Classic Mode

Music Trade Review

Issue: 1904 Vol. 38 N. 13

Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
40
THE
MUSIC TRADE
REVIEW
In the World of Musip Publishing
ing well known people: Dave Lewis, James
C Marlowe, Raymond Stevens, Florence
Many Publishers Are Fighting for Privilege of
Holbrook, Blanche Homan, Matt C. Wood-
Opening Sheet Music Branches in Depar/nent
ward,
Cecil Lean, Joseph Allen, Maude Al ; ce
Stores in This and Other Cities—Price Cutting
the Question of the Hour.
Kelly, Maude Sohlke.
Contracts have been signed with and by
Whether publishers are dissatisfied with
the
F. B. Haviland Publishing Co., of New
the manner in which the regular dealer han-
York,
for the publication rights. The book
dles their music, or they believe more ener-
and
lyrics
are by George E. Stoddard and
getic methods should be in vogue to stimulate
Charles
S.
Taylor,
and the music by Ben. M.
sales and enlarge the market, it is certain sev-
Jerome,
who
has
written
many song suc-
eral firms of commanding position have taken
cesses
on
the
popular
order,
notable of which
hold of the retail end via the 'department
are
"Lamb,
Lamb,
Lamb,"
"Blooming
Lize,"
store, and are rapidly adopting their methods
"Peggy
Brady,"
etc.
The
new
opera
is re-
of selling. This is more apparent in and
plete
with
numbers
that
will
set
the
town
a
around New York, where many of the leading
humming,
it
is
believed,
before
they
are
establishments are either controlled or man-
HERBERT DILLEA.
twenty-four hours old. The principal num-
aged directly by publishers. Keen competi-
bers will be ready for the trade on or about
One
of
the
most
promising
composers
of
tion has developed a rivalry in which prices
April
i. The entire production to be under
popular
song
successes
is
Herbert
Dillea,
who
suffer; but the ultimate results are said to be
the
personal
supervision of Gus Sohlke.
has
been
musical
director
of
the
Ward
and
quite satisfactory. Now the sheet music
Vokes
organization
for
a
number
of
years.
annex of department stores in other cities,
THE SONGS IN "THE SHO-GUN"
principally in the West, have been secured by His contributions to the various productions
publishing houses making a specialty of this of these stars have cer-tainly been valuable Promise to be Whistled and Sung Far and Wide—
Some of the Titles.
line and the scrapping for trade is defined as adjuncts and were, in their way, partly re-
sponsible
for
the
success
attained,
because
be-
warm and exacting, to express it mildly.
In "The Sho-Gun" George Ade is most
sides being an eminently prolific writer, Mr.
As previously reported in The Review, an Dillea has the happy faculty of evolving melo- timely in his local color, for in his new opera
attempt has been made to establish a mini- dies, most of which prove to be of the "pop- the scene is laid in Corea. It is said by those
mum schedule of prices both for "bargain ular hit" variety. His latest successes in this who have heard the rehearsals that Gustav
days" and standard sales ; but as yet the wide line of writing are "Absence Makes the Heart Luders, the composer of "The Burgomaster."
open policy—the keystone of department Grow Fonder," "Tis Better to Have Loved "King Dodo," "The Prince of Pilsen," etc.,
store tactics—prevails, for the average con- and Lost Than Never to Have Loved at All," has even surpassed his former efforts in the
cern of this kind is wedded to any scheme and "Two Souls With But a Single Thought." beauty of his melodies and the catchiness of
that will bring in customers. Therefore, un- For each of these songs Mr. Gillespie, his refrains written for "The Sho-Gun." The
less the sheet music section is controlled by a talented collaborator, has written graceful following unique titles give some idea of the
publisher, the slaughter of prices with this lyrics founded on the well known and fam- sort of songs one may expect to hear in this
end in view is made without a quiver. But iliar sayings quoted above.
when the publisher is directly interested he
Separate Numbers and Scores
must have a working margin—not to men- At Mr. Dillea's publishers, M. Witmark &
of the following
tion his profit—in order to meet the cost of Sons, the score of his new musical comedy,
Comic Opera and Musical
: : Comedy Successes : :
the concession, which is sometimes so high "The Millinery Man," is now in work. It
FEATHER"—By Chas. Emerson Cook, Chas. Klein
as to make those not in the game shudder is written to the book of Chas. Baswitz, a well "RED
and Reginald De Koven.
known
newspaper
man,
and
will
be
produced
'NANCY
BROWN"—By Frederic Ranken and Henry K
with apprehension. Just how long this will
Hadley.
shortly
under
one
of
the
most
prominent
of
"THE
MOCKINO
BIRD"—By Sidney Roienfeld and A.
be kept up, or how far-reaching will be the
Baldwin Sloane.
theatrical
managements.
It
is
to
be
hoped
"WINSOnB
WINNIE"—By
Frederic Ranken and Gus-
effect, no one hazards a prediction. Perhaps
tave Kerker.
that
notwithstanding
his
success
as
a
produc-
"
T
H
E
OFFICE
BOY
"—By
Harry B. Smith and Ludwig
the publishers concerned may capture the
Englander.
tion
writer
Mr.
Dillea
will
still
continue
his
"THE SLEBPY KINO"—By Geo. V. Hobart and Gio-
scalps of jobbers who boast of their depart-
vanni E. Conterno.
ment store alliances. At any rate the legit- writing of popular songs in which field he "A QIRL FROM DIXIB"—By Harry B. Smith.
"THE
ISLE OF SPICE"—By Allen Lowe & Paul Schindle.
imate dealers may watch the proceedings un- stands in the very front rank.
. w . STERN & CO.
der way with interest, and perhaps learn
84 East 21rt Street
N E W YORK
RIGHTS FOR "THE ROYAL CHEF"
CHIC1SO
LOIBOS
SIR njHCIMO
something to their advantage, if open to con-
Have
Been
Secured
by
F.
B.
Haviland
Publishing
viction, on a few points concerning the mar-
Hinds &* Noble, Publishers,
Co.—Abounds in Popular Numbers That Will
keting of sheet music beyond the simple
Win a Great Vogue.
display of the goods in their show windows.
Songs of All the Colleges, -
-
-
• $1.50
The co-authors of "The Isle of Spice,"
Songs of the Eastern Colleges, -
•
• 1.25
Business is considered excellent as a whole,
Songs of the Western Colleges, -
-
- 1.25
both with publishers and jobbers. The latter which enjoyed such a long and phenomenally
New Songs for College Glee Clubs, -
-
.50
successful
run
at
the
La
SaTle
Theatre
in
Chi-
are particularly busy and pleased. The
New Songs for Male Quartets, .
.
. .50
cago
recently,
will
present
their
latest
musical
former speak of current conditions as being
New Songs & Anthems for Church Quartets, 10 to .30
brisker than for many years along certain comedy entitled "The Royal Chef" at this
Songs of Washington and Jefferson College, 1.25
theatre on or about April i. This production
Songs of Haverford College,
-
-
- 1.25
lines.
promises to be superior to its predecessor in
Songs of the University of Pennsylvania, - 1.50
Eugene Cowles, the well known basso, point of lyrics, book, music and appoint-
31-33S5 West ijth St., New York City.
who has attained a great reputation for his ments. Among those in the cast are follow-
artistic work in song writing, has just had
P U B L I S H E R OK
two delightful compositions published by
"LAUQHIMG WATER,"
"THE SUN DANCE.
Oliver Ditson Co. The "Bayou Song" and
" S A M M Y " (the Hit of "Wizard of Oz,"j
"THERE'S NOBODY JUST LIKE YOU,"
"Wait For Me, Celes," are the titles of Mr.
NEW AMSTERDAM THEATRE BUILDING,
"THE GIRL YOU LOVE"
Cowles' latest compositions and their char-
42nd Street, near Broadway,
frem " T h r o * Little Maids" and "The Silver Slipper,
acter will certainly make them popular with
"KI-YO," Great Indian Song Success.
= NEW YORK
_
Send tor our Mew and Complete Catalogues.
lovers of good music.
AFTER DEPARTMENT STORES,
SOL
BLOO
Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
THE
new comedy: "Little Moo Zoo May,"
"Keep Your Eye On the Girl Just Out," "I
Am, Yours Truly," "Flutter Little Bird,"
"Love, You Must Be Blind," "Wisteria, My
Bride," "Crime Is Merely a Disease," "Your
Honey Moon Will Last," "The Games We
Used to Play," "She's Just a Little Different
From the Others That I Know," "The
Kackie" and "The Irrepressible Yank."
These titles sound good, and reports say the
music sounds even better.
PROTECTION TO EXHIBITORS.
The Act of January 7, 1904, Granting Temporary
Copyright Protection to Exhibitors of Foreign
Literary, Artistic, or Musical Works At the
Louisiana Purchase Exposition, Also Suspends
Operations of All Statutes Inconsistent With
Said Act During the Period of the Temporary
Copyright Protection Therein Enacted.
[Special to The Review.]
Washington, D. C, March 21, 1904.
In reply to some inquiries made by the
German ambassador as to whether the act
approved Jan. 7, 1904, for the protection of
foreign, literary, artistic or musical works,
exhibited at the Louisiana Purchase Expo-
sition also removes the interdiction of im-
portation of those articles, Leslie M. Shaw,
Secretary of the Treasury, expresses his
views on the subject as follows:
The act referred to is entitled "An Act to
afford protection to exhibitors of foreign lit-
erary, artistic, or musical works at the Loui-
siana Purchase Exposition," and grants to
the author of any book, map, chart, dramatic
composition, musical composition, engraving,
cut, print, chromo, lithograph, or photograph
published abroad prior to Nov. 30, 1904, but
rot registered for copyright protection in the
United States, and intended for exhibition
at the Louisiana Purchase Exposition, or the
heirs and assigns of such author, the sole
liberty of printing, reprinting, publishing,
copying and vending the same within the lim-
its of the United States for the term of two
years from the date of the receipt of the book
or other article in the copyright office at
Washington.
The act further provides that if at any time
during the term of copyright protection there-
in granted, two copies of the original text of
any such book, or of a translation of it in the
English language, printed from type set within
the limits of the United States, or from plates
made therefrom, or two copies of any such
photograph, chromo, or lithograph printed
from negatives or drawings on stone made
within the limits of the United States or from
transfers made therefrom, are deposited in
the copyright office at Washington, such de-
posit shall be held to extend the term of copy-
right protection to such book, photograph,
chromo, or lithograph for the full terms pro-
vided for in title 60, chapter 3, of the Re-
vised Statutes, computed from the date of the
receipt of the article at the copyright office.
In the case of an original work of the fine
arts (a painting, drawing, statue, statuary,
and a model or design intended to be per-
fected as a work of the fine arts), which has
been produced without the limits of the
United States prior to the 30th day of No-
vember, 1904, and is intended for exhibition
at the Louisiana Purchase Exposition, the act
grants to the author, or his heirs and assigns,
copyright protection therefor during a period
of two years from the date of filing in the
copyright office of a description of the said
work of art and a photograph of it.
Except in so far as it authorizes and pro-
vides for temporary copyright protection
during the period and for the purposes pro-
vided therein, the act is not to be "construed
or held to in any manner affect or repeal any
MUSIC TRADE
41
REVIEW
biguous, and there would be no occasion for
the inquiry of the German ambassador but
for the further provision in the act that, ex-
cept in so far as it authorizes and provides
for temporary copyright protection, it shall
not be construed or held to in any manner
affect or repeal any of the provisions of the
statutes relating to copyrights. Therefore,
construction becomes necessary in order to
determine whether there are inconsistencies
between this later and former statutes re-
specting importations, and, being in pari
materia, they are to be construed together.
The cardinal rule of all statutory construc-
tion is that the meaning and intention of the
legislature are to be sought for, and supposed
repugnances must be reconciled, if possible,
to effectuate that meaning and intention. We
then proceed to determine what is meant by
the term "copyright protection." The statute
itself (act of Jan. 7, 1904) defines it as "the
sole liberty of printing, reprinting, publish-
ing, copying and vending" the copyrighted
article, and it is so denominated in all the
laws. "Copyright under the statutes is an
exclusive right to publish a literary or artis-
tic work." Pierce & Bushnell Manufacturing
Company v. Werchmeister (72 Fed. Rep.,
54). Copyright protection, then, is the ex-
clusive right to produce, reproduce and vend
the copyrighted article. But, while the latter
statute grants copyright protection in the
United States on books, chromos, lithographs
and photographs produced or manufactured
abroad, there exists a prior statute (section
4956, supra) which requires the production
or manufacture of the articles in the United
States as a condition precedent to obtaining
a valid copyright, and which also prohibits
importation of such articles not so produced
or manufactured. Does the later act suspend
operation of section 4956 (ante) with respect
to importation during the temporary copy-
right protection, or is the provision in said
act, to the effect that former statutes relating
to copyrights are not repealed or affected, to
operate so as to deprive the proprietor of the
copyright of the very essence of the protec-
of the provisions of the Revised Statutes re-
lating to copyrights and the Acts amendatory
thereof," and no registration under the act
shall be made after the 30th day of November,
1904.
Under the provisions of section 4956 of the
Revised Statutes, as amended by the act of
March 3, 1891, it is necessary, in order to ob-
tain a valid copyright in the United States for
a book, chromo, lithograph, or photograph,
that the article or articles deposited with the
Librarian of Congress shall be produced or
manufactured in this country, and during the
existence of such copyright the importation
is prohibited of any book, chromo, lithograph
or photograph, so copyrighted, or any edition
or editions thereof, or any plates of the same
not made from type set, negatives or draw-
ings on stone made within the limits of the
United States.
Section 4963 of the Revised Statutes, as
amended by the act of March 3, 1897, pro-
hibits importation into the United States of
any article, whether subject to copyright or
otherwise, bearing the statutory notice of
copyright, which has not been copyrighted in
this country.
The main question in the case is whether
the prohibition in section 4956, as amended,
operates so as to defeat the protection of
copyright granted by the act approved Jan.
7, 1904. There can be no question with refer-
ence to the prohibition in section 4963 of the
Revised Statutes, as amended, regarding false
notice of copyright, as the proprietor of the
copyright, for self protection, would have a
perfect right to insert or impress abroad a
notice of copyright in or upon the copyrighted
article; not the statutory notice alone, but, in
addition, words showing the act under which
the protection is granted.
The protection afforded an author, his
heirs and assigns, by the act of Jan. 7, 1904,
is "the sole liberty of printing, reprinting,
publishing, copying and vending" the copy
righted article "within the limits of the
United States" for the term provided for in
said act. This language is plain and unam-
"THE WITMARK CORNER"
LOOK FOR BI-MONTHLY CHANGE I
KEEP "POSTED" ON OUR "GOOD THINGS"!
THREE POPULAR NUMBERS
FROM MUSICAL PRODUCTIONS.
From "The Tenderfoot."
it
HOP L E E "
CHINESE DANCE
H. L. HEARTZ
From "Peggy from Paris."
" FRANCO-AMERICAN DANCE "
WILLIAM LORAINE
From "The Yankee Consul."
"SAN
DOMINGO"
INTERMEZZO
ALFRED C. ROBYN
These Instrumental Novelties should be on sale everywhere.
Special rates on orders in quantities*
I. WITMARK AND SONS, "'*•""" »•""•* NEW YORK CITY
SCHILLER BUILDING, CHICAGO.
-
•
-
WITMARK BUILDING, LONDON
FROM OCEAN TO OCEAN — AND ACROSS
>J

Download Page 42: PDF File | Image

Download Page 43 PDF File | Image

Future scanning projects are planned by the International Arcade Museum Library (IAML).

Pro Tip: You can flip pages on the issue easily by using the left and right arrow keys on your keyboard.