Music Trade Review

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THE MUSIC TRADE REVIEW
DESIGNS MUST BE PATENTED.
No Provision Made by United States Govern-
ment for Protection of Designs by Registry
or Copyright—Some Interesting Facts.
The interest in the "design registration" bill
now in Congress has caused numerous inquiries to
come to us from manufacturers and dealers who
wish to know what rights they have in designs and
names at the present time, and this has also
brought forth the question from many sources
whether or not they could not "copyright" this
word, or title, or device, sometimes referring to a
letterhead, sometimes to a trademark, sometimes
to a descriptive phrase and sometimes to a design.
These inquiries indicate that there is a general mis-
apprehension as to copyright, which should be cor-
rected and which will be clearly seen when it is
understood that the only things that one can pos-
sibly copyright under the law are works of liter-
ature, music, drama and the fine arts. A title, a
name, an outline cannot be copyrighted.
Sometimes protection may be had for trade-
marks or trade-names under the State laws or un-
der the Trade Mark laws of the United States,
but this protection has nothing to do with copy-
rights. Trade-marks are registered in the Patent
Office as are design patents, which are issued for
various terms of years. However, trade-mark
right may not be obtained in a geographical name
or an adjective or phrase of description or in a
proper name, while a design patent must show
some novelty and invention, says the Jewelers'
Circular Weekly.
Under the proposed design registration law pro-
tection would be afforded to the registrant who is
first to register a particular design, irrespective of
whether it contained novelty or invention, and the
registration would practically date from the time
the same was sent to Washington with the fee,
without any waiting for the same to be passed up-
on by the Patent Office. Every original produc-
tion in the way of a design would be entitled to
registration protection as against imitation or du-
plication, one of the advantages of the proposed
registration being the facility and cheapness by
which the registration would be obtained. There
is no doubt that under the present laws as to de-
sign patents greater protection is afforded the
manufacturer than under the proposed design
registration law, because if a manufacturer now
receives a design patent he can restrain as an in-
fringement any design that looks to the casual
buyer to be the same as his, whether or not the
outlines are identical. But the trouble with the
present law lies in the delay in getting the design
patent and the expense incurred.
To those who have proposed the use of the copy-
right as a substitute for both, we assure them that
their suggestion is absolutely without merit or
reason, as the copyright law contains no provisions
under which any such protection can be granted.
CHIME ATTACHMENT FOR PIANOS.
Details of Patent Granted to Ernst W. Daab
of Interest to Makers of Automatic Pianos.
fSoecial to The Review")
WASHINGTON, D. C, March 30.—Ernst W. Daab.
of Belleville, 111., was this week granted patent No.
1.001,0-43 on a bell attachment for pianos, the prin-
cipal object of which is to provide a simple chime
attachment for a piano which can be quickly an 1
easily thrown into or out of operation.
A further object is to provide a chime attach-
ment which is operable by the feet to throw the
different bells into operative position relative l<>
the keyboard of the piano.
A still further object is to provide a foot-oper-
ated boll-striking mechanism, and means for throw-
ing the individual bells into position to be struck
by the striking mechanism, this means being ac-
tuated by the key levers of the piano when they
are depressed in the ordinary playing of the piano.
McLEAN MAHOGANY & CEDAR CO.
The McLean Mahogany & Cedar Co., of Buffalo,
N. Y., has been incorporated with a capital of $40,-
000. R. D. McLean, C. M. Smith and M. S. Tre-
inaine arc incorporators.
Rudolph Mittleman, for thirty years manager of
the 125th street 'branch of the H. Herrmann Lum-
ber Co., died on Friday night at his residence, 9?0
Fox street, the Bronx. Mr. Mittleman was born in
Hungary fifty-nine years ago and had been in this
country for thirty-five years.
F.&G.
(FELTEN &
GUILLEAUME)
MUSIC WIRE
FOR MUTUAL INSURANCE.
Wholesale Lumber Dealers' Association Among
First Trade Organizations to Take Up Mu-
tual Insurance Question Under New Work-
men's Compensation Law.
Following some discussion in piano trade circles
as to what action the local manufacturers will take
to protect themselves under the new Workmen's
Compensation law, which goes into effect on July
1, and the general inclination to place the liability
insurance with the companies now handling the
business of the manufacturers, it is interesting to
learn that the Wholesale Lumber Dealers' Associa-
tion of New York has formed a mutual insurance
company for the protection of its members.
An organization has been formed, with Maurice
K. Preisch, of the Haines Lumber Co., as presi-
dent and E. P. Perry as general manager. Tenta-
tive rates, based on the experience in other States,
have- been adopted for presentation to the Super-
intendent of Insurance for approval. The rates
will be no higher than those of stock companies anil
the policy of "safety first" will assure a saving in
the shape of dividends as well as a gradual lower-
ing of rates. It is believed that, with the proper
amount of patronage and support by the lumber
industry, the company will not only be able to in-
sure the trade in its risks but, through a careful
selection of such risks, careful management and a
strict inspection system, to return to its policy-
holders substantial dividends.
PIPE ORGAN_OF BAMBOO.
Manila Boasts of Such a Curiosity Where It
Has Given Music for 127 Years.
Bamboo is used for almost everything imagin-
able in the Philippines. As a matter of fact, it
forms the most of the material in the farmer's
house. A few bamboo slats make his bed.
Near Manila there is an old church in which is
a pipe organ made of bamboo. This old organ con-
tains twenty-two pipes and every one of them is
bamboo. While it was built in 1787, it still stands
firm and strong. Of course, it will not make music,
but the man who made it had almost a perfect
knowledge of the mechanism of an organ and
music as well. When our soldiers enteied the old
church in 1898 they defaced tin- old organ, tore out
some of the pipes and broke the keys, and the old
organ has been silent since that time. Bamboo is
used to make other musical instruments such as
trumpets and flutes and it is said it was not an un-
common thing to have a "bamboo band."
Henry H. Gibson, fifty-nine years old, known as
an authority on hardwoods, died suddenly of heart
disease oil Wednesday night at Chicago. He was
president <>f a company which published a paper
devoted to the lumber business.
ALBERT A. McCARTY
Manufacturer of
Manufacturers who have tried scores of other
PIANO BASS STRINGS
makes have found by severe comparative tests
DUPLICATING
A SPECIALTY
that the F . & G . stands in a class by itself
36
BEACH STREET
BOSTON, MASS.
for staunch reliability
TELL US YOUR WIRE TROUBLES
HAMMAGHER, SCHLEMMER & CO.
Richardson Piano Case Co.
Manufacturers of
Upright—
PIANO MATERIALS AND TOOLS
NEW YORK SINCE 1848
Fourth Avenue and Thirteenth Street
'
Established 1891
LEOMINSTER
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MASS.