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written for the piano. It is all rearranged. Now, every piano hashow many notes--88?

Mr. Sousa. That will do.

Mr. Pound. Well, these paper rolls go down as low as 24. It has to be rearranged. I am not very competent to speak on this subject. Of course I understand that the Æolian Company have a theory and claim that their arrangements—their cutting-is a new creation of that melody, and that they are entitled to copyright on that as against all other measures. In other words, that these pieces here--this waltz, for instance-that if they cut it, and rush to the copyright office with it, and file it before we can get there, that that bars us from ever filing ours.

Mr. TINDALE. Can you not make your own arrangement” and copyright that also ?

Mr. Pound. They claim not, and I incline to their belief.

Mr. TINDALE. Mr. Chairman, I represent a highly responsible house in New York City and if this gentleman's company wishes to make Beethoven's music no matter how the Æolian Company has cut it or not—but if he takes a Beethoven piece, an original composition, and cuts it for his machine, I undertake to say that my house will shield him from indemnity.

Mr. Pound. That is all very nice; but what is going to become of our factory if we should be impounded and closed up for five or six months?

Mr. TINDALE. We will undertake to fight that suit for you if you will use Beethoven's music, except that you must not use the Æolian arrangement.

Mr. Pound. We do not want to do that; but we do not want to be prevented from making our own arrangements. We are capable of making our own arrangements. We have done so in the past. I think that is all.


Mr. CROMELIN. Mr. Chairman and gentlemen of the committee, when I appeared before you in June I was allowed fifteen minutes, and in that time I had only the opportunity to present briefly under various headings representing our reasons for opposing paragraph (g) of the bill. The third heading was as follows: that the demand for such legislation does not emanate from the great mass of musical authors and 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, and the fourth

I am reading from page 156 of the printed recordthat such legislation instead of being in the interest of composers is directly opposed to their real interests, 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 of this can be furnished to sustain this fact if desired.

Mr. Currier at that time stated that it was desired, and with your permission I will endeavor to put you in possession of the facts. On

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page 59 of the report of the hearings last June are two communications which I desire to read, or rather a portion of them. They are as follows:

Jos. W. STERN & Co., Music PUBLISHERS,

New York, June 5, 1906. Dr. D. P. LEWANDOWSKI,

Care of Raleigh Hotel, Washington, D. C. My Dear Doctor: We herewith authorize you to represent us and speak in favor of the copyright bill at the meeting of the committee. Honorable Senator Kittredge, or any other honorable gentleman who will do anything to further the passage of this bill, will earn our everlasting gratitude and will be working for the advancement of an industry which has been sorely oppressed by piracy and injustice.

There is an excellent opportunity now to show fair play to a body of citizens who have been working at a disadvantage and fighting for years for their just rights and for proper and adequate protection from the Government. With best wishes, we remain, Yours, very sincerely,

Jos. W. STERN & Co.

before you

To the Committee of the Senate on Patents, Senator Alfred B. Kittredge, of South Dakota,

Chairman. GENTLEMEN: appear

this morning in the name and as the representative of the firm of Jos. W. Stern & Co., music publishers, of New York, and in their behalf I wish to state that the bill on copyrights (S. 6330), to amend and consolidate the acts representing copyrights, which is before you this morning, is of the highest importance for the protection of the authors and composers and music publishers, to protect their copyrights.

The old law is very vague and unsatisfactory. The proposed new law would help music publishers and composers very much.

There has been a great deal of piracy going on, and their best “hits” have been copied and pirated.

The new law makes such piracy a criminal offense, punishable by fine or a year imprisonment. If passed, as we hereby most humbly pray that it should be so, it will punish the pirates, because the fine alone can not stop their unjust deeds, and they laugh and pay their fine, but a year of imprisonment will certainly change all for the best. The said pirate would not risk a year of prison at all times.

Then again, the new law provides that no phonograph company or any makers of musical instruments, as well as makers of self-playing pianos, can deliberately use the work of the brain of the composer as well as the property of the publisher without permission to do so or paying some remuneration for the same.

Imagine the injustice of the thing. A composer writes a song or an opera. A publisher buys at great expense the rights to the same and copyrights it.

Along comes the phonographic companies and companies who cut music rolls and deliberately steal the work of the brain of the composer and publisher without any regard for the said publisher's or composer's rights.

They sell thousands and thousands of the "hits" of the publisher, which he has worked hard to make, without paying, as stated before, a cent of royalty for them.

The new law proposed remedies this, but of course the phonographic companies are fighting the new bill tooth and nail. Very respectfully, yours,


34 East Twenty-first Street, New York City. The letter I have just read is written on behalf of Jos. W. Stern & Co., and is signed by D. P. Lewandowski. Now, by way of contrast, permit me to read letters addressed to us by Jos. w. Stern & Co., who are members of the Music Publishers' Association, and judge for yourselves whether we have deliberately stolen the work of the brain of the composer and trampled upon the rights of the publisher as Doctor Lewandowski would have you believe.

Jos. W. STERN & Co.

New York, December 13, 1905. COLUMBIA PHONOGRAPH COMPANY,

Twenty-eighth street and Sixth avenue, New York City. GENTLEMEN: We beg leave to call your attention to our new big ballad success entitled, “In the Golden Autumn Time, My Sweet Elaine;" also our new instrumental hit, “Priscilla,” a Colonial intermezzo and two-step.

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The ballad is written by the authors of “When the Harvest Moon is Shining on the River” and “Sweet Adeline,” and you will find it as near perfection as any rustic ballad could be.

We mail you two professional and one regular piano copy of the song, also a vocal orchestration and a dance orchestration.

The instrumental number “Priscilla” is by Mr. S. R. Henry, composer of the famous “Polly Prim” and “Peter Piper” marches, of which you no doubt have sold many records.

We mail you two professional piano copies and one regular copy of this composition, also one full orchestration and a full band arrangement.

Kindly look these two numbers over carefully, and, if possible, make record of same at the very earliest possible moment. We are pushing these two pieces very hard and you will undoubtedly have numerous calls for them.

We are particularly anxious about Priscilla,” as this is a crackerjack instrumental piece for all instruments.

Kindly let us hear from you as to what you think of the two publications, and oblige, Very truly, yours,

Jos. W. STERN & Co. P. S.-We have had a number of orders from phonograph parlors for the slides of “In the Golden Autumn Time, My Sweet Elaine” (which are ready), but they can not use them until the records are on the market.

N. B.-Please address your reply to Mr. H. R. Stern.

At the same time Jos. W. Stern & Co., members of the Music Publishers' Association, through their counsel, were telling you gentlemen that we were stealing the product of composers' brains, and at that time we were receiving from publishers such letters as this. Here is another from the same company:

Jos. W. STERN & Co.,


Twenty-eighth Street and Sixth Avenue, New York City. GENTLEMEN: Have you made record as yet of our new big instrumental success “Peter Piper,” by the composer of the famous “Polly Prim” march? If not, kindly let us know and we shall immediately mail you full band or orchestra copy or piano solo.

“Peter Piper,” although out but a few weeks, looks as if it is going to be the biggest instrumental hit we have had in many years. Very truly, yours,

Jos. W. STERN & Co. We received “Peter Piper" and put it on our records, and in addition we published 250,000 descriptions of “Peter Piper" and scattered them all over the United States in behalf of Stern & Co.

Here is another letter directed to Mr. Emerson, chief of our master record department. I am intimately connected with the manufacturing department, and we had given records to Stern & Co. from time to time.

Jos. W. STERN & Co.,

New York, February 25, 1905. Mr. EMERSON, (Care of Columbia Phonograph Company),

No. 57 West Twenty-sixth Street, City. DEAR SIR: We sent you copy and orchestration of our new ballad success “When the Harvest Moon is Shining on the River” a few weeks ago.

If the cylinder records of same are ready, will you kindly oblige us with a half dozen. Thanking you in advance, we remain, Very truly, yours,

Jos. W. STERN & Co.

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Another communication received from Stern & Co. is as follows:

Jos. W. STERN & Co.,

New York, September 9, 1905. DEAR SIR: Inclosed please find late musical and theatrical notes. On receipt of clipping, we will be pleased to furnish you with copies of songs mentioned therein. Yours, truly,

Jos. W. STERN & Co. I will read some of our replies to Stern & Co.

FEBRUARY 16, 1905. Messrs. Jos. W. STERN & Co.,

34 East Twenty-first street, New York City. GENTLEMEN: I have received your letter, in which you request us to list more of your songs. We will take pleasure in complying with your request.

Our representative will call on you and you can supply him with such stuff as you want us to list. Very truly, yours,


Superintendent. Here is another answer:

FEBRUARY 16, 1905. Messrs. Jos. W. STERN & Co.,

New York City. GENTLEMEN: Replying to yours of February 6, regarding the song “When the Harvest Moon is Shining on the River," I beg to state that we will list this song as requested. Very truly, yours,


Superintendent Music Department. Now, we had with us here last June another member of the Music Publishers' Association--Leo Feist, of New York, and he was also present last Friday and Saturday. I am very sorry that he is not with us to-night, as I have in my hand a letter from his house, dated May 18, 1906, about two weeks before we were down here last summer, when Mr. Feist was claiming we were stealing the product of the composers' brains. I don't wonder that my friend, Mr. Sousa, smiles.

, . It is as follows:


New York, May 18, 1906. Mr. V. H. EMERSON, Care of Columbia Phonograph Company,

New York City. Dear Sir: Replying to your favor of recent date, beg to say that we are sending you under separate cover the full orchestra parts of “Yankee Grit,” which we trust you will kindly accept with our compliments. Very truly, yours,


Manager. Per M. J. G.

Here is another one from Mr. Feist:

LEO Feist,

New York, January 12, 1905. Mr. GEO. EMERSON,

57 West Twenty-sixth Street, City. DEAR Sir: Pursuant to your request of a few days ago, I take great pleasure in sending you, under separate cover, one of the first orchestra copies of my new waltz, “Loveland,” which I trust will reach you in due season. Very truly, yours,

ABE. HOLZMANN, Manager B. and 0. Department.

Mr. BONYNGE. You have not got one from Mr. Sousa, have you?

Mr. CROMELIN. Why, Mr. Sousa is the best phonographically advertised man in the world, and deservedly so. I will now read a letter received from Roth & Engelhardt, New York, manufacturers of automatic pianos.


New York, December 3, 1906. Mr. Paul CROMELIN, President Musical Copyright League,

25 West Twenty-third Street, New York. DEAR SIR: If we recollect rightly the Automatic Vaudeville Company in Fourteenth street, who run the Penny Arcade there, are being paid by certain music publishers for displaying ads of certain compositions over the automatic piano or piano player which is used to attract the public.

It seems to us that this would amply demonstrate the fact that publishers and composers consider the piano player an advantageous medium to increase the sale of their compositions. If this could be proven it might be a useful point. Very truly, yours,



per A. P. D.


Let us proceed with the proof. I have here a communication from my house addressed to me under date of December 3, in regard to a great number of orders which we have received from another member of the Music Publishers' Association, Jerome H. Remick, of New York City:


New York, N. Y., December 3, 1906. Mr. Paul H. CROMELIN, Vice-President Columbia Phonograph Company,

1212 F Street În W., Washington D. C. DEAR MR. CROMELIN: Please find inclosed letters of March 17, 29, 27, April 14 and 26, 1906, from the Jerome H. Remick Company, of this city, and from the Gus Edwards Music Publishing Company under dates of May 12, 28, and June 7, 1906, relative to advance order for cylinder records. We find that a number of orders from the Remick Company have been received, prior to the inclosed correspondence, by telephone, and of which we have only rough memoranda, Our ledger indicates that goods were shipped to them on similar orders from October 24, 1905. Our correspondence prior to that inclosed was destroyed during the recent fire.

On letter of March 17 from Remick Company you will note instructions to ship to the Automotic Vaudeville Company, at 48 East Fourteenth street, this being the largest amusement parlor in the city and one of several controlled by the same company.

Records on these orders were invariably delivered before being offered for sale through the regular trade channels and before the records had been listed in our catalogue. You will note that the orders in each case have been placed by us under the manufacturing number.

Will advise you by to-morrow's mail relative to the other subject suggested at the time of our conversation of to-day. Yours, very truly,


Mr. BONYNGE. You did not pay anything for that?

Mr. CROMELIN. No; on the contrary, they pay us. Observe the following:


New York, March 17, 1906. · The COLUMBIA PHONOGRAPH COMPANY,

New York, N. Y. GENTLEMEN: Kindly make us 250 records of “The Little Chaffeur;" also 250 records of “Is it Warm Enough For You.” Kindly rush these, and oblige, Yours, truly,


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