The talking machine world (Jan-Dec 1911)

THE TALKING MACHINE WORLD. 25 and very little slackening down has been experienced, probably owing to the number of novelties they control, amongst which figure such "hot cakes" as the sound controller, the non-skid pad, and the glass insulators for all machines. P"or the season 1911-12 a splendid assortment of Excelsior and Symphonium disc machines will be available, beside, of course, every other make of disc machine of repute on this market, including Zonophones, Columbias, Pathephones, etc. We find that they are to the fore in every branch of the industry, handling, as they do, a multitude of accessories, such as stands, racks, cabinets, etc., also repair parts galore. No matter liow large the order, this enterprising house can cope with it easily and despatch same day as received. The importance of this prompt serv ice is readily realized by the wida-awake trader. We are pleased to learn that the indestructable cylinder products which they control for the British trade have been selling steadily, and during the coming winter big things are anticipated. We also learn that the demand for small musical goods of every description, of which they carry big stocks, is very satisfactory, time of year considered. As side lines melodeons and mouth harmonicas find a ready market here amongst talking machine dealers, and Messrs. Murdochs invite enquiries from traders abroad with a view to further extensions of this important branch of their business. Dealers interested should address J. G. Murdoch & Co., Ltd., Farringdon road, London, E. C, who will cheerfully furnish catalogs and price lists. DEVELOPMENT OF COPYRIGHT LEGISLATION. Bill Now Subject to the Report Stage or Final Reading — Important Amendments AcceptedMatter of License, Royalty and Record Copyright Still Open — Latest News of Situation. (Special to The Talking Machine World.) London, Eng., Aug. 6, 1911. Standing Committee A appointed by Parliament to examine the provisions of the Copyright Bill lias now concluded its deliberations, and the measure was read a second time. It is now but subject to the report stage, or third reading (now proceeding), in Parliament prior to being placed on the statute book. No very serious opposition to the iiiain provision is anticipated, but that part of the bill relating to mechanical instruments is not expected to pass without some amendment, even though it may be comparatively unimportant as far as the fixed basis of this section is concerned. In . contrast to the 1910 bill, as originally framed, it must be admitted that the acceptance in committee of Sidney Buxton's amendments thereto, has produced a general feeling of relief, although the present measure is not entirely to the satisfaction of British record manufacturers. In effect the 1910 bill left open the question of license, royalty terms and record copyright, and it was also retroactive. For the past few montiis leading members of this trade have been actively engaged in figliting these unjust proposals, and that they have succeeded in their efforts, if only partially, to bring Mr. Buxton to realize the damage which his original measure would have inflicted upon an established industry is revealed in the following provisions (which include Mr. Buxton's amendments) as to mechanical instruments (clau';^ 19, par. 1) : ii^' Copyright shall subsist in records, perforated rolls, and other contrivances by means of which sounds may be mechanically reproduced, in like manner as if such contrivances were musical works, but the term of copyright shall be fifty years from the makine of the original plate from which the contrivance was directly or indirectly derived, and the person who was the owner ot such original plate at the time when such plate was made shall be deemed to be the author of the work, and where such owner is a body corporate the body corporate shall be deemed for the purposes of this ,'\ct to reside within the parts of His Majestys dominions to which this Act extends if it has established a place of business within such parts. (2) It shall not be deemed to be an infringement of copyright m any musical work for any person to make within the parts of His Majesty's dominions to which this Act extends records, perforated rolls, or other contrivances by means of which the work may be mechanically performed, if such person proves — (ii) that such contriv ' ances have previously been made by or with the consent or aquiescence of, the owner of the copyright in the work; and (fc) that he has given the prescribed notice of his indention to make the contrivances, and has paid in the prescribed manner to or for the benefit of the owner of the copyright in the work royalties in respect of all such contrivances sold by him calculated at the rate hereinafter mentioned: Provided that — (i) nothing in this provision shall authorize any alterations in or omissions from the work reproduced, unless contrivances reproducing the work subject to similar alterations and omissions have been previously made by or with the consent or acquiescence of the owner of tlie copyright or unless such alterations or omissions are reasonably necessary for the adaptation of the work to the contrivances in question; and (ii) For the purpose of this provision a musical work shall he deemed to include any words so closely associated therewith as to form part of the same work, but shall not be deemed to include a contrivance by means of which sounds may be mechanically reproduced. (3) The rate at which such royalties as aforesaid are to be calculated shall — (n) In the case of a contrivance sold with two years after the commencement of this .\ct by the person makmg the same be two and one-half per cent.; and (h) In the case of contrivances sold as aforesaid after the expiration of that period five per cent, on the ordinary retail selling price of the contrivance, so however that the royalty payable in respect of a contrivance shall in no case be less than a hall-penny, and where the royalty calculated as aforesaid includes a fraction of a farthing such fraction shall be reckoned as a farthing. Provided that if at any time after the expiration of seven years from the commencement of this Act it appears to the Board of Trade that such rate as afores^d is no longer equitable, the Board of Trade may after holding a public inquiry make an order either decreasing or increasing that rate to such extent as under the circumstances may seem just, but any order so made shall be provisional only and shall not have any effect unless and until confirmed by Parliament; but where an order revising the rate has been so made and confirmed no further revision shall be m,ade before the expiration of fourteen years from the date of the last revision. (4) If any such contrivance is made reproducing two or more different copyright works and the owners of the copyright therein are different persons, the sums payable by way of royalties under this section shall be apportioned amongst the several owners of the copyright in such proportions as, failing agreement, may be determined by arbitration. (5) When any such contrivances by means of which a musical work may be mechanically performed have been made, then for the purposes of this section the owner of the copyright in the work shall, in relation to any person who makes the prescribed inquiries, be deemed to have given his consent to the making of such contrivances if he fails to reply to such inquiries within the prescribed time. (G) For the purposes of this section the Board of Trade may make regulations prescribing anything which, under this section is to be prescribed and prescribing the mode in which notices arc to be given and the particulars to be given in such notices, and the mode, time and frequency of the payment of royalties, and any such regulations may, if the Board think fit, include regulations requiring payment in advance or otherwise securing the payment of royalties. (7) In the case of musical works published before the commencement of this Act the foregoing provisions shall have effect, subject to the following modifications and additions: (a) The conditions as to the previous making by or with the consent or acquiescence of the owner of the copyright in the work, and the restrictions as to alterations in or omissions from the work, shall not apply, (b) The rate of two and one-half per cent, shall be substitued for the rate of five per cent, as the rate at which royalties are to be calculated (c) Notwithstanding any assignment made before the passing of this .'\ct of the copyright in a musical w'Ork, the royalties aforesaid shall be payable to and for the benefit of the author of the work or his legal personal representatives, (d) The saving contained in this Act of the rights and interests arising from or in connection with action taken before the commencement of this Act shall not be construed as authorizing any person who has made contrivances by means of which the work may be mechanically performed to sell any such contrivances, whether made before or after the passing of this Act, except on the terms and subject to the conditions laid dow'n in this section, (fc) Where the work is a work on which copyright is conferred by an Order in Council relating to a foreign country, the copyright so conferred shall not, except to such extent as may be provided by the Order, include any rights with respect to the making of records, perforated rolls, or other contrivances by means of which the work may be mechanically performed. (8) Notwithsanding anything in this Act where a record, perforated roll, or other contrivance by means of which sounds may be mechanically reproduced has been made before the commencement of this .•\ct copyright shall, as from the commencement of this Act, subsist therein in like manner and for the like term as if this Act had been in force at the date of the making of the original plate from which the contrivance was directly or indirectly derived. Provided that — (i) The person who, at the commencement of this Act, is the owner of such original plate shall be the first owner of such copyright: and (ii) Nothing in this provision shall be construed as conferring copyright in any ■ such contrivance if the' making thereof would have infringed copyright in some other such contrivance if this provision had been in force at the time of the making of the first-mentioned contrivance. (9) In the case of contrivances reproducing more than one separate musical work in which copyright subsists, the {Continued on page 28.) MR. RECORDER, uH^Zy WAX "F»," the best existing recording material for Berliner (Gramophone-) cut? If not write for free sample to FABRIK ' E. ISAUERLAIVDX bei Apolda i. Th,. Germany The largest manufacturing plant in the world devoted exclusively to the manufacture of MasterWaxes for Gramophone and Phonograph Don't Buy Needles That Damage Records Grain of Bad Needles Cleopatra Needles When a needle is running a record, the friction causes the polished surface of the needle to be taken off, while its interior (grain) is exposed and touches the sound waves. Consequence : The poorer the polishing and rougher the grain, the more the sound waves are injured! Only Cleopatra Needles zre warranted to have always the highest and most perfect polish, smoothest grain. Using them means : Finest Reproduction, No Ruin of Record. Sole Manufacturer JOS. 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