The talking machine world (Jan-Dec 1908)

THE TALKING MACHINE WORLD. 35 SOME IMPORTANT POINTS On Copyright Matters Sent by S. T. Cameron to Representative Leatce. S. T. Cameron, counsel for the American Graphophone Co., has sent an interesting letter to Hon. Eugene W. Leake, of the Patent Committee of the House of Representatives, dated March 30, the salient points of which we can only present, owing to lack of room. The letter has been ordered included in the official report of the copyright hearings: Dear Sir : — During the hearings before the joint committees on patents of the Senate and House on Saturday last, you asked several of the gentlemen who were addressing the committee to tell you why, if Congress included in the copyright bill a provision recognizing the meclianical reproduction of musical compositions as an infringement of the copyright for such musical productions. Congress should be asked to couple with such a clause a provision for the granting of universal royalties to all parties who might desire to mechanically reproduce the musical composition. Some of the gentlemen thus questioned by you gave partial and, to my mind, very incomplete and unsatisfactory reasons for this requirement, and others (doubtless because of the shortness of time at their disposal) failed to answer the question at all. It appears to me that the question is a very pertinent one and that, as a member of Congress delegated to pass laws for the best interests of all the people, you were entitled to have received a frank and full answer to your question. The fact that you were not fully and clearly answered, and the further fact that I believe I may he able to throw some light upon the subject, are my excuses for intruding upon your time with the present communication. 1 am one of those who believe that such an act, if passed, would be unconstitutional, but it is not my purpose at this time to discuss that question, and what I say hereafter will be based on the idea that you assumed the constitutionality of the act in asking your question. There can be no question that in order to be within the constitiation every act granting copyright or patent protection to authors or inventors must have for its object "the advancement of science and the useful arts." A study of the copyright and patent laws now on the statute-books will make it perfectly clear that such laws are based upon the proposition that, in consideration of some benefit moving tO' the public from the author or inventor, the people grant to the autlior or inventor certain specified monopolies. Thus, the law in relation tO' patents requires that before the exclusive right to make, vend and use a given Invention shall be accorded to the inventor, he shall file an application in the Patent Office describing his invention in such full, clear, concise and exact terms as will enable one skilled in tie art to make, construct, compound or use the invention for which patent is sought. The manifest object of this requirement is that after the expiration of the seventeen-year monopoly granted by the patent, the public shall be in full and complete possession of the invention in such form that all these skilled In that art may utilize it. If the inventor fails to do this ; if perchance he obtains a patent and it can be made to appear that he has purposely concealed or withheld information in regard to some essential feature of his invention which the public was entitled to have, his patent will be void for this reaso'n. . . . Now under the present copyright laws, it has been held by the Supreme Court that the author shall have for a certain limited time the monopoly of the right to make copies of his writings, and it has likewise been held that the mechanical reproduction of the music or the thought expressed by the written characters is not an infringement of this monopoly granted by the law to the author. The composer now' comes forward and asks the public through their representatives to grant them an extension of the monopoly which they now possess ; asks that that monopoly be expanded so as to include the mechanical reproduction of the music or the thoughts represented by the written characters. Assuming that Congress has authority under the constitution to grant this at all, and assuming that Congress believes that such a measure would make for the advancement of science and the useful arts, is it not perfectly proper that in granting this extension of the monopoly heretofore granted they should reserve to the public the right to reproduce on mechanical instruments the musical conception of the author by any member of the public who is willing to pay a certain stipulated royaltv to the composer? I think it is. Such an act offers an additional incentive to the composer. . , The author in return for the exclusive monopoly granted him for a limited period to publish copies of his composition puts the public, through such published copies, in possession of his composition, and by paying a stipulated price for such copies the public gets the use of the composition, and the courts have held that they have also acquired the clear right to_ the mechanical reproduction of a musical composition. The people are now asked to part with this right, and it is manifestly clearly within the rights of the people to sav to the composer: We will grant you the exclusive right to collect royalties for this mechanical reproduction of your composition, but we will reserve to the entire public the right to this mechanical reproduction upon the payment to you of the stipulated I'oyalty, believing that thereby we will contribute to the advancement of science and the useful arts in a -way best calculated to promote the interests of all the ^^It'siiould be borne In mind that a patent or a copyright is granted to the inventor or author under the law because, as the moving reason for the grant it is believed that to do so will advance science and the useful arts, and therefore will be in the interests of all the people. Otherwise, no patent or copyright -would he granted at all. Now manifestly of Congress in its wisdom believes that the interests of all the pwple would be best served by placing certain limitations upo-n the extension of the copyright monopoly of the character under consideration, there is every reason why such restriction or limitations should be placed thereon. JUST INCORPORATED. Among the incorporators filed with the secretary of the state on Saturday was that of the Manufacturers' Outlet Co., New York, to handle talking machines and all kinds of side lines; -iapital ?15,000. Directors: Walter L. Eckhardt, New York; H. D. Rooseri, Brooklyn, and G. H. Haulenheck, Stamford, Conn. THE HERZOG CYLO=PHONE. Clever Invention in WInich the Talker Is Concealed— Of Interest to Talking Machine Men. PHONOGRAPH IN THE ARCTIC. Interesting Letter to Mr. Gilmore from Major Hersey, Who Accompanied the Wellman Exposition. Last month we made mention of a clever Herzog creation in the form of a novel cabinet in which a talking machine is hidden completely from view. 'Some very clear illustrations representing this new trade novelty will be found on page 39 of the present issue of The World. These views should be studied carefully, for they give to the beholder, a comprehensive idea of what the Herzog Co. term their Cylo-phone. It will be seen upon examination that the phonograph is always ready for use, cleverly concealed in this new Herzog invention, but a mere external examination does not convey an adequate impression of the benefits of the Cylophone. The cabinets are very cleverly designed and all who have listened to the phonographs I-IEAKINO THE PHOXOGR.VPII XE.in THE within them have not hesitated to express themselves in the warmest terms of approval of this wonderful trade invention. The musical qualities are not impaired in the slightest and the Cylo-phone is a new claimant for trade patronage which is destined at once to attract interest cf talking machine people everywhere. B. B. GOODMAN A VISITOR. Last week B. B. Goodman, manager of the talking machine and music departments of the Bailey Co., the leading dry goods emporium of Cleveland, 0., was in New York and Philadelphia lately. He visited the plants of the National Phonograph Co., Orange, N. J., and also the New York headquarters: the Victor Talking Machine Co., Camden, N. J.; the Universal Talking Machine Co., Newark, N. J., the lines of which his establishment handles. Speaking of the Zonophone goods, recently added, he said: "We consider the Zonophone line the equal, if not the superior, of any in the market, and we are confident of doing a splendid business with it — probably going ahead of the others." Just before the Wellman Expedition left on its search for the North Pole, President Gilmore, of the National Phonograph Co., presented Major H. B. Hersey, the prominent meteorological expert and executive officer of the expedition, with a handsome Edison Home phonograph and a liberal supply of records. How the members of the party enjoyed the gift while located in the Arctic regions was described by a letter sent to Mr. Gilmore by . Major Hersey last summer, which, however, failed to reach Orange. The letter was accompanied by a photograph of the party enjoying the phonograph music, and fortunately the National Phonograph Co. succeeded in getting duplicates of both letter and picture, both of which we reproduce through their cour' ■., tesy. The letter, dated Camp Wellman, Dane's Island, Spitzbergen, July 25, 1907, reads as follows: "I want to tell you how the phonograph works up here in the Arctic close to 80° north latitude. We unpacked it soon after arriving here and found it to be in perfect condition. The records came through the rough trip without inNonTH FOLE. jupy^ Powler, our surgeon, was appointed 'master of ceremonies,' and soon had the records rolling out the sweet song that carried us baclt in spirit to the homes and friends we left far away. "And you have no idea what a treat ic is up here in this land of eternal, ice and snow to listen to this music. Nearly every night, if we may say night when the sun shines 24 hours in the day, we have the instrument at work, and we seem never to tire of it. Two or three times a week we take the outfit over to 'Pike House,' where our Norwegian workmen sleep, and give them a serenade. They enjoy this keenly. The other evening we took a photograph of their quarters with the phonograph working. The expression on their faces is so good that I am going to send you a copy of it. In closing I will add that the phonograph and records have given splendid satisfaction in every way. H. B. Hersey, Executive Officer." MERWIN E. LYLE MARRIED. OFFICERS OF NEW COMPANY. The officers of the United Talking Machine Co.. whose corporation is referred to elsewhere, are: C. B. Repp, president; -C. A. Curtiss, vice-president, and A. J. Morrissey, secretary and treasurer. They will market a complete line of disc and cylinder machines, records and supplies. Besides handling talking machines as distributers and dealers, the F. W. Rous^ Co., Brooklyn, N. Y., also carry a line of pianop, musical merchandise and sheet music, doing a good business in all of them. March 25 Merwin E. Lyle. assistant manager of the Baltimore office of the Columbia Phonograph Co., general, was married to Miss Rita Adams, of Hacltensack, N. J. The ceremony, which was strictly private and informal, took place at Passaic, N. J., at the home of a friend, in the afternoon at 5 o'clock. Geo. W. Lyle, general manager of the Columbia Co., Merwin's uncle, and Mrs. Lyle, were present. The young couple went South for their honeymoon, and on returning, in about ten days, they will reside in the City of Monuments. Jacob Wester, of Newark, N. J., removed to new quarters at 332 Waverly avenue, that city, on April 1. THE HARMONY COMPANY, Chicago, U. S. A. Largest Manufacturers of GUITARS, IVIAIVDOLIINJS, GUITARS FOREIGN TRADE SOLICITED WRITE FOR CATALOG