Music Trade Review

Issue: 1907 Vol. 45 N. 15

Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
48
THE
MUSIC
TRADE
REVIEW
through ignorance for too many years, and the which right he is deprived under the existing
publishers in popular music have been the suf- law.
"Years ago when the copyright law at present
Publishers of Popular Music in the Midst of a ferers. Nuff ced!"
in force was passed, such inventions as the
Very Active Fall Campaign—Evident Tend-
phonograph, pianola and other automatic musi-
ency to Recognize the Value of the Legiti-
COPYRIGHT AGAIN THE TOPIC.
cal instruments were unknown, and naturally
mate Dealer—The Professional Singer Not
no specific provision was made in the law cover-
as Popular as Formerly—Present Conditions
Approach of Congressional Sessions Make That
ing devices adapted to reproduce musical com-
Presage a Record Breaking Season.
Subject of Paramount Interest—M. W i t -
positions automatically. Consequently, authors
mark & Sons' Open Letter to Composers—
Attribute Their Conservative Attitude to the deriye from mechanical instrument manufactur-
The music publishers are not neglecting any
Uncertainty of the Copyright Situation—In-
ers no remuneration for their work represented
opportunity tnis month to push their goods, and
teresting Views on the Subject.
in the form of records and perforated rolls as
the activity displayed by the houses in popular
they do from the publishers when published in
lines is of the kind that commands attention.
the form of sheet music. That is to say, the
With the approach of the annual session of
One feature of tne brisk campaign this fall is
the slight attention being paid to the jobbing Congress the music publishers are thinking composers, notwithstanding the fact that mil-
houses. These accounts always stand ready to more or less seriously of copyright legislation, lions of dollars are earned annually by these
absorb whatever they can "get their hooks on," and as an earnest of this feeling the following manufacturers from the sale of such reproduc-
as one clear-headed publisher remarked with open letter to composers, real and prospective, ing devices, receive not one penny from the enor-
more force than choice of language. In other has been issued by M. Witmark & Sons, New mous industry which is based entirely and ex-
clusively upon the products of the composers'
words, publishers in this classification are grad- York, under date of September 30:
ually becoming convinced that the legitimate
"Dear Sir—To answer the unusual large num- (your) brains.
dealer is the real thing after all. For years ber of inquiries regarding our return of manu-
"Senator Kittridge in presenting his bill in
experts (save the mark!) have been engaged at scripts (among them yours) submitted to us, we favor of the author and composer, concedes the
theatrically "large" salaries to chase profession- find that in justice to all concerned we are ob- mechanical instrument to be a wonderful inven-
al singers to their respective lairs—up an alley liged to make the following statement: We have tion. At the same time, to use his own words,
or to the Waldorf-Astoria's lunch counter—and been and are compelled to return manuscripts 'these inventions, ingenious as they may be, are,
beg them, with tears in their eyes and a not-a- in pursuance of our forced policy to limit our however, as dead bones without the vivifying
small check in their hands, to "please, please, publishing output on account of the present spirit of the musician. It is he who creates
sing our stuff!"
chaotic condition of the sheet music industry. the thought they reproduce and sell. Without
The humor of this disagreeable situation is This is directly traced to the ruinous invasion him they would be nothing.' It is, therefore,
only equalled by its pathos. So that finally the of the manufacturers of mechanical instruments, without a question, your duty to yourself and
worm, or the publisher rather, has turned, and such as phonographs and automatic pianos. This fellow workers to enlist the services of your
instead of stopping this debilitating practice, disastrous condition affects you as well as it does United States Senator and Congressman to se-
accuses his contemporary of being the arch of- the most successful composer on our staff; for cure the passage of this bill and to write to
fender. This fact has been more than usually in the composition of music, success and. fame them, bringing the facts embodied in this let-
emphasized in the talk of publishers since Jerome have often come overnight, and in our long ex- ter to their notice. As thsir constituent you
H. Remick "spoke his little piece" in The Re- perience as publishers we have helped to bring are entitled to their utmost consideration and
view a couple of weeks ago. Since then the other success and honor to many so-called 'obscure' protection.
publishers, who fancied they had been unduly writers.
"The manufacturers of mechanical instru-
criticised, have handed the gentleman in point
"The sheet music publishing business can be ments claim that they help to popularize a com-
a few "hot ones."
restored to a healthy and paying basis both to position by making records and rolls of it, by
Commenting on business in general a publish- the publisher and composer by the enactment placing it in their machines, and therefore should
er said to The Review this week: "As trade of the new copyright bill now pending in the not be asked to pay any royalties. This asser-
now stands, we look forward to a great season. House and Senate, which is of great importance tion is false: Firstly, because they seldom, if
Inquiries are many and of a quality that presages to every composer. Upon the passage of such ever, reproduce a composition unless it has al-
sales of record-breaking size. To be sure, a bill we can resume our liberal policy and con- ready been tried and proven a success by tha
few houses complain; but these chaps are al- sider a large number of pieces for monthly pub- publisher—until the publisher has spent time,
lication. The now famous Paragraph E (first energy and many thousands of dollars to make
ways bemoaning their lot, so as a matter of
fact they do not count. We are paying more section), of this copyright bill, gives the author the composition a success—when they pounce
attention—in an intelligent way, mind you—to and composer the exclusive right to uss his com- upon this number Vulture-like and take it as if
the dealer. He is the basic fact, a proposition position for mechanical reproduction by means it had been their own property on which they
the publishers have ignored intentionally and of phonograph records and perforated rolls, of had spent their own money to promote the sue-
REVIEW OF TRADE CONDITIONS.
Vesta Victoria's New Hit
POOR
JOHN!
By the writers of
"WAITING AT THE CHURCH"
FRANCIS, DAY & HUNTER
15 West 30th Street
NEW YORK
LIVE DEALERS RIGHT NOW ARE
VICTOR
REALIZING PROFITS SELLING COPIES OF
KREMER CO.
CHICAGO
59 Dearborn St.
THE MOST POPULAR
MANDOLIN FOLIO
NEW YORK
1431 Broadway
PUBLISHERS
Published in the following books
1st Mandolin dlst 5Oc Introductory 20c
2d Mandolin
" 50c
"
20c
Guitar Ace.
" 50c
"
20c
Piano Ace.
" 50c
"
22 l Ac
K^"Send for complete descriptive circular and
thematic booklet. Don't delay. Write at once.
HINDS, NOBLE Q ELD&EDGE
31-33-35 West 15tK Street. New York City
"Under the Tropical Moon," "Won't You
Let Me Put My Arms Around Y o u , "
"Cinderella," Inst. and Song. "Not Be-
cause Your Hair Is Curly," " W i l l the
Angels Let Me Play," "Paddy," "Can You
Keep a Secret," "Vanity Fair," "I Never
Can Forget You Dear," Kremer's Mandolin
Folio, No. 1, etc., etc.
OUR "NEW ISSUE"
KEEP IN LINE WITH THE SUCCESSES
PROPOSITION
EVERY
ONE
WILL
SOON BE
SINGING
Is of Interest to all dealers—we furnish
you with any quantity ol our n e w
thematic catalogues 'without charge.
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—w rite us.
F. B. Haviland Pub. Co.
125 W. 37th Street, New York
"Somebody's Been Around Here Since I've Been Gone"
MAUDE RAYMOND'S Greatest Success in " The Gay White Way'
"When You Steal a Kiss or Two"
Sung by LOTTA FAUST in Field's All Stars Co.
"Vordoo Man/' "Fairies"
Sung by CECELIA LOFTUS in "The Lancers' 1
"Does It Pay?"
EVA TANGUAY'S latest whirlwind song, at Hammerstein's Victoria
PUBLISHED BY
New York
M . WITMARK
Chicago
SONS
London
Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
MUSIC TRADE REVIEW
49
that Smith's libretto was a thing apart from Her-
bert's music. He said: "The plaintiff's counsel
(Special to The Review.)
has a vague theory that the conjunction of the
Boston, Mass., Oct. 9, 1907.
book and music, each under separate and indi-
The Oliver Ditson Co. are making special in- vidual contract to the common owner, creates
ducements to the piano trade on their newest some new form or substance with rights de hors
publications in connection with the Musicians' the contracts, and which inhere in the plaintiff
Library, the Music Student's Library, and the without reference to the language of limitation
Ditson edition. In the first named edition it to which he has subscribed." Mr. Laski assert-
has brought out twenty piano compositions by ed that Weber had an absolute right as the li-
Haydn, songs from the operas for soprano, the censee of the play under contract with Smith to
Bach' piano album and Wagner lyrics for bari- use any music he desired, there being separate
tone and bass. For the Music Student's Library contracts with both Smith and Herbert and there
it has Hamilton's outlines of music history, half being no contract that Herbert's music must be
hour lessons in music by Mrs. Herman Kotzsch- used with the book.
SONG WRITERS' CLUB GIVES A DINNER.
mar; music club programs of all nations, edited
Both sides were given until Tuesday to file
by Arthur Elson, and counterpoint simplified, affidavits.
The new song writers' organization of New by Francis L. York.
York, known as "The Words and Music Club of
America," gave a beefsteak dinner Saturday
HAVILAND PRINTS ON THE BOARDS.
HERBERT=WEBER SUIT.
night in the rathskeller of the Hotel Metropole.
Sabel
Deane, of Marion & Deane, are the fea-
The club is only a few weeks old, but has a mem- Argument Heard Before Judge Seabury and
ture
act
at Pastor's, singing "Won't You Be My
bership of more than one hundred local writers,
Decision Reserved.
Honey?" On Sunday, September 29, the F. B.
among them Harry Williams, Jerome & Schwartz,
Justice Seabury in Special Term, Part I., of Haviland Pub. Co. had the following song hits
George M. Cohan, Alfred Robyn, Monroe H. Ros-
the
Supreme Court, New York, on Friday heard on at New York theatres: Keno & D'Arville,
enfeld, Maurice Levi and others. An interesting
argument
and reserved decision on a question "Won't You Be My Honey?" Alpha Comedy Four,
program was arranged, but no song writer was
of
theatrical
law which the lawyers in the case "That's Gratitude;" Clifford & Burke, "Monkey
allowed to sing his own songs. For this relief
asserted
had
never been passed upon by any Land;" Plunkett & Master Freddie, "Monkey
there were many thanks. Following are the
court.
The
alleged novel legal conundrum is Land;" Belle Brandon, "Make Believe;" Mabel
charter members of the club: Harry Williams,
Jean Schwartz, Maxwell Silver, Will A. Heelan, involved in an application which Victor Herbert Simpson, "Won't You Be My Honey?" and "Make
E. P. Moran, Pete Carroll, George Totten Smith, made to the court for an injunction to restrain Believe;" Marion & Deane, "Won't You Be My
William Redmond, Ray Goetz, Seymour Furth, Joseph Weber, John W. Dunne, Otis Harlan, Honey?" Mildred Hansen scored a terrific hit
B. Hapgood Burt, Tom Kelly, George Bell, Max Edgar Smith and Maurice Levi from continuing at Keeney's with Morse & Drislane's song hits:
S. Witt, Jack Mahoney, Herman Avery Wade, to produce the musical comedy "Dream City" "Won't You Be My Money?" and "Make Believe."
Mae Taylor has the house singing "Monkey
without his music.
Ed Rose, Ben Shields and William Jerome.
Nathan Burkan counsel for Herbert, said that Land" with her this week with "Mr. Wise from
Edgar Smith wrote the book and Herbert wrote Broadway" show. Rawson & Clare have added
NARROW ESCAPE FOR AUTOMOBIHSTS.
the music to Smith's lyrics in September, 1906. "Monkey Land" and "Make Believe" to their
He
said that "Dream City" was originally pro- clever act. Published by the F. B. Haviland
Marie Lloyd, the English singer; Alexander
Hurley, her husband; Percy Williams, the vaude- duced with Herbert's music and that the de- Publishing Co.
ville manager, and his wife, and Joseph Stern, fendants are now using Maurice Levi's music
of Jos. W. Stern & Co., the music publisher, and for "Dream City" in violation of Herbert's writs.
Fred. E. Belcher cables from London that on
his wife, New York, all narrowly escaped seri- Mr. Burkan contends that Smith's book and Her- behalf of Jerome H. Remick & Co., he has
ous injury in a collision of their automobiles bert's music are inseparable and must be used entered into an agreement with Francis, Day &
Saturday evening last. As it was Miss Lloyd jointly at all productions of "Dream City."
Hunter, of London, by which this firm will in
Leon Laski, counsel for Weber and the other future act as agents for the Remick publications
suffered a sprained ankle. Some of the others
defendants, denied these propositions. He said in England.
were cut by glass.
cess of the same. They never take the numbers
that have not found favor with the public.
"Secondly, we know positively that the grow-
ing demand of mechanical devices is everywhere
supplanting sheet playing musical instruments
in the homes of the people and is reducing the
sale of piano sheet music to such an alarming
extent that unless the composers receive a roy-
alty for the reproduction of their melodies by
such mechanical instruments, their prospects are
gloomy in the extreme for it is only natural that
the royalty on sheet music must decrease with
the falling off of sales thereof."
DITSON CO.'S SPECIAL INDUCEMENTS.
IMPORTANT ANNOUNCEMENT TO THE TRADE!
We are the Publishers of the Musical Numbers in the following two new and important musical
productions of this season. Now ready to fill Trade orders
JOE WEBER'S
NEW PRODUCTION, 1907-08
HIP!
BOOK and LYRICS by
Maody
60c
All I Want in the Wide, Wide World is You 60c
What's the Good
60c
Coon College
60c
Wander Otf Nowhere
.
.
. .60c
How'd You Like to T a k e Me Home With You, 60c
Fashion
60c
LJIDI
nlr!
UHADAVT"
nUVfiMl !
EDGAR SMITH — — — ™ ^
OR "A COLLEGE YELL
IN TWO SHOUTS"
MUSIC by GUS EDWARDS
You'll N e v e r K n o w W h a t Love Is, Until I
Love You
60c
Old Friends
60c
I'm a Business M a n
60c
Little Tootste T r i p p e r
.
.
.
. 60c
In Philadelphia .
.
.
.
.
.
60c
Selection for P i a n o Solo .
.
.
.
60c
Selection for Full Orchestra .
.
. $1.50
"
" Mandolin a n d Guitar .
. 75c
H i p I H i p ! Hooray! Two-Step, Piano
. 50c
** **
«
«
« Full Orch., $1.00
«
"
"
"
" Mandolin
and Guitar
50c
Complete Vocal Score
.
.
.
. $2.00
ALSO
ANNA HELD'S

GREAT PRODUCTION, 1907-08
Management F. Ziegfeld, Jr.
A PARISIAN MODEL'
Music by
GUS EDWARDS
Anna Held's Greatest " E y e " Song Hit
"I JUST CAN'T MAKE MY EYES BEHAVE."
LOVE YOU MA CHERIE"—"I'D LIKE TO SEE A LITTLE MORE OF YOU"
ALSO PUBLISHERS OF THE BIGGEST BALLAD SUCCESSES OF THE YEAR
"SCHOOL DAYS"
"SEE-SAW"
"THAT'S WHAT THE ROSE SAID TO ME"
" W o n ' t You Be My Baby Boy" " — " P a r e e " (Big Hit, "The Orchid")
(Sung i n " Gay Whita Way") etc.
" I f You Must Make Eyes a t Someone "
Write for our Fall Catalogs, Trade Discounts; Join our Dealers' "New Issue" Club
Address all communications to
GUS EDWARDS MUSIC PUB. CO.,

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