New-York tribune., 1907-12-12
FIGHT COPYRIGHT BILL
FOR COMPOSERS RIGHTS.
Herbert and Others Object to the
Exemption of Photographs.

Victor Herbert Gustave Kerker, J ohn Philip
Sousa Henry Blossom, Julian Edwards and Lud-
wig Englander representing many other colnpoS-
ers and lbrettsts. viii so to Washington to-day
to protest against the enactment by congress OIL
Representative Curriers' new copyright bill, IN
troduced by him on the first day Of the present
session. They object TO q clause in the Dill winch
exempts from the operation of the copyright pro-
lection reproductions OF music and verses OF songs
by perforated rolls, such as are used in mechahl-
cal piano players and similar instruments. or by
the records used In monographs and talking ma
chimes. Henry Blossom goes to represent the Il
brettsts. and is interested chiefly in obtaining pro-
lection against the unauthorized reproduction oI
songs in monographs
Victor Herbert, in speaking of the measure yes
terday, said that conditions were now such that
a composers chief source cf income should be the
royalties derived from rolls and records, AIDING
that the day of hand playing from sheet music
was passing. 'Phonograph records and perforated
rolls said Mr.. Herbert, have become the most
important form of reproducing musical compost
tions and and more displacing sheet
music. on which latter the composers have thus
far relied for their sustenance and reward. While
it was insisted that the old rule respecting ar
rangements and adaptations applied TO adaptations
for these mechanical devices, the composers also
demanded an amendment of the law so as to re-
move all doubts and secure their rights beyond the
possibility Of quibbling.'
The clause complained of by the composers in
the present bill IS as follows:
The words Ito rearrange or adapt 1t, II II oe a
musical work" shall not, for the purpose OF TINS
act be deemed to include perforated roiIS use ior
playing musical instruments or RECORDS uSe1 ic cet
other appliances by which such rolls or Feco'uS
ere made.
NJ Herbert said that Mr. Currer. as chairman
of tho committee on Patents, introduced al 'he
IA - session bill in which the rights OF coipol9
80 ic-nored explainng the omission by saying
that the question involved In a case theh p.r'.
ing before the Supreme Court he Iepotou 'l'
the COMPOSERS would probably get. through ule ue
cison Of the court, all they wanted. lie addeo
- {. tt,a decision favored the mechanical player
,4o - tho case Congress could then take up the
question and give relief -,
Mr. Herbert said that Mr. CurTleT aPpa'ehuy
favored the position of the composers Wheh th'S
report was made. but he quoted SesLe1u"y 80 80
the minority report submitted by CongresSi'iaii
T,a-obeeId which urged Immediate action upon
Congress MI. Herbert said that the Iu'rier re-
mort was piece OF soPhistry ana 'he'
- the failure of the bill introduced at the last seS
sion to come TO vote
o.trrad Mr. Herbert MI. Currier completely
changes his attitude with regard TO inc eNPeolen
decision On the first day OF the session nc iu9ne'
in a bill expressly removing musicfh "oIHs iio'i'
the pale of copyright protection as regaos me
cbanicaI devices. Now he purposes 10 MAKE the
Itch and powerfn corporations which contro the
,fact,ire of automatic musical devices the espe-
cial objects of the bounty OF Congress al the eN-
pense of the American composers.
..rie enactment OF this provision into law wouio
ho a staPcerinz blow the art of music and the
C9,,ea of intellectual labor. Never in the history
of American legislation has any Dill been paSseu
deliberately deprvng Intellectual labor OF the pro-
+ec.ion that ii has been entitled to- AS the at
tertion OF Congress WAS called TO any proper SUI
4o,. ~ convright which was not within the pro-
lection OF the statutes laws We're enacted to cover
that subject Without such legislation we would
have been a barbarous nation. The progress or
science and the useful arts cannot be promoted,
the dissemination of learning by intellectual labor
induced original investigation in the arts stirnu-
lated without a guarantee that the product of the
exertions Of the author shall belong to him and
be adequately protected from piracy
What will Congress say to a bill that permits
these CORPORATIONS 10 exploit and appropriate the
intellectual creation OF composer. in many in
stances the result of years OF study and labor.
that will enable them to thrive and Waow In
wealth while the composer must his nan1e
and that OF the offspring of his brain emblazoned
in the magnificent shop windows of the trust
nouucing that thousands of records of the master
piece have been sold, bat for which he not
maid Cne pennyr'