UC Santa Barbara

Abstract: In its ruling on White-Smith v. Apollo (1908), the Supreme Court declared that the punched holes of a player piano roll did not constitute a form of writing, and thus fell outside the purview of copyright statutes. Because the decision was superseded by the Copyright Act of 1909, which extended copyright coverage to piano rolls and sound recordings, commentators have relegated White-Smith v. Apollo to the status of legal footnote. The case, however, deserves closer attention. It reveals much about the fault lines between the auditory experience of music and its visual representation at the beginning of the era of recorded sound. Witness testimony is notable for its disquisitions on the history of musical notation, exegeses of recently patented notation systems, and philosophical ruminations on the nature of a musical work in relationship to its visual representation and sonic instantiation. Trial proceedings show how the perforations of a piano roll, which were more evocative of traditional musical notation than soundwaves etched on a phonograph cylinder or disc, destabilized the mundanity of reading music. Moreover, this instability suggests an explanation for why the piano rolls figuring in the case featured the music of Adam Geibel. The composer was blind, and in a lawsuit about the textuality of music, his disability served to contrast musical sights and sounds. Moreover, White-Smith v. Apollo furnishes a means of bringing the player piano out of the shadow of the phonograph, giving it a place in the “separation of the senses” that media scholars identify with modernity.