Music Trade Review

Issue: 1910 Vol. 50 N. 1

Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
THE MUSIC TRADE
About 50,000 keys have been given away already
to the audiences at the Morris theaters, and i t
is said that none has been found to have been
thrown away. It is reported that 100,000 keys
will be given away in this manner, and as they
cost four-fifths of a cent each the total expense
will be $800, exclusive of the cards. The songs
which Mr. Lashwood sings are published by T.
B. Harms and Francis, Day & Hunter.
MIMIC CANNOT USE SONG.
Preliminary Injunction Issued Restraining
Singer from Using Restricted Feist Publica-
tion—Important Precedent May be Estab-
lished.
The first legal action under the new copyright
law in the matter of alleged infringement
through imitation has recently been decided, for
the time being, in favor of the plaintiffs. The
United States Circuit Court, in this city, grant-
ed a temporary injunction asked for by Irene
Franklin (Green), the singer; Leo Feist, the
publisher, and others against Edna Luby, the
mimic. Miss Luby is enjoined from singing in
public "I'm A-Bringing Up the Family" until
the pending action has been finally decided. Miss
Luby used the song in imitation of Miss Frank-
lin. The plaintiffs set forth that the song was
written as part of a copyrighted sketch entitled
"The Queen of Vaudeville." The injunction, if
made permanent, will be far reaching, and the
precedent will protect singers throughout the
country. It will also protect music publishers,
although it is doubted if they are so anxious to
be "protected" from the widespread use of their
publications as are the singers. The comments
on the case made by Judge Noyes are of interest
to music publishers and the trade in general:
"The question is one of infringement," said
Judge Noyes. "The defendant admits that she
sings the copyrighted song with a musical ac-
SUPREME
IN ITS FIELD!!!
Dealers are satisfied with Century
Edition Ten Cent Sheet Music,
because the sales tell the story of
the high esteem in which it is
held by those who buy it.
The Best—Because It I s !
Century Music Pub. Co., '' 7N8 «?TotZ
CENTURY EDITION
LATEST HITS FROM
The House off Christopher
11
C-H-l-C-A-G-O."
"Do You? Don't You? Will You? Won't You?"
" Sometime, Sweetheart Mine, Somewhere."
"WAY OUT IN UTAH."
"Mary Jane, She's Got Another Sister."
"Airy Fairy Castle Land."
"OH! YOU TEASE."
THE HOUSE OF CHRISTOPHER
1 5 2 - 1 5 8 Lake Street, Chloago
REVIEW
companiment, but she says that she does so
merely to mimic the complainant, Irene Frank-
lin. The mimicry is said to be the important
thing; the particular song the mere incident.
But I am not satisfied that, in order to imitate
a singer, it is necessary to sing the whole of
the copyrighted song. If a whole song is re-
quired it is not too much to say that the
imitator should select for impersonation a singer
singing something else than a copyrighted song.
"Regarding the song as a musical composition
the complainants have the exclusive right to
publicly perform It. Subdivision E of section
5 of the copyright law gives the exclusive right
'to perform the copyrighted work publicly for
profit, if it be a musical composition.' It is not
disputed that the complainant Green has the
right to produce the song under the song copy-
right issued to the complainant Feist. The song
in question—a number of the sketch—was copy-
righted by the complainant Feist as a musical
composition before the copyright of the sketch,
and I do not understand that any question is
raised as to the validity of such copyright."
THEREVIEWflEARS
THAT "A Happy New Year" will come only to
those music publishers and dealers who are
abreast with 1910 Jn business methods.
THAT the, year just past proved the folly of
discords in the office as much as has always
been the case with the office productions.
THAT "many returns of the day" is neverthe-
less the wish of The Review for everyone, big
and little, in all departments of the business.
THAT a new song was sung a t the year-end
meeting of the Knockers' Club, viz., "I'm Afraid
He's Made a Hit."
THAT Chas. K. Harris has changed his plans
for his European trip, postponing the start until
May. He will be gone three months.
THAT his new offices, at Seventh avenue and
Forty-seventh street, to be occupied in a week
or two, are officially at Broadway and Forty-
seventh street.
THAT "Tillie's Nightmare" proves to have
been quite an agreeable and musical dream,
after all.
THAT the singing of "Those Wedding Bells
Shall Not Ring Out," by Imogene Comer at
Hammersttin's last Sunday, made many think
that "those were the happy days" a decade or
more ago.
THAT Carl Laemmle, head of the Music House
of Laemmle, is the defendant in a suit brought
in the United States Court in this city, but that
it is of the harmless variety, having to do with
moving picture films and not his publishing busi-
ness.
THAT the phonograph companies are at last
being heard from in the matter of making rec-
ords of songs published since July 1, last.
THAT one or two of the larger publishers are
finding it more difficult than formerly to have
really satisfactory slides made for their songs.
THAT the winning song of the "amateur"
writers' contest recently held at the Plaza Music
Hall has been published in this city.
THAT an attempt now being made to revive
the demand for "Silver Threads Among the
Gold," which everyone knows to be fully a
year old, causes query as to how soon we shall
CANNON BALL RAG
Is making more noise than any
other rag ever published. It is
hard.
CHERRYLEAF RAG
is also selling fine.
It is easy.
VICTOR KREMER CO.
CHICAGO
152 LAKE STREtT
hear from "White Wings," "I Don't Want to
Play in Your Yard" or "Sweet Marie," not to
mention "Those Endearing Young Charms."
THAT, although professional copies are bein^
distributed according to custom and illustrated
slides have been made for singers, the song
bears the notice, "Public performing rights posi-
tively restricted and reserved exclusively for
Mile. La Titoomb."
THAT "The Goddess of Liberty" stands as the
musical beacon on Broadway, which, like the
noble statue holding aloft and so on, od libitum.
THAT coincident with the entrance of the new
year is the birth of an addition to the Gus Ed-
wards family, heralded by him as bound to grow
more popular than "Sunbonnet Sue," although
she's only "A Poor Little Girl."
THAT Jack Mahoney, lyric writer with the
Theodore Morse Publishing Co., has written a
book called "A Quiet Evening at Home," which,
notwithstanding its name, contains some bright
sayings and parodies.
THAT the building occupied by J. H. Remick
& Co. in West Forty-first street has already been
outgrown by the New York branch of the busi-
ness, and is, accordingly, being remodeled so as
to afford more space.
(Greeting!
"Do, re, me, fa, so,"
Nineteen Nine had to go!
But it leaves you still a song
Of joy for 1910, you know;
So sing on, "do, re, me, fa, so,"
And take life easy as you go!
NEW YORK
LEO FEIST.
T. B. Harms & Francis, Day
& Hunter
HARRY LAUDER'S
SONG HITS
Successful Sonsrs in
•KITTY GREY," "FLUFFY RUFFLES'
"GIRLS OF GOTTENBERG." Ac.
Eastern Representatives ol
Clayton S u m m y Publication!
Complete Stock of fiote & Bock
and N. Slmrock of Berlin
1431 BROADWAY, NEW YORK
Thompson's Late Hits
"There's Something Fascin-
ating About the Moon"
"June, July, and August"
"Are You Lonesome?"
" Black Eyes "
and a lot of others.
Ask your Jobber for them
NEW YORK
THE THOMPSON MUSIC CO.
1367 BROADWAY
3 4 6 Wabaah Avonue, CHICAGO
22579 K
Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
50
THE
MUSJC TRADE
REVIEW
entire cast. Incidental music has been special-
ly written for the piece by Theodore Westman,
First Work of New Composer Is Accepted and music publisher of this city, who is also com-
He Joins the Ranks of Chas. K. Harris' Mu-
poser of the songs used in "The Call." The song
sical Army, All in a Few Hours.
feature of the production is "Senorita." The
When "Brown of Harvard" opens as a musical
lyrics of the interpolated songs are by Richard
"Maid in Germany" is the title of a new musi- Goodall, author of "Here"s to the Rose." "The show, as it will some time this month, with
(al production which has been accepted by a Call" is scheduled for a New York appearance Blanche Baird and Jack Gardner as principals,
prominent New York manager and which will some time this month.
most of the songs that will be used in the piece
1 e presented by him this season. The music
will be publications of the house of Leo. Feist.
is by A. C. Johnstone and the book by S. B. Cas-
A new song which that house issued a few
"DIXIE"
MOST
POPULAR
SONG
OF
ALL.
sin. This is Mr. Johnstone's first work, and its
days ago is "Let Georgie Do It," which follows
acceptance for presentation marks a chapter of
Famous Composition Given Its Rank Officially—
the ideas presented in MacManus'cartoons in the
a story which may provide encouragement and
Its Fault Is Difficulty of Singing I t —
New York World. It is now being sung by
food for thought for those composers and au-
"Yankee Doodle" in Second Place.
Emma Janvier in "The Silver Star."
thors who are wont to cry that it is no use to
A character song act has been prepared, as the
'Dixie" has been proclaimed officially to be vehicle in which Loury and Spencer will appear
seek a hearing, since they cannot get one with-
first among American songs and music in "patri- in vaudeville. All of the numbers were written
out a "pull."
As told to The Review this week by Chas. otic popularity." Despatches from Washington, by Felix Feist and are published by Leo. Feist.
K. Harris, who will publish the new piece, the D. C, relate that this distinction has been con- "Be Jolly Molly' and "Way Down in Cotton
story is that Mr. Johnstone walked into his office ferred by no less an authority than O. G. T. Sen- Town," both of which are by Piantadosi and
unknown, with the manuscript of "Maid in Ger- neck, chief of the division of music of the Library Leslie are two more Feist products which are
many" under his arm. Mr. Harris consented to of Congress. Mr. Senneck says in effect that all being featured by prominent vaudeville acts in
hear representative selections of the production that "Dixie" needs to become the real national various parts of the country. Felix Feist de-
at once, and after a little further examination air is a dignified, high-sounding set of verses. clares proofs are positive that "they are blos-
of the manuscript agreed to publish it and to He has issued an exhaustive report on five fa- soming into blooming big hits."
find a producer. Within a few hours the mana- mous musical compositions. He places "Yankee
William H. Penn, manager of the New York
ger had been found and had accepted the piece. Doodle" second in popularity, but says it is no branch of the Music House of Laemmle, has just
In the meantime Mr. Harris had signed Mr. John- longer a national song, only a national tune. The completed negotiations which really constitute a
stone to give his services as a composer to the trouble with both of these songs is that, no mat- fine business "stunt," whereby five new songs
ter how stirring they may be, they are unsing- which the Laemmle house is to publish will be
Harris establishment for a term of years.
ahle by the average audience, even a trained used as the numbers in an act in which Julian
chorus having difficulty with them. .
Eltinge will appear during his coming trip to
'THE ARCADIANS" IS PRESENTED.
The "Star Spangled Banner" comes third in the Pacific Coast. Mr. Eltinge will be co-star
Walter Eastman, manager of the New York the public's affection, according to Uncle Sam's with Harry Lander on this trip, which will be
branch of Chappell & Co., Ltd., went to Phila- authority; then follow "America" and "Hail, Co- one of four weeks, beginning January 3, and is
delphia Monday and attended there the per- lumbia." He gives fourteen variations of the regarded as one of the big vaudeville events of
formance of "The Arcadians," which was pre- "Star Spangled Banner," showing its gradual the season. The song-s will be "Lady or' Mys-
sented at the Forrest Theater for the first time modification and polishing. He names 1832 as tery," "In the Days of Long Ago," "Under the
in this country. This English musical produc- the year in which "America" was first sung Honeymoon," "Spanish-American Ragtime," and
tion, which has been running successfully in publicly, but he cannot learn the exact date or a fifth, for which the title has not yet been
London for nearly two years, is the work of place. "Hail, Columbia," has the advantage of
chosen. That such prominent presentation of
Lionel Monckton and Howard Talbot. It is pub- being strictly American in words and music, but the songs will create a big demand for them
the origin of the music of "America" and "Star goes without saying, as their merit seems to be
lished by Chap pell & Co.
That company have practically concluded ar- Spangled Banner" can be traced to England.
established by their selection for this act. The
rangements for the publication of a new opera
lyrics are by Raymond A. Brown. Just to show
by Franz Lehar, composer of the famous "Merry
that he is "on the job" Mr. Penn himself wrote
CITIES SUPPORT ORCHESTRAS.
Widow." But whereas there may have been Nineteen Municipalities in Germany Appro- the music.
some ground for dispute as to the copyright
"My Cousin Caruso," "Schoolmates," and "My
priate Funds for the Purpose.
ownership of that big success, it is understood
Old Lady" are still being featured in vaudeville
that the copyright of the new work will be ab-
The campaign which has just been set afoot
by Gus and Leo Edwards, who has given their
solutely unquestionable.
for the creation of a great municipal orchestra sketch at the Greenpoint Theater, Greenpoint,
in Berlin, Germany, reveals the interesting fact
L. I., this week, and will be at the Colonial
that no less than nineteen German cities sup- Theater, New York, next week. The Edwards
NEW DRAMA USES WESTMAN'S MUSIC.
port orchestral organizations out of their muni- boys have recently added a new song to their
"The Call," a new three-act drama by Joseph cipal funds.
act. It is "Was Iss Los Mit Louie?" and has
Byron Totten, was produced last Saturday night
Aix la Chapelle has maintained one since 1852 only just been issued by the Gus Edwards Pub-
in Kingston, N. Y., by Leander Sire. It is a and several cities since the early sixties and sev- lishing Co. It has already •'caught on," and has
story of life in Mexico, and has the unusual enties. The annual subsidies range between the audience joining in the chorus.
feature of requiring only four characters in the $12,000, in the case of Augsburg, to $65,000, in "Schoolmates" and "You'll Do the Same Thing
the case of Leipsic, which provides the sinews Over for the Red, White and Blue" are Edwards
for Arthur Nikisch's internationally famous or- publications which are being used successfully
ganization.
in vaudeville by Miss Dolly Randall. On the
There are one or two towns of less than 50,000 strength of "My Old Lady," Will Morrissey, who
The SMALL Publisher with the BIG Songs
population which support town orchestras out of
recently returned from fehe Sullivan-Considine
Which Resist Fire and Water—Must Be Good,Eh?
the tax fund.
circuit, has received new booking. He is to add
"Senorita"
"Lord, How He Can Love" to his songs. In
Beautiful Spanish Serenade.
Baltimore Harry Gilbert has been singing this
NEW PRODUCTION A FUN MAKER.
week "Rose Marie," "My Old Lady," and "Lord
"Laughing Fawn"
Lew Fields' Latest, "Tillie's Nightmare," Scored
How He Can Love."
Best Indian Song Yet.
"MAID IN GERMANY" QUICKLY TAKEN.
THE MUSIC MIRROR
THEODORE WESTMAN
"Just Take Me As I Am"
Sentimental Slang Classic.
REMOVED TO
1431-33 Broadway
New York City
D E A L E R S
Are you selling these songs?
" Calling Dear Gome Home," Barn Dance
" Loving Loving all the Time "
"Day Dreams"
," When the Honeymoon is Over "
"There Is Something We Have Missed"
Published by
CARRIE
FOWLER
812 Ferguson Bldg. — Springfield, 111.
Quite a H i t at Albany.
Coleridge Taylor will pay a third visit to
"Tillie's Nightmare," a new musical produc-
America next year and conduct a t Norfolk,
tion in which Lew Fields presents Marie Dress-
ier, was given for the first time Christmas Eve Conn., and other places his "Hiawatha," also a
in Albany. The piece had a very successful new orchestral rhapsody on negro melodies.
opening, advices from Albany stating that Miss
Dressier, in the character of Tillie Blobbs, a
boarding house drudge, kept the audience in a
constant whirl of laughter. "Tillie's Nightmare"
was written by Edgar Smith, with music by A.
Our latest issues are meeting with big de-
Baldwin Sloane. The score and numbers are
mand. They are good and you should have
published by Chas. K. Harris.
them if you are looking for business.
Send for catalog and order sample copies
at our special price for same—and convince
ROBERT TELLER SONS & DORNER
yourself.
DEALERS
Mask Eagnvcrs aad Printers
• • N O MANUSCRIPT AND IDEA OF TITLE
TOR ESTIMATE
HI
nun, low Ytii a n
MILLER MUSIC PUBLISHING CO.,
515 So. Hermitage Avenue, Chicago.

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