The talking machine world (Jan-June 1928)

Music Publishers Demand Strict Adherence to Copyright Law From Record Makers Forty Publishers Serve Notice That They Expect Manufacturers to Comply With Law as It Applies to Royalties for Mechanical Reproduction and in All Other Directions Some forty music publishers, shortly before the first of the year, through the medium of E. C. Mills, served notice upon manufacturers of talking machine records and player piano rolls that on and after January 1, 1928, they would be expected to comply strictly with the provisions of the copyright law of 1909 as it applies to the payment of royalties for mechanical reproduction and in all other directions. The notice calls attention to the fact that the law provides that when an owner of a musical copyright has himself used or permitted or knowingly allows another to use the work upon the parts of instruments serving to mechanically reproduce it, any other person might make similar use of the work upon serving notice of his intentions to do so and upon the payment of a royalty of two cents on each such part manufactured; that the copyright owner might require a report under oath each month of the number of parts of instruments manufactured during the previous month, and that royalties be due on the parts manufactured, payable within the following month; that definite penalties were provided for failure to meet the royalty provisions. Notwithstanding the clear intention of the law, say the publishers, manufacturers of mechanically reproduced music have contrived to pay less than the law provides, through demanding a discount of 10 per cent from the legal rate to cover "breakage," "discount for prompt payment of royalties" or some other reason, and also arrange to pay royalties quarterly instead of monthly as was also provided by law, Evasions of the provision providing for Unfiling of "notice of user," were also complained of, as was the practice of manufacturers securing waivers of royalties on parts manufactured in the United States but subsequently exported to foreign countries. The suspension oi royalty payments in cases where compositions were involved in copyright suits and the boycotting ol works of copyright owners who refused to yield to their requirements are also charged against the manufacturers, as are various other evasions of the law. Among the complaints, too, is that the manufacturers in many instances have not reported on the parts, "manufactured" as provided by law but only upon the parts "sold," and have, at times, insisted on contracts that have given them the performing as well as the reproducing rights. It is also held that manufacturers have made adaptations and revisions of copyrighted works in direct violation of the copyright owners' interests. The publishers declare that the laxness in the observance in the mechanical reproduction fea'ures of the copyright law has resulted in the development of numerous evils that are proving costly to copyright owners and that the cost of publishing and exploiting music has reached the point where publishers can no longer accept rhose losses quietly. In the notice to the manufacturers of instruments and parts for the me chanical reproduction of music it is announced that every effort will be made beginning January 1 to see that the provisions of the copyright law of 1909 are fully and completely complied with in every instance; that royalties be paid in full without discount; that reports be rendered and payments made promptly; that notice of user be filed in proper form; and that all other details be handled in strict accordance with the provisions of the law. Following receipt of the notice it is understood that record manufacturers have held several conferences to determine the course oi action. The meetings have been held behind closed doors and no announcement of the action decided upon has been made, but it is believed that some interesting developments are in the offing. It is further hinted that the approaching tight on the existing copyright law will serve lurther to complicate the situation. "Rosita," Sam Fox Number, Used in "Gaucho" Prologue The prologue for the new photoplay "The Gaucho," with Douglas Fairbanks, now playing at the Liberty Theatre, New York, has won almost as many favorable comments as the picture itself. It is the creation of Boris Petroff, who with the Sam Fox Publishing Co. song "Rosita" as the musical allurement, has produced a unification of prologue and picture that can hardly be surpassed. An exquisite setting, fine voices, artistic native dancing, all produce a spirit that wins en noticed in heavily increased sales. It, too, must be recognized that the qualities of "Rosita" are unusual to be selected for such an important exclusive feature. "Rosita" also is used as the theme in the picture presentation. Scene From Prologue of "The Gaucho" thusiasm. The publisher of "Rosita" is most fortunate as the presentation gives this singlenumber such prominence that it is bound to be New Music Publishing Firm Middle West Music Publishers, Inc., a firm which will serve the trade as a jobber of popular and classical music, and music books of all kinds, was founded in Chicago late in December and commenced active operation early in 1928. The firm is headed by Christ Serum, president, and the general manager of the business is Norris Gundersen. Mr. Gundersen has been active for a period of twelve years in the music field as manager of the jobbing department of Foster Music 1'ublisher, Inc. The firm, whose headquarters are in the Starck Building, 228 South Wabash avenue, maintains a complete stock and has inaugurated a unique system of filling orders for the city trade. New equipment throughout the office has been installed and all of the employes of the firm have had previous experience in the music business. FIVE RECORD RECORD RREAKERS / mm m m.b bbm\ If M !* Hi POOR LIZZIE u.-w m mama am" " m m~m m m m m\ MARY ANN til M >f m m a mm a mm W J/mmm mmmm, / 1\ V, a a mm m m a m m\ N .... Hi fa fi I'LL JUST ROLL ALONG (Having My Ups and Downs) j \ ftmmmmaa jrft) : jrm m a rm m m 1 LOVELY LITTLE SILHOUETTE \ V FOUR WALLS m mm a a a mm i) m a m a a a m a ifm a a m m m m m , w a a am mama. ABOVE SONGS FEATURED BY ORCHESTRA AND VAUDEVILLE ACTS FROM COAST TO COAST IRVING BERLIN INC., 1607 Broadway, New York in