The talking machine world (Jan-Dec 1908)

28 THE TALKING MACHINE WORLD. sfecial-fabrik: CARL SCHROETER BERLIN S 42. PRINZESSINNENSTR. 21 REVIEW OF BERLIN CONFERENCE. An Interesting Chat With Paul H. Cromelin Regarding the Proceedings at the International Copyright Conference — Suggestions or Recommendations for Royalty to be Paid on All Compositions Hereafter — This, However, • Is Subject to the Legislation of the Different Countries. After a hurried trip to ^YasllingtoIl, D. C, immediately on his return from Europe, November 20, Paul H. Cromelin, vice-president of the Columbia Phonograph Co., General, got back to New York November 30. Chatting with The Talking Machine World relative to the copyright situation and the work of the International Copyright Conference in Berlin, Mr. Cromelin said: "As you know my main object in going to Europe was to complete a deal which will greatly extend our business and enlarge our operations abroad. I had to leave on short notice and had no intention when going of getting into the copyright fight at Berlin. After closing up the business in hand, however, I proceeded to Berlin and remained all during the session of the conference. There were no open meetings and none but accredited delegates were permitted to attend. Newspaper men were excluded and no official reports reached the public, except such occasional items as appeared in the paper which is the recognized organ of the German administration. "America was not a party to the conference, although our government was represented by Thorvald Solberg, register of copyrights, and Mr. Orr. third secretary at the American Embassy, Berlin. These gentlemen, like representatives from other governments, which are not members of the International Union — Russia, Holland and others — ohserved the proceedings, but had no plenipotentiary powers. "There was a great line-up of various interests — publishers, composers and those firms seeking to change the law on one side and manufacturers of mechanical musical instruments on the other. The interests were greatly diversified. Having our own establishments and factories in different parts of Europe, we co-operated with the other European firms with a view to bringing about as good a compromise as possible. The conference discussed a great many matters regarding extension in the copyright principle and various desirable changes in the international regulations. The only great fight was precipitated on the proposals to change the laws in respect to the use of copyrighted matter by the makers of mechanical musical instruments. "A great many memorials were sent into the conference by the various interests and the delegates had a rather hard time deciding upon their course. Under the original proposals made by the German Government and which were the basis for the discussions, it was the intention to grant to the owners of copyright now subsisting and those taken out In the future the right to exact a tax from the manufacturers of mechanical musical instruments for every record made of their compositions. This was qualified by a provision that if the author had used or permitted the use of his work for the purpose of mechanical reproduction any third person was to have the right to claim the privilege on payment of a reasonable compensation. It being left to the legislatures and the courts to decide in case of dispute what was to be a reasonable compensation. "The principal effort on the part of the manufacturers was to prevent the law working retroactively, their contention being that only pieces published In the future should be affected; and I hey wanted to obtain some practicable scheme for compulsory license as regards the royalties to be paid on new compositions and an international agreement on this point which would insure like action in the various countries of the Union instead of having the law different in each country. "As there had to be unanimity of action it was most difficult to reconcile the conflicting interests. Italy, striving to grant full and complete protection to her composers, was working to cover not only pieces published in the future, but also those in which copyright still subsisted. She opposed any scheme for compulsory license. Germany, on behalf of her manufacturers and great export interests, insisted that the compulsory license was an absolutely necessary feature of any change in existing law. The whole German trade was aroused and when they realized what the change in the law meant the greatest pressure was brought on the government and delegates to modify the proposals. The result was a compromise which, though perhaps not entirely satisfactory to anyone, was, from the standpoint of the industry, in every way better than what was originally intended to be carried throug'h. "Up to the time I sailed for America, November 14, nothing official had been announced. The revised text has, however, recently reached this country, and is practically as was exclusively outlined in The Music Trade Review. By its provisions everything which has been heretofore lawfully used on a mechanical musical instrument in any country of the Union remains free forever, notwithstanding that copyright still subsists in the composition. On pieces published after the convention goes into effect, and on all which have not been used to that date, the composer is to secure mechanical reproducer rights. As the congress could not bring about an agreement upon an international arrangement as to compulsory license, they added a provision leaving to the legislatures in each cotmtry the right to limit or add such conditions to the new rights as might be deemed expedient. The revised text of article 13, which now appears complete for the first time, is as follows: "'Article 13: Authors of musical works have the exclusive right to authorize (1) adaptation of these works to instruments serving to reproduce them mechanically; (2) public execution of the same works by means of these instruments. Reservation and conditions relative to the application of this article may be determined by the domestic legislation of each country in that which concerns it, but all reservations and conditions of this nature shall only have an effect strictly limited to the country which shall have established them. The provision of section 1 has not a retroactive effect, and consequently is not applicable in a country of the Union to works which in this country shall have been legally adapted to mechanical instruments before the puttin,g in force of the present convention. Adaptations made in virtue of sections 2 and 3 of the present article and imported without authorization of the parties interested into a country where they would not be legal may be seized there.' "The convention is to be ratified before July 1, 1910, and to come into force three months after the exchange of ratifications. As matters now stand we have established the principle in the countries composing the Union that pieces once lawfully used are to remain free; and as regards the new rights to be granted to composers which will be confirmed by new legislation we must convince the members of the committees having the preparation of the bills in charge of the inexpediency of any law which does not embrace some practicable compulsory license clause, and, especially in view of the contracts already made, which will turn these industries over to a single group if the compulsory license clause is (jmitted." TALKERS AND AEROPLANES. Notable Contributions of Professor Bell Set Forth by Sir J. H. A. Macdonald — Letter from Mr. Henry Cowen, of Berwick-UponTweed. Berwick-Upon-Tweed, Eng., Dec. 2, 1908. Editor Talking Machine World, New York. Dear Sir: Betiwee talking machines and aeroplanes there may be a s^reat gulf fixed, but it may interest your readers to know that the fertile brain of the inventor of the telephone had apparently long years ago considered the subject which is now perplexing the thinking powers of various grades of humanity. Under the auspices of the Edinburgh Engineering Students' Society a lecture was given a few evenings ago by Sir J. H. A. Macdonald, himself an inventor and a prominent la^^'yer, being Lord Justice Clerk of Scotland. The lecturer dealt with great inventions, such as the discovery of steam power, the telegraph, telephone and phonograph, and remarked that Professor Bell had stated to him that a time would come when mails and 'passengers would be conveyed by aeroplane, and that this mode of locomotion would be worked on a large scale with time-table accuracy. (Time-table accuracy seems to leave some doubt in the average man's mind with regard to punctuality! ) It is also attributed to him that he was of opinion that no fuel or other means of raising power would be carried (by flying taachines, but that electric motors would obtain their current in a wireless manner or by means of an electrode fashioned to draw the electricity from the atmosphere. Dr. Bell's idea seems to have been that electricity was always accumulating and continued to do so until a thunderstonn relieved the atmospnere of the charge. Should such a scheme ever materialize electric disturbances will become a thing of the past. A remark made by Sir J. H. A. Macdonald might with advantage be made a note of by cranks and others in the talking machine industry, viz: "If there is any lesson tau.ght by the history of science on material things and their powers, it is that divorce between abstract and practical science is disastrous to progress. There has been a tendency for the student Ol abstract science to think his discoveries are final and that practical men should take his advice." WhUe mentioning the city of Edinburgh I would like to add that I was present at an interesting FLURSTEDT bei Apolda i. Th., Germany E. SAUERLANDT CHEMISCHE FABRIK The largest manufacturing plant in the world devoted exclusively to the manufacture of Master Waxes for Gramophone and Phonograph Recording Sole Manufacturer of Sauerlandt's Material for Hard Moulded Records Attention paid to the Mannf;u tiiri' of liny S|)i'ciiil Mntorial. Master-Wax A1,K M .\TK KM A LS I'ROTKCTKK HY P.\TKNTS.