Arguments before the Committee on Patents of the House of Representatives Part 46

DEAR SIR: I beg to make reply to an accusation against the Music Publishers' a.s.sociation of the United States yesterday by the manufacturers of mechanical perforated music rolls, cylinders, and disks, in which they claimed our a.s.sociation had corralled into its ranks, by promise and contracts, the Victor Talking Machine Company, of Camden, N.J. They further claimed that the Librarian of Congress had made no attempt to seek them out and give them representation at the various conferences he had called for the purpose of securing suggestions from organizations of authors, composers, and others interested in receiving copyright protection for their productions.

I beg to state that the copyright department during the interim between the first and second conferences conferred with me and asked if the talking machine and music roll manufacturers had an organization. I replied that I did not know but would inquire about it. About that time I met Mr. R. L. Thomae, a representative of the Victor Talking Machine Company, who had just drafted a bill with the view of presenting it to Congress, for protection on musical compositions for which his company had secured the right, having expended about $35,000 for well-known artists who had sung in the records for them. They wanted protection from the pirates in their own business from copying such valuable subjects. As a result of our talk Mr. Thomae decided to drop the bill and secure protection in the new copyright draft which was then being formulated.

Mr. Thomae and myself made a trip to Was.h.i.+ngton, called on the copyright department, and it was agreed, in view of the fact that the talking machine people had no organization, that the delegates from the Music Publishers' a.s.sociation should be increased from two to three, provided the third member was some representative of the talking-machine interests. After conferring with the president of the a.s.sociation it was decided to do this, and Mr. Thomae was selected as such representative. We believe that the talking machine people should have as good protection as ourselves on their original or characteristic works embodying the personalities and instrumentation of their artists, bands, orchestras, etc., employed by them.

We hereby declare that the Victor Talking Machine Company has no contracts of any kind whatsoever with any member of the Music Publishers' a.s.sociation of the United States in regard to any future purchase for use of compositions belonging to us. This statement will explain in detail how the Victor Talking Machine Company came to be a.s.sociated with the Music Publishers'

a.s.sociation in the copyright conferences held to aid in drafting the bill here under consideration. All statements to the contrary are not substantiated by the facts.

On behalf of the Music Publishers' a.s.sociation of the United States, whose list of members is attached, I beg to remain,

Sincerely, yours,

GEORGE W. FURNISS, _Chairman Copyright Committee_.

_Members Music Publishers' a.s.sociation, June, 1905 to 1906._

Allbright Music Company, Chicago, Ill.

Anthony Brothers, Fall River, Ma.s.s.

Ascher, Emil, 24 East Twenty-first street, New York.

Biglow & Main Company, 135 Fifth avenue, New York.

Bloom, Sol, Forty-second street and Broadway, New York.

Boosey & Co., 9 East Seventeenth street, New York.

Bouvier, A. J., Fall River, Ma.s.s.

Chandler-Held Company, 439 Fulton street, Brooklyn, N.Y.

Ditson, Chas. H., & Co., 867 Broadway, New York.

Ditson, J. E., & Co., Philadelphia, Pa.

Ditson, Oliver, Company, Boston, Ma.s.s.

Ellis, Jno. F., & Co., Was.h.i.+ngton, D.C.

Feist, Leo, 134 West Thirty-seventh street, New York.

Fischer, Carl, 6 Fourth avenue, New York.

Fischer, J., & Bro., 7 Bible House, New York.

Frain Publis.h.i.+ng Company, 20 West Fifteenth street, New York.

Francis, Day, & Hunter, New York.

Goggan, Thos., & Bro., Galveston, Tex.

Gordon, H. S., 1241 Broadway, New York.

Groene, J. C., & Co., Cincinnati, Ohio.

Hald, J. R., Company, 337 Wabash avenue, Chicago, III.

Harms, T. B., Company, 126 West Forty-fourth street, New York.

Harris, Chas. K., 31 West Thirty-first street, New York.

Haviland, F. B., Publis.h.i.+ng Company, 125 West Thirty-seventh street, New York.

Jacobs, Walter, 165 Tremont street, Boston, Ma.s.s.

Lyon & Healy, 199 Wabash avenue, Chicago, Ill.

Mills, F. A., 48 West Twenty-ninth street, New York.

Molineux, Geo., 150 Fifth avenue, New York.

Novello, Ewer, & Co., 21 East Seventeenth street, New York.

Parks, J. A., Company, York, Nebr.

Paull, E. T., Music Company, 46 West Twenty-eighth street, New York.

Remick, J. H., & Co., 45 West Twenty-eighth street, New York.

Rohlfing Sons' Music Company, Milwaukee, Wis.

Schmidt, Arthur P., 146 Boylston street, Boston, Ma.s.s.

Schuberth, E., Company, 11 East Twenty-second street, New York.

Sherman, Clay, & Co., San Francisco, Cal.

Stern, J. W., & Co., 34 East Twenty-first street, New York.

Summy, Clayton F., Company, Chicago, Ill.

Swisher, M. D., 115 South Tenth street, Philadelphia, Pa.

Thiebes-Stierlin Music Company, St. Louis, Mo.

Thompson, C. W., & Co., 13 West street, Boston, Ma.s.s.

Thompson Music Company, 169 Wabash avenue, Chicago, Ill.

Vandersloot Music Company, Williamsport, Pa.

Victor-Keemer Company, Chicago, Ill.

White-Smith Music Publis.h.i.+ng Company, Boston, Ma.s.s.

White-Smith Music Publis.h.i.+ng Company, Chicago, Ill.

White-Smith Music Publis.h.i.+ng Company, 13 East Seventeenth street, New York.

Whitmark, M., & Sons, 144 West Thirty-seventh street, New York.

Witzmann, E., & Co., Memphis, Tenn.

Wood Music Company, The B. F., Boston, Ma.s.s.

York Music Company (A. von Tilzer, manager), New York.

STATEMENT OF PAUL H. CROMELIN, ESQ.

Mr. CROMELIN. Before proceeding, I would like to make this point clear: That Mr. O'Connell yesterday, in appearing before your committee, was representing the perforated-roll interests. I represent the talking-machine interests, which means more in dollar capitalization than the perforated-roll interests. I trust, while I shall endeavor to finish my remarks in fifteen or twenty minutes, that if General Walker is willing, you will extend my time to half an hour.

The CHAIRMAN. We are compelled to limit you absolutely to fifteen minutes.

Mr. CROMELIN. Very well, sir.

Mr. Chairman and gentlemen of the committee, on behalf of the Columbia Phonograph Company and the Columbia Phonograph Company, General, sole sales agents for the American Graphophone Company, I protest against those portions of the proposed copyright law by which it is proposed to extend the copyright protection to reproductions to the ear, so as to include under the term "writings," as this term is used in the Const.i.tution of the United States in the protection of authors and composers in their writings, mechanical or other reproductions to the ear; and, in particular, in so far as this bill may be construed to cover talking machine sound records in any form soever.

In view of the fact that you are going to limit me to fifteen minutes, I think it best that I should state specifically my reasons for opposing this bill, and I have put them down in writing. I have fifteen specific reasons, and I would request that during the time I am stating these reasons I shall not be interrupted. I invite the committee at the conclusion of my statement of these specific reasons to ask any questions they wish, and I request permission to appear before the committees at some future time, during the recess of Congress, to explain in detail all the statements that are made.

Without attempting to elucidate, gentlemen:

First. We protest that such legislation, in so far as it relates to talking machine sound records of any kind, is unconst.i.tutional.

Second. That such legislation is against public policy and directly contrary to the spirit and progress of the times.

Third. That the demand for such legislation does not emanate from the great ma.s.s of the musical authors (composers), nor is it demanded by them, but has been conceived by certain selfish individuals who have conspired together to form and create a giant monopoly, the like of which the world has never known.

Fourth. That such legislation, instead of being in the interest of the composers, is directly opposed to their real interest, which is to have the greatest possible distribution of such records as the best means for creating a demand for their sheet music. Abundant evidence can be furnished to sustain this fact, if desired.

Mr. CURRIER. It is desired.

Mr. CROMELIN. Fifth. That it is cla.s.s legislation in the interests of the few as opposed to the enjoyment and happiness of the ma.s.ses, whose rights seem regularly to have been lost sight of during its preparation, and that it is particularly vicious when the rights of the poor are considered.

Sixth. That in so far as the question of copyright must of necessity be viewed from an international standpoint, it is inadmissible, intolerable, and distinctly un-American to grant to foreign composers the right to extract toll from every American citizen where such right is denied such foreigner at home in his own land and is denied to American composers abroad.

I hope during the recess to explain my connection with this matter. I was the representative of my company in Berlin, Germany, for four years, and had occasion to appear in this very matter; and I want to warn you gentlemen against what happened there. I trust that freedom will be given to all mechanical musical instruments and that no aeolian monopoly will be able to tack on a provision which will give them perforated-roll rights and exclusive rights. I propose to show that this monopoly is not of a national character, but the attempt to create it is an international conspiracy.