The talking machine world (Jan-Dec 1906)

22 THE TALKING MACHINE WORLD. long while; at the same time they have made much headway in music, thanks to studious application. But let the mechanical music maker be generally introduced into the homes; hour for hour these same girls will listen to the machine's performance, and, sure as can be, lose finally all interest in technical study. "Under such conditions the tide of amateurism cannot but recede, until there will be left only the mechanical device and the professional executant. Singing will no longer be a fine accomplishment: vocal exercises, so important a factor in the curriculum of physical culture, will be out of vogue! "Then what of the national throat? Will it not weaken? What of the national chest? Will it not shrink? "When a mother can turn on the phonograph with the same ease that she applies to the electric light, will she croon her baby to slumber with sweet lullabys, or will the infant be put to sleep by machinery?" He does not evidently view .the educational power of the piano players and talking machines in a favorable light, for ^he says that "the mechanical inventions, in their mad desire to apply music for all occasions, are offering to supplant the illustrator in the classroom, the dance orchestra, the home and public singers and players, and so on. Evidently they believe no field too large for their incursions, no claim too extravagant. But the further they can justify these claims, the more noxious the whole system becomes. "Just so far as a spirit of emulation once inspired proud parent or aspiring daughter to send for the music teacher when the neighbor child across the way began to take lessons, the emulation is turning to the purchase of a rival piano player in each house, and the hope of developing the local musical personality is eliminated. "The" country dance orchestra of violin, guitar and melodeon had to rest at times, and the resultant interruption afforded the opportunity for general sociability and rest among the entire company. Now a tireless mechanism can keep everlastingly at it, and much of what made the dance a wholesome recreation is eliminated." He yields, however, on one point, that it may play a strong part in the love affairs of the nation, for he says: "In the prospective scheme of mechanical music we shall see man and maiden in a light canoe under the summer moon upon an Adirondack lake with a gramophone caroling love songs from amidships. The Spanish cavalier must abandon his guitar and serenade his beloved with a phonograph under his arm." Mr. Sousa believes, too, that in war as well as in love, the talking machine will win renown. He asks: "Shall we not expect that when the nation once more sounds its call to arms and the gallant regiment marches forth, there will be no majestic drum major, no serried ranks of sonorous trombones, no glittering array of brass, no rolling of drums? In their stead will be a huge phonograph, mounted on a 100 horse-power automobile, grinding out "The Girl I Left Behind Me,' 'Dixie' and 'The Stars and Stripes Forever.' " Through the opening of Mr. Sousa's article there is an ever-present sarcastic vein, and he obviously fails to give credit to the wonderful educational influence of the automatic devices which enable people in every part of the land to become acquainted, through their media with the musical compositions of this and past generations. The sarcastic element in Mr. Sousa's article is succeeded by a serious trend of thought toward the close in which Mr. Sousa gives his impression of the new copyright bill, which was introduced at Congress at the last session. He describes his experiences before the joint committee, where he made a strong plea for the composers. "Of course, it must not be overlooked that in — AiJ/jlelon's Muoo^inc. "DOES IT Gl) .\BorT TO .SEHK WHOM IT MAY DEVOrR.'" the United States Circuit Court of Appeals a case has just been decided adversely to the composer's rights in the profits accruing from the use of his compositions on the talking and playing machines, but this case awaits final adjudication, on appeal, in the United States Supreme Court. Judges Laeombe, Coxe and Townsend rendered a decision as follows: " 'We are of the opinion that a perforated paper roll, such as is manufactured by defendant, is not a copy of complainant's staff notation, for the following reasons: It is not a copy in fact; it is not designed to be read or actually used in reading music as the original staff notation is; and the claim that it may be read, which is practically disproved by the great preponderance of evidence, even if true, would establish merely a theory or possibility of use, as distinguished from an actual use. The argument that because the roll is a notation or record of the music, it is, therefore, a copy, would apply to the disc of the phonograph or the barrel of the organ, which, it must be admitted, are not copies of the sheet music. The perforations in the rolls are not a varied form of symbols substituted for the symbols used by the author. They are mere adjuncts of a valve mechanism in a m.achine; in fact, the machine, or musical play ing device, is the thing which appropriates the author's property and publishes it by producing the musical sounds, thus conveying the author's composition to the public." May I ask, does this machine appropriate the author's composition without human assistance? Is the machine a free agent? Does it go about to seek whom it may devour? And if, as quoted above, the machine "publishes it," is not the owner of the machine responsible for its acts? Mr. Sousa has evidently devoted considerable time to the consideration of this matter, and he says: "The section of the Constitution on which my whole legal contention is based provides: 'The Congress shall have power to secure for limited time to authors and inventors the exclusive right to their respective writings and discoveries.' And my claim is, that the words 'exclusive' and 'writings,' particularly the latter, are so broad in their meaning that they cover every point raised by existing copyright laws, even to the unauthorized use of musical compositions by mechanical reproducing apparatus, and all this because these two words deal, not alone with the letter, but with the spirit as well." Mr. Sousa says later that "the day will come when the courts will give me the absolute power of controlling the compositions which I feel are now mine under the Constitution. Then I am not so sure that my name will appear as often as at present in the catalogues of the talking and playing machines." He closes by saying that it is possible that if the composers do not receive a just reward for their efforts in the end it will have the effect to check incentive to creative work, and that compositions will cease. My, my, how sad! COLUMBIA WAREROOMS DAMAGED. Fire Consumes $40,000 in IVIachines and Records — Will Start Again at Same Place. A fire at the Columbia Phonograph Co.'s downtown store, 352 Broadway, New York, August 21, caused a loss of $40,000, fully covered by insurance. There was little if any salvage, and business will be resumed in the same place with as little delay as possible. JOBBERS" ASSOCIATION ELECT OFFICERS. Rapke Horn Crane^ No. 15 jIMPLEST and best ever produced. Will support any horn up to and including 36 inches. Is nickeled throughout, and fits into small space. Weighs only lbs. Can be attached in an instant to any Phonograph without injury to cabinet. RAPKE HORN CRANE, No. 15 PATENTS PENDING / PRICE, $1.50 VICTOR H. RAjt»K:E, IVIfr., (Special to The Talking Machine World.) Detroit, Mich., August 31, 1906. The annual meeting of the Central States Talking Machine Jobbers' Association was held at the Hotel Cadillac August 15. There was a large attendance, and the morning and afternoon sessions were interesting, important trade matters being disposed of. The election of officers for the ensuing term follows: President, E. Percy Ashton, of the American Phonograph Co., Detroit; vice-president, E. .1. Heffelman, of KleinHeffelman Co., Canton, 0.: secretary, Perry B. Whitsit, of Perry B. Whitsit Co., Columbus, O. (re-elected). The next meeting of the association will be on November 12 at Indianapolis, Ind. Mr. Dealer! are you using the RAPKE Label and Tray System ? If not, consult at once YOUR JOBBER SAMPLES OF LABELS FREE. As soon as you adopt this system, your profits increase. It costs you nothing to try. If your jobber cannot supply you, write to 1661 Seconci Av., IMew YopR ONE-QDARTEK ACTUAL SIZE