The talking machine world (Jan-Dec 1909)

34 THE TALKING MACHINE WORLD. relate to musical reproductions by mechanical devices, "it shall not include the works of a foreign author or composer unless the foreign State or nation, of which author or composer is a citizen or subject, grants either by treaty, con; vention, agreement or law, to citizens of the United States similar rights." As no such rights as are given in the Currier bill are recognized or exist in any country to-day, with the possible exception of Italy, the benefit of its provisions as regards the works of foreign composers can only be secured after the various foreign countries having international copyright agreements with^ the United 'States revise their laws. DOUBTS OF LAW'S CONSTITUTIONALITY. It was evident from the beginning that while grave doubts existed as to the constitutionality of any law which would include within the rights granted by copyright the records for mechanical machines, and the expediency of such legislation was questioned, still the vast majority of the manufacturers were willing to pay the com; poser something if a law could be framed which would protect existing investments and put all on an equal footing for the future. This the members of Congress sought earnestly to do, and the Currier bill is the result. So far as can be learned the manufacturers propose to give it a fair test. The principal criticisms which they have made so far are these: First— That royalties should be on records sold, not as manufactured. Second — That the royalties should be payable only on records sold within the United States, and not on those exported. All agree that as regards these two points the act should be amended. They have confidence that if it appears to work an injustice or develop defects that could not have been anticipated, it will be suitably amended by Congress. The paragraphs in the bill which interest all manufacturers of mechanical devices follow: "Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That anv person entitled thereto, upon complying with the provisions of this act, shall have the exclusive right : ********** Section 1. . , „ "(e) To perform the copyrighted work publicly for profit if it be a musical composition and for the purpose of public performance for profit ; and for the purposes set forth in subsection (a) hereof, to make any arrangement or setting of it or of the melody of it in any system of notation or any form of record in which the thought of an author may be recorded and from which it may be read or reproduced : Provided, That the provisions of this Act, so far as they secure copyright controlling the parts of instruments serving to reproduce mechanically the musical work, shall include only compositions published and copyrighted after this Act goes into effect, and shall not include the works of a foreign author or composer unless the foreign state of nation, of which such author or composer is a citizen or subject grants either by treaty, convention, agreement, or law, to' citizens of the United States similar rights. And provided further, and as a condition of extending the copyright control to such mechanical reproductions, TlMt whenever the owner of a musical copyright has used or permitted or knowingly acquiesced in the use of the copyrighted work 'upon the parts of instruments serving to reproduce mechanically the musical work, any other person may make similar use of the copyrighted work upon the payment to the copyright proprietor of a royalty of two cents on each such part manufactured, to be paid by the manufacturer thereof; and the copyright proprietor may require, and if so the manufacturer shall furnish a report under oath on the 20th day of each month on the number of parts of instruments manufactured during the previous month serving to reproduce mechanically said musical work, and royalties shall be due on the parts manufactured during any month upon the 20th of the next succeeding month. The payment of the royalty provided for by this section shall free the articles or devices for which such royalty has been paid from further contribution to the copyright, except in case of public performance for profit : And provided further. That it shall be the duty of the copyright owner, if he uses the musical composition himself for the manufacture of parts of instruments serving to reproduce mechanically the musical work, or licenses others to do so, to file notice thereof, accompanied by a recording fee, in, the copyright office, and any failure to file such notice shall be a complete defense to any suit, action, or proceeding for any infringement of such copyright. "In case of the failure of such manufacturer to pay to the copyright proprietor within thirty days after demand In writing the full sum of royalties due at said rate at the date of such demand the court may award taxable costs to the plaintiff and a reasonable counsel fee, and the court may, in its discretion, enter judgment therein for any sum in addition over the amount found to be due as royalty in accordance with the terms of this Act, not exceeding three times such amount. "The reproduction or rendition of a musical composition by or upon coin-operated machines shall not be deemed a public performance for profit unles a fee is charged for admission to the place where such reproduction or rendition occurs." Section 25.— Infringement of Mechanical Musical Instruments. Par. 4. (e) Whenever the owner of a musical copyright has used or permitted the use of the copyrighted work upon the parts of musical instruments serving to reproduce mechanically the musical work, then in case of Infringement of such copyright: by the unauthorized manufacturer, use, or sale of Interchangeable parts such as disks, rolls, bands, or cylinder fo ruse in mechanical music-producing machines adapted to reproduce the copyrighted music, no criminal action shall be brought, but in a civil action an Injunction may be granted upon such terms ts the court may imposed, and the plaintiff shall be entitled to recover in lieu of profits and damages a royalty as provided in Section 1, subsection (e), of this Act : Provided also, That whenever any person in the absence of a license agreement, intends to use a copyrighted musical composition upon the parts of instruments serving to reproduce mechanically the musical tvork, relying upon the compulsory license provision of this Act, lie shall serve notice of such intention, by registered mail, upon the copyright proprietor at his last address disclosed by the records of the copyright office, sending to the copyright office a duplicate of such notice; and in ease of his failure so to do the court may in its discretion . in addition to sums hereinabove mentioned, award Die complainant a further sum, not to exceed three times the amount provided by Section 1, subsection (c), by way of damages, and not as a penalty and also a temporary injunction until the full award is paid. . . "Rules and regulations for practice and procedure under this section shall be prescribed by the Supreme Court of the United States." CLEVELAND'S BUDGET OF NEWS. Trade Conditions Reviewed — Talking Machine Business as Good as Any Other Industry— Victrola Display at Buescher & Sons — The Month's Happenings in Detail. (Special to The Talking Machine World.) Cleveland, June 10, 1909. It is a difficult proposition to state exact conditions in talking machine circles. Dealers generally report a fairly good trade during May, but are careful to explain that it is not up to standard, and decline data regarding a return to normal business conditions. While it is and has been quiet, it is by no means stagnant. Omitting comparison with former "fat" years, this is by no means a "lean" one, as the aggregate volume of business clearly proves. Dealers are ordering more liberally and are now carrying very complete, carefully selected stocks. They quite naturally expect slackness in trade during the warm summer months, but are all confident of a resumption by the time fall sets in. Meanwhile it is expected the summer trade will likely be of the same character as the spring business, marked by slow but certain recovery. Some dealers have already taken on side lines, others are arranging to do so. Wm, C. Broadwell, representative of the R. Wurlitzer Co., Cincinnati, who resides in Detroit, was a visitor to the city May 20. His territory covers northern Ohio and Michigan, and he stated that in all the towns on his trip the outlook was excellent. "There is a better feeling in all lines of the music trade," he said, "and business is gradually though surely improving. I look for greatly improved conditions from this time forward." Hugh Gully, who retired from the talking machine business several months ago, has since been traveling quite extensively in a number of States. Naturally he visited the stores and sized up the business in which he was by long experience most interested. He says: "I found the talking machine business everywhere as good as that in any other line of trade, and while In some localities it seemed a little slow, the dealers I found were generally prosperous. I saw a number of beautifully fitted and artistically arranged stores, but none, in my judgment, that excel in equipment, ornamentation and adaptability to the trade that of W. J. Roberts, Jr. A prominent feature in the store of W. H. Buescher & Sons is a display of the different styles of Victrolas, for which it is said there is an excellent demand. Mr. Buescher said business was fairly good in May, and that June had s.arted in showing evidence of improvement. He stated that the increasing demand for machines indicated more prosperous conditions generally than had prevailed of late. J. B. Lane, formerly with the J. W. Jenkins & Sons Co., is now holding a position with the firm. C. H. Denslow, proprietor of the Talking Machine Store, Taylor Arcade, is young in years but old in experience in the talking machine business, and is building up a successful trade. He says business in May was very good, having made sales of several Victrolas and a number of the cheaper machines, and that the sales of records were fine. Altogether, said he, conditions in the talking machine trade are as encouraging as in most other lines of business. He stated the June Victor Red Seal list had started off nicely, and that the selections are very fine. Miss Emma Roche has succeeded Loretta Byrnes in the management of the talking machine department of the Brown Bros. She stated business was fairly good, but that there was opportunity for large improvement. "Business within the past two weeks has considerably improved," said Mr. Probeck, of the G. J. Probeck Co. "We have made recent sales of quite a number of the highest-priced machines, as well as many of the cheaper grades. We are rapidly disposing of the wax cylinder records and replacing them with the Indestructible. The double disc records are selling well and giving entire satisfaction. Our cabinet trade is fair. We are going to put in a side line of high-grade cut glassware, and anticipate a good patronage for that specialty." Phil Dorn, manager of the talking machine department of Collister & Sayle, says that while the volume of business is considerable, it falls short of being satisfactory in either the retail or wholesale departments. He stated the present demand was for the higher class machines, including Victrolas, and for Red Seal and Amberol records. B. L. Robbins & Co. report business very quiet, so far as relates to machines, but are having good sales of records, especially of the June lists, and always a steady demand for Red Seals. Mr. Robbins met with a serious loss in the sudden death of his wife May 16. She was in the prime of life and a lovable woman. E. A. Priedlander, manager of the talking machine department of the Bailey Co., stated that they were making daily sales of machines and records, including many Victrolas, and that the outlook for June was good. The May Co., under the management of H. L. Tinker, report business improving, both in sales of machines and records. "Our May sales," said Mr. Tinker, "were considerably larger than April, and June has started most satisfactorily. We made sales of several Victrolas in the past week, and the call for Amberois and Red Seal records is good and growing. There is also an excellent demand for cabinets." Mr. Goodman, of the Goodman Piano Co., says the talking machine business, which he is pushing with energy, is opening up very satisfactorily. "We have made sales of a number of Victrolas," he said, "and the different makes of Victor goods, and we are getting a good record trade. Our piano trade has also opened up fine and gives promise of growing to large proportions." The Eclipse Musical Co. are handling a good volume of business, but Mr. Towell, president, says trade is very dull and he does not anticipate much improvement until fall. John Reiling, proprietor of the West Side Columbia Phonograph Store, says business is very good. Demand, he said, was increasing and the record trade daily improving. M. A. Gibson, successor to Hartwell, of the Phonograph Store, 3032 Lorain avenue, stated that business was fair and prospects good. He has a very full line of Edison and Victor goods. The Gottdiner & Wicht Co., proprietors of the old-established West Side talking machine store, report considerable improvement in trade recently. "Within the past two weeks," said Mr. Gottdiner, "business has materially improved. We made sales of a number of machines, including two Victrolas, and there is a good steady demand for records." The affairs of the Gaumont Chronograph Co. appear to be in a chaotic condition. About a year ago A. B. Conlon was placed in charge of the business, the plant wa,s moved to a more suitable building, and it was announced the business would be energetically pushed. Now a sign in the window at the plant reads: "No admittance. Apply to C. H. Peckham, 717 Superior avenue." Mr. Peckham stated there was no information to give out. A. F. Peebles, president of the Akron Graphophone Co., was a visitor in the city May 3. He stated the company were meeting with success and building up a substantial, desirable business. He said they would soon take on one or two side lines which they were now considering.