Exhibitors Herald World (Jan-Mar 1929)

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March 2,1929 EXHIBITORS HERALD-WORLD 19 PERFORMANCES OF COPYRIGHTED MUSIC By Mechanical Devices, "Yitaphone," "Movietone," "Photophone," "Bristolphone" Phonographs, Mechanical Organs, Pianos, Etc. INFORM A TION In the rapid development and increase in the use of mechanical means of performing music, some exhibitors have received the impression that such renditions, in public performances, are not subject to license of the copyright owner. The impression is entirely erroneous. License must be secured from the copyright owner, in respect of a public performance by means of any mechanical device just the same as if the performance were by a human orchestra. The Copyright Lane makes no distinction as regards the means used for accomplishing the rendition of copyrighted music ; if it occurs in a public performance for purposes of profit, license of the copyright owner must be secured or an infringement of the copyright is committed. Renditions by means of "Vitaphone", "Movietone", "Photophone", "Bristolphone", or any of the various synchronizing devices, or by means of phonographs, mechanical organs, or any sort of contrivance which will mechanically reproduce music, are subject to exactly the same conditions as regards license from copyright owners, as renditions by human players. Exhibitors and others are therefore cautioned regarding the necessity of securing, or continuing in effect if they already have it, the license of this Society before effecting renditions by the above means or otherwise, of compositions copyrighted by our members. Infringements of these copyrights will be prosecuted. Existing agreements between E. C. Mills, as Agent and Trustee of various copyright owners, and Electri cal Research Products, Inc., and RCA Photophone, Inc., stipulate that renditions of copyrighted musical works by means of the latter's synchronizing apparatus shall occur only in theatres having license of this Society. Such license is available, in respect of such renditions, under the same conditions as if renditions are by human means. This Society is not a principal party to such agreements. In all fairness this notice is inserted in publications of general circulation amongst exhibitors, to the end that they may avoid the commission of infringements through unlicensed illegal public performances of copyrighted musical works by means of any type of mechanical device, and thus become liable to the penalties provided by the law. // you have a license from the Society, and intend to include compositions copyrighted by our members in your programs, you should be careful to continue the license in effect, regardless of the manner in which such renditions are effected, mechanical or otherwise. If you do not have such license, and desire to use such works in your programs, you should immediately apply for license, and thus avoid the hazard of suits for infringement of copyrights. Further information, list of members, and address of our office nearest to you will be mailed promptly upon request. AMERICAN SOCIETY OF COMPOSERS AUTHORS AND PUBLISHERS 1501 Broadway, New York