Music Trade Review

Issue: 1907 Vol. 44 N. 6

Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
THE MUSIC TRADE REVIEW
BUSINESS IS VERY^ SATISFACTORY
With
the
Publishing
Trade—Changing
Methods Help Trade—Publishers of Standard
Works Pleased With Situation—Some Draw-
backs, However, Which Are Set Forth by
One of the Craft.
With scarcely an exception business is very
satisfactory to the publishing fraternity. Trade,
as foreshadowed last week, is improving right
along. To be sure greater efforts than ever are
being put forth to expand sales, and some in-
genuity is employed to promote trade. How
much change is going on with the methods in
vogue for this purpose leading publishers of
popular music differ in their expressions for
publication. The old-time system seems to be
passing away, and another and swifter propo-
sition is taking its place, according to the best
informed on the subject. Just how the latest
schemes will succeed, time alone will tell. This
branch of the business is fertile in ideas, crack-
brained the majority of them; but occasionally
one will work out its own salvation even if it
demoralizes the trade for the nonce.
Publishers in the steady line of standard
works seldom vary their procedure, and conse-
quently what would disturb the so-called "pop-
ular" houses causes scarcely a ripple on the calm
surface of their daily routine. With them busi-
ness is also in splendid form. Their printing
plants are driven to capacity, and have been for
months. Easter music, some of the best in
years, is now enjoying the attention of publish-
ers in this class, and it may be noticed a few of
the prominent establishments, heretofore con-
fining their output to compositions of the lighter
order, are likewise announcing a number of very
meritorious publications of this kind.
Commenting upon the current situation, a
bright, clever publisher, with not even a sug-
gestion of a "grouch," remarked to The Review:
"Business is splendid, and it now looks as if
we were to have a record-breaking season. Of
course, we have a few drawbacks, but as we are
members of the Boosters' Club they cause us no
worriment—that is to say, such little matters
as cutting the heart out of prices, the idiosyn-
crasies of writers, "what our competitors are pay-
ing professional singers, the ultimate fate of the
copyright bill, the fundamental sinfulness of
rival houses, the attitude of the jobber and a few
other items too numerous to mention. Suffice it r
Vesta Victoria's New Hit
POOR
JOHN!
By the writers of
"WAITING AT THE CHURCH"
FRANCIS, DAY & HUNTER
15 West 30th Street
NEW YORK
OUR "NEW ISSUE"
PROPOSITION
Is of Interest to all dealers—we furnish
you with any quantity of our new
thematic catalogues without charae.
We publish " The Good Old U. S. A.,"
"Just a Little Rocking Chair and You,"
"Keep On the Sunny Side," and other
big hits.
Let us get In touch with you—write us.
F. B. HavUand Pub. Co.
125 W. 37th Street, New York
we are happy; at least, that is the line of talk
we hand the newspaper corps."
CHANGES IN COPYRIGHT BILL.
Provisions of Senate Bill More Favorable to the
Interests of Composers Than That of the
House—Some of the Changes Analyzed—
Chairman Currier's Statement.
(Special to The Review.)
Washington, D. C, Feb. 4, 1907.
The Senate Copyright bill (No. 8190) is more
favorable to the interests of composers, publish-
ers, etc., than that of the House (No. 25,133).
Last week's Review printed the Senate's version
of Paragraph E (formerly G) of Section 1, dia-
metrically opposed to the reading of the House
measure. Further, the Senate carries out the
same idea in the last portion of Section 4, as
follows:
"Whenever the words 'works of an author'
appear in this act they shall be construed as
having the same meaning as writings, includ-
ing in the term 'writings' all forms of record
in which the thought of an author may be
recorded, and from which it may be read or
reproduced."
This clause has been omitted entirely in the
House bill, and another change of import occurs
in Section 20 (Section 19, House), Paragraph B,
Clause 3. Then in the misdemeanor section, that
of the House is much milder than that of the
Senate, the latter reading as follows:
"Section 21. (H. 22.) That any person who
wilfully and for profit shall infringe any copy-
right secured by this act, or who shall knowingly
and wilfully aid or abet such infringement, shall
be deemed guilty of a misdemeanor, and upon
conviction thereof shall be punished by impris-
onment for not exceeding one year or by a fine
of not less than one hundred dollars nor more
than one thousand, dollars, or both, in the discre-
tion of the court."
The bill when reported in the Senate January
29 "was read twice and placed on the calendar."
In the House it "was referred to the Committee
on Patents and ordered printed." Representative
Currier, chairman of the committee, accompanied
it with an elaborate report, of which the por-
tions relating to musical compositions and the
reproductions thereof follow:
CHAIRMAN CURRIER'S ELUCIDATING COMMENTS.
"More time was given by the committee to the
consideration of this provision (formerly para-
graph D, now E) than was given to any other
provision in the original bill. A case involving
the right to reproduce by mechanical means any
copyrighted musical composition is pending be-
fore the Supreme Court of the United States,
and your committee felt that further legislation
regarding this matter should be postponed until
we can know what construction the court will
give to the existing law. Should the court sus-
tain the contention of the plaintiff in that case,
the musical composers and publishers will prob-
ably secure all they sought to obtain by the en-
actment of the provision before mentioned, and
should the court hold the other way, Congress
can then take up the question of giving further
protection to musical authors, if it deem it wise
to do so, in a separate bill.
"This was the course adopted in England last
year, when the bill, introduced by Hon. T. P.
O'Connor, dealing solely with musical copyrights,
became a law. It is but fair to say in this con-
nection that that bill did not extend the copy-
right laws of England so as to cover perforated
musical rolls used for playing mechanical in-
struments nor records used in the reproduction
of sound waves. The case now before the Su-
preme Court, to which reference has been made,
is one involving the construction of the act ap-
proved January 6, 1897, amending section 4966
of the Revised Statutes of the United States.
"This act provides that if any person publicly
performs or represents any dramatic or musical
composition for which copyright has been ob-
tained without the consent of the proprietor
thereof, he shall be liable for damages, and if
such unlawful performance or representation be
wilful and for profit such person shall be guilty
of a misdemeanor, and upon conviction be im-
prisoned for a period not exceeding one year.
Whether this act covers the reproduction of a
musical composition by any mechanical means
for the purpose of giving a public performance
is a question upon which light will probably be
thrown by the decision of the Supreme Court in
this case.
"Your committee felt that the public perform-
ance of a musical composition without first ob-
taining the consent of the copyright proprietor
should not be prohibited in all cases, but only
when the public performance is for profit. For
that reason what was known as paragraph G in
the original bill and the last part of paragraph E
in the new draft have been eliminated. The
only provision in the bill reported to the House
regarding the reproduction of copyrighted music
by mechanical means is found in paragraph E
of section 1 as it now stands. Your committee
believe that if this is enacted into law it will
simply prohibit the public performance for profit
of copyrighted music without the consent of the
proprietor by any means whatever, whether
mechanical or otherwise.
"Section 4 uses the word 'works' as the equiva-
lent of the constitutional word 'writings,' so far
as such works shall be literary, artistic, musical,
or dramatic. On no other works can Congress
give a copyright. The word 'works' is used in
preference to 'writings' in order to make the
NEW MUSICAL COMEDIES
"THE TOURISTS," by Burnside Mid Kerker
"THE SOCIAL WHIRL," by Herbert and Kerker
"THE ROSE OF ALHAMBRA," by Cook and Hornier
Complete Vocal Score and Special Numbers
Song Hits from t h e "Rich Mr. Hoggenheimer"
"DON'T YOU WANT A PAPER, DEARIE?" POKER LOVE
"BAG PIPE SERENADE," by Jerome D.Kern
T. B. HARMS COMPANY
126 West 44th St.
NEW YORK
Another Chappell Production Success.
Spring CRickeiY
Music by IVAN CARYLL and LIONEL MONCKTON.
Real Song Hits of Sam* Are:
" I Don't Know But I Guess."
" Coquin de Printemp."
"In Rotterdam.
CHAPPELL & CO., Ltd. ^ £
PUBLISHERS' DISTRIBUTING CO.
51 West 28th Street, New York
JOBBERS ONLY
We do NOT PUBLISH Music, SELLING AGENTS
exclusively.
Carry Music of all the Publishers. W« solicit the
Sheet Music Business of Dealers throughout the country.
Orders properly taken care of and goods promptly shipped.
Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
THE
MUSIC TRADE
REVIEW
we enjoy under existing law. Complete
justice is done to us by Senator Kittredge's bill,
and we appeal to Congress to support it. * * *
For more than fifteen years the best composi-
tions of American composers have been repro-
BRIEF, BUT INTERESTING.
duced and sold in the form of talking machine
Sol Bloom Disposes of Band and Orchestra
records and other devices for mechanical re-
Catalogue—Receiver for "He's a Cousin of
production without the payment of any royalty
Mine"—Teschner's Good T r i p — W h y Don't to the composers and to the unjust enrichment
Publishers of Popular Music Enter the of the manufacturers of these devices.
Standard or Educational Music Field.
"The courts have decided that the present
copyright law does not cover these devices, and
Sol Bloom has disposed of his band and or-
they suggested that this matter should be
chestra catalogue to George B. Moody, New York.
brought to the attention of Congress. The Li-
The Bloom song catalogue is also reported in
brarian of Congress prepared a bill which con-
the market, if not already disposed of—his talk-
tained a provision protecting us against the use
ing machine business proving so profitable as to
of our compositions for mechanical reproduction
require his closest attention. Mr. Bloom, how-
without the payment of a royalty. * * * The
ever, retains a well-equipped retail department
composer gets his royalty from the man who
in which the publications of all the publishers
owns a piano, because he must buy a sheet of
are handled. This is one of the swell establish-
music from which to play; likewise from the
ments on 42d street, off Fifth avenue.
man who owns a violin, banjo, guitar, etc., but
Considering the large sales of standard and he gets no royalty whatever for his compositions
educational music, it is a wonder the publishers that are played on mechanical pianos and talking
HINDS, NOBLE & ELDREDGE'S
of popular lines are not more interested in its machines."
Excellent Business—Immediate Success With
production and sale. There is a noticeable ten-
the George Rosey Publishing Co. Catalogue.
'THE ROSE OF THE ALHAMBRA" TUNEFUL
dency to enter this exclusive field, and already
Albert E. Wier, manager of Hinds, Noble & several houses heretofore wholly identified with
The second appearance of "The Rose of the
Eldredge's music department, talking with The songs, instrumentals, etc., of a lighter order have Alhambra" in New York, a t the Majestic Thea-
Review, said: "Business is as big as we can announced works, either of a classical or sacred tre Monday night, was successful, even in the
expect. Some idea of our success with the character, on which satisfactory trade is antici- face of a terrific snow storm. The music was
George Rosey Publishing Company numbers may pated.
be gained from the fact that a first edition of
Last week Judge Leventritt, in the New York
20,000 copies on the four pieces, 'Standard Amer-
Supreme Court, Special Term, appointed Fritz
ican Airs,' 'Grand Opera Bits,' 'Motor' march,
Morris receiver for the song "He's a Cousin of
and 'Wooing,' received January 22, has been
Mine," sung by Marie Cahill in "Marrying Mary."
exhausted, and several orders are being held for
According to the testimony adduced at the trial,
a new edition twice that quantity. Mr. Rosey
the song is owned jointly by Morris-Harris
has in preparation several other pieces, among
Music Publishing Co. and the Gotham-Attuck
them an intermezzo and a Spanish waltz which
Music Co. The plaintiffs, the first named con-
are of exceptional merit. One of the great fea-
cern, set forth in their complaint that prior to
tures of Hinds, Noble & Eldredge's sheet music
September 15, 1906, it owned "He's a Cousin of
business is the adoption of a uniform rate to
Mine." The defendant company also claimed to
retail dealers, and a uniform rate to jobbers."
own part of the song. The plaintiff company as-
Mr. Wier, who has written a number of highly
serted that on September 15, 1906, an agreement
successful songs of the semi-popular order, has
was entered into by which the two companies
in preparation a new sentimental love song which
were to share the profits of the song. The evi-
he expects to offer the trade within a few weeks.
dence showed that the defendant had refused to
CHARLES EMERSON COOK.
In the music folio publishing department "The
furnish to the plaintiff any statement of the re- very charmingly sung, and the story greatly en-
Most Popular National Songs" is the latest pub-
ceipts and profits, hence the receiver, who is a joyed. The composer, Lucius Hosmer, was
lication. This is meeting with considerable suc-
member of the complaining firm.
strongly supported by the book and lyrics, from
cess. George Rosey's collection, "The Most Pop-
ular Piano Pieces," is enjoying an unusually
Monday I. Waldman Teschner, of Willis Wood- the clever pen of Charles Emerson Cook. August
steady sale, while "The Most Popular Home ward & Co., returned from a two months' trip Cain Brown filled the title role splendidly, her
Songs" is rapidly nearing the fifteenth edition in the West, reaching the coast in the course of rendering of the number "Love's Eternal Song,"
of 10,000 copies each. Dealers of prominence his jaunt, and coming back via the Southern winning her rapturous plaudits. "The Nightin-
regard it as a folio of which there should always route. The trade everywhere extended "Tesch" a gale and the Rose," with an odd whistling ac-
be a good quantity in stock. The activity of this cordial "welcome, proving their sentiments with companiment, was the hit of the opera. Other
vocal selections are: "Song of the Millers,"
well-known book house in its music publishing orders of a substantial size and caliber.
"The Lay of the Lute," "Slash! Dash! Bang!"
department can be judged from the fact that
"Burlesque Serenade," "The Vagrant Stream,"
VICTOR HERBERT'S STATEMENT
"Oh, Won't You Shed One Little Tear for Me?"
In Support of the Copyright Bill, at Least That
WILLIS WOODWARD & CO.
Weaving," "Castles in Spain." T. B. Harms Co.
Presented by Senator Kittredge.
48 West 28th St., New York.
are the publishers.
PUBLISHERS OP
When Victor Herbert was in Washington, D. C,
M»y Irwin't Great Hit of this Sewon,
last Friday to support and advocate the Sen- STERN & CO. SECURES ANNA HELD'S HIT.
•• LADY "
ate version of the copyright bill, he made a nota-
By Margaret Crosse.
The Petite Parisian who is meeting with such
ble statement in support of his contentions, in
The Ballad Success,
success in F. Ziegfeld's production, "The Parisian
part as follows:
" WE'LL BE SWEETHEARTS TO THE END "
Model," at the Broadway, has the unique dis-
By Sam M. Lewis and Dave Rose.
"I am here on behalf of the composers to pro- tinction of being the author of the song, "It's
And the New Waltz Song Success,
test against the copyright bill reported by Mr. Delightful to be Married," with which she makes
"HELLO, PEACHES"
Currier, which not only does not protect us her biggest "hit." It is written to the melody
By John B. Lowits and Henry Arthur Blumentlial.
against the production of our works by of the great Parisian craze, "Petite Tonkinoise,"
For a limited time the above can be had at 8O\ from
talking
machine
records
and perforated of which Jos. W. Stern & Co. are also exclusive
lilt price.
rolls, but deprives us of rights
which selling agents for this country.
provision consistent with the construction which
the courts have in a long series of cases given to
the word 'writings.'
"Section 22 provides that a wilful infringe-
ment for profit of a copyright shall be a mis-
demeanor. Such an infringement, when affecting
any dramatic or musical composition, is a mis-
demeanor under existing law, and under existing
law the punishment for such misdemeanor is
imprisonment for a period of not exceeding one
year, with no alternative sentence. This sec-
tion applies to all copyrights what now applies
to only dramatic and musical compositions, but
it diminishes the punishment by striking out the
provision for imprisonment in the discretion of
the court and makes the punishment a fine. This
section in the original bill retained the imprison-
ment feature. Your committee felt that the pro-
vision in the existing law which gives the court
no discretion and compelled a jail sentence, as
is provided in certain cases in existing law, was
too drastic."
AIN
they have more than fifteen music folio novel-
ties in preparation covering all the various musi-
cal fields.
EVENT-NEW EASTER
BY VICTOR HERBERT
MUSIC
An Easter Dawn
"
A Beautiful Song, New in its Conception of Eastertide
COPIES NOW ON SALE
XI. WITMARK & SONS,
"The
NEW YORK
House Reliable
CHICAGO
Publishers
LONDON
VICTOR KREMER CO.
NEW YORK
CHICAGO
1431 Broadway
59 Dearborn St.
We publish the Country Sweeper,
Not Because Your
Hair Is Curly
and many others
WRITE US FOR OUR SPECIAL OFFER
which is very interesting to up-to-date dealers

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