The talking machine world (Jan-Dec 1914)

THE TALKING MACHINE WORLD. 69 2 GRESHAM BUILDING, BASI NGH ALL STREET E. C, LONDON, W. LIONEL STURDY, MANAGER. Comparatively Good Trade Showing Maintained During Dull Months — Plenty of Time for Vacations and Plans for New Conquests — Chappell & Co. Copyright Action Creates Comment — Ramifications of New Copyright Law Being Disclosed — Utility Trading Co. Representing Favorite Record Co. — Recently Formed Understanding Among German Talking Machine Manufacturers Not Working Along Satisfactory Lines — Hoffay's New Gramophone — Cupid Buys at Columbia Headquarters — Conditions with Lindstrom. (Special to The Talking Machine Wor.j.) London, E. 'C, England, July 5. — Considering that business generally is not overbright, the leading gramophone companies are to be congratulated upon the comparatively goo.d trade showing maintained during the past month. It is, of course, an ever-green subject of discussion why the average dealer will persist in regarding summer trade prospects with indifference when proof in many directions is available to show that with persistent effort fairly good business is po.ssible, and were it not for this apathy, at least the belief exists in manufacturing quarters, there would be eliminated the chief cause for much of the unilluminating explanations anent so-called seasons. Be that as it may, at the moment we can but deplore this, absence of intelligent interest and neglect of the hundred and one channels of prospective sales which the summer months furnish the enterprising minority of retailers who laugh at rising temperatures and pursue their work unswervingly. To pass on, I find during a round of the trade the majority of firms are by no means busy. It is not, therefore, surprising that gramophone men should be studying timetables and making preparations for a vacation. Several are already on holiday, enjoying themselves at the seaside, on the breezy mo.ors or where fancy leads. The copyright action between 'Chappell & Co., Ltd., and the Columbia Graphophone Co. continues to excite great interest in gramophone circles, chiefly on account of the defendant's intention to. appeal against the lower court's decision. In this Justice Neville ruled that to orchestrate a copyright song in place of its original pianoforte accompaniment for purpo.ses of recording was an infringement of the copyright in that it was not a "reasonable adaptation" within the meaning of the act. The result of the appeal will therefore be awaited with keen interest, since the point at issue is of vital importance to all makers of records. For purposes of accompaniment the chosen instrument or instruments must be those calculated as most suitable in the production of good records. In recording with the pianoforte many difficulties arise, more so than with other instruments, and as sales to. a large extent depend upon the production of successful records, it is perhaps only natural that the pianoforte is not so widely used as one might wish for recording song accompaniments. Having regard to the action mentioned above, it is rather significant, ho.wever, that an increasing number of records bear accompaniments with a piano in place of the usual orchestral setting. The latter is still regarded by manufacturers as the more desirable for record-making purposes, although one cannot really criticise the copyright owner's right to indicate in what manner his work shall be offered in record form to the public. It may be mentioned, however, that many copyright owners leave record makers free to choose the kind of accompaniment most successful for recording. An instance of the new order of things is found in the latest Zonophone list, which contains no less than six vocal records with pianoforte accompaniment, as against two with orchestra. Power of New Copyright Act. The full scope and power of the copyright act is gradually being disclosed by new claims almost every month. The latest is brought to light by Performing Rights, Ltd., recently established in the interests of British composers. It has started right in for the collection of fees from musicians performing at theaters, hotels, restaurants, kinema shows, seaside pavilions, etc. Controlling a number of big hotels, the Midland Railway Co. has made a contract for a yearly payment in respect of performances by hotel orchestras of the works of members of the society. The amount is said to reach three figures. To a newspaper reporter Mr. Towle, the manager of the Midland Co.'s hotels, said on the subject: "We think ourselves not too well treated, as our performances seem to us hardly performances of music for gain; but, of course, there is a legal point involved, which it would be long and costly to fight, so it seemed simpler to agree to the demand." For the other side, P. Sarpy, secretary of Performing Rights, Ltd., said : "We are only getting for British musicians and publishers what foreign musicians have had for years past. England has been the only country where music makers were not organized for the purpose. Not all composers have joined us yet; but it is, I think, only a matter of time; already Paul Rubens, Lionel Monckton, Hermann Lohr, Howard Talbot, Hermann Finck and Archibald Joyce are members. "I don't think there is any likelihood of the work of these popular composers being dropped because a fee is chargeable on performances. "The fees will be strictly graduated in proportion to the size and importance of the establishment. We are exercising a legal right which has been in abeyance." Favorite Record Co. Appoints Agent. Some few months ago the Favorite Record Co. announced its intention to retire from this market and place its interests in the hands of an approved agent. The plan is now fait accompli, the new agent being the Utility Trading Co., of 21 Paper street, London, E. C. As representing the talking machine press of two continents, your correspondent was given some exclusive particulars of this departure at an interview with Mr. Gilbery, one of the directors of the Utility Co., who., by the way, has been actively interested in the gramophone business for some time past. Indeed Mr. Gilbery is an enthusiast, and, in common with his partner, Mr. Hessel, possesses unqualified confidence in the Favorite records and instruments, the market for which, it may be mentioned, is an expanding one in all directions. Said Mr. Gilbery: "Yes, we have been appointed sole sales agents of the Favorite goods for the United Kingdom. At the same time we shall not lose sight of the colonial market, which is quite open to us as selling agents. The present prices, i.e. 10-inch Is. 6d. ; 12inch, 2s. 6d., remain unaltered. Of special interest, however, is the fact that all our new records will be recorded in England, and in future pressed at the Beka factory in Hertford, so that the Favorite record will be entirely of British manufacture." Upon the policy of the company Mr. Gilbery said it would encourage a good class of trade and had in course of preparation for issue in August a fine de luxe list of titles by leading Continental vocalists and popular instrumentalists ; this being quite apart from the ordinary issues, which would total not less than twenty-four new titles each month regularly. "We are out to fulfil all orders promptly," continued my informant, "and with that end in view have equipped our premises to hold enormous stocks of records, in addition to machines. Furthermore, we will follow this up by aiding dealers all we possibly can by the provision of good publicity literature, as a sample of which I may mention our new catalog, printed in three-color illustrations throughout." Another matter of important trade interest mentioned by Mr. Gilbery was his company's plans to cater for the cheap record business by the issuance of a 10-inch double disc at the competitive price ot one shilling retail. This is expected to be ready within a few weeks, and further details' as to name, etc., will then be announced. Finally, I would take this opportunity of conveying to the Utility Trading Co. The World's hearty good wishes for the complete success of its new undertaking. Chappell & Co., Ltd., vs. the Columbia Co. In the Chancery Division on June 19 Justice Neville had again before him the test action brought by Chappell & Co., Ltd., song and music publishers, of Bond street, to restrain the Columbia Graphophone Co. from infringing their copyright in a song called "Where My Caravan Has Rested." On May 19 His Lordship held that there had been infringement by the defendants, and granted plaintiffs an injunction. The matter now came up on a motion by the plaintiffs to vary the minutes of the judgment. Mr. Jenkins, K.C. (for plaintiffs), said that in addition to the paper MSS. and band parts, the defendants had in their possession or control certain records made from these copies of plaintiffs' song. These, he submitted, were equally an infringement, and were restrained by the injunction, and the delivery up followed as a matter of course. They presumed on their pleadings that they would get everything that could be called a copy, and therefore did not specifically ask for the delivery up of the records. That was what they wanted now. The defendants had served notice of appeal, and it was common ground that it was likely to go to the House of Lords. Therefore they should like to have the point decided, as they desired to know where they were. His Lordship — Ho.w can I decide it when it was never put to me? Mr. Jenkins admitted that the actual relief to be given was never on record. His Lordship — I cannot rehear it. Mr. Jenkins — You can have it put in the paper for reargument. The point was not present to our minds. His Lordship — If a thing has escaped the attention of the Court, you cannot have it put in by asking to vary the minutes. It must be set down for rehearing, unless you are agreed. Gore Brown, K.C. (for defendants), said he wanted to consider the point. The plaintiffs never asked for an injunction restraining defendants from continuing the use of their records, but o.nly copies of the MSS. His Lordship — No, it was not considered. Gore Brown — No case was made out for it. . His Lordship said he thought the po.int should be decided, and he would have the case put down for the point to be tried on a motion to amend the pleadings. The matter was again argued on Tuesday, June 23, and in the result His Lordship said he thought that the records ought to be delivered up to. be destroyed under the circumstances of this case. It seemed to him that the records were the product of a wrongful act, and that as such they could not be retained by the defendants. That he thought it was just as equitable to-day as before the act of 1911, but having regard to the fact that this was a test case he was of opinion that it would be better if the records were delivered into the hands of the plaintiffs' solicitors, to be held by them pending the result of the appeal. Trouble Among German Combination. The recently formed convention of German gramophone manufacturers, particulars of which have been published in our columns, is reported to be meeting with considerable opposition from firms outside the compact and from certain wholesalers and dealers. There is a possibility of a rival organization coming into existence for the purpose of combatting the growing influence of the conven(Contimted on page 70.)