While each work costs the same labor and expense to prepare for
publishing, yet it is admitted that not more than from two to three out
of each one hundred are successful, and not more than one in twenty of
them ever pay for the cost of printing. When limited first editions
cost from $5,000 to $15,000 to bring out, it can readily be seen why
the publishers are so active in trying to protect their clients, the
composers, and their own interests, so covertly threatened by this
bill. If this bill becomes a law they will be obliged to adjust their
business to the change, and no doubt the better composers will be
driven to adopt the methods of the dramatists and deny all use of their
works to the public at large.
Shakespeare says, "The man that hath no music in himself is fit for
treason, stratagems, and spoils." The love of music has from the dark
ages been the inspiration for all progressive peoples. It is earnestly
hoped that your committee will not lend itself for the advancement of
any measure which is not primarily designed to encourage and foster the
best ability of the American composer.
Respectfully submitted,
A. R. SERVEN,
_Attorney for the Music Publishers' Association of the United States_.
May 8, 1906.
MCGOWAN, SERVEN & MOHUN.
_1419 F Street NW., Washington, D.C._
NEW YORK, _May 8, 1906_.
THE CHAIRMAN AND COMMITTEE ON PATENTS,
_Washington, D.C._
GENTLEMEN: At the recent hearings on the Bennet bill, the music
publishers were represented, and the committee, of course, represented
the interests of the people. There was, however, one party at interest
in the matter who was not represented. That party is the American
composer, and it is in his behalf that we ask you to please consider a
few words.
The effect of this amendment would be to put the American composer out
of business, so far as the writing of serious or important works is
concerned. It would be our saying to him: "You are good enough for
writing coon songs and a few rag-time pieces, but we don't want you to
attempt anything better. We don't want American composers; we prefer to
use what is written in Germany, France, Italy, Russia."
The amendment under consideration seeks to remove the present copyright
protection from religious works; and in the hearing which your
committee was kind enough to give last week, frequent mention was made
of charitable work and entertainments given by churches, poor singing
societies, and our poverty-stricken public schools. From certain
questions asked by members of the committee it was indicated that they
might favor a compromise measure in which, by exception, the renting
of copyrighted musical works would be legalized in the case of
entertainments given by religious bodies or not given for profit.
We yield to no one in reverence toward religious matters, and trust
that what we shall say will not be misconstrued, but religious bodies
first of all should be and are noted for dealing justly with all men.
They have taught us that "the laborer is worthy of his hire;" and next
to observance of divine laws they advocate obedience and respect to
human laws. It would seem, therefore, that churches do not need nor do
they ask for anyone to exploit his own business under the guise of
obtaining for the church the right to do what it is unlawful for others
to do.
In seeking to give this exemption to churches, societies, etc., a
serious matter is that we entirely forget and lose sight of the musical
composer or author, who, in most cases, is not a rich man. It is about
the composer that we wish to say a few words. To illustrate what we
should like to say, we ask you, Mr. Chairman and the committee, to
picture the fact that a certain church or society has prepared to
publicly perform on a certain date a work of average size, costing,
say, 40 cents each copy. The average number of copies required for such
performance is about 30 copies, making a total outlay of $12, of which
$1.80 accrues to the composer as royalty for the performing rights.
Instead of buying the music, we find that for economy the church has
been persuaded to hire or to borrow copies that have been used
elsewhere. Imagine the large and well-dressed audience assembled on
the night of the performance. Listen to the delicate arias, the grand
choruses, the pealing organ, and notice the swelling enthusiasm of
the people during some of the climaxes. Picture this brilliant and
enjoyable scene, but let us also not forget the one man whose brain
and heart created this music and made the entertainment possible. The
pittance of $1.80 which he would receive is all too small; but such as
it is, it should not be taken from him. When copies of the music are
rented or borrowed and not bought, all the composer gets is glory and
applause. Now, glory is all well enough, and applause to most men is
sweet. But we wish to say to you, gentlemen, that glory alone will not
put a coat on that man's back; it will not help him to protect his
wife; nor will glory alone clothe and feed his children.
Furthermore, and in closing, in giving the above supposed entertainment
a fair admission price has been charged, or in lieu of a fixed
admission the plate has been passed; and few of us would care to listen
to the music and neglect the opportunity to contribute. So that we may
say that there is practically no such thing as performances of this
kind without a revenue. In giving such an entertainment everything else
is paid for. The light and heat are paid for, programmes are paid for,
parties from whom the books are rented are paid, the organist--even the
sexton is paid--but not the composer. We, the signers of this paper, do
not believe that American churches are so poor, or American societies
ever so needy as to make this injustice necessary; and it is hoped that
your committee in protecting the American people will also at the same
time not forget fair play toward the American composer.
VICTOR HERBERT, _Composer_.
REGINALD DEKOVEN, _Composer_.
BRONSON HOWARD, _Author and Playwright_.
HARRY ROWE SHELLEY, _Composer and Organist_.
_Constitution and by-laws of the Music Publishers' Association of the
United States._