The talking machine world (Jan-Dec 1908)

THE TALKING MACHINE WORLD. 15 The mechanical reproduction by means of the gramophone has, therefore, been quite correctly classed among the exceptions named In the clause (paragraph 36). It Is more difficult to decide, whether, according to paragraph 36, the reproduction of the texts of the three songs from the operetta "The Merry Widow" — mentioned In the judgment of the Appeal Court — is unrestricted. Correctly stated, the facts are : That the librettist has an Independent literary copyright of the text (paragraph 4, Zl, 2 paragraph 8 and 23 U. G.) and that according to paragraph 25 P. 6 clt. a reprint of a text belonging to a song would, in the case of operettas, constitute an infringement of copyright, also that paragraph 36 only mentions "musical" works. In the present case, however, the exempting clauses of paragraph 30 must be considered applicable, particularly when considering the clear intention of the law as expressed in the wording of paragraph 6 a. b. G. B. which is of practical assistance in the reading of the law. Paragraph 30. above mentioned, grants perfect freedom from restriction to the mechanical reproduction of musical sounds : it i.s in no way subject to the copyright law. Songs can by reproduced in themselves, without the text ; in the case of operettas, at least, the text, compared with the music is of little importance. In reprcfducing melody and text, the gramophone must reproduce them together; the text is not more easily comprehensible than in a personal performance. It is therefore, quite plain, why paragraph 36 does not mention the text. On the contrary, the exclusion of the latter from the exempting classes cannot bo tacitly accepted, at least not in a case of this nature. The object of the law in granting freedom to the reproduction of musical works by means of the gramophone, would be considerably affected In regard to the reproduction of songs, one of the most popular aspects of the case. It is not necessary to question whether musical plays with text were thought of at the time when the laws were published ; the object of the law is evidently the exemption of the text in conjunction with melody (in reproduction). A reproduction by means of the gramophone induces a visit to the original performance ; it popularizes the work (music and text) and is therefore, of advantage both to the composer and the librettist ; as regards the latter, the gramophone does not render the text book any the less necessary. Therefore, the appeal Is dismissed. The costs of the appeal, are to be borne by the plaintiffs, according to paragraphs 41 and 50 Z. P. 0. Decision of the Oberstgericht (Supreme Court) of the 19th IMay, 1908. Ev. 1 309/8. k. & k. Landesgericht in Z. R. S. (County Court) Division 111. Vienna. June 15. 1908. THE TWIN CITIES' NEWS BUDGET. VICTOR SALES IN SUMMER MONTHS. The Victor Co. make the following points which dealers would do well to study and then act upon: "Don't let up in your efforts to sell Victors during the summer months. The well-to-do people have plenty of money lying dormant. Go after them, especially on high priced Victors, Victrolas and Auxetophones. "Follow summer crowds and try to sell Victors and Auxetophones to the hotels and other resorts. "Get on the good side of the orchestra leaders at hotels, and have the Auxetophone used, with orchestra accompaniment, the same as they are doing at the Waldorf-Astoria, in New York, where they had a member of the orchestra groomed to resemble Caruso, who gets up and bows his acknowledgments of the enthusiastic plaudits of the crowd (the Auxetophone being disguised behind the palms)." THE 1010 SPECIAL 150-Peg Cylinder RECORD CABINET IS A TRADE-WINNER Write for Special List. Positively the best value ever offered at special price to talking machine dealers H. A. WEYMANN & SON, Inc. Edison Plionograph Jobbers. Victor Distributors, Cabinets and Supplies. Manufacturers of tlie KEYSTONE STATE Musical Instruments. Publisliers of Sheet Music. Weymaon Bldg., lOlOChesbial St., Philadelphia, Pa. Business Much More Active — Dealers Report Record Trade Growing Rapidly — Play Talkers for Shriners at Annual Conclave — Summer Resorts Help Sales — Vacationists Buy Machines and Records. (Special to The Talking Machine World.) St. Paul and Minneapolis, July 28, 1908. Talking machine dealers in St. Paul and Minneapolis find that there is much more activity to the trade, in both the retail and wholesale lines. Business was discouragingly pour all the spring, but of late a new tone has been struck. Sales are better, prospects are better, and everybody feels easier and more satisfied. The Minnesota Phonograph Co., which does a jobbing business in both the Victor and the Edison goods, says that there has been a decided betterment in conditions and actual business. The retail dealers of St. Paul and Minneapolis have more to do, while the country trade is considerably stronger. Naturally with the thousands of machines distributed all over the Northwest, the record trade has grown to large proportions, and constantly is demanding an increase in the number of record bins. Talking machine dealers had opportunities of playing records to Shriners from all parts of the country, who held their annual conclave in St. Paul, Minn., July 12-18. The saintly city was decorated in a manner that will stand as a model, and Minneapolis responded likewise. As all visitors naturally visited that city at the same time, many parades, both day and night, and entertainments of all kinds were in order. One dealer kept the crowd that was waiting for the parade in Minneapolis in good humor by turning a Victor Victrola to his front door and playing records of bands and Caruso, which was appreciated by the crowd, who responded with liberal applause. The street was packed, and as soon as the machine started with a lively march, a lot of rubbering was done looking for the parade, and it took a few minutes for the crowd to learn that it was a talker; then they stood quiet and listened. The opening of the summer resort season throughout the Northwest has helped the talking machine dealers of St. Paul and Minneapolis very materially. Talking machines are peculiarly the musical instrument for the camp and the summer cottage. Minnesota and Northern Wisconsin offer unusual attractions for people who like outdoor life, and visitors come hundreds of miles to spend several weeks, and even months, on the shores of the northern lakes. Many of them* bring talking machines, and those who do not do so, find that they are indispensable. Until the summer season opened, however, trade was exceedingly poor, not only with the jobbing houses, but the retail dealers as well. There has been a good demand for records of all kinds, even the most costly ones, btit the trade in machines has been only moderate. MATHEIS MAKES CHANGE. (Special to The Talking Machine World.) St. Paul, Minn., August 8, 1908. Archie Matheis, who for years has been in charge of the talking machine department of Koehler & Hinrichs, of St. Paul, Minn., has resigned his position and will look after his interests in his store known as the Talking Machine Co., of Minneapolis, Minn., located at 236 Nicollet avenue. He has one of the neatest stores in the West and carries a complete line of Victor and Edison machines, records, cabinets, etc. Mrs. H. H. Davis, of Newport, who visited the Waldorf-Astoria roof garden recently, was so entranced with the grand opera singers heard through the medium of the Victor talking machine, that she never missed a $10,000 pearl necklace until she reached the lobby of the hotel. It was found, however, on the roof garden by one of the attendants, who was handsomely rewarded. "In haste" Does your jobber come up to the mark when you send in a rush order ? Does he always have exactly what you want.? And does he sfet it to you when you want it? You know only too well what happens in case your jobber lets his stock run down or doesn't get shipments to you promptly. You are forced to break promises to your customers and they go to some one else. We never fail you on a rush order. Goods are always shipped the same day the order is received and our stock is kept strictly up to date and absolutely complete in every detail. Everything you order we have right here. Victors, Victor Records, trumpet horns, record cabinets, fibre cases, English needles and all other Victor accessories. If you want a distributor that you can absolutely depend on for rush orders, get in touch with us. Write for our catalogue to-day. The Victor Distributing and Export Company 83 Chambers Street, New \ ork