The talking machine world (Jan-Dec 1913)

THE TALKING MACHINE WORLD. 45 FROM OUR LONDON HEADQUARTERS — (Continued from page 44). the contrivances reproducing the work has heen lawfully made or plated on sale before July I, 1910. It' thai had been done, then royalties had not to be paid on the sales made before July I, 1913. If it was not done, it followed that royalties were to be paid, and they woidd commence with the commencement of the Act. There were only two alternatives — (1) either royalties were payable as from the commencement of the Act, or (2) no royalty was payable for all time. If the latter alternative be accepted, there was created in the special case of making or selling before July 1, 1910, a limited right to sell free of royalties, but in cases not covered by the contingency an unqualified right to sell free of royalties. Sub-section (e) threw a light on the question. It proceeded on the footing that to justify the sale of contrivances, whether made before or after the commencement of the Act, authority was necessary. It applied to work published before the commencement of the Act, and it inferred there must be something in the Act which forbade the sale of contrivances made before the passing of the Act. It seemed to him that the Act had given to the owner of the new and extended copyright the sole right to authorize any c*ie to produce musical works by the user of the record, and made it an infringement to sell the records. The most difficult question was that by virtue of section 19 (1) defendants themselves had a copyright in their records, as if such contrivances were musical works, and in respect of that copyright it was seen that they had exclusive rights under sections 1 and 2. But, as the parties had declared to argue that question, he should say no more about it. In the cross-appeal argument turned upon the word "secure" in section 19 (6). That was a section in which the Board of Trade required payment in advance or sought to secure payment of royalties. If the word meant some act by which the debt should be secured, as distinguished from unsecured, the cross-appellants were right. If it means ensuring the payment of royalties, they were wrong. The Board of Trade had made regulations whereby, unless otherwise agreed, royalties' were to be payable by labels purchased from the ownei "i the copyright. II the owner did not provide them, the other party might proceed without affixing them, but if he did provide them, they must be bought . Defendants contended, and he agreed, thai the regulations in this respect were no( within the words "the mode of the payment of royalties." Payment was under one head, supplying them was under another head, and affixing them was under a third. Neither of the last two was any pari of the "mode." He thought they were regulations for securing payment, if "secure" meant to ensure, and in his view the fair meaning of "secure" in this context included the meaning to ensure, or render certain, the payment. If that be so, the regulal ions « ere not nil i . t vires. Lord Chief Justice Kennedy agreed. The appeal was accordingly allowed, and the cross-appeal dismissed. Who Introduced the Edison Phonograph? The lamented death of that wonderful and prolific inventor, Sir William Preece, gave rise in obituary notices in the press to the statement that he was responsible for the introduction of the Edison phonograph into this country. As this appeared contrary to the generally accepted history of the invention, I took an early opportunity of interviewing J. Lewis Young, who has been identified with the talking machine business almost since its inception, and who very courteously supplied me with the following facts: "I was educated as a telegraph engineer," said Mr. Young, "and I worked for some time under Sir William Preece, so that I am well able to confirm as a fact that he really did introduce the first phonograph into Europe. "It was made under Edison's patent of 1877, and was called the tin foil machine, because the record was made by indenting tin foil which was superimposed on a coarse thread, cut in a large cylinder. "This particular phonograph was made by Mr. Stroh, the inventor among other useful things of the Stroh violin, which is favorably known. "The motor was driven by a falling weight ami the governor was a pan impinging upon I he air. "The liu foil phonograph was a nine days' wonder; the record could only be used a leu limes, and then became ineffective. "However, in IJS7H Edison patented improvements in phonographs and this palenl I'rilish \o. Hill — is the most suggestive patent ever filed. Unfortunately the fees in this country were only paid for three years, and the patent consequently lapsed. In 1886 Mr. Edison introduced further improvements. In the following year I joined the late Colonel Gourand, who arranged a contrail with Mr. Edison by which he became the sole selling agent here for Edison's 'new' phonograph. I had twenty per cent, interest in the business, and," proceeded Mr. Young, "we had to find the money to pay for the taking out of patents in various foreign countries. I personally lost a substantial amount of money in an endeavor to pay the cost of doing this, and Colonel Gourand's and my own resources were soon exhausted. Finally we hit upon the plan of sending out a staff of lecturers to demonstrate and talk up the phonograph. I went out myself, and the fees we received went to pay for the patent costs. Sir William Preece was what I may term a 'looking forward' man, and his enthusiasm for the new phonograph we sent him actually aroused a proposal that one should be installed in every post office in the kingdom for use by the public as a means of communication. The reading of telegraphic instruments by sound, the introduction of telegraphic systems by which from two to ten messages could be sent simultaneously on one wire, the installation of dynamos and secondary batteries in place of the old primaries for supplying current for telegraphic work, and the introduction of electric lighting, were all suggested and carried out by Sir William Preece when he was engineer-in-chief to the British post office." The exigencies of space has necessitated considerable curtailment of Mr. Young's reminiscences, but (Continued on page 46.) To T.M. the King and Queen of Spain To H.M the King of Sweden To H.H. the Khedive of Egypt To H.M. the King of Italy 66 — the trade-mark that is recognised throughout the world as the Hall-mark of Quality To H.M. the Shah of Persia AUSTK I A : Oesterr. Grammophon — GeielUcbaft. m. b H., 8, Krugerstrasse, Vienna. BELGIUM: Cie. FranQaise du Gramophone, 51, Avenue de la Porte de Hal, Brussels. DEN M ARK : Skandinavisk Grammophon-Aktiesel skab, Frihavnen, ( openhagen. FRANCE: Cie. Francaise du Gramophone, 115 boulevard Richard Lenoir, Place de la Repub lique, Paris. GERMANY : Deutsche Grammophon-Aktien gesellschaft, 35, Ritterstrasse. Berlin, S42. HOLLAND: American Import Co., 22a, Amiterd, Veerkade, The Hague. HUNGARY: The Gramophone Co., Ltd.. IV. Kossuth Lajos'Utcza 8, Budapest. SPA 1 N : Cia. Franc^sa del Gramophone, 56, Balmet, Barcelona. SWEDEN : Skandinaviska Grammophon-Aktiebolaget, 52, Appelbergsgatan, Stockholm. RUSSIA: The Gra nophone Co.. Ltd.. 45. Nevsky Prospect. St. Petersburg; 9, Golovtnsky Prospect, Tiflis ; 30, Novia Svit, Warsaw. EGYPT: The Gramophone Co.. Lid.. 13. Roe Stamboul. Alexandria ; Rue Mousky, Cairo. EAST AFRI« A: Bayley & Ok 8 Beira. Lourenzo Marques. SOUTH AFRICA: Darter & Sons. Adderley Sl. Cape Town ; Mackay Bros., Rissik Street, Johannesburg ; Mackay Bros & McMaboo, 443. West Street, Durban ; Ivan H. Haarburger. Maitland St., Bloerafontehs. INDIA : The Gramophone Co.. Ltd..l39.Balliaghatta Road, Calcutta ; 7, Bell Lane, Fort, Bombay. AUSTRALIA : The Gramophone Co, Ltd., Hoffnungs Chambers. Pitt Street, Sydney. GREAT BRITAIN : The Gramophone Co, Ltd., 21, City Road. London, E.C Great Britain i By Appointment To H.M. Queen Alexandra The Gramophone Company Ltd 21 City Road London EC