Music Trade Review

Issue: 1904 Vol. 38 N. 8

Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
THE
MUSIC TRADE
are many; those especially pleasing are
"My San Domingo Maid," "In Old New
York," "We come of Castilian Blood,"
"Ain't it Funny What a Difference Just a
Few Hours Make," "Cupid Has Found My
Heart," "In the Days of Old," and a num-
ber of other bright, catchy songs which will
doubtless be whistled and sung all over the
city before the comedy has been here two
weeks.
M. Witmark & Sons are the publishers.
ORIGINAL PUBLICITY
On the Part of Sol Bloom—His Latest Winners-
How They Are Exploited.
"Unter den Linden/' the new character
istic two-step march by William II. Perm,
and which will be ready for the market
early next week, is in line of popularity. In
the trio are German words which are
typical of good fellowship and very catchy.
Sol Bloom proposes pushing" Mr. Perm's
clever composition to the limit.
As an example of originality in exploit-
ing a song may be cited the following sum-
mons, apparently a formidable legal paper,
as to text and typographical arrangement,
and served on every singer on their list:
"Heelan and Helf., plaintiffs, against Marie
Dressier, defendant. Summons to the above named
defendant:
"You are hereby summoned to answer the com-
plaint in this action, i. e., that you are not singing
the success of the season, 'Under the Mistletoe
Bough,' and to secure an orchestration from the
plaintiff's attorney within ten days after the service
of this summons, exclusive of the day of service,
and in case of your failure to call or answer, judg-
ment will be taken against you by default.
"Dated, Feb. 15, 1904.
v
Are musical comedies falling into dis-
favor? is a question many publishers are
asking themselves now. Of the long list
produced since the opening of the season,
not a few have proven dismal failures, with
the "Fisher Maiden" in the lead as burning
up the most money and finally landing" on
the rocks, report say, for good and all. In
olhcrs only the interpolations have saved
what Avere otherwise "frosts" from the
sta:t. A shrewd publisher, who had tried
a few said, "I am fighting shy of musical
plays these days. I've had enough, be-
cause I believe the public have had a sur-
feit, and while they are not positively be-
coming passe, as business propositions, I
pass them up."
"Glittering Gloria" was heard at Daly's,
Monday evening, and a favorable verdict
pronounced by a large and appreciative
audience. The successful song numbers
were "Glittering Gloria," "Laura Bell,"
"The Hothouse on Broadway," "Saphira,"
"Little Mary," and Eugene O'Rourke
caused much laughter with an Irish ditty,
"Cordelia Malone." The^list is not com-
plete without mention of Percy Ames' very
clever, "Tell Me Why" and Phyllis
Rankin's dainty number "No Wedding
Bells for Her." With the exception of a
few* interpolations, the publishing honors
belong to M. Witrnark & Sons,
9
H COYPRIGHTS AND MUSIC.
To What Extent Does Copyright Protect—Register
Solberg Makes Some Illuminating Remarks on
This Subject.
ALFRED G. ROBYN.
Above is a picture of Alfred G. Robyn,
who, although still a young man, has at-
tained an enviable place in the music world.
His latest achievement is the successful
music
play "The Yankee Consul," written
"SOL BLOOM, Plaintiff Attorney.
in
conjunction
with Henry M. Blossom,
•'Postoffice address and office, New Amsterdam
Theatre building, 42d street, west of Broadway, Jr., the well known author of "Checkers."
New Y6rk city."
This comedy has proved to be a big suc-
"A Bit O' Blarney," by Fred J. Helf, an cess and will, no doubt, receive an en-
instrumental and not a song, was published thusiastic welcome at the Broadway
this week.
Theatre in New York, where it is to be
Still active in securing good situations produced shortly. The book is full of
for good songs Sol Bloom and his ener- clever characterizations and Mr. Robyn's
getic staff have added to their long list of versatility has been amply employed in
interpolated numbers a song in "The creating fitting music for the many differ-
Chinese Honeymoon" introduced by Fred- ent styles of lyrics which Mr. Blossom has
erick Mace, and which is rapidly coming to provided.
the front. The song is from the pen of
The indisputable song hits of the piece
Heelan and Helf, and is entitled, "King
Solomon Knew a Thing or Two."
PUBLISHERS' LIVE WIRES.
.43
REVIEW
In a recent interview Thorvald Solberg,
; e-gister of copvrights in the Congressional
Library, said: "It is a mooted question
to what extent the copyright protects. The
protection afforded is not clearly defined.
The author shall have the sole liberty of
printing, reprinting and vending his work.
The restriction of every one but the author
to multiply copies constitutes the property.
Still, the public is not entirely restricted in
the use of the author's creation. His
works, except in the case of musical
compositions and dramas, may be read in
public, and even for profit. By the act of
March 3, 1891, the exclusive right to trans-
late or dramatize his book is reserved to
the author. In this law our country has
exceeded the usual trend of legislation in
regard to the author's control over his
works.
"Then, again, in regard to the matter of
protection, it is the literary expression of
the author's ideas which is the subject-
THE WITMARK CORNER
LOOK FOR BI-MONTHLY CHANGE !
KEEP " P O S T E D " ON OUR "GOOD T H I N G S " !
THE CARESS"
-
MORCEAU CHARACTERISTIC
CAYLORD BARRETT
"THE HYACINTH"
- -
INTERMEZZO
EMMA LYON HATCH
" T H E STAR DREAMER"
ORIENTAL SERENADE
THEODORE BENDIX
"SWEET REMEMBRANCE"
INTERMEZZO
ALFRED MULLER-NORDEN
"ETHIOPIA"
-
- -
AL.
IDLEWiLDE"
-
AFRICAN INTERMEZZO
JOHNS
-
INTERMEZZO PASTORAL
LOUIS F. COTTSCHALK
If you are interested, write for introductory prices.
KEEP COPIES OF THESE NOVELTIES IN STOCK!!
If you don't deal with us direct. Send to your jobber! Get them !
ILLUMINATED TITLE PAGES FOR DISPLAY-^** .o«
M. WITMARK AND SONS,
SCHILLER BUILDING,
CHICAGO.
NEW YORK CITY
-
-
WITMARK BUILDING,
FROM OCEAN TO OCEAN — AND ACROSS
LONDON
Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
THE
MUSIC TRADE
REVIEW
matter of protection. Even if the idea it- song was an exact reproduction of that suits involving a so-called infringement of
self be original, when the author makes it 'Kiss' waltz. Now, how do you account melody. This is how publishers have fun
public he gives it away and can no longer for that? Lawyers call it cerebration or with each other."
perhaps; but I'll be hanged if
control its application. About conflicting heterphemy,
Weber & Fields have sold "An English
I know how to account for it. Besides I
claims as to authorship the office has no didn't flatter myself with the shop worn Daisy" to Joseph M. Gartes, who will take
authority to question any one's claims or inanity that great minds run in the same it on a Canadian tour after this week, open-
give consideration to conflicting claims. It- channels; not in the music business, how- ing at Montreal. Excepting for the shows
will continue to run in their own
is an office of record and merely registers ever, unless it is a question of graft. But they
music
hall, W. & F. have quit being pro-
claims of copyright. If two persons ob- of the threatened proceedings on the part ducing managers.
of the attorney against one of my current
tain copyrights on practically the same successes—not of my writing—this is only
The "Yankee Consul" will come on at
publication the courts and not the copy- a fresh example of what always material- the Broadway Theatre, and "The Tender-
right office must decide upon their con- izes under like circumstances. It will foot" at the New York Theatre, Monday
terminate in the way customary with all night.
flicting claims."
On being questioned regarding the copy-
righting of music titles, Mr. Solberg re-
SIEGEL, COOPER. CO.
plied : "This matter is apparently not
6th Ave.. 18th & 19th Sts.
understood. It is only the title filed which
NEW YOUK
can go on record, and only that which is
included in the title which can be recorded.
Applications are constantly received con-
taining statements additional to the word-
SOLE REPRESENTATIVES
ing of the title, apparently with the de-
IN AMERICA
sire that they be recorded as part of the
By Royal Warrant
OF THE
to
title. For example, the application form
H. M. THE KING,
transmitting the title will say 'For band'
H. M. QUEEN ALEXANDRA,
H R H.
or 'For orchestra' or 'For piano/ etc. It
THE PRINCE OF WALES,
is to be supposed that the applicant at-
H. R. H.
taches value to such statement, presum-
THE PRINCESS OF WALES,
and other
ably desiring the fact stated brought out
ROYAL HOUSES.
when recording the title. But if so, a title
or title page should be sent for registra-
tion which contains exactly what is de-
sired to appear on the records. The copy-
right office cannot—with due regard for
THE FINEST RIAIVIOS IN THE WORLD
the copyright interests of the applicant—
PADHBBWSKI Mys: "Play ONLY on an BRABD whenever obtainable."
undertake to edit his title. That should
MARK HAMBOUBO : "I consider your latest Pianofortes the finest Instruments In the world, both as re-
gards beauty of tone and touch !"
be done before the title is sent to this of-
HAROLD BAUER : "It Is the finest Instrument I har* had the privilege of playing upon, and I bar* mack
pleasure In congratulating you upon your great achievements."
fice, and if the printed title page is not
worded exactly as the applicant desires his
title recorded he should make up a title
with the exact wording required either by
eliminating or adding to the printed title,
Pianos are conceded to embody rare values. They are the
or by typewriting an entire title."
The register also remarked that of the
result of over three decades of acquaintance with trade needs.
93,000 titles copyrighted last year, over
They are attractive externally, possess a pure musical tone and
20,000 were for musical compositions.
are sold at prices which at once make the agency valuable to
PIANOS
DAVENPORT & TREACY
INFRINGEMENTITIS
Is a Disease Which Becomes Contagious When a
Song Becomes Popular.
the dealer.
FACTORY-I90I-I907 PARK AVENUE, NEW YORK.
CHASE-HACKLEY PIANO CO.
Chase Bros., Hackley and Carlisle
Apropos of a particularly tart letter from
MANUFACTURERS OF THE
a fellow publisher's attorney regarding an
alleged song infringement, a writer of
popular note as well as a very successful
publisher, remarked to The Review, Tues-
day: "Just as soon as a piece threatens to
be a hit you have five suits for infringe-
MUSKEGON, MICH.
ment on your hands. It is undeniable the
resemblance of certain songs in some bars
of the melody, and while suit after suit has
been brought
not one has been
gained by the complainant. Unless
Possesses all the essentials of leadership. It Is built upon the most advanced
lines. Look up the attractive features of this really artistic piano.
a bare plagiarism is attempted, no one can
say wherein a strain of music is exactly GEBHARDT PIANO CO.
Marion, OKio
like another to that degree of exactitude in
which it becomes the exclusive property of
FREDERICK PIANO CO.
any one. In other words no suit has ever
been won which involved a contention over
MANUFACTURERS H I G H
GRADE
PIANOS
a melody: further, it never will be.
92 FIFTH A V E ,
- - NEW YORft.
"Once I wrote a song, and shortly after
FACTORY. 51O-516 FIRST AVENUE
its appearance some chap in Missouri in
Address all communications to 92 Fifth AVe.
a letter to me stated that twenty years be- Send far prices, terms, territory and catalogue.
fore he had written what he called a 'Kiss'
ENDORSED BY GREAT ARTISTS
waltz, and that I had appropriated the
Admitted by piano experts to embody the largest values.
melody. As a positive fact 1 had never
Send for Catalogue to
heard of the title, let alone the music of the
THE ZELLMAN-SOCOL PIANO M'F'G CO.
152-154 W e s t 127th S t . ,
NEW YORK
composition; in fact the Missouri effort
Agents wanted.
Territory protected.
was launched before I became connected
with song writing at all. With the letter,
Sole Manufacturers of
however, came not only a demand as to
what I was 'going to do about it,' but also
a copy of the waltz. Here comes the re-
markable coincidence. I glanced it through
and played it over on the piano, and as
true as you are born, every note in my
fife G E B H A R D T Piano
ZELLMAN
SOCOL
PIANOS
PIANOS
Cittlc jewel piano 00.
,
? » ? ?
5, 5'A and 6/2 Octave Pianos.

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