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THE MUSIC TRADE REVIEW
39
LAW OF TRADE MARK IN SONG
clearly a crime within the meaning of sections other matters connected with its rapidly increas-
.'164 (subd. 3), 3C5 and 'MU) of the Pmal Code. ing size and importance. Mr. Witmark has not
turned his hack on Chicago permanently, how-
Writ dismissed."
Defined by Judge Dowling Who Decides Against
Couchois was then remanded to await the ac- ever, hut expects to make frequent trips thither
Couchois—An Important Ruling Thanks to
tion of the grand jury, which ordered ah indict- for the purpose of looking after interests of his
Mr. Burkan—Couchois Indicted.
concern at that end of the line.
ment to be drawn. Tuesday the grand jury of
Counsel for G. .1. Couchois, charged with coun- Bergen County, N. J., also indicted Couchois in
lerfeiting various musical compositions, when connection with Roosey & Co.'s song of "The Holy
Oh! to think of it! The New York Sun, in
presenting their side in the habeas corpus pro- City."
its excellent story—the best and most accurate,
ceedings, Wednesday last, before Judge Dowling,
The case against Louis Eggers, of the Calumet by the way—of the Couchois case, speaks of
Part II, New York Supreme Court, contended Press, who is accused of printing "Hearts and "Harry von Tilzer's lamentable ditty entitled
that section 364 of the New York Penal Code Flowers" for Couchois and shipping same to the 'Teasing.' " Albert and Jack must have had a fit
applied only to trade marks and not to musical latter's home in Rutherford, N. J., will come when thev saw this.
compositions, and that the latter could not be up again October 14.
held to be articles of merchandise in the ordin-
Subsequently Mr. Burkan said: "Had not Willis Woodward & Co.'s latest song and in-
ary acceptance of the term. The remedy of the Couchois made the mistake of attaching the real strumental numbers embrace some good ma-
publisher, they argued, was through the United publishers' trade marks to the songs which he re- terial. This young old firm are being heard from
States copyright law.
produced, there would have been no practical re- in no uncertain way. Both Willis and "Tesch"
Nathan Burkan, for the publishers, said that dress for the publishers, either criminal or civil. are working like beavers, and the good results
section HG4 was intended to cover just such de- The Federal copyright law gives a publisher re- are coming in fine shape. Geo. Rosey's new char-
ception as Couchois is alleged to have been prac- dress in money, but it is obtained only by a acteristic march two-step, "The Juggler," seems
tising. The copyright laws of the United States, roundabout and circuitous process and is of no to he an instantaneous success.
he held, did not cover the case at all, as they avail if the pirate has adopted the simple pre-
merely protected the compose]- from the theft caution of putting all his property in his wife's
A well known New York composer, who had
of the work of his brain. In the Couchois case name. What we need is a new copyright law which long felt the need of a reputable firm of agents
there was. he added, a deliberate imitation of a makes it a crime to pirate a book. The only to undertake the disposal of his compositions,
trade mark., done with intent to deceive.
criminal penalty now in the copyright law is at- read recently the advertisement of a bureau
Friday following, Judge Dowling handed down tached to the act of having publicly produced a which offered to place musical and other manu-
copyrighted play or song. There is no reason scripts with publishers. Their charges were
his decision as follows:
. "There is no question in this case of any viola- why a book pirate could not have done the things fairly high, and the advertisement slated ex-
tion of the copyright law, nor of copyright rights. which Couchois has done. There is no reason pressly that only work "of the highest grade"
The prisoner is charged with knowingly selling why he should have been caught, had he not been was handled by the bureau. The composer,
articles of merchandise (sheet music) to which greedy and attracted attention to his operations thinking that this was probaly the opportunity
a false and fraudulent trade mark was affixed. by the immensity of them. If he had known he had been looking for, sought the address
The trade mark was clearly imitated. The fraud enough to leave off the publisher's imprint we given in the advertisement. Entering the offices
is apparent. The Fischer trade mark is not dis- would have no hold on him even now. except of the concern, he found the manager in his
puted. Clearly, then, if sheet music is an article under the Federal copyright law, and I have rhirt-sleeves, sitting at a typewriter.
of merchandise which can lawfully be kept or reason to believe that we would not have gained
"I understand you place musical compositions
offered for sale, an imitation of a trade mark much by going after him with civil proceedings." for a commission?" inquired the composer.
is punishable. Entirely apart from the property
"That's right," was the answer; "but we only
in the production itself secured to the author by
handle first-grade stuff."
REVIEWOQRAPHS.
copyright, there is the protection given to any
"Do you suppose," continued the composer,
trade mark used by the publisher, or seller of
The Vincent Bryan Music Co. have opened an "you could place this 'Sanctus' of mine?"
copies thereof for public use. If no trade mark elaborate publishing plant on the second floor
"Sure!" replied the manager, confidently.
were used by the publisher, no crime would be of 6 W. 28th street, New York. The prevailing "Why, last season we placed Bink's 'Mother's
charged herein for merely pirating a copyright decorative color scheme is green. They have with the Angels,' and he made over two thousand
musical composition. But the offence charged is several numbers classed as hits and among the on it."
writers, besides Mr. Bryan, are Leo Friedman
and others. Edward A. Carney is the manager.
COMPOSER BOWERS MARRIED.
Another newcomer in the field is the Entre Nous
Robert Hood Bowers, who composed the score
Publishing Co., 53 W. 28th street, with a more
modest entourage and only a painted canvas sign of "The Maid and the Mummy" and other comic
Is of Interest to all dealers- we furnish
announcing two numbers, also designated "hits'' operas, was married at noon Saturday, to Vir-
you with any quantity of our new
by their fond sponsors. Then the Gus Edwards ginia Beloin, at the home of her brother-in-law,
thematic catalogues without charge.
Publishing Co. have taken studios at 1512 Broad- Julius Chambers, New York. The ceremony was
We publish "Blue Bell," "Feelin* for
You," "What the Brass Band Played"
way, and here the inimitable Gus expects to turn performed by the Rev. Arthur Mellin, of Holy
and other big hits.
out some great things, equal to, if not surpass- Trinity Episcopal Church. Mr. Bowers left, for
Let us get In touch with you—write us.
Chicago to superintend the rehearsal of a new
ing, those with which his name is connected.
opera immediately after the ceremony, with his
"Absinthe Frappe," the song hit of "It Hap- bride.
125 W. 37th Street, New York
pened in Nordland," by Victor Herbert, has been
put on a talking machine record and is proving
an extraordinary seller. There is supposed to
This Space is reserved by
THE SELLING MARCH SONG OF 1905
be some feeling expressed by publishers toward
the phonograph people, but it is a well-known
fact—expressed in writing—that publishers Have
Other Hits
requested their issues to be reproduced on
Kisses,
Easy Street,
records and for reasons not hard to define.
for a New Characteristic
OUR "NEW ISSUE"
PROPOSITION
F. B. Haviland Pub. Co.
"GOOD-BYE DIXIE' DEAR"
Roses at Twilight,
The Mormon Coon,
A Bit O' Blarney,
Get Happy,
There's a Clock Upon the Mantel
Striking I, 2, 3.
PUBLISHED BY
SOL BLOOM
New Amsterdam Theatre Bldg.,
SURE SELLERS !
N E W YORK
Willis Woodward & Co.
Frank M. Witmark, who for a number of
years has been associated with Nat D. Mann in
the conduct of the Chicago branch offices of M.
Witmark & Sons, is now permanently located at
the Witmark building, New York. Here he will
devote himself chiefly to the professional inter-
ests of his house, while also looking after the
From the latest operatic novelty.
Book by Harry B. Smith «« M I S S
. SURE SELLERS .
DOLLY DOLLARS "
Mu5ic b victor
y
Herbert
Now Having a Brilliant Run at the Knickerbocker Theatre, New York
The Self Made Family.
An Kduoated Fool.
Holly Dollars. (Song.)
It'.s All in the Book, You Know
(Olleudorf Duet.)
Select ion.
March.
VOCAL
My Fair Unknown.
Life's Masquerade. (Quartette.)
A Woman is Only a Woman (Hut
a (Jood Cigar is a Smoke).
American Music. (Song.)
INSTRUMENTAL
Kntr' Ai-te.
Waltzes.
<)ue«i of the King. (Circus SOUR, I
Just Get Out and Walk.
The Moth and the Moon Walks
i Song.)
An American Heiress. (Song.)
Landers.
Score.
IVf. Witmark & S o n s
GEORGE ROSEY
Ready September 15, 1905
POPULAR SONG and INSTRUMENTAL HITS
PETER PIPER MARCH
EGYPT
I WANT TO BE A SOLDIER
PEGGY BRADY
POLLY PRIM MARCH
SHAME ON YOU
ZEL-ZEL
BIG INDIAN CHIEF
ISLE OF SPICE
SAMBO GIRL
MAMA'S PAPA
LADY TEAZLE
MADCAP PRINCESS
RED FEATHER
Published by
Order Immediately; They'll surely be called for.
Witmark Building
N E W Y O R_ K
March Two-Step by
Schiller Building
CHICAGO. ILL.
JOS. W. STERN 6 CO.,
CHICAGO
LONDON
34 East 21st St., New York
SAN FRANCISCO