ens to remove his works to London.
The above suit is evidently that instituted,
about two years back, against the French agent
of a concern then known as the International
Zonophone Co., of Berlin, since absorbed by the
Gramophone & Typewriters, Ltd., of London,
Eng. It was stated at the time by F. M. Pres-
cott, the manager of the company, that the action
was being rigorously fought by the complain-
ants, and that the talking machine people were
afraid of losing, hence were anxious to secure
American precedents. The foregoing advices in-
dicate these fears were well founded.
An attorney conversant with the litigation in-
volving the use of copyright music on talking
machine records, after reading the above ac-
count, expressed himself as follows to The Talk
ing Machine World: "When I was in France
last I had occasion to examine the French copy-
right law, and I found it quite different from
our Federal statute. It is broader, more com-
prehensive, more specific, and gives the owner of
a copyright a greater reach and a freer scope
than here; in fact, the difference is marked. The
French law is very definite in its provisions, and
American precedents—if such existed—would be
of no avail in the courts of France.
"About eight years ago," continued the lawyer,
"the John Church Co. instituted a suit against
the Columbia Phonograph Co., for infringement
of their copyrights under the United States law
in connection with its sound or disk records.
The defense put in such a strong answer that
the complaint was dropped and has never been
heard from since. In my opinion, which was
also set forth in the case just cited, a phono-
graphic sound or disk record is a piece of spe-
cific mechanism, is absolutely unintelligible to
sight, and is a functional part of the machine;
whereas on a perforated music roll the perfora-
tions are in reality a species of musical notation,
which can be read at sight by those familiar
with the scale employed. As a matter of fact,
copyright privileges are the creatures of statute,
and the United States law, according to my in-
terpretation and that of many prominent patent
attorneys, is not broad enough to interfere with
the manufacture, sale or use of either perfor-
ated music rolls or phonographic cylinder or
disk records."—-Talking Machine World.
CONCERTS AT LYON & HEALY'S.
Chicago Office, Music Trade Review,
36 La Salle St., Chicago, 111., Feb. 11, 1905.
C. E. Goodwin, manager of the talking ma-
chine department of Lyon & Healy, returned on
Monday from a trip to the East. He found the
Victor people very busy and promising some
marked surprises in the near future. Last Tues-
day evening Lyon & Healy inaugurated the first
of a series of monthly concerts designed to give
the firm's customers a chance to hear the new
records on the supplementary list issued each
month. The crowds were so great that Aeolian
Hall and the Aeolian warerooms were filled. An
overflow concert was given in Victor Hall, and
even then fully 150 people were turned away.
Next month Steinway Hall will in all probabil-
ity be secured.
HOW WE HEAR OTTR OWN VOICES.
If a person records on a phonograph a few sen-
tences pronounced by himself together with
others by his friends, and causes the machine to
reproduce these at the end of a brief period, it
generally happens that he easily recognizes his
friend's voices, but not his own. On the other
hand, the friends recognize his voice perfectly.
This singular fact proves that everyone hears
his own voice differently from others. As Is re-
marked by Professor Exner, recently, the differ-
ence must lie in the quality of tone.
A VALUABLE ADDITION.
Among the latest additions to the National
Museum at Dublin, Ireland, is a set of Irish bag
pipes of about 1750, showing a form of which
there was hitherto no example in the museum.
COLUMBIA WINS OVER ALL OTHERS
The GraphopKone a n d Columbia. Records Receive Honors a.t
the St. Louis Exposition equal to those given
Type AY.
Price, $50.
ALL OTHER TALKING MACHINE
COMPANIES COMBINED.
Music dealers will find the Graphophone
a ready seller. If you have not already put in
a line of these delightful " music machines"
do not lose another moment before doing so.
They are made in several types, both in cylinder
and disc machines.
C o l u m b i a records are unequaled
for quality, loudness and clearness
of tone, and resonance. They are
made in endless variety from Grand Opera selections to the
latest popular song hits, and by the best artists of this country
and Europe. Write for prices and discounts to dealers.
LARGEST TALKING MACHINE FACTORY IN THE WORLD.
COLUMBIA PHONOGRAPH COMPANY
PIONEERS AND L E A D E R S IN THE TALKING MACHINE ART.
NEW YORK: 863 and 872 Broadway.
BOSTON: 1
CHICAGO: 88 Wabash Avenue.
GRAND PRIZE. PARIS. 1900.
LONDON: 89 Great Eastern Street, E. C.
BERLIN: 71 Ritterttrasse.
42
THE
MUSIC TRADE
REVIEW
ROYALTY DEMANDED FOR MUSIC USED ON TALKING MACHINES.
Ruling of French Court Causes Consternation in Paris—Royalty of Seven Cents Asked on Every
Cylinder Sold—Situation Discussed by Prominent Lawyer for Talking Machine World—How
Laws of This Country and France Differ on This Subject.
Advices from Paris, France, under date of
February 11, state that a crisis has been created
in the talking machine record trade in France by
the unexpected judgment of a Paris court, which,
in the interests of the Society of Music Publish-
ers, has placed the talking machine in the same
category as an orchestra, prohibiting it from re-
producing copyrighted songs or music. The soci-
ety has long complained of the injury done to
its business by the talking machine, but had not
instigated any action. The one in question was
brought by a speculator, who offered the soci-
ety to undertake the suit at his own expense if
they would give him power of attorney and share
the royalties which it was anticipated could b©
recovered from the talking machine companies
in the event of the action being successful.
The decision has caused the stoppage of the
sale of records pending a settlement of the affair,
which, it is believed, will result in the re-
peal of an old law on which the ruling is based.
Meanwhile, several thousand talking machine
shops in France, which employ thousands of
hands, are affected, while foreign firms are liable
to have their stocks seized.
M. Pathe, of Pathe Freres, the largest firm of
record makers in France, says the society de-
mands a royalty of seven cents on every cylinder
sold containing a copyrighted songs or music.
The payment of such a sum, he says, would be
ruinous. He offers to pay 10 per cent, on his
gross sales, but the society refused to accept the
terms. M. Pathe, a large part of whose custom
comes from Great Britain and America, threat-
ens to remove his works to London.
The above suit is evidently that instituted,
about two years back, against the French agent
of a concern then known as the International
Zonophone Co., of Berlin, since absorbed by the
Gramophone & Typewriters, Ltd., of London,
Eng. It was stated at the time by F. M. Pres-
cott, the manager of the company, that the action
was being rigorously fought by the complain-
ants, and that the talking machine people were
afraid of losing, hence were anxious to secure
American precedents. The foregoing advices in-
dicate these fears were well founded.
An attorney conversant with the litigation in-
volving the use of copyright music on talking
machine records, after reading the above ac-
count, expressed himself as follows to The Talk
ing Machine World: "When I was in France
last I had occasion to examine the French copy-
right law, and I found it quite different from
our Federal statute. It is broader, more com-
prehensive, more specific, and gives the owner of
a copyright a greater reach and a freer scope
than here; in fact, the difference is marked. The
French law is very definite in its provisions, and
American precedents—if such existed—would be
of no avail in the courts of France.
"About eight years ago," continued the lawyer,
"the John Church Co. instituted a suit against
the Columbia Phonograph Co., for infringement
of their copyrights under the United States law
in connection with its sound or disk records.
The defense put in such a strong answer that
the complaint was dropped and has never been
heard from since. In my opinion, which was
also set forth in the case just cited, a phono-
graphic sound or disk record is a piece of spe-
cific mechanism, is absolutely unintelligible to
sight, and is a functional part of the machine;
whereas on a perforated music roll the perfora-
tions are in reality a species of musical notation,
which can be read at sight by those familiar
with the scale employed. As a matter of fact,
copyright privileges are the creatures of statute,
and the United States law, according to my in-
terpretation and that of many prominent patent
attorneys, is not broad enough to interfere with
the manufacture, sale or use of either perfor-
ated music rolls or phonographic cylinder or
disk records."—-Talking Machine World.
CONCERTS AT LYON & HEALY'S.
Chicago Office, Music Trade Review,
36 La Salle St., Chicago, 111., Feb. 11, 1905.
C. E. Goodwin, manager of the talking ma-
chine department of Lyon & Healy, returned on
Monday from a trip to the East. He found the
Victor people very busy and promising some
marked surprises in the near future. Last Tues-
day evening Lyon & Healy inaugurated the first
of a series of monthly concerts designed to give
the firm's customers a chance to hear the new
records on the supplementary list issued each
month. The crowds were so great that Aeolian
Hall and the Aeolian warerooms were filled. An
overflow concert was given in Victor Hall, and
even then fully 150 people were turned away.
Next month Steinway Hall will in all probabil-
ity be secured.
HOW WE HEAR OTTR OWN VOICES.
If a person records on a phonograph a few sen-
tences pronounced by himself together with
others by his friends, and causes the machine to
reproduce these at the end of a brief period, it
generally happens that he easily recognizes his
friend's voices, but not his own. On the other
hand, the friends recognize his voice perfectly.
This singular fact proves that everyone hears
his own voice differently from others. As Is re-
marked by Professor Exner, recently, the differ-
ence must lie in the quality of tone.
A VALUABLE ADDITION.
Among the latest additions to the National
Museum at Dublin, Ireland, is a set of Irish bag
pipes of about 1750, showing a form of which
there was hitherto no example in the museum.
COLUMBIA WINS OVER ALL OTHERS
The GraphopKone a n d Columbia. Records Receive Honors a.t
the St. Louis Exposition equal to those given
Type AY.
Price, $50.
ALL OTHER TALKING MACHINE
COMPANIES COMBINED.
Music dealers will find the Graphophone
a ready seller. If you have not already put in
a line of these delightful " music machines"
do not lose another moment before doing so.
They are made in several types, both in cylinder
and disc machines.
C o l u m b i a records are unequaled
for quality, loudness and clearness
of tone, and resonance. They are
made in endless variety from Grand Opera selections to the
latest popular song hits, and by the best artists of this country
and Europe. Write for prices and discounts to dealers.
LARGEST TALKING MACHINE FACTORY IN THE WORLD.
COLUMBIA PHONOGRAPH COMPANY
PIONEERS AND L E A D E R S IN THE TALKING MACHINE ART.
NEW YORK: 863 and 872 Broadway.
BOSTON: 1
CHICAGO: 88 Wabash Avenue.
GRAND PRIZE. PARIS. 1900.
LONDON: 89 Great Eastern Street, E. C.
BERLIN: 71 Ritterttrasse.
Future scanning projects are planned by the International Arcade Museum Library (IAML).