Music Trade Review

Issue: 1910 Vol. 50 N. 25

Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
THE MUSIC TRADE REVIEW
BURKAN ON THE COPYRIGHT LAW.
{Continued from page 47.)
copyright as were expressly conferred upon him.
All the rights usually incidental to the owner-
ship of a copyright do not follow.
"Singing an entire copyrighted song, even
though for the purpose of imitation or mimicry,
is an infringement of the coypright. I am of
the opinion, however, that the singing of a
chorus or a verse of a song for the purpose of
imitation in good faith is permissive upon the
theory of fair use. The good faith of such
mimicry is an essential element.
"On the question whether a title of a work
is protected under the copyright law the prin-
ciple has now been firmly established that the
owner of a copyright will be protected in the
title under the copyright where there is an in-
fringement in whole or in part of the work which
is the subject of the copyright. The title alone
may be protected upon the principles upon which
trade names and trade-marks are protected by
the courts.
As to English Copyrights.
"A question that deserves much more atten-
tion than it has received is that of the right of
American authors to acquire English copyright
when not resident within British dominions.
The right of Americans to English copyright is
open to much doubt. British writers apparently
realize that this uncertainty of the rights of
Americans under the British copyright laws in-
volves a serious danger to the rights which
English subjects are now enjoying under the
United States law.
"The fact remains that it is not possible at
present to give a positive answer to the question
whether British copyright can be acquired for
the work of an American author while he re-
mains without the British dominions."
MAURICE SHAPIRO ON THE WARPATH.
L. L. Withers is a new piano dealer at 308
Elm street, Dallas, Tex.
GET RIGHTS TO NEW PRODUCTION.
EDITORIAL
The following epigrammatic edi-
torial appeared in one of our
great weeklies:
"The high cost of living is
coming down. Beethoven's
Sonatas, in excellent edition,
now can be bought for ten
cents a copy."
Music Publisher Plans Steps to Obtain Back
Royalties Alleged to be Due on "Yip-i-Addy"
and Threatens to Order Another Search Made
for Copies of a Song Which He Declares to
Have Been "Pirated."
Royalties on something like half a million
copies of "Yip-I-Addy-l-Ay," sold in England
since that number was published, are now
sought by Maurice Shapiro, who published the
song and obtained copyrights on it abroad. Will-
iam Grossman, of the law firm of House, Gross-
man & Vorhaus, left for London early this week,
and it is through him that Mr. Shapiro hopes to
get an accounting of the sales of the song. Mr.
Grossman has been instructed to institute pro-
ceedings against a theatrical manager and a
music publishing firm. Mr. Grossman, as attor-
ney for Shapiro, will assert in the English
courts that these two have sold "Yip-I-Addy"
without returning royalties to him. Mr. Shapiro
says that remittances from the Continent, where
the song was a big seller, have been received
regularly by him. The song was introduced to
London by Alice Lloyd.
On the further course of the warpath Mr. Sha-
piro is contemplating ordering a search to be
made of the offices of a New York music pub-
lisher for copies of a song which he declares to
be a pirated version of "Ragtimeland," which
was sung in "Dick Whittington." The search
would be made, of course, on a writ of seizure,
such as Shapiro recently obtained against a local
music publisher with the result that more than
a thousand copies of a song alleged to be an in-
fringement on "When Rosalie Sings Chiribiri,"
were seized, only to be ordered returned later,
as told elsewhere in this issue.
M. Witmark & Sons Will Publish Music of
"The Girl in the Train," a Recent Success.
CENTURY MUSIC PUBLISHING CO.
1 178 BROADWAY, NEW YORK
INTERPOLATIONS IN NEW "FOLLIES."
Interpolated songs have been given consider-
able importance in the production of "Follies of
1910," which has been running at Atlantic City
this week, and which is scheduled to 'have its
New York opening next Monday night. The
score itself has received much commendation
for its tuneful numbers. It is published by
Jerome H. Remick & Co. Of the interpolations,
several songs published by the Harry von Tilzer
Music Publishing Co. are the most conspicuous.
Among these are "The Yodeling Rag," sung by
McMasters and Tyson; "That's Genuine, First-
class Yiddisha Love," sung by Bobby North; "I
Will Be Your Chantecler," sung by Lillian Lo-
raine; "Kitty Rooney," sung by Lillian Loraine,
and "The Pensacola Mooch." That two or three
decided popular hits will develop from among
these seems a foregone conclusion in view of
the reception that has been accorded them prior
to the New York opening.
F. E. BELCHER ON LONG AUTO TRIP.
F. E. Belcher, general Eastern manager of
Jerome H. Remick & Co., has been out of town
this week taking part of his vacation. At last
reports he was making an automobile trip from
Buffalo to Boston. Mr. Belcher has been an
enthusiastic automobilist for several years. Will-
iam Phillips, manager of the Eastern retail stores
of Remick & Co., was among a number of rep-
resentatives of New York music publishers who
went to Atlantic City last Monday for the open-
ing of "Follies of 1910."
M. Witmark & Sons have secured the exclusive
rights to publish the music of "The Girl in the
Train," a new musical comedy. The rights were
obtained through Hans Bartsch, and, as the piece
was recently produced in London by George
Edwardes with overwhelming success, the Wit-
marks are naturally pleased with the result of
the deal. Charles Dillingham will produce the
comedy in the United States early in the fall.
In its original form "The Girl in the Train"
was known as "Die Geschiedene Frau" ("The
Divorced Wife") and as such was a triumph in
Berlin, as it also is in England. "The Girl in
the Train" is an adaptation from the German
of Victor Leon, with lyrics by Adrian Ross and
music by Leo Fall. The music is described as
THAT
ITALIAN
RAG
A Hit of Hits!
A POSITIVE HIT!
A PROVED SELLER!
It referred of course to
CENTURY
EDITION
"delicious," the book and lyrics as witty and neat,
and the plot as uproariously funny. One musi-
cal number especially has captured the audiences
in London. It is known simply as "The Waltz
Song," and is expected to equal the "Merry
Widow" waltz in popular approval.
EVERY LITTLE
MOVEMENT"
By OTTO HAUERBACH and KARL HOSCHNA
Writers of the Big Successes,
By AL PIANTADOSI,
Creator of Italian Character Songs.
Orders poured in the very day after this
song was first sung at Hammerstein's
Victoria Theater.
GOING STRONGER EVERY D A Y !
PUBLISHED BY
LEO. FEIST, NEW YORK
" T H E THREE T W I N S " and "BRIGHT EYES"
H E A D HAS HITS
(George W. Head, Jr.)
WORLD'S GREATEST BALLAD
"Without You The World
Don't Seem The Same"
An EndleM Chain of Sales of This Song Will Start
From First Purchase.
Best Ballad Since the Time of Jenny Lind
THE HEAD MUSIC PUBLISHING CO.
1416 Broadway, Cor. 39th Street,
New York
The reigning Musical Hit from
"MADAME SHERRY"
Now Playing at Colonial Theatre,
Chicago
Sung, Whistled and Hummed Everywhere
SONGS FOR EVERYBODY!
"PLAYTHINGS
THAT'S ALL"
By John W. Bratton.
"MOTHER"
By Cooper & Frederics.
" I N THE SAME OLD WAY"
By Nat D. Mann.
Greatly in Demand. Order Now
M. WITMARK & SONS, Publishers
NEW YORK
CHICAGO
LONDON
PARIS
"WHEN YOU DREAM OF THE GIRL YOU LOVE"
By Leo Edwards.
"GO ON, GOOD-A-BYE "
By Brown & Murphy.
VICTOR KREMER COMPANY
108-1 10 Randolph Street, CHICAGO, ILL.
(Opposite Garrick Theatre)
Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
50
THE: MUSIC TRADE
REVIEW
at a place of amusement as there were at this
opening. In addition to those mentioned above,
Music Stores Active on the Boardwalk— were Adele Ritchie, Ben Harris, Mr. Nixon
Second "Gam Store" There Scheduled to (owner of the theater) and Mayor Story and
Open To-day—Many Varieties of Weather Mrs. Story. The piece was well received.
Disappoint Vacationists—"Girlies" Produced Jcseph Cawthorne, in the role of Oscar Spiel,
at ApoMo Theater as the Big Event So Far scored heavily. Violet MacMillan was beautiful
to look at and most pleasing as Bertha Day, a
This Season—Other Trade Gleanings.
college girl. The great lack in the show was in
not having more of Maud Raymond, who is seen
(Special to The Review.)
on the stage only about eighteen minutes, all
Atlantic City, June 11, 1910.
There are now eight retail music stores on the told, and who is greatly missed in other parts of
Boardwalk here, if we include the ten-cent the piece. There may not be many song hits in
stores. There is a possibility, too, that there the production that will sell big, with the pos-
will be two or three more here by the middle of sible exception of an Irish song named "My Irish
July. Starting at Windsor, where Shapiro's Girl." Stage business with this song would
second store will be located, the stores run to- make it a decided hit. Another very good song
ward the Inlet in this order: Jos. Morris', at is "Ring Me Up in the Morning," sung in the
the Exposition building; Woolworth's, Mc- last act. In this number a male chorus under
Crorey's, Remick & Co.'s, Jos. Morris, main the stage sang into mouthpieces connected with
store, Shapiro's "uptown" store and Weyman & telephones used on the stage in this song. The
effect is that of hearing a number in any of the
Son.
penny
arcades, except that you don't have to
Active preparations are well under way for
the opening of Shapiro's music store at 1029 hold receivers to the ears. The chorus work is
Boardwalk, the second of that publisher's stores the best seen and heard here in many a day.
on the Boardwalk. To say that the fixtures and The costumes are gorgeous and the scenery is in
decorations are to be lavish is to state the case keeping with the rest. Harry Breen scored a
too mildly. Mr. Hann, who is "special" car- big hit with his vaudeville act, singing his "ex-
penter for Mr. Shapiro and who superintends all tempo" song about various persons whom he
the openings of Gem music stores, has joined picked out in the audience. The only one he
Mr. Marshall, the local manager, in making the skipped was Blanche Ring. For a summer show
store a great surprise for Mr. Shapiro. The this should prove to be a hit in New York.
music publisher has given free rein in the form
HENRY I. MARSHALL.
of "go as far as you like." The store will have
its opening on Saturday, June 18.
The weather here has remained very much on
the Heinz order—which is to say that it has had
all the varieties. All who came to town to spend
last Sunday ran into the f>8th variety, for it cer-
THAT Remick & Co.'s new Song Shop on
tainly did rain, and rowboats were at a premium Broadway may have to be moved, a year hence,
on the Boardwalk itself. You would have "died" on account of the realty deal which will cause
to see the long faces of those who came down the tearing down of the Herald Square Theater
from Manhattan to enjoy a holiday.
building and probably the entire block between
Murphy's Minstrels had their opening at the Thirty-fifth and Thirty-sixth streets.
Steel Pier. Every one of the music publishers
THAT this is certainly to be regretted, as the
was represented. Vaughn Comfort, late of Evans' new Song Shop is one of the finest in the coun-
Minstrels, sang "You Are the Ideal of My try, and much hard work will be required to re-
Dreams." Clarence Marks sang "Garden of place it in some other location.
Roses," and Ed Cassidy sang "O, You Blondy."
THAT Frank Albert, of J. Albert & Sons, the
All the old favorites were received cordially.
music house of Sydney, Australia, has left New
Frederic Thompson, who produced "Girlies," York on his trip around the world and is now in
was here this week with his wife, Mabel Talia- Europe.
ferro. He will go to New York, of course, when
THAT Chas. K. Harris has sent a new man to
the piece goes to that city.
Chicago to take a vacant place on the staff of
Harry Williams, the song writer, with Mrs. Brother Joe.
Williams, has been at his new home at Long
THAT appearances indicate "The Summer
Beach. Mr. and Mrs. Van Alstyne were here Widowers" will continue to frolic through the
this week for the production of "Girlies." Will coming winter.
Von Tilzer and Herbert Winslow have been here
THAT Maurice Shapiro will keep busy in his
on their vacation. A few days ago Maurice Sha- warfare against alleged infringements, whether
piro wanted to play pinochle, so Winslow these be in Europe or America.
trimmed him three straight games. Mr. S. never
THAT one Walter Pyle, of Philadelphia, de-
wins in Atlantic City, he says.
livers himself of the following through Fra El-
Fred E. Belcher, of J. H. Remick & Co., was bertus: "My song, 'I'm the Doctor Wuh the
here for the opening of "Girlies." Remiok & Co. Eope,' is covered by copyright. I've stood all I
have the publishing rights of the music of will, and anybody putting it over after this will
"Girlies," and also have the right to the music consider himself pinched."
of "Follies of 1910," although Gus Edwards
THAT "The Girl in the Kimona" is the third
wrote most of it. Ed McKay and his wife musical production to be announced in the last
(Blanche Ring) were also here this week.
fortn r ght whose music will be published by Leo.
The event of the (so far) dull season was the Feist.
opening of "Girlies" (formerly "The Comic Sup-
THAT "The Summer Widowers" is to be
plement") at the Apollo Theater last Monday. classed as neither a musical comedy nor a comic
Seldom, even in the height of the season, are opera, but as a "musical panorama."
there so many celebrities gathered on one night
THAT GUS Edwards has formed a theatrical
NOTES FROM ATLANTIC CITY.

TflEREVIEWflEARS
producing company, the second firm he has
started while bankruptcy proceedings are still
pending against his former music publishing
company.
THAT Tillie must have had a real nightmare
after the lobster poisoning which caused the
closing of the Herald Square Theater for a
couple of performances.
THAT seven songs in forty minutes constitute
Vesta Victoria's present act, which she is pre-
senting on the Pacific Coast.
THAT "Poor John" is still included in her
repertoire.
THAT the "Follies of 1910," the music of which
is to be published by Remick & Co., is scheduled
to open at the Jardin de Paris, on the New York
Roof, next Monday night.
THAT "Under the Dinner Tree" is the most
successful song in "The Barnyard Romeo."
THAT the music of this burlesque on "Chante-
cler" is most pleasing and would be well worth
hearing even if there were no acting accompany-
ing it.
THAT the Jos. Morris Co. have enlarged their
offices, taking two adjoining rooms.
THAT George Green is now connected with this
company.
THAT Avery Hopwood has written the book of
a new musical play for Marie Cahill.
THAT the music will be composed by Silvio
Hein and will, presumably, be published by Sha-
piro.
IRENE FRANKLIN HAS NEW SONGS.
Irene Franklin's work in the "Summer
Widowers" is too scanty to satisfy the audiences.
As she does a specialty turn, however, along the
lines which made her famous in vaudeville, the
public has a chance to hear a couple of her new
songs. One of these is "Miss Dennett," a tale
of the dairy restaurants, as might be expected
from the title. The other new one is "I'm All
That's Left of the Pony Ballet," in which she
tells of the troubles of a chorus girl. One of
her best lines is, "I've rehearsed so much lately
that when I hear anyone swear I immediately
start to dance." The music of "The Summer
Widowers" is published by Chas. K. Harris, with
the exception of the songs in Miss Franklin's
speciality. All of Miss Franklin's songs in the
last few years have been published by Leo.
Feist.
VON TILZER MOVEMENTS.
Will Von Tilzer, of the Harry Von Tilzer
Music Publishing Co., has been in Atlantic City
for the last fortnight, but is expected back at
his desk to-day. Harry Von Tilzer has been so-
journing at his summer home in New Jersey,
and the business of the firm has been under the
direction of George Friedman, the sales manager.
Mr. Friedman is planning to take his family to
Mountaindale, Sullivan County, next week, but
does not expect to linger there himself save for
various week-ends during the summer.
ALL READY DEALERS!
'RIDE ME IN A BIG BALLOON'
By Harry D. Kerr.
"When You Marry A Girl For Looks"
By Harry D. Kerr.
"Don't You Worry, Little Girlie"
By "Dick" Hanch.
"THE CHANTECLER CRAZE."
(Great Comic March Song-)
" C - H - l - C - A - G - O . " " O h ! You Tease."
" Sometime, Sweetheart Mine, Somewhere."
"Happy Rag."
"Red Fern."
"Do You? Don't You? Will You? Won't You?"
"Gridiron" March Two-Step "Drop a Line to Cupid"
" If I Let You Sit Beside Me."
"Mary Jane, She's Got Another Sister."
"Way Out In Utah." "Airy Fairy Castle Land."
The House off Christopher
Grand Op«ra Hous« Building, Chloago
The One Charming Ballad Success for
the Spring and Summer
"IT'S ALWAYS JUNE
WHEN YOU'RE IN
LOVE"
By Chas. K. Harris
If
U1RRK
Columbia Theatre Bldg.
i Ri llJinniO) Broadway and 47th St.
MEYER COHEN, Mgr.
Send in your orders—they're good ones.
MILLER MUSIC PUBLISHING CO.,
515 So. Hermitage Avenue, Chicago.
ROBERT TELLER SONS t DORNER
Eajrivcre i f d PriMtcra
• • N O MANUSCRIPT AND IDEA OP TITLK
FOR EITIMATI
t u WOT 1Mb m m . ww YMI CITY

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