Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
THE MUSIC TRADE
REVIEW
43
In trie World of Music Publishing
TONE OF TRADE STRONGER.
LAW REGARDING REPRODUCTION.
Although the First Half of Month Was Quiet—A
Marked Improvement Now Noticeable in All
Departments of the Business—Some Excep-
tions, However—Department Store Selling
Still a Topic of Interest—The Situation in
Other Parts of the Country.
As Defined in the Recent Suit of Bloom vs. Ham-
lin—Some Comments by "Law Notes" on the
Case.
Commenting on the decision of Judge Mc-
Pherson, of the United States District Court,
Philadelphia, in the suit of Sol. Bloom (Bloom
and Hamlin against Nixon) to restrain Fay
Barring personal statements of extraordinary
Templeton from singing an imitation of his song
prosperity, the concensus of opinion in the trade
"Sammy," the legal journal, "Law Notes," for
is that the first half of the month was quiet.
April says:
Publishers and jobbers generally subscribe to
"The court refused the preliminary injunction
this report, but add a marked improvement is
upon the ground that the song was not in fact
now noticeable. In fact, business is now getting
being 'performed or represented' by Miss Tem-
in good shape again, and which is likely to con-
pleton. She was merely imitating 'the peculiar
tinue until the close of the season. The weak
actions, gestures, and tones of Miss Faust,' which
spots are disappearing and the general tone of
were not copyrighted. The song was a 'mere
trade in all branches is much stronger.
vehicle for carrying the imitation along.' In
Road men are out for the final call, and sales
fact, 'Fay Templeton does not sing it; she mere-
have picked up in no uncertain fashion, accord-
ly imitates the singer.' A remarkably fine line
ing to their advices. A partner in a leading house
is here drawn. Imitation is firmly established
said to The Review Monday:
GUSTAV LUDERS.
as a separate and distinct art. Since mimicry
"Our line of goods is of the medium high
Having established himself as one of the fore-
grade in songs, instrumentals and operatic selec- most musical comedy writers that this country of singing is not singing, mimicry of speech can-
tions, and we aim to, and do, what is known as has known for some years past, Gustav Luders not be speaking. Mimicry of whistling cannot
a standard business. We have hits, of course, is now looking for more worlds to conquer. Ever be whistling, nor can mimicry of gesture be ges-
but the steady demand is our long suit. Now, since this composer caught the public fancy with turing. The intent of the performer must be
then, we know an unexpectedly quiet condition his tuneful comedy, "The Burgomaster," he has reckoned with. As long as the intent is only to
prevails. March is always our best month, but been turning out success after success, which have imitate some one who has sung, spoken, whistled,
April fell away, and sales will continue to lessen all been warmly received and splendidly patron- or gestured the imitator in reality does none of
until the dull summer days arrive. At the same ized by the American public. He is now about these things.
"This is, upon its face, absurd. And it is
time we cannot complain, though last year at to test his ability to please the English taste in
equally absurd to say that the reproduction of
this time we done much better."
"The Prince of Pilsen," which Henry Savage is
a musical composition for the purpose of imita-
Other publishers conceded that beside their
shortly to produce in London, where it is ex-
individual houses, other firms were also "in the pected to run all summer. The librettist, Frank tion, or indeed for any other purpose whatever,
swim," and that the trade, as a whole, was just Pixley, is by no means insular in his humor and is not a 'performance' or 'representation' there-
now fairly busy. The question of prices, as ideas, and there is little doubt that the clever of. Suppose the mimicry of song were effected
always, is a live topic, and the usual quibbling things in this comedy, which delighted us, will through the medium of a phonograph. Is not
the song actually rendered, though- the purpose
and bluff is strongly in evidence, and in which also appeal to the English.
of the rendition be merely to show how some
alleged department store methods are inveighed
While preparations were being made for this
against or extrolled, according as the speaker's important move, Mr. Luders was also actively en- particular person sings it? Further, what differ-
ence does i t make that, as in the case at bar,
judgment may be colored by his personal inter- gaged in overseeing the production of his and
ests. Yet the preponderance of testimony favors George Ade's Corean comic opera, "The Sho-Gun," only a part of the song is reproduced? A repro-
what is termed the "up-to-date manner of mar- which has just carried Chicago by storm, and duction in full is a far better imitation than a
reproduction in part, and perfection in the art
keting sheet music."
which is well calculated to run there far into the
West and South a change for the better is re- fall; and he and Mr. Pixley have also been busy of mimicry would certainly demand a full and
complete rendition.
ported. Correspondents in the Central States with many details incident to the production of
"We cannot believe that such a decision can
write in a particularly encouraging vein. In
"Woodland," which had so successful a premier
New England the selection is far from rosy, but
in Providence on Thursday of this week. It is be otherwise than fraught with the consequence
still the ice is not quite so thick, the trade is said that this newest hit is, like "The Sho-Gun," of entirely letting down the bars against in-
gradually thawing out, and also there are indica- written on entirely different lines from any of the fringement of musical copyright. The true rule
tions of their beginning to liven up.
previous successes of Pixley and Luders, and that is the old rule, which declares piracy to exist
'where the appropriated music, though adapted
it fairly breathes the romantic atmosphere of
to a different purpose from that of the original,
the
German
forests
whither
Mr.
Luders
went
last
COBB & EDWARDS MAKE THEIR BOW.
(D'Al-
year in order to gain inspiration for the work. may still be recognized by the ear.'
Start in Business on Twenty-Eighth Street, and M. Witmark & Sons are publishers for Mr. Luders. maine v. Boosey, 1 Y. & Coll. 288.) If it be, as
Will Formally Open About May First—Were
MISS SABEL'S SUCCESS IN LONDON.
Formerly with Shapiro, Remick & Co.
Cobb & Edwards, recently on Shapiro, Remick
& Co.'s writing staff, have started in business for
themselves at 41 W. 28th St., where they an-
nounce themselves as "songsmiths." The entire
second floor of the building is being handsomely
fitted up and furnished up, and they expect to be
in readiness to formally receive the trade and
profession about May 1. Their first song to be
published is entitled "Good-bye, Little Girl, Good-
bye."
They have also several new songs from
the pens of Dillon Bros., Charles Lawlor, Hoff-
man & Burkhardt and Leo Edwards. The "boys"
are receiving the congratulations of their
friends, of which they have a host, on the enter-
prise, and for which the fullest measure of suc-
cess is predicted.
MUSIC PUBLISHERS' CONVENTION.
The annual convention of the Music Publishers'
Association of the United States, will be held
June 14-15, at the Hotel Normandie, New York.
An unusually interesting meeting is anticipated
for various reasons.
The reception accorded Miss Josephine Sabel,
by our English cousins, has seldom been given
an American performer on her first appearance
in London. A hit from the instant of her ap-
pearance, and an absolute sensation at the fin-
ish of her specialty. Among her songs, "My
Girl From Dixie" is the number that won her
most favor with her audience, and so popular
has it already become that the name of the song
alone suggests that of the singer who is making
a good composition famous on two continents.
Young lady in the music shop—"Have you
'Kissed Me in the Moonlight'?" Assistant—
"No, mum; it wasn't me. It must have been the
other assistant. I've just come here."
SOL
BLOO
NEW AMSTERDAM THEATRE BUILDINQ,
42nd Straet, near Broadway,
= NEW YORK -
Separate Numbers and Scores
of the following
Comic Opera and Musical
: : Comedy Successes : :
"RED FEATHER"—By Cbas. Emerson Cook, Chas. Klein
and Reginald De Koven.
NANCY BROWN"—By Frederic Ranken and Henry K.
Hadley.
"THE MOCKINO BIRD"—By Sidney Rotenfeld and A.
Baldwin Sloane.
"WINSOnB WINNIE"—By Frederic Ranken and Gui-
tave Kerker.
"THE OPPICB BOY "—By Harry B. Smith and Ludwig
Englander.
"THE SLEBPY KINO"—By Geo. V. Hobart and Gio-
vanni E. Conterno.
"A OIRL PROM DIXIE"—By Harry B. Smith.
"THE ISLB OP SPICE"—By Allen Lowe & Paul Schindle
>.bibfc«ji>, j o s . W . STERN & CO.
NEW YORK
84 Bast flirt Street
imnusciMO
cmcioo
PUBLISHER OF
"LAUGHING WATER," "UNTERDEN LINDEN," (New)
" S U N N Y " (the Hit of "Wizard of Oz,")
"THERE'S NOBODY JUST LIKE VII,"
"THE GIRL YOU LOVE"
from "Thrao Little Maids " and "Tho Silver Slipper,"
"TWO EVES OF BROWN."
Send for our New and Complete Catalogue*.