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the newest songs and make orchestrations for same in any key, and in that way they will get the songs before they are produced.

I think if you will look up my past performances you will feel sure that I deserve more numbers on your catalogues. Under separate cover I am sending you a set of regular copies of our publications and a set of vocal and instrumental orchestrations.

Hoping you will keep in constant touch with the “ House Melodious," we remain, Yours, very truly,



Chicago, October 22, 1906. DEAR MR. MILLER: We have waited some little time before deciding to send on A Garden Matinee," which goes forward to-day, under separate cover. The delay was due to our earnest desire to avoid sending you anything that might prove useless material.

As you will notice, the number is a little out of the bea en track, and it is a matter of gratification to us that its sale has justified its publication. It has not only sold well to the general public, but also has been taken up by the more prominent piano teachers as material for their advanced students. As it has gone over the 10,000 mark and is still going, we hope that it will also prove good property for the Edison.

We are inclosing with it a two-step by the well-known composer, W. C. E. Seeboeck, which promises well, but is as yet untried. It might be a good idea to file it away until we see how it is going to work. On the other hand, your judgment of its merits (or lack of any) would, in our opinion, hit the mark, and we would be willing to abide by it.

The sale of our sheet music is helped materially through the Edison, and we feel under obligation to you, very much.

Thanking you in advance for any courtesies that you may be able to extend, we remain, Very truly, yours,


JNO. A. R. SHEPARD. MR. WALTER MILLER, (care the Recording Laboratory),

National Phonograph Company, New York City.


New York, February 20, 1907. Mr. CRONKHITE, City.

DEAR SIR: We are sending you herewith an orchestration of a neat little instrumental number, called "Tie-Ro," which we think would make a good record for orchestra. It is arranged in a light, dainty way, and we are positive it will be very effective for your work. We are going after this number, and in a couple of weeks will have all the orchestras playing same. Hoping you will be able to use this number, we are, Yours, very truly,



New York, June 4, 1907. The EDISON MALE QUARTETTE, (Care The National Phonograph Company),

Orange, N. J. GENTLEMEN : A few days ago I had the pleasure of addressing you four words of sincere congratulations for the beautiful and clever interpretation made by you, for Edison phonograph, of my ballad entitled, “When the Roses are in Bloom;" and ever since I have learned, through the publishers of this number, that my letter reached your hands, and that you have duly appreciated the truthfulness of my statements in that direction. I have also been informed by the publishers that this ballad is gaining a wider popularity every day; there. fore I consider it a duty on my part to thank you, once again, for your valuable assistance to that end.


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I now take the liberty of sending you, herewith inclosed, the very first copy out of my latest ballad entitled, “ 'Twas You," which I think will meet with your approval. Regarding this number, I wish to say that in the event of your finding same worthy of your featuring it for the phonograph, if you are kind enough to favor me with a photo of your quartette, I shall be more than plea sed to have a half-tone made of same, and print the latter on the title-page, furnishing you with a number of regular copies. I would also give you due notices in the theatrical papers and send you copies of them. Hoping to hear from you favorably, I beg to remain, dear sirs, Very truly, yours,

E. NATTES. P. S.-I beg to assure you, most sincerely, that I do not request the fa vor of featuring my ballads from everyone who sings, but from those who can sing, and your name appears at the head of the latter, in my appreciation.-E. N.


New York, July 8, 1907. LEADER OF THE ORCHESTRA,

Edison Phonograph Company, City. DEAR SIR : We are inclosing herewith a piano copy of our new ballad, “ 'Xeath the Old Cherry Tree, Sweet Marie," which will not be ready professionally for some few days. Therefore we are sending you a manuscript copy of same so that you will get the first crack at it. Very sincerely, yours.



Asbury Park, N. J., January 28, 1908. Edison PHONOGRAPH COMPANY.

GENTLEMEN: I write again in regard to the song “ Au Revoir is not Goodbye.” Try this number out, and I am confident that it will prove what I say about it. We have the song well on its way to popularity, and selling big every day. Orders coming in from all over the country. At our two music stores we alone can sell 1,000 records of the song. Illustrated song singers are using it now all over, and the slides are the best ever made by the Chicago Company. All we ask is to give it a fair test. I am sure I deserve some recognition after selling and pushing Edison goods for the past five years, It seems not, though. Publishers who don't sell a dollar's worth for you are the ones mostly favored. And why? We think we know why. Perhaps we don't. If you will grant me a persoual trial, I will come up and sing this myself. Just let me know day and time, and I'll be there to prove without doubt that the song "Au Revoir is not Good-bye is the most beautiful sentimental song on the market to-day. I have all and know what I am talking about. With best wishes for your continued success, I am, Very truly, yours,

LESTER CHAS. REIMER. Representative LEGARE. Your idea, then, is that as the manufacture of records is increased and those records are distributed throughout the country by the manufacturer that does not lessen the sale of sheet music?

Mr. Dyer. That is exactly my idea. Not only is the sale of sheet music not lessened, but I understand it is greatly helped by it.

The CHAIRMAN. Ilave you the statistics of the sale of sheet music!
Mr. DYER. No, sir.

Mr. O'CONNELL. I have some figures on that point from the year 1900 to 1905 and will submit them.

The CHAIRMAN. Very well. [To Mr. O'Connell.] Would you like to have your figures go in with your own speech or with Mr. Dyer's?

Mr. Dyer. The figures might, I think, more appropriately go in to the record at this point. They are taken from the census report.

Mr. O'CONNELL. That is satisfactory to me.

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Mr. DYER. Among the letters which I have just referred to, I wish to call your particular attention to one from the firm of Lyon & Healy, of Chicago. I do so because Mr. Bowers, of that firm, was one of the strongest advocates of the Æolian proposition, and was, I think, instrumental in 'securing the signing of most of the Æolian contracts. Naturally, the letter was not written by Mr. Bowers, but by his advertising man. He says:

We have waited some little time before deciding to send on “a Garden Matinee,” which goes forward to-day, under separate cover. The delay was due to our earnest desire to avoid sending you anything that might prove useless material. As you will notice, the number is a little out of beaten track, and it is a matter of gratification to us that its sale has justified its publication. It has not only sold well to the general public, but also has been taken up by the more prominent piano teachers as material for their advanced students. As it is gone over the 10,000 mark and is still going, we hope that it will also prove good property for the Edison.

You gentlemen will note that there was no question in the mind of the writer of this letter as to his sheet music business being prejudiced by phonographic reproduction; in fact, he was obviously most anxious that we should take it. Now, note particularly, what he says in conclusion:

The sale of our sheet music is helped materially through the Edison, and we feel under obligations to you, very much.

Representative WASHBURN. What particular applicability to the proposition before us have the figures which you have quoted relating to the sale of sheet music? Do you mean to suggest that the sale of sheet music has been helped by reproduction in mechanical instruments? Mr. DYER. Yes, sir. I think that is a conclusion that can fairly

You understand, of course, that so far as the proposition before us is concerned I regard it as unconstitutional and as opposed to public policy. But if such were not the case it would be unnec

essary because the composers are being actually helped and are profiting by the work of the manufacturers.

Representative WASHBURN. But your proposition is that the reproduction of this music on mechanical instruments has actually promoted the sale of sheet music.

Mr. DYER. Yes, sir; I believe that is true, although our opponents assert that we have destroyed the sale of sheet music.

The CHAIRMAN (to Representative Washburn). Has the House committee not received letters stating that the sale of sheet music was being destroyed by these mechanical devices?

Representative WASHBURN. Yes.

Mr. Dyer. If that fact was definitely proved, I would admit that the composers have an ethical right here.

Mr. WALKER. The introduction of automatic mechanical instruments so far from taking away from composers anything that they had, has largely increased their revenue, so that they have nothing ethical to complain of.

Mr. Dyer. That is my position exactly. But even from an ethical standpoint, a situation is presented which must not be lost sight of and which frequently comes up in connection with patents. It is a point that has been often passed upon by the courts. Two men, let us say, jointly make and patent an invention. One of them commences its manufacture and makes a million dollars profit. The other joint inventor and joint patentee makes nothing. Has not the latter an ethical right to a part of the profit of the patent on the invention which he helped to create? Why should his partner in the enterprise be entitled to take all the profits and he receive none? But in each of these cases the courts have said, “ No," because if the man who had manufactured the invention instead of making a million dollars had lost a million dollars instead, he would have the same ethical right to claim from his partner a contribution for his share of their loss. And this is the situation here. Although the composers are very anxious that the manufacturers should divide their profits, we have not yet heard of any willingness on their part to contribute for any losses which might be incurred in using their compositions. And it would of course be impossible to provide any feasible way by which this could be done. This is by no means an imaginary situation. Mr. Pettit has referred to the fact that records of his company may cost a thousand dollars or more before a single one is sold, so that it is readily possible that very considerable losses may be incurred in connection with special compositions. If, therefore, we are to depart from the domain of practical legislation and are to attempt to define and secure ethical rights, the manufacturers have some ethical rights themselves, one of which is that if they are to be called upon to share their profits with composers, the composers should also be called upon to share any losses.

If after all that shall be said, the committees believe that the proposition is both constitutional and expedient, and that something should be done for the authors and composers, we will of course submit willingly and as cheerfully as possible. But I think it ought not to be done by way of a single ominibus provision in a bill that deals with so many other matters. It seems to me that the proper protection of the many interests involved can be secured only by

means of a separate bill that will surround copyrights of this character with all the safeguards by which the public is now protected from the grant of the improper and improvident patents. The rights granted by patents are, in fact, much more restricted than those which it is proposed to grant by way of mechanical copyright. A situation would be presented in the patent practice that would be analogous to that which would be presented here, if the owner or proprietor of an invention-not the inventor, but the proprietor or assignee—had only to make application in the Patent Office, pay a fee of 50 cents, and have granted to him a patent that would secure a monopoly perhaps for seventy-five years, if not more. If you are going to grant or provide for the granting of these mechanical copyrights, is it not proper that you should surround the grant by all necessary protection as will prevent the public from being imposed upon by frauds? I have prepared the rough skeleton of a bill embodying some of my ideas as to what ought to be done, and have submitted it to Mr. Currier.

The CHAIRMAN. Would you like to put that bill in the record ?
Mr. DYER. Yes; I would.
The bill referred to by Mr. Dyer is as follows:

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That every citizen of the United States who has written, composed, or produced any new and original literary or dramatic work or musical composition not known or produced by others before his writing, composition or production thereof, and not published, produced, or performed in this or any foreign country, before his application, may, upon the payment of a fee of five dollars and other due proceedings bad, obtain a mechanical copyright therefor.

SEC. 2. In the case of a literary or dramatic work or musical composition which shall be the joint creation of production of two or more persons, a mechanical copyright shall be issued to the joint authors or composers, and the application therefor shall be made by them jointly.

Sec. 3. All mechanical copyrights shall be issued in the name of the United States of America, under the seal of the Library of Congress, and shall be signed by the Librarian of Congress or the registrar of copyrights, and they shall be recorded in the Library of Congress in books to be kept for that purpose.

SEC. 4. Every mechanical copyright shall contain the title of the literary or dramatic work or musical composition and a grant to the author or composer or to the authors or composers, as the case may be, his or their heirs or assigns for the term of ten years, of the exclusive right, subject to the restrictions of this act, to make, sell, distribute, or let for hire, any device, contrivance, or appliance especially adapted in any manner whatsoever to reproduce to the ear, the whole or any material part, of the copyrighted work or composition.

SEC. 5. Every mechanical copyright shall date from the day on which the application therefor is received at the office of the Librarian of Congress.

SEC. 6. The applicant for a mechanical copyright shall make oath that he does verily believe himself to be the original and first creator, author, or composer of the writing or the literary or dramatic work or musical composition for which he solicits a mechanical copyright; that he does not know and does not believe that the same was ever before known, written, produced, or published, and shall state of what country he is a citizen. Such oath may be made before any person within the United States authorized by law to administer oaths, or, when the applicant resides in a foreign coumtry, before any minister, chargé d'affaires, consul, or commercial agent holding a commission under the Government of the United States, or before any notary public, judge, or magistrate having an official seal and authorized to administer oaths in a foreign country in which the applicant may be, whose authority may be proved by certificate of a diplomatic or consular ollicer of the United States. When the application shall be made by joint authors or composers, a like oath shall be made by each of them.

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