The talking machine world (Jan-Dec 1908)

44 THE TALKING MACHINE WORLD. TIMELY TALKS ON TIMELY TOPCIS As a material in aiding records to become active instead of dormant, a selected list of the best sellers has been found to be an excellent stimulus when issued by the jobbers to their (lealers. Wherever jobbers have taken the trouble to issue such a bulletin it has justified whatever time and expense that may be involved, and is welcomed by the dealer who may lack familiarity with any given catalog or initiative to undertake the task. Its value as first aid to record sales cannot be denied. Last month, or to be more specific, ou August 24, another decision was rendered affecting the sratus of the so called Jones patent for the duplication of disc records by means of the eleetroiy,.i_g mtthoJ. In this instance the patent was invalidated, while in the opinion formulated by the United States Circuit Court of Appeals on January 19, 1907, the same patent was sustained, being a reversal of Judge Hazel, who cn February 19, 19C6, dismissed the bill. The same complainants, namely, the American Graphophone Co.. who sued in the first instance, also figure :n the most recent case, being the owners of the invention, the Leeds & Catlin Co. defending. Judge Hough, of the United States Circuit Court, southern district of New York, wrote an exhaustive opinion in the last trial, and his conclusion that Jones was anticipated by a British inventor is regarded by the laity as an interesting, if somewhat confusing, attitude for the learned federal jurists to assume. However, the plaintiffs will not accept Judge Hough's dicta as final, and have already taken steps to have the decision reviewed by the upper court. Fuller particulars of the latest step in this celebrated litigation appears elsewhere in The World. The copyright question is to come up again shortly, that is, before the American Congress goes into session. On October 14 an International Copyright Conference is to be held ai Berlin. Geimany, and the principal subject to be debated and disposed of is the reproduction of copyright music on talking machine records and other mechanical devices. As stated in advices from Washington, on another page of The World, delegates have been appointed by the President to attend this meeting, gentlemen who are well versed in copyright matters from long familiarity with its many-sided contentions, and who are suflSciently broad in their views as to be regarded as experts whose opinion and action should carry weight. The growth of the talking machine trade, the wide influence exerted in an educational way by the sound-reproducing devices originated, developed and constantly being improved by the inventive geniuses attached to this important industry, is conceded by the statesmen of the world as of such recent date as to have been entirely overlooked in framing laws dealing with copyright property. It is generally conceded that the scope of existing statutes in a number of the leading countries, including the United States and Great Britain, specifically — briefly, the English-speaking world — do not adequately recognize the great factor in the spread of musical intelligence that is exerted by the talking machine record. Steps to place the trade on an unassailable basis in respect to future copyright interpretation are now being taken, and the Berlin conference may be regarded as composed of such progressive delegates that their deliberations will be marked with a high regard for the cumulative, not to mention the vested, rights of a vast industry that has added to and is continuing to increase the sum of the world's happiness and pleasure. In this spirit the conclusions of this international body of scholars and men Intimate with public attairs will doubtless be formal ;ind decioed. The prominent music publishers, or "editors," as they are called on the Continent, will make every effort to befog the situation in their own business interests; but as their contentions, often absurd, have been thoroughly thra.'^bed out, thfir menacing attitude will not carry the weight they imagine. In short, it has been reduced to a minimum alieady by a number of recent court decisions entirely favorable to the talking machine trade. A pleasant rumor has been spread by the local papers that George W. Pound. Buffalo. X. Y., had been selected as legal counsel, resident in Washington, D. C, for "a number of large corporations which control the phonograph and phonograph record business in America, " at a snug salary of $1U.000 per annum. As is usual with daily newspaper reports they are sadly mixed, to express it mildly, and nine times out of ten grossly in error when they "make a fist" at stating the most ordinary facts. This is just another example of their inexplicable tendency, for according to eminent c-oncerns in the trade who speak by authority, Mr. Pound, while conceded to be a "splendid fellow and a good lawyer," has not been retained to represent any record or phonograph manufacturers in Washington or any other place. The "learned counsel" in this instance is not inclined to indulge in such iridescent fancies, but the reporter was the victim of the wildest imagination, known in professional parlance as "a pipe dream." ing to tbo.sp who have followed the litigation in whirli thi.'i basic invention has been attacked. .\ decision was looked for early last month, and now it may be expected any day. Concluding its praise of a so-termed newsound box, which a foreign contemporary says "now stands in unassailable perfection before an astonished world," it remarks, "even discs that are impossibly bar! when tried with other sound lioxes are quite satisfactory when tried with this new device. " it must be a wonder, trulyl Word has been received that the authorities at Leipzig, Germany, have enacted an ordinance prohibiting the playing of talking machines or mechanically operated pianos in a dwelling unless the windows are closed. This sounds queer as coming from a place where semi-yearly fairs have been held for centuries in which musical instruments of all kinds are a predominating feature! Of course, there is such a condition in which even the best of things become monotonous, and it may be in a spirit of surfeit that led up to this qualified restraining order. This action of the Leipzig authorities is peculiar, to say the least, and is reported as not being altogether disinterested. A case now in the hands of the United States Circuit Court, Western District of Michigan, namely, the Victor Talking Machine Co., Camden, N. J., against the Duplex Phonograph Co., Kalamazoo, Mich., once again deals with the famous Berliner patent. Argument was heard in June, and the elaborate briefs and voluminous record makes a formidable presentation of a suit involving many intricate points vastly interest The box in question is describsd as follows: "Not a single screw is to be found in the whole thing; the whole is held together by a consistently arranged system of springs, even the needle-holder is kept in its place on a stretched convex membrane by means of such pressure." Perhaps our sound box sharps may i erk up a bit after reading the foregoing. With the death of Ira D. Sankey, the singing evangelist, associated for many years with D. L. Moody, his co-laborer in the same field, and w-hich occurred in Brooklyn, N. Y., last month, it will be recalled that at one time he was a stockholder in the Leeds & Catlin Co., New York, and for whom he made a number of records of his most famous religious songs. Being confined to his home by sickness during the last two years of his life, and Mr. Sankey's voice failing, the work of reproducing had to be suspended; but nevertheless the comjDany's repertoire commanded a large sale at one time, and still sell in no small quantity. J. Allen Sankey, the vicepresident of the company, is the son of the celebrated evangelist whose musical compositions have circled the world, and are esteemed in the homes as well as when sung from the public platform. For congregational singing these often simple themes had few equals, and the records were equally popular. While much fault is found by the foreign rade with the clumsily constructed and unattractive appearance of European-made record cabinets and carrying cases, especially those emanating from German factories, the American articles are praised and admired for their practicability, compactness, handiness, finish and general neatness. The cabinets are especially handsome, the designs being furnished by artists, and no little ingenuity being displayed for the purpose for which they are intended. The record-carrying cases can be also commended as splendid examples of what nearly everything bearing the American brand stands for the world over. Who wm Be Our Next President ? The issues Are These Firs t — Conduct your business in a profitable manner. Second — Display your goods well and with as little expense as possible. Third— Keep your stock of Records up-to-date. Fourth — Add the new Edison Amberol Records. Fill h— Order at once sufficient RAPHE LABELS A\D TRAYS to accommodate them. If you comply with these suggestions you are entitled to a vote. (Dead men cannot vote) VICTOR H. RAPHE, I66I Second Avenue, New York The Rapke Tray No. 40 is just what the small dealer needs. Ask about it.