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Before we separate I wish now to say that if words have been spoken that have indicated impatience, I offer apologies for them. And while we know that there have been untruthful charges made, yet, so far as the committees of Congress are concerned, I wish to say to the authors, the composers, the publishers, and all concerned, that the only thought the committees have had in their minds has been to prepare and to have passed a copyright law that would benefit the American people. [Applause in the hall.]
I know that the author has rights and that the composer has rights. The business interests have their rights, and the publishers have theirs. It does seem to me that when this matter comes to a final adjustment we can, out of all this information that has been given to us, evolve some bill that will be at least a compromise that should be satisfactory to all. I sincerely hope, gentlemen, that that will be the result of these hearings, and that if you do not get all that you want you will understand that we will come just as near to your views as it is possible for us to do. [Applause.] The committee thereupon adjourned.
APRIL 4, 1908. The COMMITTEE OF THE SENATE ON PATENTS.
(Senator R. Smoot, of l'tah, Chairman). Gentlemen: In behalf of the Music Engravers' Union of America, I wish to thank you for the generous consideration you have given us at the hearing of Thursday evening, March 26, 1908, and also wish to have you file this brief in record of that evening where room has been reserved for same.
With all due respect for your committee, I also send you a list of amendments which we wish to have made in copyright law.
Amendments for Smoot bill 8. 2499. We recommend that in section 13, page 7, lines 13 and 14, you strike out the word “or” before periodical and insert the words " or musical composition after periodical.
Section 16, page 8, line 20, strike out “or” before periodical and insert musical composition " after periodical.
Section 16, page 8, line 21, strike out “and " before letter b and insert “and e” after letter b.
Section 16, page 9, line 2, insert or music-piate engraving process after lithographic process.
Section 16, page 9, line 4; insert “or musical composition " after the word book.
Section 17, page 9, line 13, insert " or musical composition" after book.
Section 17, page 9, line 23, insert “or musical plate engraving process" after lithographic process.
Section 17, page 10, line 2, insert " or musical composition " after book.
First. Music publishers of this country are having a great deal of their work done in Europe, and in so doing they have reduced working time of American engravers about 25 per cent.
Second. We believe and are pretty sure that we can compete with any country in the world in regard to workmanship but not in regard to prices. We also believe that we can handle all the engraving the publishers of this country can give us, without any disadvantage to the publishers in regard to not getting their work out in time.
Third. As citizens of the United States we think we are entitled to the same protection as other trades, such as typographers, printers, binders, etc., receive in this bill.
We have good reasons to believe that only about 2 per cent of the engraving done in foreign countries and shipped to America is taxed by the custom officials. Of the remainder, some is shipped through labeled either samples or no value, but the largest part comes in in the shape of transfers through the mails, etc., of which no record can be kept.
Owing to the fact that no protection is accorded to the music engraving industry of this country, I might say that instead of increasing, as other industries have, it is at a standstill, or, rather, decreasing. Many of our men have gone out of this business in disgust, simply because of the lack of work, while the publishers, on the other hand, are having more and more foreign work done every day, simply because it is cheaper.
We therefore beg you gentlemen to give this matter your sincerest attention and grant the same protection to the music engravers as other mechanics receive. Thanking you again for the interest you have shown toward us, we remain, Respectfully, yours,
HENRY J. FBOHNHOEFER, Secretary.
J. A. BLANK, MUSIC ENGRAVER.
BLANKVILLE, U. S. A., January 17, 1908. The B. F. Wood Music Co., Boston, Mass. To engraving : 65 Schumann-Novelletten B. F. W. 2826–2832, incl., at 95 cents
$61. 75 Received payment January 23, 1908.
J. A. BLANK.
Memorandum: The above is only for the engraving. We buy the plates separately and bill is also attached showing cost of blank plates, 48 cents, making a total cost of plate and engraving, $1.43.
Reed & Barton, Silversmiths, sold to B. F. Wood Music Company, Boston, Mass.
TAUNTON, July 25, 1907.
Terms, net cash.
We are a waiting shipping instructions on above.
LEIPZIG, December 24, 1907.
B. F. Wood Music Company, Boston, Dr. to C. G. Röder, G. m. 0. H., Leipzig.
No. 2810 Beethoven op. 53.
(Memo. regarding the above.]
The entire cost of plates and engraving for 33 plates is M. 253.85, $60.40; add 25 per cent for customs duties, $15.10; add 8 per cent for freight and packing, $4.83; total, $80.33, making cost for each plate $2.43. Cost of 33 plates, not including customs duties, $65.23, making cost of each plate $1.97.
[The B. F. Wood Music Company. ]
Boston, Mass., April 1, 1908. To the SENATE AND HOUSE COMMITTEES ON PATENTS,
Washington, D. C. GENTLEMEN : In my remarks at the hearing Thursday evening, March 26, when replying to the gentleman representing the Music Engravers' Union, who contended that the publishers were engraving many of their works in Germany on account of less cost, thus taking the work away from the American engravers, I contradicted his assertions and was requested by you to send further proofs.
I am sending with this copies of invoices, and in one case the original, showing you the exact present cost to us for engraving music plates, both in the United States and Germany. I do not attach the original bill of the American engraver, as it might cause him trouble to have his name appear in the printed records, but I have inclosed the original and ask that it be returned to me after you are satisfied of its correctness.
I am sending at the same time copies of the works printed from these plates, both of which were printed here in Boston.
I have attached memoranda to the invoices which may be of assistance to you. You will notice that the German engraved plates, with duties added, cost $2.43 each; the American engraved plates cost $1.43 each. I think the metal of the American plates is better than the German, but the work of the German engravers is better. There is one other difference, however, in the prices of German and American engraving, in that the Germans charge according to the amount of work done on each plate, while the Americans usually make a flat rate without regard to the amount of work. The highest price we have ever paid in America for an engraved music plate was $2, which would still be 43 cents less than the German prices. The works referred to are both of a classical nature and entailed about the same amount of engraving. I have tried to make a just comparison.
Regarding the number of music engra vers in the United States, I have made a number of inquiries and the largest estimate has been 300. This makes my estimate of less than 500 agree with my best sources of information. I have asked six different publishers regarding the amount of work on hand, and in every case they have said they had great difficulty in getting enough engravers, especially good workmen, to do their work.
I trust the above will substantiate my statements, but shall be pleased to give you any other information on this point which you may desire. Yours, very truly,
B, F. WOOD.
(The B. F. Wood Music Company. ]
Boston, Mass., April 4, 1908. Hon. REED SMoot,
Chairman of the Senate Committee on Patents, Washington, D. C. DEAR MR. SMOOT: I send you with this a confirmation of my suggestion for an amendment as embodied in my letter to you of yesterday. This you will notice is signed by nearly every music publisher of importance in Boston, with the exception of Arthur P. Schmidt, who is on his way to Europe. I think these firms represent many, possibly a majority, of the better class of composers of the country, and I know they are acting for what they consider the very best interests of their composers in asking you to consider this amendment. Trusting this amendment will have your careful consideration, I remain Yours, very truly,
B. F. Wood.
Boston, Mass., April 4, 1908. The COMMITTEE ON PATENTS, UNITED STATES CONGRESS,
Washington, D. C. GENTLEMEN : We, the undersigned music publishers of Boston, respectfully recommend that the following amendment be added to section 1 (e) of the Kittredge bill, or to any similar section in the bill to be reported by your committee:
“ Provided, houcrer, That whenever any author or composer, or his repre sentatives or assigns, shall grant to any manufacturer of automatic musical devices the right to reproduce on or by their automatic music devices any of his works or musical compositions, said author or composer, or his representatives or assigns, must also grant to any and every manufacturer of automatic musical devices the same rights, under exactly similar conditions, if they shall demand it."
The objections to compulsory license at prices fixed by Congress are so numerous and the belief by many that this compulsory license would be unconstituitional makes it very desirable to a void, if possible, this feature in the bill, and we think the above amendment will accomplish this result.
This amendment gives the author or composer the entire right to control his works, with freedom to make any contract he may be able to make with a manufacturer of automatic musical devices, and gives every manufacturer of these various devices an equal right to use any musical composition on equal terms with his competitors.
The law of supply and demand will regulate the prices for these rights and will not entail the injustice which is sure to arise from a compulsory license fee.
The prevailing royalty paid composers of music by the publisher is 10 per cent of the catalogue price, although in many cases composers are very willing to accept less. The value of the name and reputation of the composer frequently determines the price for his works.
The wording of this amendment is only in the form of a suggestion, but we think if this idea can be embodied in legal form in the proposed bill that it will prevent the formation of any trust and give equal rights to all,
OLIVER DITSON COMPANY.
WHITE-SMITH MUSIC PUBLISHING Co.,
CHARLES W. HOMEYER & Co.
THE B. F. Wood Music Co.,
THE PRINT PUBLISHERS' ASSOCIATION OF AMERICA,
Detroit, Mich., April 1, 1908. To the JOINT COMMITTEE ON PATENTS.
GENTLEMEN : In accordance with the suggestion of the chairmen of the committees, Senator Smoot and Mr. Currier, we submit memoranda regarding the copyright bills upon the following points:
1. The effect of manufacturing restrictions upon the pictorial arts.
2. The practical copyright protection given American artists and pictorial publishers abroad.
3. Notice required on original works of art, with extracts from recent decision of the United States Supreme Court in the Werckmeister case.
Each subject is treated separately, and we have added at the top of each section a digest of the points involved for your convenience.
We thank the committees for their very careful attention and the various courtesies received. We need relief most urgently, and these bills, if adopted upon the lines now indicated, will give that relief as far as our field is concerned, and we are most glad to support them. Very respectfully,
PRINT PUBLISHERS' ASSOCIATION,
1.-Manufacturing clauses referring to pictorial graphic arts only. (Secs. 16 of Smoot and Currier bills. Secs. 15 of Kittredge and Barchfeld bills.) We ask no amendments to the Smoot and Currier bills, but protest against any further extension, such as the photo-engraving clause in the Kittredge and Barchfeld bills, and also against dropping out the exception made in favor of pictorial lithographs produced from subjects located in a foreign country.
1. There is a fundamental difference between the expression of a literary author's thoughts and an art author's thoughts, which imposes special conditions for making copies of the work of an art author which are often incompatible with manufacturing restrictions.
2. A number of our members speak as American manufacturers, and certainly would not advocate the destruction of our interests. See letter of American Colortype Company attached.
3. Under existing law we have prohibition of copyright upon photographs made abroad. Experience shows that instead of protecting it actually hurts the American photographer.