Music Trade Review

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THE
MUSIC
TRADE
MEW
EDWARD LYMAN BILL - Editor and Proprietor
J. B. SPILLANE, Managing Editor
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B. BKITTAIN WILSON,
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W M . B. WHITE,
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Exposition Honors Won by The Review
Grand Prix
Paris Exposition, 1900
Silver Medal. . .Charleston Exposition, 1902
Diploma. . . .Pan-American Exposition, 1901 Gold Medal
St. Louis Exposition, 1904
Gold Af*rfo/..Lewis-Clark Exposition, 1906
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YORK,NOVEMBER
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= EDITORIAL
T
HE desirability of a system for registering piano case and
other designs with a minimum of red tape and expense, as
advocated by the National Registration League, is again brought
to mind by the recent decision of the United States District Court
in the suit of the Bush & Lane Piano Co. against Becker Bros, for
infringement of design patent reported in The Review last week.
Throughout his decision, which is decidedly broad in character,
Judge Hazel evinced a desire to afford the full protection of the
United States Court to those originating artistic designs, and his
view of the matter is well set worth in the following sentence taken
from the decision: "The policy which protects a design is akin to
that which protects the works of an artist, a sculptor or photog-
rapher by copyright. It requires but little invention in the sense
of the above to paint a pleasing picture, and yet the picture is pro-
tected because it represents the personal characteristics of the artist,
and because it is his. So with the design."
If through the efforts of the National Registration League and
others it will be possible to frame a measure that will provide for
the registering of designs with as little effort and expense as is now
required to protect by copyright a photograph of other art work,
a distinctly forward step in the work of protecting the works of
creators in the field of piano case design and in other fields will have
!
been accomplished. As in the case cited, the courts display a will-
ingness to afford protection to those who patent their designs
and to render broad decisions in the matter, but the fact remains
that the original expense and trouble of patenting designs, added
to the expense of defending the patents in the courts, with all the
technical detail usually involved, presents an obstacle that the aver-
age piano manufacturer hesitates to overcome.
In fact, many manufacturers permit of the flagrant piracy of
their case designs by competitors simply through the fact that the
protection and upholding of their rights is not worth the trouble
involved. A law providing for the registration of designs with a
minimum of expense should be welcomed by the .trade.
REVIEW
T
HE commercial progress of the country was the subject of
some very interesting remarks by Judge Elbert H. Gary,
president of the United States Steel Corporation in Chicago re-
cently, in which he reviewed the economic opportunities and pros-
pects it holds out to business men. He pointed out that the business
world has adjusted, or is adjusting itself to new and changed con-
ditions resulting from the great wealth and commercial progress of
the country.
"Capital, always timid, has been seriously affected by this un-
reasonable and uncalled for agitation and attack," said Judge Gary.
"Indeed, it is becoming frightened. Confidence has been shaken.
It is becoming almost impossible to secure on fair terms, on good
security and at a reasonable rate of interest the necessary capital to
equip or liberally maintain going and successful properties, to say
nothing of the additions and extensions which the interests of this
great and growing country demand.
"The stability of business, which is essential to its proper and
reasonable growth and success, has been interfered with.
"In short, this country, though hesitating, is eager to do busi-
ness. The volume of business at this time, although large because
the country is so vast, is not half so great as it ought to be or as it
could be. It is high time for all of us to wake up to a realization
of the fact that we are in competition with other countries who by
every means in their power are striving for supremacy; that it is
not difficult for us, by good management, to reach the greatest
measure of success in competition with other nations of the world,
and yet that it is just as easy to fail if our vision is narrow or if
we act without due regard to the results.
"There is placed upon those in power and authority at the
present time a very great responsibility. No doubt they will
measure up to it.
"What I have said has not been uttered with any feeling of
despondency. On the contrary, there is ground for optimism. We
have, perhaps, been more or less enveloped in clouds of doubt and
distrust and hesitancy, but I think we are arriving at a better under-
standing; that we are approaching the dawn of the greatest pros-
perity."
T
HE editorial in a recent issue of The Review regarding the
contemptible methods employed by certain dealers in exhibit-
ing "wholesale prices of competing instruments to prospective cus-
tomers, has come in for considerable attention, and many letters
have been received by manufacturers and dealers commending the
trenchant remarks of The Review on this subject. In this discus-
sion we invited the views of those interested, hence we print a
communication received from Raymond Gould, piano dealer of
Battle Creek, Mich., which gives the other side of the question.
He says:
"Gentlemen:—Your articles regarding the exhibiting of whole-
sale prices of pianos have been read by me with unusual interest.
I should like to present a phase of the matter that has not as yet
been covered, i.e.: The excessive greed of some manufacturers,
who give their quotations too freely. As an example: I at one
time was given a large territory for a certain make of piano. I was
told that any inquiry would be turned over to me, and I received
every month letters from the firm calling attention to the protection
I was given. I lost three sales in as many weeks, and found the
reason was that this firm had quoted anyone in my territory who
had applied the same prices they quoted me. In other words,
they were so afraid that a nickel's worth of business would get
away from them that they quoted all dealers. It is my contention
that if manufacturers, or, rather, some manufacturers, were a little
more careful about sending out their dealers' prices, this con-
temptible practice of exhibiting wholesale figures would be greatly
minimized. These firms have experienced a great deal of this price-
tipping trouble, and I believe have only themselves to blame."
It is just as unwise and unfair for manufacturers to give quo-
tations to dealers in a territory in which they are represented, as it
is for dealers to exhibit wholesale prices to prospective buyers.
It is hard to realize that such practices could prevail where
complete confidence exists between manufacturer and dealer. The
basis of success in correct merchandising is confidence, and unless
mutual respect and confidence prevail in the relations between manu-
facturers and dealers underhand methods are apt to find their way
into use.