DAMAGES THREATENED BY BILL.

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._

Arguments before the Committee on Patents of the House of Representatives, on H. R. 11943, to Amend Title 60, Chapter 3, of the Revised Statutes of the United States Relating to Copyrights May 2, 1906. · 第 14 / 16 题