Music Trade Review
Issue: 1910 Vol. 50 N. 25 - Page 47
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I
MUSIC TRADE
1
> VOL. L. N o . 25.
Published Every Saturday by Edward Lyman Bill at 1 Madison Ave., New York, June 18,1910
PUBLISHERS' ANNUAL MEETING.
National Association Listens to Discussion of
Copyright Law and Other Matters During
Two-day Session at the Hotel Astor—Nathan
Burkan and Thorvald Solberg, the Principal
Speakers—Old Officers Re-elected.
Discussion of the new copyright law and of
matters pertaining thereto was the principal
feature of the meeting of the Music Publishers'
Association of the United States, on Tuesday and
Wednesday of this week at the Hotel Astor. It
was the longest and most interesting convention
which the association has held in several years,
the two-day session being the sixteenth annual
meeting. The principal speakers were Nathan
Burkan, the New York attorney, and Thorvald
Solberg, register of copyrights at Washington,
D. C. These two authorities on copyright mat-
ters had been invited to address the association
on "copyright." Mr. Burkan spoke on Tuesday
and Mr. Solberg on Wednesday. Some twenty-
four music publishing firms were represented.
J. L. Tindale, of G. Schirmer, Inc., president
of the association, called the meeting to order.
In the temporary absence of the secretary,
Walter S. Fischer, of Carl Fischer, C. A. Wood-
man, of the Oliver Ditson Co., Boston, officiated
during part of the first day's meeting.
E. S. Cragin, of Chas. H. Ditson & Co., read
the report of the treasurer in the absence of
E. T. Paull, who is now in Europe. The report
of the treasurer was most satisfactory, and
showed a substantial increase in the treasury.
President Tindale read his message, incorpor-
ating therein a reference to certain forms of
popular music, so-called, and giving it as his
opinion that the public will turn more and more
to classical compositions and old favorites. He
said: "Ragtime songs and music have about
served their purpose and are gradually passing
out of popular esteem. I believe the public
taste will turn more and more to classical com-
positions and old favorites. It is hard to under-
stand why barber shop philosophy and barroom
slang should be perpetuated and set to music,
and why such goods should be offered for sale
for our home and fireside entertainment."
The officers and board of directors who served
efficiently last year were re-elected as follows:
J, L. Tindale, of G. Schirmer, president; E. S.
Cragin, of Chas. H. Ditson & Co., vice-president;
Walter S. Fischer, of Carl Fischer, secretary;
E. T. Paull, of the E. T. Paull Music Co., treas-
urer. Board of directors, Walter M. Bacon, of
the White-Smith Music Publishing Co.; George
W. Furniss, of the Oliver Ditson Co.; Lawrence
B. Ellert, of the B. F. Wood Music Co.; J. F.
Bowers, of Lyon & Healy; J. P. Rechten, of
Edward Schuberth & Co., and Hamilton S.
Gordon.
The secretary read interesting letters from
M. M. Leidt, manager of the Carl Hoffman Music
Co., Kansas City, Mo.; Benj. Curtaz & Son, San
Francisco; Clayton F. Summy & Co., Chicago;
.7. Edgar Robinson, of E. F. Droop & Sons Co.,
Washington, D. C.; A. Koch, of the Milwaukee
Consolidated Music Co., Milwaukee, Wis. These
letters were referred to the board of directors
for consideration and action.
The following music publishing firms were
represented, names of both the firms and in-
dividual representatives being given in a
majority of instances: Emil Ascher, New York;
Biglow & Main Co., New York, H. P. Main;
Boosey & Co., New York, Nelson Griggs; Chap-
pell & Co., New York, Walter E. Eastman; Chas.
H. Ditson & Co., New York, E. S. Cragin; J. E.
Ditson & Co., Philadelphia, C. Holzbauer;
Oliver Ditson & Co., Boston, Mass., Chas. Bobzin,
C. A. Woodman, Geo. W. Furniss; John F.
Ellis & Co., Washington, D. C, Charles B,
Bayly; Carl Fischer, New York, Walter S
Fischer; J. Fischer & Bro., New York, George
Fischer and Carl Fischer; Thos. Goggan & Bro.,
Galveston, Tex., Wm. J. Kearney; H. S. Gordon,
New York, Hamilton S. Gordon and son; H. W.
Gray Co., New York, Mr. Trench; Walter Jacobs,
Boston, Mass.; Lyon & Healy, Chicago, 111., J. F.
Bowers; Wm. A. Pond & Co., New York, Jos.
Fletcher; A. H. Rosewig, Philadelphia, Pa.; G.
Schirmer, New York, J. L. Tindale, W. L.
Rogers, R. F. Tindale; E. Schuberth & Co.,
New York, J. F. Rechten; White-Smith
Music Publishing Co., Boston, Mass., Walter M.
Bacon, C. A. White; White-Smith Publishing Co.,
Chicago, 111., B. M. Davidson; White-Smith Music
Publishing Co., New York, L. D. Maguire; B. F.
Wood Music Co., Boston, Mass., B. F. Wood,
Lawrence B. Ellert.
BURKAN ON THE COPYRIGHT LAW.
New York Attorney Tells Publishers' Associa-
tion His Opinion on Points That Have
Come Into Question.
Nathan Burkan, addressing the meeting last
Tuesday on copyright matters, pointed out the
fact that the copyright law has gone into effect
only so recently that the courts have not yet
had opportunity to pass upon it or to interpret
and construe its many division and subdivisions.
He choose to discuss, therefore, such questio.ns
regarding the musical and dramatico-musical
provisions oi the law as occurred- to him. He
said, in part:
"The question has been propounded to me
whether stereopticon slides or picture postal
cards representing an artist's conception of the
theme of the lyric of a song constitute an in-
fringement of the copyright in the song. I am
of the opinion that this is no infringement, be-
cause an author cannot by a suggestion obtain
exclusive control of a field of thought upon a
particular subject. As the pictures only repre-
sent the artist's idea of what the author has ex-
pressed in words, they do not infringe a copy-
righted lyric, and cannot as photographs be
enjoined.
The Classifications of Songs
"In applying for copyright registration, how
shall songs be classified—as musical composi-
tions or as dramatico-musical compositions? In
the recent case of Green against Luby it was
held that a sketch consisting of a series of
recitations and songs, with a very little dialogue
SINGLE COPIES. 10 CENTS.
$1.00 PER YEAR.
and action, and with scenery, and lights thrown
upon a singer, is a dramatico-musical composi-
tion, within the provisions of the copyright law.
From a review of the authorities 1 am of the
opinion that any song requiring dramatic acting
for its proper representation is entitled to be
classified as a 'dramatico-musical composition.'
Where the song is intended for stage represen-
tation, the copies registered for copyright pur-
poses should contain the appropriate stage di-
rections, description of the scenery, costumes,
lights, and whatever may be requisite for its
proper representation.
"It is not necessary to copyright numbers that
may be published separately from a complete
vocal score which has already been copyrighted.
When such numbers are published separately,
however, it is necessary to affix the copyright
notice.
"In respect to publishing a song in a new key,
a new copyright need not be obtained. Setting
a copyrighted song in a new key is not an ar-
rangement thereof, and is therefore not a new
work.
Difference Between Old and New Law.
"There can be but one copyright for the same
work for the first term of 28 years. Second or
subsequent editions with notes or other additions
or improvements make a new work, and the
only notice required is of the date of entry of
the last edition.
"The great radical difference between the old
copyright law and the new is that under the old
law publication before recording the printed title
and depositing two copies of the best edition
of the work then issued in the librarian's office
nullified the right to copyright protection. Under
the new law, to secure copyright you must first
publish with a notice of copyright, then promptly
deposit two complete copies of the best edition
issu|ed in the copyright office. The useless
formality of recording the printed title has been
abolished. No protection is afforded between the
time of publication and the time of deposit. The
safest course is to publish the work and imme-
diately afterward, and on the same day, to mail
the copies to the Register of Copyrights.
"What is a publication? The unrestricted sale
of a single copy of a work was held to constitute
a publication. The law does not require an
effort to push the work commercially to the
utmost.
"Simultaneously publishing and depositing the
copies is improper. The law expressly states
that the work must be first published and there-
after the copies promptly deposited.
"The fact that the date of copyright is pub-
lished in a copyright notice in Roman instead
of Arabic numerals does not affect the validity
of the notice.
Protection of Author's Right.
"Frequently an author grants the publishing
rights in a work to a publisher and reserves
unto himself the performing rights. How in
such case shall the author's rights be protected?
Under such circumstances the publisher only
acquires a qualified right to the work, and only
such rights are secured under the publisher's
{Continued on page 49.)
I
MUSIC TRADE
1
> VOL. L. N o . 25.
Published Every Saturday by Edward Lyman Bill at 1 Madison Ave., New York, June 18,1910
PUBLISHERS' ANNUAL MEETING.
National Association Listens to Discussion of
Copyright Law and Other Matters During
Two-day Session at the Hotel Astor—Nathan
Burkan and Thorvald Solberg, the Principal
Speakers—Old Officers Re-elected.
Discussion of the new copyright law and of
matters pertaining thereto was the principal
feature of the meeting of the Music Publishers'
Association of the United States, on Tuesday and
Wednesday of this week at the Hotel Astor. It
was the longest and most interesting convention
which the association has held in several years,
the two-day session being the sixteenth annual
meeting. The principal speakers were Nathan
Burkan, the New York attorney, and Thorvald
Solberg, register of copyrights at Washington,
D. C. These two authorities on copyright mat-
ters had been invited to address the association
on "copyright." Mr. Burkan spoke on Tuesday
and Mr. Solberg on Wednesday. Some twenty-
four music publishing firms were represented.
J. L. Tindale, of G. Schirmer, Inc., president
of the association, called the meeting to order.
In the temporary absence of the secretary,
Walter S. Fischer, of Carl Fischer, C. A. Wood-
man, of the Oliver Ditson Co., Boston, officiated
during part of the first day's meeting.
E. S. Cragin, of Chas. H. Ditson & Co., read
the report of the treasurer in the absence of
E. T. Paull, who is now in Europe. The report
of the treasurer was most satisfactory, and
showed a substantial increase in the treasury.
President Tindale read his message, incorpor-
ating therein a reference to certain forms of
popular music, so-called, and giving it as his
opinion that the public will turn more and more
to classical compositions and old favorites. He
said: "Ragtime songs and music have about
served their purpose and are gradually passing
out of popular esteem. I believe the public
taste will turn more and more to classical com-
positions and old favorites. It is hard to under-
stand why barber shop philosophy and barroom
slang should be perpetuated and set to music,
and why such goods should be offered for sale
for our home and fireside entertainment."
The officers and board of directors who served
efficiently last year were re-elected as follows:
J, L. Tindale, of G. Schirmer, president; E. S.
Cragin, of Chas. H. Ditson & Co., vice-president;
Walter S. Fischer, of Carl Fischer, secretary;
E. T. Paull, of the E. T. Paull Music Co., treas-
urer. Board of directors, Walter M. Bacon, of
the White-Smith Music Publishing Co.; George
W. Furniss, of the Oliver Ditson Co.; Lawrence
B. Ellert, of the B. F. Wood Music Co.; J. F.
Bowers, of Lyon & Healy; J. P. Rechten, of
Edward Schuberth & Co., and Hamilton S.
Gordon.
The secretary read interesting letters from
M. M. Leidt, manager of the Carl Hoffman Music
Co., Kansas City, Mo.; Benj. Curtaz & Son, San
Francisco; Clayton F. Summy & Co., Chicago;
.7. Edgar Robinson, of E. F. Droop & Sons Co.,
Washington, D. C.; A. Koch, of the Milwaukee
Consolidated Music Co., Milwaukee, Wis. These
letters were referred to the board of directors
for consideration and action.
The following music publishing firms were
represented, names of both the firms and in-
dividual representatives being given in a
majority of instances: Emil Ascher, New York;
Biglow & Main Co., New York, H. P. Main;
Boosey & Co., New York, Nelson Griggs; Chap-
pell & Co., New York, Walter E. Eastman; Chas.
H. Ditson & Co., New York, E. S. Cragin; J. E.
Ditson & Co., Philadelphia, C. Holzbauer;
Oliver Ditson & Co., Boston, Mass., Chas. Bobzin,
C. A. Woodman, Geo. W. Furniss; John F.
Ellis & Co., Washington, D. C, Charles B,
Bayly; Carl Fischer, New York, Walter S
Fischer; J. Fischer & Bro., New York, George
Fischer and Carl Fischer; Thos. Goggan & Bro.,
Galveston, Tex., Wm. J. Kearney; H. S. Gordon,
New York, Hamilton S. Gordon and son; H. W.
Gray Co., New York, Mr. Trench; Walter Jacobs,
Boston, Mass.; Lyon & Healy, Chicago, 111., J. F.
Bowers; Wm. A. Pond & Co., New York, Jos.
Fletcher; A. H. Rosewig, Philadelphia, Pa.; G.
Schirmer, New York, J. L. Tindale, W. L.
Rogers, R. F. Tindale; E. Schuberth & Co.,
New York, J. F. Rechten; White-Smith
Music Publishing Co., Boston, Mass., Walter M.
Bacon, C. A. White; White-Smith Publishing Co.,
Chicago, 111., B. M. Davidson; White-Smith Music
Publishing Co., New York, L. D. Maguire; B. F.
Wood Music Co., Boston, Mass., B. F. Wood,
Lawrence B. Ellert.
BURKAN ON THE COPYRIGHT LAW.
New York Attorney Tells Publishers' Associa-
tion His Opinion on Points That Have
Come Into Question.
Nathan Burkan, addressing the meeting last
Tuesday on copyright matters, pointed out the
fact that the copyright law has gone into effect
only so recently that the courts have not yet
had opportunity to pass upon it or to interpret
and construe its many division and subdivisions.
He choose to discuss, therefore, such questio.ns
regarding the musical and dramatico-musical
provisions oi the law as occurred- to him. He
said, in part:
"The question has been propounded to me
whether stereopticon slides or picture postal
cards representing an artist's conception of the
theme of the lyric of a song constitute an in-
fringement of the copyright in the song. I am
of the opinion that this is no infringement, be-
cause an author cannot by a suggestion obtain
exclusive control of a field of thought upon a
particular subject. As the pictures only repre-
sent the artist's idea of what the author has ex-
pressed in words, they do not infringe a copy-
righted lyric, and cannot as photographs be
enjoined.
The Classifications of Songs
"In applying for copyright registration, how
shall songs be classified—as musical composi-
tions or as dramatico-musical compositions? In
the recent case of Green against Luby it was
held that a sketch consisting of a series of
recitations and songs, with a very little dialogue
SINGLE COPIES. 10 CENTS.
$1.00 PER YEAR.
and action, and with scenery, and lights thrown
upon a singer, is a dramatico-musical composi-
tion, within the provisions of the copyright law.
From a review of the authorities 1 am of the
opinion that any song requiring dramatic acting
for its proper representation is entitled to be
classified as a 'dramatico-musical composition.'
Where the song is intended for stage represen-
tation, the copies registered for copyright pur-
poses should contain the appropriate stage di-
rections, description of the scenery, costumes,
lights, and whatever may be requisite for its
proper representation.
"It is not necessary to copyright numbers that
may be published separately from a complete
vocal score which has already been copyrighted.
When such numbers are published separately,
however, it is necessary to affix the copyright
notice.
"In respect to publishing a song in a new key,
a new copyright need not be obtained. Setting
a copyrighted song in a new key is not an ar-
rangement thereof, and is therefore not a new
work.
Difference Between Old and New Law.
"There can be but one copyright for the same
work for the first term of 28 years. Second or
subsequent editions with notes or other additions
or improvements make a new work, and the
only notice required is of the date of entry of
the last edition.
"The great radical difference between the old
copyright law and the new is that under the old
law publication before recording the printed title
and depositing two copies of the best edition
of the work then issued in the librarian's office
nullified the right to copyright protection. Under
the new law, to secure copyright you must first
publish with a notice of copyright, then promptly
deposit two complete copies of the best edition
issu|ed in the copyright office. The useless
formality of recording the printed title has been
abolished. No protection is afforded between the
time of publication and the time of deposit. The
safest course is to publish the work and imme-
diately afterward, and on the same day, to mail
the copies to the Register of Copyrights.
"What is a publication? The unrestricted sale
of a single copy of a work was held to constitute
a publication. The law does not require an
effort to push the work commercially to the
utmost.
"Simultaneously publishing and depositing the
copies is improper. The law expressly states
that the work must be first published and there-
after the copies promptly deposited.
"The fact that the date of copyright is pub-
lished in a copyright notice in Roman instead
of Arabic numerals does not affect the validity
of the notice.
Protection of Author's Right.
"Frequently an author grants the publishing
rights in a work to a publisher and reserves
unto himself the performing rights. How in
such case shall the author's rights be protected?
Under such circumstances the publisher only
acquires a qualified right to the work, and only
such rights are secured under the publisher's
{Continued on page 49.)
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