The talking machine world (Jan-Dec 1908)

48 THE TALKING MACHINE WORLD. THE INTERNATIONAL COPYRIGHT CONFERENCE. Interest in Talking Machine Circles Now Centers in the Kaiser's Capital — Remarkable Testimonial Presented by the German Talking Machine Men — Some Powerful Arguments Showing the Talking Machine as a Musical Educator and Business Developer — Interesting Topics Handled at Length — The Result of the Conference May Have Direct Bearing Upon the Record industry in Many Countries. Much interest is manifested in tallying machine circles throughout the world over the International Conference on Copyright, which convenes in Berlin, Germany, on October 14. This is a continuation of the famous Berne Convention, ana it is believed that the result of this meeting will have a far-reaching effect upon talking machine interests in all of the countries participating. There are some European countries, notahly Austria-Hungary, which will not be represented, also some South American nations. The United States will have as its representative Thorvald Solberg, Register of Copyrights in the office of the Librarian of Congress, who will be the single delegate representing this country. The principal question to be considered will be the mechanical reproduction of copyrignt musical works. Upon this subject the talking machine men of Germany have prepared a voluminous memorial, which has been addressed "to the Secretary of State for the Interior," in which many splendid arguments are presented covering a variety of topics which will be probably taken up at the conference. This memorial is one of the most remarkable documents ever presented by any body of men representing a special industry. It includes nearly 40,000 words and is issued in the name of "The Union of the German Talking Machine Industry." It begins by stating that it is "quite natural that the composers should desire an equivalent for the use oi their works. It is not, however, in the interests of the composers themselves to hinder the talking machine industry in its present state of development through a tax on records. The composers would profit more by continuing to take advantage of the benefits accruing from the strong and successful efforts of the talking machine industry to render good music, and the appreciation of good music, widely popular, as they (the composers) have done in the last few years. These benefits are caused by the increased sale of printed music, due to the introduction and constant perfecting of talking machines, profiting both themselves and their luiMisluM-s." However, it is stated that "it is desirable that the whole question ot copyrights as affecting records should be simultaneously regulated in all civilized countries on a similar basis." In the memorial the union have submitted arguments on the following subjects: "The Service which the Talking Machine Industry Renders to Composers." "Knowledge of Music as the Result Produced by the Talking Machine." "The Dangers of Monopolies Created by an Unrestricted Prohibitory Right Granted to Composers." "Legal Provisions for the Prevention of Monopolies in Patent Laws and an Outline for an Aualagous Restriction of the Rights of Composers Regarding Records." "The Original Rights of Artists." "Legal Relations of Composers, Artists, Performers, Manufacturers of Records to One Another and to Third Parties." "Protection of Records Against Mechanical Reproductions." "The Necessity of Equal Legal Copyright Protection in the "Various Civilized Countries." "Misrepresentations of Fact in the Petition of the Union of German Composers (Genossenschaft Deutscher Tonsetzer)." "The Necessity of Restricting Copyrights which .May be Granted to Composers of Those Works that at the Time of Publication of the Law had not been Published." "Public Entertainment by Means of Records." In the first argument it shows that I he production of disc and cylinder records in Germany amounts to about L'i.OOO.OOO pieces annually, and gives employment to thousands of workmen and clerks, and that further development of this business will be hindered by the new legislation proposed by the music iiublishers. It is admitted that the talking machine trade utilizes the work (if loniposcrs for a greal part of its jiroducl ions, liiit it is also claimed tlKit the manufacturers render tlie eoniposers greal services, so thai (Uie clearly balances the other. Under the first caption. "Services Rendered by I lie Talking .Machiiu> Trade to Conipiisers," the luiiiioiial states: l iiilrr llif iiii'si'lil laws, wlilili o.xoiiipl li'coi'ds Irxiii llif 1 upyilnlila of coinpescrs. llu' lalliliii; nuiihllio llliluslry In (irrmntiy. iis In s.mio ..|1\cr in(l\isl rial stnlos. lias been very satisfactorily developed. In spite of tbe short period of the existence of this industry, the production of discs and cylinders in Germany amounts to about 15,000,000 pieces yearly. It already gives employment to thousands of workmen and clerks. Previous observations point with certainty to the further growth of the industry. Wliatever the reason for the exemption of records from the claims of composers, the result has been a free development of the industry, and through strenuous competition between individual firms, and their efforts to improvement in quality and performance. The industry has gootl grounds for the supposition that any further development — desirable and highly satisfactory in the general interest — in quality and quantity, would be very much hindered by the new legislation proposed by the music publishers. It must be admitted, that the tajking machine trade utilizes the works of composers for a great part of its productions. It would certainly be unequitable, if composers were not compensated for the use of their works by the manufacturers of records. On consideration of the facts, however, it is found that the manufacturers of records render the composers great services, which are decidedly useful in advancing their interests, so that these two factors may be said to balance themselves, as a matter of fact, leaving a good balance in. favor of the manufacturers. The service rendered by the manufacturers — mostly at great expense to themselves— consist essentially of the appreciation of music, and capacity for the enjoyment of music, which they have so widely diffused. This has tended to raise the standard of culture among large sections of the popu. lation. who were heretofore indifferent to music. It increases the demand for (sheet) music, which the composers or their deputies, the publishers, sell, to a considerable extent. On the other hand, records are also advertising mediums for the newest and best works of composers, and are just as suitable for increasing the returns from compositions as any other advertising mediums the ciimpi sers i i iheir publishers employ. It cannot be denied that any utilization of a copyright belonging to a composer, or any other proprietor, acts as an advertisement as well, if the performance takes place in public. If this advertisement were regarded as a payable debt, that could be used to balance the composer's expenditure of talent, it could not compensate the composer in a manner that could be expressed in actual figures. Observation confirms the fact, however, that the services thus rendered to the composer, without compensation, by the record, are unusually valuable. Experienced observers are unanimously of opinion that the talking machine industry in Germany has already greatly extended appreciation of music, and Interest In musical performances among the masses, and that its Influence will unquestionably increase in the future, with the greater average perfection of phonographic performances. That must directly increase the profits of composers through greater demand for sheet music. There is also the fact that manufacturers are obliged to incur enormous capital expenditure to produce salable records. In this respect, the services of our industry may be compared to those of any one who might, in the interest of a composer, produce his works publicly at an increase of expenditure and -n-ithout raising the prices of admission. The production of a record requires many years of experimental work to overcome the difficulties that present themselves in the manufacture of a really good record. The most capable artists must be employed to perform the compositions, in recording them in the receiving apparatus. It is generally known that first-rate artistes demand — and get — high payment for these services. .\lst.. the manufacturer is obliged to incur considerable expenditure to make his products known. It is tlie custom, for this purpose, to announce the newest things in music by the usual means of publicity. It is liHlispulal>iy evident that the composers' latest productions are advertised for them by this means and without expense to themselves. All this proves that the services the industry renders composers are for the present, and will be iudetinilely, of considerable value. They completely outweigh the claims to compensation adv.-<nccd by the composers — which need not be regarded as important. For these reasons, although the services ot composers should certainly be recognized, there is no ground tor legislation In the near future, giving composers rights that would have as a result a tax on records. In these circumstances, the wish to establish composers' copyrights would, even in the general Interest, serve no purpose, (ieneral interest could only be endan gered if It could be proved that by not granting the demands of the composers, dimlnutimi ot salalile value would lead to the decay of the composer's art. In fact, on the contrary, the reci.vd industry helps the co-niposer, even without a copyright, to liud a better market for his works, therefore there is no ground whatever l"<u giving the composer a copyright in ibe general Interest. In view i.f ihe fail tluu every tax o-u the talking iiiachlue lu(lu>tr\ in in\or of the composer would hnm per the develoi)iiienl oC this industry, it leads to the conclusion hat conslderallons of justice (equity) cannot, in the present stage of the developmeiil of the talking machine ludujitiy. permit of iin extension of the rights i.f composers, and that any legislation to that effect w.iuld have to be deferred to a later date. Under the heading of "The Danger ot Creating .Monopolies Through an I'lirest ricled Kiulii (^Contiuiu'd on page .')(),» On Guard J^ON'T carry your Records in a haphazard manner. The right system of carrying and displaying them means a big profit to you. "The Heise System" of Wire Record Racks solves the proper handhng and selling of every kind of records. Our new catalog shows a wide variety of styles and sizes carried in stock ready for immediate shipment. Areyou makingyourshare of the profits selling the 100 and 150 space racks for home use ? Take up the matter with your Jobber TO-DAY. He can supply you. Syracuse Wire Works Syracuse, New York, U. S. A. Cnnadlan Represenlatives Tho R. S. WILMAMS & SONS CO. TORONTO AND WINNIPEG