The Washington times., 1917-02-08

lar rates before we go playing any
OF their music when their shows come
to town."
Hits Cost of Hish Living.
The high cost of music likewise Is
going to hit the cost OF high living.
and especially of entertaining and
dancing, according to one orchestra
leader. He says that the law applies
equally, as he sees 1t, to perform
ances OF any kind for pay; hence at
private engagements the orchestra
will have to charge more II the host
ess wants copyrighted music. Others
doubt whether any serious attempt
will be made to collect for such play
Ing, since there would be. no way Of
keeping track OF It.
NJ. NJ. Goldman, director OF the
Shoreham orchestra, said he was 60
ing to seek to form a leaders orRani-
zation {" consider ways of meeting
the situation.
Public Finally Would Pay
Meyer Davis. who not only conducts
the Willard orchestra but furnishes
music at the BeIvidere, in Baltimore:
the Bellevue-stratford, in PbiladeI.
phia; at Narragansett Pier ana at
manyother summer hotels, said he Is
at loss to know as yet how to meet
the situation.
"Of course II would be impossible
to collect soyalty for performances
OF each piece" he said. 'AIy Infor-
nation Is that the Society OF Authors
and Composers intends demanding a
fee. to be $500, for the large hotels.
from the orchestra leaders, and pay-
ment Of the fee will permit the play
ing OF their music.
"Of course that will mean that the
leaders will add the sum to their
contract prices. and the hotel man
ayers will have to charge the public
with the cost of the music.
May Revert to Classics.
"on the other hand, we may go
back to the classic music and popular
airs OF earlier days, and that would
hurt the composers more than It
would hurt us. Sales Of their music.
especially In cities where their shows
don't arrive until they are a year old.
depend upon the popularity we give
their compositions. They will lose
sales. both to US and to the public"
At one, Of the Washington hotels
which approaches the cabaret in that
diners may dance. the orchestra lead
er pointed To the effect on modern
dances.
why, you can't tango or fox trot
to this stuff OF Schubert's, you know
-well have them all doing the min
uet and the schottische, l guess"
Decision Closely studied.
The decision Of the Supreme Court. as
handed down by Justice Holmes, is be-
ing closely studied by musicians After
reciting the history Of the case upon
which appeal to the highest tribunal was
taken. the decision continues:
IF the rights. under the copyright are
infringed only by a performance where
money is taken at the door they are
very imperfectly protected. Perform
ances not different in kind from those Of
the defendants could be given that might
compete with and even destroy the sue
cess Of the monopoly that the law in
tends the plaintiff to have. 1t il enough
10 say that there Is no need to construe
the statute 30 narrowly. The defendants
performances are not eleemosynary
They are part Of total for which the
public pays. and the fact that the price
Of the whole il distributed to a particu-
lar item which those present are expect
ed to order. is not important II Is true
that the music is not the sole object,
but neither is the food. which probably
could be got cheaper elsewhere The OBJ
iecI is a repast in surroundings that to |
people having limited powers of con-
or disliking the rival noise |
give a luxurious pleasure not to be had I
from eating silent meal II music did |
not pay IL would be given up. II 1t pays II |
poys out OF the public's pocket Whether 1t |
pays or not the purpose Of employing II |
s profit and that is enough"