bands and copyrighted music
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7/17/2019 Bands and Copyrighted Music
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Bands and Copyright Music. Important Legal Decision. Broadcasting by Bands. Mellor andOthers v. Australian Broadcasting CommissionSource: The Musical Times, Vol. 81, No. 1173 (Nov., 1940), p. 463Published by: Musical Times Publications Ltd.Stable URL: http://www.jstor.org/stable/923877 .
Accessed: 24/10/2011 14:03
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THE MUSICAL
TIMES
HE MUSICAL
TIMES
Mexico
Novelties at the
symphony
concerts conducted
by
Chavez were Aaron
Copland's
'
Salon
Mexico,'
Manuel
Ponce's
Piano
Concerto,
Rafael Adame's
'Cello
Concertino,
O.
L.
Fernandez's
'
Batuque,'
Chavez's
Dance-Symphony
'
H.
P.'
and his Concerto for
four
horns, and Halffter's Concertante Overture for
orchestra
and
piano,
with Iturbi as
soloist.
Igor
Stravinsky
conducted
two concerts of
the
Mexican
Symphony
Orchestra. The
programmes
consisted
of
works
of his
own,
plus
Cherubini's
'Anacreon'
Overture
and
Tchaikovsky's
second
Symphony.
Chile
Santiago
The
main events of
the
season
were
:
performances
of Bach's
'Christmas
Oratorio' and
Magnificat;
'The
Messiah';
all Beethoven's
Symphonies
under
Kleiber,
all his
Quartets
by
the Lener
Quartet;
'Carmen
'
in the
open
air,
with
Conchita
Velasquez;
a Segovia recital (Sors, Tarrega, Villa Lobos, Moreno,
Torroba, Turina,
Ponce);
a concert of
piano
music,
songs,
and
choral
music
by
Rene
Amengual;
and
a
concert
organized
by
the
Amigos
del Arte at
which
Luis Clavero was
the soloist
in
Jacques
Ibert's Flute
Concerto,
a 'Poem'
by
Juan Orrego,
and
several
other works.
A
competition
for
American and
Spanish
composers
was
opened
in view of
the
forthcoming
fourth cen-
tenary
of the foundation
of the
city
(February 1941).
Special
prizes
are
provided
for
stage
works,
symphonic
works,
and a
variety
of vocal
works.
Mexico
Novelties at the
symphony
concerts conducted
by
Chavez were Aaron
Copland's
'
Salon
Mexico,'
Manuel
Ponce's
Piano
Concerto,
Rafael Adame's
'Cello
Concertino,
O.
L.
Fernandez's
'
Batuque,'
Chavez's
Dance-Symphony
'
H.
P.'
and his Concerto for
four
horns, and Halffter's Concertante Overture for
orchestra
and
piano,
with Iturbi as
soloist.
Igor
Stravinsky
conducted
two concerts of
the
Mexican
Symphony
Orchestra. The
programmes
consisted
of
works
of his
own,
plus
Cherubini's
'Anacreon'
Overture
and
Tchaikovsky's
second
Symphony.
Chile
Santiago
The
main events of
the
season
were
:
performances
of Bach's
'Christmas
Oratorio' and
Magnificat;
'The
Messiah';
all Beethoven's
Symphonies
under
Kleiber,
all his
Quartets
by
the Lener
Quartet;
'Carmen
'
in the
open
air,
with
Conchita
Velasquez;
a Segovia recital (Sors, Tarrega, Villa Lobos, Moreno,
Torroba, Turina,
Ponce);
a concert of
piano
music,
songs,
and
choral
music
by
Rene
Amengual;
and
a
concert
organized
by
the
Amigos
del Arte at
which
Luis Clavero was
the soloist
in
Jacques
Ibert's Flute
Concerto,
a 'Poem'
by
Juan Orrego,
and
several
other works.
A
competition
for
American and
Spanish
composers
was
opened
in view of
the
forthcoming
fourth cen-
tenary
of the foundation
of the
city
(February 1941).
Special
prizes
are
provided
for
stage
works,
symphonic
works,
and a
variety
of vocal
works.
Argentine
Buenos
Ayres
A
series of
remarkable concerts of
modern
music
was
organized
by
Juan
Carlos Paz at the
People's
Theatre. Works
by
Schonberg, Berg,
Stravinsky,
Hindemith, KLenek,
Milhaud,
Karel and
Alois
Haba,
Toch, Wiener,
Hirschberg,
Polivka, Paz,
de
Raco,
R.
Garcia,
Morillo,
Suffern,
J.
Perceval,
Santa
Cruz,
Andrd
Sas,
and
Villalobos were
given.
A
programme
of Chilean music
(Soro,
Leng,
Bisquert,
Cotapos,
Casanova,
Vicufia)
took
place
at the
Teatro
Col6n.
Toscanini conducted
two
symphony
concerts
at the
Teatro Colon.
The
programmes
included Albert
Williams's
Symphony.
At the same
theatre
Arnaldo
d'Esposito's
ballet 'An
April
Tale'
received
its first
performance.
At the
Politeama,
the
Ballets
Russes
de Monte Carlo
gave
a
successful
season.
Colombia
Bogota
Guillermo
Espinosa,
conductor of
the
National
Symphony Orchestra, devoted a festival concert to
French
music
(Berlioz,
Faur6,
d'Indy,
Duparc,
Debussy,
and
Ravel).
Australia
Sir
Thomas
Beecham
is
touring
the
country
with
the Australian
Broadcasting
Commission's
Orchestra.
Schneevoigt
conducted
two
concerts
of
the
Sydney
Symphony
Orchestra.
Menuhin
gave
two recitals
in
Sydney.
His
pro-
grammes
included Franck's
Sonata,
Faur6's
in
A,
and
Ernst's Concerto
in
F
minor.
Argentine
Buenos
Ayres
A
series of
remarkable concerts of
modern
music
was
organized
by
Juan
Carlos Paz at the
People's
Theatre. Works
by
Schonberg, Berg,
Stravinsky,
Hindemith, KLenek,
Milhaud,
Karel and
Alois
Haba,
Toch, Wiener,
Hirschberg,
Polivka, Paz,
de
Raco,
R.
Garcia,
Morillo,
Suffern,
J.
Perceval,
Santa
Cruz,
Andrd
Sas,
and
Villalobos were
given.
A
programme
of Chilean music
(Soro,
Leng,
Bisquert,
Cotapos,
Casanova,
Vicufia)
took
place
at the
Teatro
Col6n.
Toscanini conducted
two
symphony
concerts
at the
Teatro Colon.
The
programmes
included Albert
Williams's
Symphony.
At the same
theatre
Arnaldo
d'Esposito's
ballet 'An
April
Tale'
received
its first
performance.
At the
Politeama,
the
Ballets
Russes
de Monte Carlo
gave
a
successful
season.
Colombia
Bogota
Guillermo
Espinosa,
conductor of
the
National
Symphony Orchestra, devoted a festival concert to
French
music
(Berlioz,
Faur6,
d'Indy,
Duparc,
Debussy,
and
Ravel).
Australia
Sir
Thomas
Beecham
is
touring
the
country
with
the Australian
Broadcasting
Commission's
Orchestra.
Schneevoigt
conducted
two
concerts
of
the
Sydney
Symphony
Orchestra.
Menuhin
gave
two recitals
in
Sydney.
His
pro-
grammes
included Franck's
Sonata,
Faur6's
in
A,
and
Ernst's Concerto
in
F
minor.
a n d s
n d
opyright
M u s i c
IMPORTANT LEGAL DECISION
Broadcasting
y
Bands. Mellor
and others
v.
Australian
roadcasting
ommission.
a n d s
n d
opyright
M u s i c
IMPORTANT LEGAL DECISION
Broadcasting
y
Bands. Mellor
and others
v.
Australian
roadcasting
ommission.
Broadcasting by
Bands. Mellor and
others
v.
Australian
Broadcasting
Commission.
Before
the
Judicial
Committee
of
the
Privy
Council
(Lord
Maughan,
Lord
Porter,
and
Sir
George
Rankin).
Their
Lordships
dismissed
this
appeal,
brought by
special-leave,
by
the
appellants
(who
carry
on
partner-
ship
in
England
under
the name of
Wright
Round
a business as
publishers
of band
music)
from a
judg-
ment of the
Supreme
Court
of New
South
Wales
in
its
equitable jurisdiction,
dated
December
10,
1937.
By that Judgment an action brought by the appel-
lants
against
the
respondents,
the Australian Broad-
casting
Commission,
founded
on
alleged infringements
of
copyright
in
Australia
during
1932 and
1933,
was
dismissed.
W\right
Round
published
in
England
and cir-
culated
to
bands
in
England
and
Australia,
certain
prospectuses referring
to band music
published
by
them,
entitled the
Liverpool
Brass
and
Military
Band
Journal,
which
bore
on
the
front
page
the
words:
'
Please note all
our
music
is
free for
public
performance,'
and
issued
on
the
same
page
a
notice
'To the Bands
of
the British
Empire'
which
con-
tained the
following
passage:
'
All
our subscribers
should
note
especially
that
all
our music is free for
public
performance anywhere.
See our
guarantee
below.
. . . We make one price cover both the music
and
the
performing rights
thereof. .'
The
guarantee
contained
the
words:
'We
guarantee
that
every
piece
published
in
the
Liverpool
Journal
can be
played
anywhere
by
any-
Broadcasting by
Bands. Mellor and
others
v.
Australian
Broadcasting
Commission.
Before
the
Judicial
Committee
of
the
Privy
Council
(Lord
Maughan,
Lord
Porter,
and
Sir
George
Rankin).
Their
Lordships
dismissed
this
appeal,
brought by
special-leave,
by
the
appellants
(who
carry
on
partner-
ship
in
England
under
the name of
Wright
Round
a business as
publishers
of band
music)
from a
judg-
ment of the
Supreme
Court
of New
South
Wales
in
its
equitable jurisdiction,
dated
December
10,
1937.
By that Judgment an action brought by the appel-
lants
against
the
respondents,
the Australian Broad-
casting
Commission,
founded
on
alleged infringements
of
copyright
in
Australia
during
1932 and
1933,
was
dismissed.
W\right
Round
published
in
England
and cir-
culated
to
bands
in
England
and
Australia,
certain
prospectuses referring
to band music
published
by
them,
entitled the
Liverpool
Brass
and
Military
Band
Journal,
which
bore
on
the
front
page
the
words:
'
Please note all
our
music
is
free for
public
performance,'
and
issued
on
the
same
page
a
notice
'To the Bands
of
the British
Empire'
which
con-
tained the
following
passage:
'
All
our subscribers
should
note
especially
that
all
our music is free for
public
performance anywhere.
See our
guarantee
below.
. . . We make one price cover both the music
and
the
performing rights
thereof. .'
The
guarantee
contained
the
words:
'We
guarantee
that
every
piece
published
in
the
Liverpool
Journal
can be
played
anywhere
by
any-
one without fear
that
any
composer
or
society
will
pounce upon any
band for
performing
fees. We
have
paid
for the
performing
rights
of
every piece
of
music
we
issue ..
The Australian
Broadcasting
Commission
engaged
bands to
play
some of the
music
published
and
broad-
cast
the
performances.
The
bands had
purchased
the music
on the terms as
set
out
in
the
prospectus,
and
the
appellants
had,
in
Australia,
claimed
an
injunction
restraining
the
respondents
from so
doing.
The
Australian
Judge
dismissed the
action,
holding
that the
performance
and
broadcasting
of the
band
music in question was done with the implied consent
as
given
in
the
prospectus.
Against
that
decision
the
appellants
appealed.
Lord
Maughan
delivering
judgment
said that
the
Australian
Court had
decided
the
question
as to the
true
meaning
of
the words
in
the
prospectus,
and
their
Lordships
had
arrived at
a
similar
conclusion.
He
quoted
extracts
from the
prospectus
which
stated,
'We
have
paid
for
the
performing
rights
of
every
piece
we
issue,'
and
'
All
our
music
is free
for
public
performance.'
After
dealing
at
length
with
the
British
Copyright
Act
(1911)
and
the
Australian
Copyright
Act
(1912)
Lord
Maughan
said that
their
Lordships
were of
opinion
that the licence or
consent
given
in
the
pros-
pectus
included
the
broadcasting
by
bands. The
learned Australian Judge had, said Lord
Maughan,
remarked
that
'the
appellants
must
have
known
that band
performances
were
frequently
broadcast,
therefore
the
respondents
had
committed
no breach.
The
appeal
therefore
should be
dismissed,
with
costs.
one without fear
that
any
composer
or
society
will
pounce upon any
band for
performing
fees. We
have
paid
for the
performing
rights
of
every piece
of
music
we
issue ..
The Australian
Broadcasting
Commission
engaged
bands to
play
some of the
music
published
and
broad-
cast
the
performances.
The
bands had
purchased
the music
on the terms as
set
out
in
the
prospectus,
and
the
appellants
had,
in
Australia,
claimed
an
injunction
restraining
the
respondents
from so
doing.
The
Australian
Judge
dismissed the
action,
holding
that the
performance
and
broadcasting
of the
band
music in question was done with the implied consent
as
given
in
the
prospectus.
Against
that
decision
the
appellants
appealed.
Lord
Maughan
delivering
judgment
said that
the
Australian
Court had
decided
the
question
as to the
true
meaning
of
the words
in
the
prospectus,
and
their
Lordships
had
arrived at
a
similar
conclusion.
He
quoted
extracts
from the
prospectus
which
stated,
'We
have
paid
for
the
performing
rights
of
every
piece
we
issue,'
and
'
All
our
music
is free
for
public
performance.'
After
dealing
at
length
with
the
British
Copyright
Act
(1911)
and
the
Australian
Copyright
Act
(1912)
Lord
Maughan
said that
their
Lordships
were of
opinion
that the licence or
consent
given
in
the
pros-
pectus
included
the
broadcasting
by
bands. The
learned Australian Judge had, said Lord
Maughan,
remarked
that
'the
appellants
must
have
known
that band
performances
were
frequently
broadcast,
therefore
the
respondents
had
committed
no breach.
The
appeal
therefore
should be
dismissed,
with
costs.
November
1940
ovember
1940
46363
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