Moving Picture World (Jul 1921)

MOVING PICTURE WORLD July 2, 1921 64 home, or tor his own amusement. But, the minute he made of it a profitmaking venture, then the owner of copyright had a moral and legal flight to participate in whatever profits accrued. Because you purchase a sheet of music (or for that matter receive it as a gift), does that give you a right to use it for purposes of profit and exclude the composer of that music from participation in those profits? It does not. You can play the music for your own amusement as much as you wish and transgress no one's rights; the moment you make of it a vehicle for the earning of profits then other rights step in and must be recognized. The only disputes which occur in this matter are born of the ignorance of uninformed opposition. No man can inform himself of the facts and dispute the justice of the music tax. Now let us dispose, once and for all, of some of the ridiculous and silly threats that are made, of things that will be done to us if we insist upon payment of the license fees. First : There is the threat to prosecute us as operating in “restraint of trade,’ as being a “trust,” etc., etc., ad nauseam. Now as to these, let it be said that such allegations have been filed in Courts of competent jurisdiction, tried, and dismissed. Decisions already rendered, and which will hold in any Court, are of record. So, you will understand that this brand of threat does not worry us much. Second : There is the threat that organizations will be formed, and propaganda initiated, with representations at Washington invoking the aid of Congress by way of changing the Copyright Law which gives the right to collect these fees. We haven’t the slightest objection to this effort being made; you come before the Congress on a plea to be permitted to use another man’s property' and not pay him for its use and we have no fear what the decision will be. You will be lucky if you are not laughed out of the hearing. Third : The threat that local or state lawmaking bodies will be in fluenced by the “power of the screen” and exhibitor’s organizations to make laws setting aside the operation of the Federal law. It would be interesting to see this tried out. It is in a way of being done, as such a law has been recently introduced in the Illinois Legislature. Let us see if the lawmaking body of that State will write onto its books a statute running contrary to a Federal law. If it does there seems no doubt that the Courts would at once construe such a law as unconstitutional. So, let us have a trial on that score as soon as may be. We welcome it. Fourth : The threat that the music upon which tax is charged will not be played — but will be boycotted. This will suit us perfectly ; perhaps there is no quicker way in which we can explode the theory that music is “made” in motion picture theatres. It is our contention that music contributes about 60 per cent, to the “making” of the theatre. In other words, we think the “shoe is on the other foot.” Fifth : There is the threat of boycott by Union musicians. Of this, let it be said, we have no fear. The Union musician will scarcely permit himself, individually or collectively, to be made a “catspaw” for a theatrical manager who objects to paying ten cents per seat per year for 60 per cent, of his entertainment value. A few who have not informed themselves, may under a misapprehension of the facts, oppose the tax. When thev are fully informed, they never oppose it. We therefore welcome any trial of strength or courage based upon an honest difference of opinion. We hold firmly that our position is right and just, and we yield cheerfully the “other fellow’s” right to hold with equal firmness that he is right. Finally the right will win, and if we aren’t right we are willing to lose. Now that we have made our position clear, let us reason this out. In the first place we say that we will collect the tax, without fear or favor, without partiality or discrimination, from every theatre, dance hall, cabaret or other institution in the United States, in which our compositions are played for purposes of profit. Where payment is refused, after reasonable request is made and fair opportunity given for the proprietor to inform himself, we will secure legal proof of violation and test the matter out in the local Federal Courts. We may not reach every theatre this week, or the next, or the next. But. we are covering the country as rapidly as possible, and when vour section is reached, if it has not already been, your own attorney will advise (NOTE: — Illinois Legislature has voted against this bill since tjiis article was written.)