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THE: MUSIC TRADE REVIEW
BUSINESS NOT QUITE SO GOOD
With Publishers of Popular Music the Past Ten
Days—Political
Campaigning
Hurtful—
Prices at Low Ebb and Profits Diminishing
—High Class Compositions Are in Demand
and Market in Every Way Satisfactory.
"THE BELLE OFMAYFAIR" GREAT.
Scores Big Success at Premiere Production in
Rochester, N. Y., This Week.
(Special to The Review.)
Rochester, N. Y., Oct. 29, 1906.
"The Belle of Mayfair" has come up to the
most sanguine expectations of its publishers,
Francis, Day & Hunter.
The first production in this country of the
English musical comedy by Leslie Stuart, com-
poser of "Florodora," was given at the Lyceum
Theatre this evening under the management of
Thomas W. Ryley. The piece was well received.
Christie MacDonald, Irene Bentley, Bessie Clay-
ton, Velaska Suratt, Van Rensselaer Whelen,
Ignacio Martinelli, Richard F. Carroll, Jack
Gardner and Harry Burcher were in the cast.
Among the numbers scoring were: "Come to
St. George's," "Play the Game," "Come Along,
Girls," "In Montezuma," "Said I to Myself,"
"The Weeping Willow Wept," "Why Do You
Call Me a Gibson Girl?"
Fred Day was here to witness the performance
and Is delighted. "The Belle" will open at
Daly's, New York, November 19.
_„ .
_
Issuance of Warning Circular Not an Unlaw-
ful Act—Plaintiff Also Assessed Costs.
It will be remembered by the trade that once
upon a time Arthur W. Tams, having a music
library in New York, commenced suit against
certain publishers for conspiracy. These pub-
lishers follow: G. Schirmer, Novello, Ewer &
Co., Arthur P. Schmidt, the Oliver Ditson Co.,
Charles H. Ditson & Co., J. E. Ditson & Co., the
Boston Music Co., Boosey & Co., Edward Schu-
berth & Co. The privilege the complainant
claimed was that of renting ad infinitum musi-
cal works he had purchased from the original
owners, who reserved the right of performance
to the original purchaser. In their circular to
the trade and the musical profession the fore-
going defendants stated, among other pertinent
things, the following: "While we are not without
our own interests in the matter, yet, as publish-
ers doing business on an extended scale, the
actual sale of a few copies more or a few copies
less of any particular work is not to us of seri-
ous concern. We, however, publish such works
under contract with the several authors, under
which contracts the authors are entitled to cer-
tain royalties on all copies sold. In many cases
these royalties represent the only reward which
the author obtains for his genius and for his
work. It should then require no argument to
show that, aside from the publisher's rights and
the legal requirements of the case, it is an in-
justice and a fraud upon the author to use rented
copies of his work in giving a performance, thus
depriving him of his royalties. * • * Since
we are addressing the musical profession, many
of whom are authors and composers themselves,
we feel that it is not asking too much to say
that we hope for their co-operation in discounte-
nancing the use of rented or second-hand vocal
scores of copyrighted works."
Mr. Tams also followed with a fulmination of
his own, then brought the suit. After several de-
lays Judge Greenbaum, of the New York Supreme
Court, Part II, on October 19, handed down the
following opinion:
"Tams against Schirmer, et al.—-The issuance
of the circular annexed to the complaint is the
gravamen of the complaint. No other facts are
alleged from which an alleged conspiracy on the
part of the defendants may be predicted. Mere
conclusions of law that the defendants have un-
lawfully leagued themselves in a conspiracy to
prevent the plaintiff from carrying on his vo-
cation are not deemed to be admitted by a de-
murrer to a complaint for insufficiency of facts.
(Park against National Druggists' Association,
175 N. Y.) It is not alleged nor argued by
plaintiff that the statements contained in the
circular emanating from the defendants are ob-
jectionable or improper, or that its issuance is
an unlawful act. I fail to appreciate how the
allegations of the complaint may be construed
an declaring a cause of action against the defend-
ants. The demurrer is sustained with costs,
wrfti leave to plaintiff to plead anew upon the
payment of costs."
On January 15, while this suit was pending, a
bill was introduced in the House of Representa-
tives by Congressman Bennet, amending the
copyright act to cover this very point, and read-
ing as follows: "Nothing in this act shall be so
construed as to prevent the renting of religious
or secular works, such as oratorios, cantatas,
masses or octavo choruses from any person, mu-
sical library, or society, nor to prevent any per-
son or society from obtaining copies of any
such work from any other person, society or mu-
sical library owning the same." Argument fol-
lowed before the House Committee on Patents.
Subsequently the bill was changed so as to pro-
vide "renting musical works for performances
given for charitable purposes." Then the com-
mittee recommended its passage by the House,
and there it is now pending.
MANUEL KLEIN.
To be able to satisfy the musical demands,
tastes and desires of such audiences as daily and
nightly fill the enormous Hippodrome is no easy
task, but Mr. Klein has successfully filled the
office of musical director during the long run of
the "Society Circus," and his own delightful mu-
sical compositions have added great interest to
the performances themselves. Besides his mani-
fold duties, Mr. Klein finds time, or rather makes
time, to keep ahead of the demand for his work,
and has just brought out several new songs,
which will be introduced in the new and elaborate
production of "Neptune's Daughter," which will
be put on in the near future. In these songs Mr.
Klein is at his best, especially in the "Red Sun"
and "Lucia," which give indications of even sur-
passing in popularity his famous song, "Moon
Dear."
Mr. Klein occupies- a coveted place among com-
posers, and this, too, a t a period of life when
most young men are dreaming of great things
to be done instead of buckling down to do them.
But Mr. Klein understands the philosophy of hard
work and believes that it is through directness
of purpose and concentration that one achieves.
so
3
E
Another Ghappell Production Success
THE BLUE MOON
| Publisshers o
With publishers of popular music, with few
exceptions, business is not quite up to the mark.
The bustle and turmoil of unusually active po-
litical campaigns in a number of States east of
Pittsburg, is conceded to be the disturbing ele-
ment. Elections have had their effect from the
earliest days. There is distraction, if not enter-
tainment, furnished by these annual hub-bubs.
Close observers have said the trade of music
publishers is invariably interfered with, espe-
cially as regards the lighter airs. The price
question is renewing its baleful influence, and
for various reasons. The "cheap stores" are
raising Cain, because publishers producing music
handled by those concerns are finding their trade
cut in upon, and it has reached that stage again
where it is either to sell these places or lose
business of no small magnitude.
In the other classification one seldom, if ever,
hears complaint of either slow or unsatisfactory
trade. As is wejl known, their publications are
ot that solid, substantial character in which
slight fluctuations of popular selections cut no
figure. At the present time their sales of edu-
cational works exceeds previous figures, and the
holiday music, now under way, is not only elab-
orately illustrated and illuminated, but repre-
sents the composition of a number of the most
prominent, clever and successful writers in that
field.
General business being so excellent, excessive,
if not destructive, competition is the only factor
now feared. The West reports better conditions
than East, doubtless due to natural causes, and
ot this a publisher of note remarked as follows
to The Review: "Business should be fine, but
somehow it is not. The situation varies and
again the cheap store is raising its hydra-head,
for you must know there are over eighty branches
of one concern alone of this kind in the West
and Northwest. Some of our best publishers—of
course, I do not mean the firms exclusively in
high-grade stuff—are selling these parasites. I
Cannot blame them for buying where they can
get what they want at a price. At the same
time, it is discouraging for houses having good
sellers to be compelled to sell for 6 cents to 8
cents. This hurts the regular trade terribly, but
what can you do?"
TAMS BEATEN ON $250,000 SUIT.
Music by
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HOWARD TALBOTand PAUL A. RUBEN
Containing following Real Song Hits:
"THE CROCODILE"
"LITTLE BLVE MOON"
"BURMAH GIRL"
"SHE DIDN'T KNOW"
CHAPPELL
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& CO., Ltd.
37 West 17th Street, New York
5
PUBLISHERS' DISTRIBUTING CO.
(GEORGE L.. STAN DEN)
51 West 28th Street, New York
JOBBERS ONLY
We do NOT PUBLISH Muilc, SELLING AGENTS
exclusively.
Carry Music of all the Publishers. We solicit the
Sheet Music Business of Dealers throughout the country.
Orders properly taken care of and goods promptly shipped.