The talking machine world (Jan-June 1919)

June IS, 1919 THE TALKING MACHINE WORLD 139 IMPORTANT COPYRIGHT DECISION Rights of Canadian Composers Under Certain Conditions Sustained by Judge Manton in Suit of Ricordi & Co., Inc., vs. Columbia Co. An important decision was handed down this week by Judge Manton of the U. S. Circuit Court, Southern District of New York, in the case of G. Ricordi & Co. vs. the Columbia Graphophone Co. In his decision Judge Manton sustained the contention of G. Ricordi & Co., who claimed in its suit that the defendant had infringed the copyright of a musical composition entitled "Dear Old Pal of Mine." G. Ricordi & Co., as assignee of the copyright for this musical composition, maintained that it had obtained rights which had been violated by the defendant, and Judge Manton in his decision granted an injunction "restraining" the defendant from manufacturing, using or selling sound records adapted to reproduce the composition "Dear Old Pal of Mine" until the defendant shall have served notice of its intention to use the composition in the manner prescribed by Section 25, Subdivision E, of the Copyright Act, and until it shall have paid the damages awarded by this decree; further it should provide for an accounting. An allowance of counsel fee of $1,000 will be awarded. The song "Dear Old Pal of Mine" was jointly composed by Lieut. Gitz-Rice, who enlisted in the first Canadian contingent of the British Army at the beginning of the war, and Harold Robe, an American citizen. Lieut. Gitz-Rice is a Canadian by birth, but arrived in New York in October, 1917, after returning from the war zone wounded and gassed. According to Judge Manton the question presented is "whether, assuming that under Section 1, Subdivision E, of the Copyright Act, a copyright cannot be obtained for a musical composition composed by Lieut. Gitz-Rice, is the case altered by reason of the fact that the words were written by Harold Robe, an American citizen?" On this point Judge Manton says: "It seems that since this musical composition is the result of joint authorship, Robe having composed part of it, it was the subject for which copyright could be granted, and should be pro tected under our act. It should be treated as if he and not his collaborator in authorship. Gitz-Rice, was the sole author thereof." Continuing, Judge Manton says, "In my opinion the copyright as granted may also be sustained for the reason that Gitz-Rice was domiciled in this country at the time of his application for his copyright and the publication of his composition." SOLDIERS APPRECIATE PHONOGRAPH Y. M. C. A. Secretary at Camp Sherman, C, Writes Letter of Appreciation to Otto Heineman for Gifts of Machines and Records Otto Heineman, president of the Otto Heineman Phonograph Supply Co., received recently an interesting letter from H. W. Robinson, of Y. M. C. A. Hut No. 208, Camp Sherman, O., e.xpressing the appreciation of the soldier boys at this camp for the Garford phonographs and OkeH records which Mr. Heineman had donated. This letter read as follows: "Dear Mr. Heineman: "The five Model C phonographs, si.xty OkeH records and two thousand needles came through all right and in fine condition. And yesterday the box containing one hundred and fifty records was delivered to me. "We want you to know how much we appreciate your most generous gift. One of your phonographs was placed in the 'Y' Hut No. 208 and is being kept going almost continuously from morning till bed time. The soldier boys will play the phonograph in preference to our expensive machine; another was placed in Barracks 501, and the other three were turned over to the Red Cross to be used as they see fit in the wards. "Mr. Eddy, head Red Cross man, said that the officers of the hospital would like one of the phonographs to use in a camp-lodge outside of Camp Sherman. I consented to this. "All speak in the highest terms of the phonograph and records. And I want to assure you that we do appreciate your gift. You are giving a lot of pleasure to our soldier boys. "Thanking you for your kindness, I remain, yours sincerely (Signed) H. W. Robinson." NEW RECORD ENVELOPE SERVICE -Detroit Concern Plans to Issue Each Month Record Envelopes Bearing the Record Lists of That Particular Month for Dealers' Use Detroit, Mich., June 6.-^The Lu-Franc Sales Service Co., of this city, have just made an aimouncement of particular interest to Victor dealers and jobbers. This company proposes to deliver on the first day of every month record delivery envelopes, or what are commonly called wrapping envelopes, printed with very attractive designs appropriate to the month, and containing in addition to the dealer's individual names and addresses a list of the records issued by the Victor Co. for that particular month, and a further list of specially selected records in keeping with the general spirit of the month. For example, the July envelopes are printed with a list of records that are selected because of their sales value, and also a list of patriotic records. Appropriate special lists will also be issued for other months. The company states that it will no longer be necessary for the dealer to take in a year's supply of envelopes in order to secure them printed with his individual advertisement at a reasonable price, for the Lu-Franc Sales Service Co. have perfected an arrangement in their envelope mill that will permit of their furnishing these envelopes in small lots each month as the dealer requires them at attractive prices. The ACME of Perfection in tone reproduction is attained in the ACME soundbox, because of its scientifically correct diaphragm construction which produces the real scientific sound v^aves. 4i: do] This illustration shows the ■hort toDc waves of the ordinary soundbox as used on most phonographs. The "ACME" plays all records better Nature's tone wave as produced by the ACME reproducer and approximately six times longer than tone waves of the ordinary soundboxes. The result is an unmuffled NATURAL TONE of immense volume and an entire absence of that tin can, metallic tone of mica diaphragms. Made in Nickel and Gold to fit Victor, Columbia and Sonora. SPECIAL ATTACHMENTS to pUy Victor and Columbia Records on EDISON Machines Try an ACME reproducer for yourself. If not delighted you may return it. The price is right. Special inducements to live dealers and jobbers. ACME PHONOGRAPH CORPORATION New York City 46 Murray Street Tel. Barclay J^^J SEND FOR ILLUSTRATED PRICE LIST AND FREE SAMPLE "GLOBE" TRANSFER NAME PLATES DEALERS EVERYWHERE APPLY THEM ON PHONOGRAPHS. PIANOS, ETC. GLOBE DECALCOMANIE CO. JERSEY CITY. N. J.