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50
THE
MUSIC TRADE
REVIEW
Conducted by B. B. Wilson
Arthur Wood, musical conductor at the Shaftes-
BESSIE WYNN AT THE ALHAMBRA.
bury Theater, said "The Mousme" waltz was writ-
Popular
Singer to Feature "What Happened to
ten by Mr. Monckton and Mr. Talbot, but the
Interesting Case Growing Out of Actions of
Mary"
at That Theater Next Week—Other
records
made
by
defendants
contained
only
the
Paul A. Rubens and Lionel Monckton to
Feist Notes.
music written by Mr. Monckton.
Determine Their Rights Regarding Repro-
William Boosey, managing director of Messrs.
duction of Their Compositions on Talking
Bessie Wynn, late star of "The Sun Dodg-
Chappell & Co., said that at the meeting with the
Machine Records Decided Against Them.
ers," is scheduled to appear at B. F. Keith's Alham-
record-makers he stated that he did not intend to
bra Theater as headliner next week, where she will
publish the music of "The Sunshine Girl" until
(Special to The Review.)
feature her latest musical comedy success, "What
July 1, 1912, as otherwise Mr. Rubens' music
London, Eng., Jan. 4, 1913.
Happened to Mary," which, by the way, is pub-
would
not
come
under
the
new
act.
He
had
next
The action of Paul A. Reubens to secure an
injunction to prevent Pathe Freres Pathephone, said that if they would agree not to issue the
Ltd., from making or selling gramaphone records records until July 1, he would bring out the music
reproducing, except under certain conditions, four at once. All present agreed to that, and further
songs composed by him for "The Sunshine Girl," agreed to obtain the consent of two or three
namely, "I've Been to the Durbar," "Here's to houses which were not represented at the meet-
Love," "Broghton," and "Get a Move On," and ing.
the application of Lionel Monckton for a similar
Mr. Sankey said that defendants had committed
injunction against the same company with regard
no wrong in selling, as they had sold, after July 1,
to 'The Mousme" waltz, was heard recently in the 1912, the records, which, in fact, had 'been made
King's Bench Division, before Mr. Justice Philli- before that date. His next point—which was one
more. Infringement was denied by the defendants, to which both the authors' and makers' protec-
who also said that the regulations under the Copy- tection societies attached very great importance-
right Act, 1911, did not apply to the music in
was that plaintiffs could not insist upon the rec-
question.
ord makers purchasing stamps or affixing them to
Council for plaintiffs explained that the case in- the records. He also argued that the regulations
volved a construction of the Copyright Act, which made by the Board of Trade were ultra vires the
was passed on December 16, 1911. Before the pass- act, and that they were not entitled to compel the
ing of the act there was no right in the author makers to purchase stamps or to affix them. De-
fendants had purchased more stamps than the
of a musical work to prevent the multiplication of
his work by mechanical contrivances. It was felt number of records which had been sold.
that there was a moral wrong, and the Act was
His lordship gave judgment in both actions for
passed to remedy it. There was three scales of
defendants, without costs. He wished, he said, to
royalties, namely, for works published before make it quite clear that in his opinion defendants
M \RY
July 1, 1910 (when the act was introduced), be- would have to pay Mr. Rubens for all records they
tween July 1, 1910, and July 1, 1912, there was a made of the four songs just as though these four
act came into force), after J-uly 1, 1912. From the songs had been written after July 1, 1912, and
time that the act was introduced the record mak- that though defendants had not to pay Mr. Monck-
ers had a three years' run free of royalty; be- ton for any records made before July 1, they had to
tween July 1, 1910, and July 1, 1912, there was a pay for whatever might be considered to be the lished by Leo Feist, Inc. The lyrics of the song
royalty of 2% per cent.; and after July 1, 1912, making or reproduction of records after July 1. are by Earl Carroll and the music by Lee Orean
there was a royalty of 5 per cent. Mr. Rubens With regard to the stamps, his lordship was of Smith. The special title page, showing a pic-
did not wish to have his songs published until opinion that the mode of payments must be accord-
ture of "Mary," is the work of Charles Dana Gib-
after the act had come into force, but, so that he
ing to the Board of Trade regulations.
son and reproduced by permission. Another new
might have the benefit of it, as there would be an
Feist number that is being heard to a great extent
advantage to both author and record makers if the
in vaudeville is "Sweetie Sweet," a song of novel
TO
AID
MUSICAL
EDUCATION.
music was supplied before that date, Chappell &
character, with words by Joe Goodwin and music
Co. summoned all the makers of mechanical rec-
In order to make the pupils of the public schools by Geo. W. Meyer. Since the purchase by the
ords to a meeting, at which it was agreed that acquainted with the oratorios of European com- Feist house of "I'll Be Welcome in My Home
the music should be supplied and the records made posers, the Moscow Symphony Capella has de- Town," there have, been no purchases of similar
ready.
cided to admit free of charge such pupils to its character. Too busy taking care of the one pur-
The means of collecting royalties was to be by general rehearsals. Every principal of a school chase, which has proven a decidedly wise invest-
adhesive stamps, which, as his lordship was aware, will be given a certain number o
was a form of collecting revenue which was known will distribute according to his own opinion, the according to Edgar Bitner, the sales manager.
in other acts. (Laughter.) It had been found only condition being that t>he pupils chosen should
that records were 'being sold without adhesive b among those of the higher grades.
MASSENET'S WORKS CATALOG.
stamps, but with a sort of red wafer issued by the
Record Makers' Protection Society. Mr. Shear-
Seventy-eight Volumes of Orchestra Parts in
"PARSIFAL" FOR THE MOVIES.
man contended that it was not sufficient that the
Massenet's Handwriting.
makers of records should keep count of the num-
The day after the "Parsifal" copyright will expire
The original manuscripts of the scores of the
ber of records sold, but that it was necessary that every moving picture show in the world will have
they should use the adhesive stamps which they an opportunity to show on a screen Wagner's late composer Massenet, which he bequeathed to
had to buy from the Author's Protection Society. famous drama. An Italian firm has the film com- the Paris Opera Library, have been cataloged. Mas-
He did not say that the makers were dishonest, plete, and pretty soon Wagner's work, that hitherto senet was always jealous of his manus:ripts and
and no case of that sort was made out at all.
was accessible only to the very wealthy, will become zealously guarded them. The works just cata-
loged include no less than seventy-eight volumes
The sole right conferred by the act was to make a popular play in the true sense of the word.
of
orchestra parts in Massenet's own handwriting,
records. To sell them without the authors' con-
v hich represent the twenty-five operas composed
sent was an infringement. Though Mr. Ruben's
DIFFICULT TO DEFINE.
by the master. Of all his great works only the
music was actually published before the passing
manuscripts of three are missing—those of "La
of the act, Mr. Shearman contended that by agree-
An American woman was singing a coon song in
ment it was to be regarded as if it had been pub- a London music hall, says the Saturday Evening Grande Tante," a short musical farce, through
which the composer made his first bow to the
lished after the passing of the act.
Post. Three young Londoners who had been out
public in 1869; "Don Caesar de Bazan," written in
taking dinner together came in. One of them had
1872, and a ballad entitled "Cigale," which was
recently returned from a short visit to the States.
Harold and Helen Ballou's
given as late as 1908 at the Opera Comique. While
The coon song, which was in ragtime, progressed.
POST CARD SONGS
the scores are intended to be placed in the Opera
The youngster who had been in the States wanted
Have Caught the Hearts and Purses.
Literary, yet as long as Mme. Massenet lives they
The ONLY novelty in printed music. Original,
to show he understood.
catchy, complete with accompaniment and pleasing
are to be in her possession.
sentiment. Samples, List and Prices at your call.
"Ow! I say," he shouted—"it's a rabbit! It's a
HAROLD AND HELEN BALLOU. Publishers.
rabbit! No—that isn't it. It's a bird ! It's a bird !
The Brusque Customer (in music shop) —
Maritime Building,
Seattle, Washington.
My word—that's wrong! Ow! I say, chaps, it's a Libretto, "Mikado."
They ginger up the mtriic trade.
bear! It's a bear! It's a bear!"
The New Assistant—I no speak Italiano.
COMPOSERS LOSE LONDON SUIT.
WHAT HAPPENED TO MARY