Music Trade Review
Issue: 1907 Vol. 44 N. 6 - Page 47
Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
THE MUSIC TRADE REVIEW
BUSINESS IS VERY^ SATISFACTORY
With
the
Publishing
Trade—Changing
Methods Help Trade—Publishers of Standard
Works Pleased With Situation—Some Draw-
backs, However, Which Are Set Forth by
One of the Craft.
With scarcely an exception business is very
satisfactory to the publishing fraternity. Trade,
as foreshadowed last week, is improving right
along. To be sure greater efforts than ever are
being put forth to expand sales, and some in-
genuity is employed to promote trade. How
much change is going on with the methods in
vogue for this purpose leading publishers of
popular music differ in their expressions for
publication. The old-time system seems to be
passing away, and another and swifter propo-
sition is taking its place, according to the best
informed on the subject. Just how the latest
schemes will succeed, time alone will tell. This
branch of the business is fertile in ideas, crack-
brained the majority of them; but occasionally
one will work out its own salvation even if it
demoralizes the trade for the nonce.
Publishers in the steady line of standard
works seldom vary their procedure, and conse-
quently what would disturb the so-called "pop-
ular" houses causes scarcely a ripple on the calm
surface of their daily routine. With them busi-
ness is also in splendid form. Their printing
plants are driven to capacity, and have been for
months. Easter music, some of the best in
years, is now enjoying the attention of publish-
ers in this class, and it may be noticed a few of
the prominent establishments, heretofore con-
fining their output to compositions of the lighter
order, are likewise announcing a number of very
meritorious publications of this kind.
Commenting upon the current situation, a
bright, clever publisher, with not even a sug-
gestion of a "grouch," remarked to The Review:
"Business is splendid, and it now looks as if
we were to have a record-breaking season. Of
course, we have a few drawbacks, but as we are
members of the Boosters' Club they cause us no
worriment—that is to say, such little matters
as cutting the heart out of prices, the idiosyn-
crasies of writers, "what our competitors are pay-
ing professional singers, the ultimate fate of the
copyright bill, the fundamental sinfulness of
rival houses, the attitude of the jobber and a few
other items too numerous to mention. Suffice it r
Vesta Victoria's New Hit
POOR
JOHN!
By the writers of
"WAITING AT THE CHURCH"
FRANCIS, DAY & HUNTER
15 West 30th Street
NEW YORK
OUR "NEW ISSUE"
PROPOSITION
Is of Interest to all dealers—we furnish
you with any quantity of our new
thematic catalogues without charae.
We publish " The Good Old U. S. A.,"
"Just a Little Rocking Chair and You,"
"Keep On the Sunny Side," and other
big hits.
Let us get In touch with you—write us.
F. B. HavUand Pub. Co.
125 W. 37th Street, New York
we are happy; at least, that is the line of talk
we hand the newspaper corps."
CHANGES IN COPYRIGHT BILL.
Provisions of Senate Bill More Favorable to the
Interests of Composers Than That of the
House—Some of the Changes Analyzed—
Chairman Currier's Statement.
(Special to The Review.)
Washington, D. C, Feb. 4, 1907.
The Senate Copyright bill (No. 8190) is more
favorable to the interests of composers, publish-
ers, etc., than that of the House (No. 25,133).
Last week's Review printed the Senate's version
of Paragraph E (formerly G) of Section 1, dia-
metrically opposed to the reading of the House
measure. Further, the Senate carries out the
same idea in the last portion of Section 4, as
follows:
"Whenever the words 'works of an author'
appear in this act they shall be construed as
having the same meaning as writings, includ-
ing in the term 'writings' all forms of record
in which the thought of an author may be
recorded, and from which it may be read or
reproduced."
This clause has been omitted entirely in the
House bill, and another change of import occurs
in Section 20 (Section 19, House), Paragraph B,
Clause 3. Then in the misdemeanor section, that
of the House is much milder than that of the
Senate, the latter reading as follows:
"Section 21. (H. 22.) That any person who
wilfully and for profit shall infringe any copy-
right secured by this act, or who shall knowingly
and wilfully aid or abet such infringement, shall
be deemed guilty of a misdemeanor, and upon
conviction thereof shall be punished by impris-
onment for not exceeding one year or by a fine
of not less than one hundred dollars nor more
than one thousand, dollars, or both, in the discre-
tion of the court."
The bill when reported in the Senate January
29 "was read twice and placed on the calendar."
In the House it "was referred to the Committee
on Patents and ordered printed." Representative
Currier, chairman of the committee, accompanied
it with an elaborate report, of which the por-
tions relating to musical compositions and the
reproductions thereof follow:
CHAIRMAN CURRIER'S ELUCIDATING COMMENTS.
"More time was given by the committee to the
consideration of this provision (formerly para-
graph D, now E) than was given to any other
provision in the original bill. A case involving
the right to reproduce by mechanical means any
copyrighted musical composition is pending be-
fore the Supreme Court of the United States,
and your committee felt that further legislation
regarding this matter should be postponed until
we can know what construction the court will
give to the existing law. Should the court sus-
tain the contention of the plaintiff in that case,
the musical composers and publishers will prob-
ably secure all they sought to obtain by the en-
actment of the provision before mentioned, and
should the court hold the other way, Congress
can then take up the question of giving further
protection to musical authors, if it deem it wise
to do so, in a separate bill.
"This was the course adopted in England last
year, when the bill, introduced by Hon. T. P.
O'Connor, dealing solely with musical copyrights,
became a law. It is but fair to say in this con-
nection that that bill did not extend the copy-
right laws of England so as to cover perforated
musical rolls used for playing mechanical in-
struments nor records used in the reproduction
of sound waves. The case now before the Su-
preme Court, to which reference has been made,
is one involving the construction of the act ap-
proved January 6, 1897, amending section 4966
of the Revised Statutes of the United States.
"This act provides that if any person publicly
performs or represents any dramatic or musical
composition for which copyright has been ob-
tained without the consent of the proprietor
thereof, he shall be liable for damages, and if
such unlawful performance or representation be
wilful and for profit such person shall be guilty
of a misdemeanor, and upon conviction be im-
prisoned for a period not exceeding one year.
Whether this act covers the reproduction of a
musical composition by any mechanical means
for the purpose of giving a public performance
is a question upon which light will probably be
thrown by the decision of the Supreme Court in
this case.
"Your committee felt that the public perform-
ance of a musical composition without first ob-
taining the consent of the copyright proprietor
should not be prohibited in all cases, but only
when the public performance is for profit. For
that reason what was known as paragraph G in
the original bill and the last part of paragraph E
in the new draft have been eliminated. The
only provision in the bill reported to the House
regarding the reproduction of copyrighted music
by mechanical means is found in paragraph E
of section 1 as it now stands. Your committee
believe that if this is enacted into law it will
simply prohibit the public performance for profit
of copyrighted music without the consent of the
proprietor by any means whatever, whether
mechanical or otherwise.
"Section 4 uses the word 'works' as the equiva-
lent of the constitutional word 'writings,' so far
as such works shall be literary, artistic, musical,
or dramatic. On no other works can Congress
give a copyright. The word 'works' is used in
preference to 'writings' in order to make the
NEW MUSICAL COMEDIES
"THE TOURISTS," by Burnside Mid Kerker
"THE SOCIAL WHIRL," by Herbert and Kerker
"THE ROSE OF ALHAMBRA," by Cook and Hornier
Complete Vocal Score and Special Numbers
Song Hits from t h e "Rich Mr. Hoggenheimer"
"DON'T YOU WANT A PAPER, DEARIE?" POKER LOVE
"BAG PIPE SERENADE," by Jerome D.Kern
T. B. HARMS COMPANY
126 West 44th St.
NEW YORK
Another Chappell Production Success.
Spring CRickeiY
Music by IVAN CARYLL and LIONEL MONCKTON.
Real Song Hits of Sam* Are:
" I Don't Know But I Guess."
" Coquin de Printemp."
"In Rotterdam.
CHAPPELL & CO., Ltd. ^ £
PUBLISHERS' DISTRIBUTING CO.
51 West 28th Street, New York
JOBBERS ONLY
We do NOT PUBLISH Music, SELLING AGENTS
exclusively.
Carry Music of all the Publishers. W« solicit the
Sheet Music Business of Dealers throughout the country.
Orders properly taken care of and goods promptly shipped.
THE MUSIC TRADE REVIEW
BUSINESS IS VERY^ SATISFACTORY
With
the
Publishing
Trade—Changing
Methods Help Trade—Publishers of Standard
Works Pleased With Situation—Some Draw-
backs, However, Which Are Set Forth by
One of the Craft.
With scarcely an exception business is very
satisfactory to the publishing fraternity. Trade,
as foreshadowed last week, is improving right
along. To be sure greater efforts than ever are
being put forth to expand sales, and some in-
genuity is employed to promote trade. How
much change is going on with the methods in
vogue for this purpose leading publishers of
popular music differ in their expressions for
publication. The old-time system seems to be
passing away, and another and swifter propo-
sition is taking its place, according to the best
informed on the subject. Just how the latest
schemes will succeed, time alone will tell. This
branch of the business is fertile in ideas, crack-
brained the majority of them; but occasionally
one will work out its own salvation even if it
demoralizes the trade for the nonce.
Publishers in the steady line of standard
works seldom vary their procedure, and conse-
quently what would disturb the so-called "pop-
ular" houses causes scarcely a ripple on the calm
surface of their daily routine. With them busi-
ness is also in splendid form. Their printing
plants are driven to capacity, and have been for
months. Easter music, some of the best in
years, is now enjoying the attention of publish-
ers in this class, and it may be noticed a few of
the prominent establishments, heretofore con-
fining their output to compositions of the lighter
order, are likewise announcing a number of very
meritorious publications of this kind.
Commenting upon the current situation, a
bright, clever publisher, with not even a sug-
gestion of a "grouch," remarked to The Review:
"Business is splendid, and it now looks as if
we were to have a record-breaking season. Of
course, we have a few drawbacks, but as we are
members of the Boosters' Club they cause us no
worriment—that is to say, such little matters
as cutting the heart out of prices, the idiosyn-
crasies of writers, "what our competitors are pay-
ing professional singers, the ultimate fate of the
copyright bill, the fundamental sinfulness of
rival houses, the attitude of the jobber and a few
other items too numerous to mention. Suffice it r
Vesta Victoria's New Hit
POOR
JOHN!
By the writers of
"WAITING AT THE CHURCH"
FRANCIS, DAY & HUNTER
15 West 30th Street
NEW YORK
OUR "NEW ISSUE"
PROPOSITION
Is of Interest to all dealers—we furnish
you with any quantity of our new
thematic catalogues without charae.
We publish " The Good Old U. S. A.,"
"Just a Little Rocking Chair and You,"
"Keep On the Sunny Side," and other
big hits.
Let us get In touch with you—write us.
F. B. HavUand Pub. Co.
125 W. 37th Street, New York
we are happy; at least, that is the line of talk
we hand the newspaper corps."
CHANGES IN COPYRIGHT BILL.
Provisions of Senate Bill More Favorable to the
Interests of Composers Than That of the
House—Some of the Changes Analyzed—
Chairman Currier's Statement.
(Special to The Review.)
Washington, D. C, Feb. 4, 1907.
The Senate Copyright bill (No. 8190) is more
favorable to the interests of composers, publish-
ers, etc., than that of the House (No. 25,133).
Last week's Review printed the Senate's version
of Paragraph E (formerly G) of Section 1, dia-
metrically opposed to the reading of the House
measure. Further, the Senate carries out the
same idea in the last portion of Section 4, as
follows:
"Whenever the words 'works of an author'
appear in this act they shall be construed as
having the same meaning as writings, includ-
ing in the term 'writings' all forms of record
in which the thought of an author may be
recorded, and from which it may be read or
reproduced."
This clause has been omitted entirely in the
House bill, and another change of import occurs
in Section 20 (Section 19, House), Paragraph B,
Clause 3. Then in the misdemeanor section, that
of the House is much milder than that of the
Senate, the latter reading as follows:
"Section 21. (H. 22.) That any person who
wilfully and for profit shall infringe any copy-
right secured by this act, or who shall knowingly
and wilfully aid or abet such infringement, shall
be deemed guilty of a misdemeanor, and upon
conviction thereof shall be punished by impris-
onment for not exceeding one year or by a fine
of not less than one hundred dollars nor more
than one thousand, dollars, or both, in the discre-
tion of the court."
The bill when reported in the Senate January
29 "was read twice and placed on the calendar."
In the House it "was referred to the Committee
on Patents and ordered printed." Representative
Currier, chairman of the committee, accompanied
it with an elaborate report, of which the por-
tions relating to musical compositions and the
reproductions thereof follow:
CHAIRMAN CURRIER'S ELUCIDATING COMMENTS.
"More time was given by the committee to the
consideration of this provision (formerly para-
graph D, now E) than was given to any other
provision in the original bill. A case involving
the right to reproduce by mechanical means any
copyrighted musical composition is pending be-
fore the Supreme Court of the United States,
and your committee felt that further legislation
regarding this matter should be postponed until
we can know what construction the court will
give to the existing law. Should the court sus-
tain the contention of the plaintiff in that case,
the musical composers and publishers will prob-
ably secure all they sought to obtain by the en-
actment of the provision before mentioned, and
should the court hold the other way, Congress
can then take up the question of giving further
protection to musical authors, if it deem it wise
to do so, in a separate bill.
"This was the course adopted in England last
year, when the bill, introduced by Hon. T. P.
O'Connor, dealing solely with musical copyrights,
became a law. It is but fair to say in this con-
nection that that bill did not extend the copy-
right laws of England so as to cover perforated
musical rolls used for playing mechanical in-
struments nor records used in the reproduction
of sound waves. The case now before the Su-
preme Court, to which reference has been made,
is one involving the construction of the act ap-
proved January 6, 1897, amending section 4966
of the Revised Statutes of the United States.
"This act provides that if any person publicly
performs or represents any dramatic or musical
composition for which copyright has been ob-
tained without the consent of the proprietor
thereof, he shall be liable for damages, and if
such unlawful performance or representation be
wilful and for profit such person shall be guilty
of a misdemeanor, and upon conviction be im-
prisoned for a period not exceeding one year.
Whether this act covers the reproduction of a
musical composition by any mechanical means
for the purpose of giving a public performance
is a question upon which light will probably be
thrown by the decision of the Supreme Court in
this case.
"Your committee felt that the public perform-
ance of a musical composition without first ob-
taining the consent of the copyright proprietor
should not be prohibited in all cases, but only
when the public performance is for profit. For
that reason what was known as paragraph G in
the original bill and the last part of paragraph E
in the new draft have been eliminated. The
only provision in the bill reported to the House
regarding the reproduction of copyrighted music
by mechanical means is found in paragraph E
of section 1 as it now stands. Your committee
believe that if this is enacted into law it will
simply prohibit the public performance for profit
of copyrighted music without the consent of the
proprietor by any means whatever, whether
mechanical or otherwise.
"Section 4 uses the word 'works' as the equiva-
lent of the constitutional word 'writings,' so far
as such works shall be literary, artistic, musical,
or dramatic. On no other works can Congress
give a copyright. The word 'works' is used in
preference to 'writings' in order to make the
NEW MUSICAL COMEDIES
"THE TOURISTS," by Burnside Mid Kerker
"THE SOCIAL WHIRL," by Herbert and Kerker
"THE ROSE OF ALHAMBRA," by Cook and Hornier
Complete Vocal Score and Special Numbers
Song Hits from t h e "Rich Mr. Hoggenheimer"
"DON'T YOU WANT A PAPER, DEARIE?" POKER LOVE
"BAG PIPE SERENADE," by Jerome D.Kern
T. B. HARMS COMPANY
126 West 44th St.
NEW YORK
Another Chappell Production Success.
Spring CRickeiY
Music by IVAN CARYLL and LIONEL MONCKTON.
Real Song Hits of Sam* Are:
" I Don't Know But I Guess."
" Coquin de Printemp."
"In Rotterdam.
CHAPPELL & CO., Ltd. ^ £
PUBLISHERS' DISTRIBUTING CO.
51 West 28th Street, New York
JOBBERS ONLY
We do NOT PUBLISH Music, SELLING AGENTS
exclusively.
Carry Music of all the Publishers. W« solicit the
Sheet Music Business of Dealers throughout the country.
Orders properly taken care of and goods promptly shipped.
Future scanning projects are planned by the International Arcade Museum Library (IAML).