Exhibitors Herald (Jul-Sep 1922)

July 22, 1922 EXHIBITORS HERALD 47 Why Pay for the Right to Play Copyrighted Music ? By E. C. MILLS American Society of Composers, Authors and Publishers Company Is Formed By Davidson-Kranz Initial Productions of New Organization Ready for Independent Market George M. Davidson and Charles Kranz. both well known in the industry, have formed Davidson-Kranz, Inc., with offices at 1711 Loew Building. New York City. Bennett J. Brandon, formerly manager of the foreign sales department of Mutual Film Corporation and Arrow and for the past year an independent broker in the foreign field, is associated with Mr. Davidson and Mr. Kranz. Productions Are Ready Among the productions which the new company is offering to independent exchanges are the following: "The Xorthwoods' Vengeance," an Iroquois production written and directed by Caryl S. Fleming. "Two-and-A-Half Musketeers." a burlesque on "The Three Musketeers," in three reels. "No Parents to Guide 'Em," taken from Brenda's novel depicting life in England and another production titled "Love or Money." Known In Industry Mr. Davidson who has previously held executive positions with leading distributing organizations, will act as works manager in the new organization. Mr. Kranz has acted as salesman, district manager, exchange supervisor and held other positions with General, Mutual Goldwyn and other companies. Arrangements have been made with producing units in this country and abroad, it is stated, that will assure Davidson-Kranz a continuous and varied supply of subjects. Original Screen Story By Larry Evans to Be Adapted for the Stage "Money, Money, Money," the Larry Evans story for the screen which B. P. Schulberg has acquired as a vehicle for Katherine McDonald will be adapted as a stage production, arrangements having been completed by the author whereby his story will be produced as a play by a Broadway manager next season. The story will also be published in one of the leading national magazines thus assuring it a wide reading in home throughout the country, it is stated. "Money. Money, Money," is the first story to be written expressly for the screen by Larry Evans. Big Business Expected For "Curse of Drink" Record-breaking business is looked for by exchangemen when the five-star stateright production, "The Curse of Drink." will begin making the rounds of the leading theatres in the Fall. The Weber and North picture is from one of the most popular melodramas on the American stage. The cast is headed by Harry T. Morey and includes Edmund Breese. George Fawcett, Marguerite Clayton and Miriam Batista. Publish Talmadge Reissue "Her Only Way" will be the next of the Selznick revivals starring Norma Talmadge. It will be published July 20. T HAVE before me as I write this article. six decisions just handed down in the United States district court for the Southern district of New York, on six suits for infringement of copyright through unauthorized public performance of compositions controlled by the American Society of Composers, Authors and Publishers. The six decisions are each rendered against a different defendant, and each of them, after permanently enjoining the parties from further infringement of the compositions involved orders "that the plaintiff recover of the defendant the sum of $250 as damages, and the further sum of $100 as attorney's fees, and the sum of $6.50 as costs taxed." Before this happened to these men they had received from us during the course of years past, many communications calling their attention to the law; requesting them not to violate it, warning them that we would protect our rights. Before these men were taken into court they had every opportunity to read the advertisements that we have inserted in the trade press; the many articles that have appeared therein, setting out the conditions governing the public performance of copyrighted music, and informing them of the law. * * * Yet they continued in its violation. These six men have not been alone in taking such action. Two-thirds of the exhibitors of the country have assumed about the same sort of an attitude. What has just happened to them has happened to many others, and what is the result? Not only that instead of paying license fees of about $85 a year in their cases they now have to pay $356.50, plus their own attorney's fees, and have attached to themselves the stigma of being guilty of violation of law, but as well they have cast a reflection upon the industry of motion pictures. Now I want to tell you once again about the American Society of Composers, Authors and Publishers. When the United Statas of America came into existence the fathers of this country wrote its constitution. They deemed authors and authorship, inventors and inventions, of such importance to the welfare of country, that they incorporated in the constitution a clause providing for patent and copyright. In 1856 the so-called "exclusive performing rights" were vested in dramaticmusical compositions. In 1897 these rights were extended to include all copyrighted musical compositions. * * * Individual authors and composers could not, in any practical way, protest themselves against infringement of their copyright. So, eight years ago a group of these men got together and formed the American Society of Composers, Authors and Publishers. v The society met opposition from many exhibitors from the very outset, yet let it be said that some thousands of them were fair enough to realize the value of music to their enterprises, law-abiding enough to respect the statute, and honest enough to take out licenses and pay for the product they were using. In overcoming the opposition, however, the society was patient and persevering; it has never in its history without (1) sending him full information regarding the law and formalities incident to securing a license, (2) securing positive evidence of a violation of law, (3) notifying him of such evidence and again inviting him to procure a license, filed a suit. As to the law itseif, there is no question of its constitutionality. Because I want this article to be helpful to the exhibitor, because I believe in fact that he is not a wilful defier of law, but instead misled and misinformed, I am going to take up one by one, and answer the arguments that are typical of those usually advanced against payment of license fees. * * * First, the exhibitor usually says that he has nothing to do with what is played in his theatre, that the music played is selected by his orchestra leader or musician, and that he don't care what it is. • In answer to this argument it must be pointed out that the exhibitor, as principal, is responsible for the acts of his agents and employes as performed in his theatre, and it is his duty to know that they arc not violating the law. Second, it is often said that the music played was received from some publisher with a request to play it, and that the request conferred a right to its public performance, or its playing in any and every conceivable way. The answer to this is that the courts have nullified this argument. The possession of the sheet of music, the physical property, the printed notes and symbols which may be translated into music, confers absolutely no rights for public performance for profit. Possession of the sheet of music does not imply ownership of the music itself. Third, the exhibitor frequently claims that he does rot "puhlicly perform for profit ' and copyrighted composition, but that the music played in his theatre is merely incidental to the motion picture program, and is rot in any manner, shape or form, a part of the service for which he charges admission fees. I believe no reasonable man would support this argument. Music is in fact not only a part of the service rendered for which admission is charged, but it is an extremely important part of that service. If music is used, it is used to make complete an entertainment service that would otherwise be incomplete and unpatronized. * * * Fourth, the claim is often made that the exhibitor makes it popular, creates a public demand for it, increases the sales of the sheet music, and therefore renders a service which entitles him to its free use in public performances for profit. Even if it were true, and it is not, that music was thus popularized, that thus the demand for the sheet music is created, no right to set aside the clear stipulations of law would be created. If the copyright proprietor deems it of sufficient value to him to waive performing rights fees in consideration of service rendered, well and good, then the exhibitor would have a right to publicly perform for profit, without payment of any fee, but unless the copyright proprietor does so waive his rights, the exhibitor is not relieved (Concluded on fage 54)