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70
THE
MUSIC TRADE
REVIEW
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tVSIC rVBLISHIJW
Conducted by B. B. Wilson
AMERICAN MUSIC REPRINTS BARRED FROM CANADA
SCORING WITH "GEORGIA LAND."
By Decision Handed Down by Court in Toronto in Action of Hawkes, of London Against
Whaley, Royce & Co.—Protection of British Copyright Upheld.
New Southern Song Proves a Feature of "The
Wall Street Girl"—Sung by Blanche Ring.
(Special to The Review.)
Toronto, Ont., Feb. 17, 1913.
The idea has apparently long prevailed in the
minds of certain music publishers in the United
States that it was legal for Canadian dealers to
sell American reprint editions of English copy-
rights, a Canadian edition of which had not been
especially copyrighted and printed in Canada, but
now as far as this question is concerned all doubt
has been placed at one side by a judgment given
in the case of Oliver Hawkes against Whaley
Royce & Co., Ltd.
Messrs. Hawkes, of London, started a case
against Whaley Royce & Co., of Toronto, to pre-
vent them from importing and exposing for sale
the Carl Fischer reprint edition of the "Otto
Langey Tutor ior Violin," which is a British copy-
right owned by Oliver Hawkes. A perpetual in-
junction with costs was granted against Whaley
Royce & Co. on Friday of last week.
The decision of Justice Middleton, High Court
Division, Supreme Court of Ontario, follows:
"1. This court doth order and adjudge that the
defendants, their officers, servants and agents be
and they are hereby perpetually restrained until
after the expiry of the plaintiff's copyright in and
for the British Dominion now existing in the
musical book or publication known as 'Otto
Langey's Tutor for the Violin,' from printing or
causing to be printed, or importing for sale or
selling, publishing or exposing to sale or hire or
causing to be sold, published or exposed to sale or
hire, or from having in their possession for sale
or hire without the consent of the plaintiff, any
copy or copies of reprints of the plaintiff's said
publication published by one Carl Fischer, of the
THAT the desire of certain music publishers to
avoid the similarity of song titles does not appear
to be overwhelming.
THAT, however innocent the intention, the pub-
lisher who follows with a song title similar to that
of a promising hit labors under a disadvantage.
THAT Jean Schwartz is halting the work of
forming new companies while taking a rest at
French Lick Springs.
THAT J. T. Roach, manager of the music depart-
ment of Hinds, Noble & Eldredge, has a reason for
that happy grin he is wearing these days. It's a
girl.
THAT those "Tabloid Truths" by Earl Carroll, in
the Feist ads., are well worthy of consideration.
THAT, with all the system in the regulation of
details in the British music publishing trade, pirat-
ing still appears to be flourishing in that country.
THAT the heavy punishment meted out to the
offenders does not make up to the publisher the
amount lost in his sales.
THAT in a certain professional manager's office
on Monday there was a pile of checks over an inch
in height, waiting to be claimed by singers for
last week's work.
city of New York, in infringement of the plaintiff's
said copyright, under the title of 'Otto Langey's
New and Revised Edition of Celebrated Tutor to
Violin,' or any other reprints or copies of plain-
tiff's said publication published in infringement of
the plaintiff's said copyright.
"'2. And this court doth further order and ad-
judge that the defendants do pay to the plaintiff
his costs of this action, including costs of this
motion forthwith after taxation thereof."
This case is tremendously important, as it will
prevent American music publishers in future from
importing copies of the reprint editions. It may
not be out of place to give a list of some of the
principal numbers of which American reprints
are being sent into Canada:
"I'll Sing Thee Songs of Araby," Clay; "An
Evening Song," Blumenthal; "A Creole Love
Song," Moncrieff; "Queen of My Heart" (Doro-
thy), Cellier; "The Garden of Sleep," DeLara; "A
Warrior Bold," Adams; "Angus Macdonald,"
Roeckel; "Across the Stream," Roeckel; "Beauty's
Eyes," Tosti; "Venetian Song," Tosti; "The
Bandolero," Stuart; "Dear Heart," Mattei; "The
Throstle," White; "Thou'rt Passing Hence," Sul-
livan; "Thou Art Weary," Sullivan; "Echo," Som-
erset; "All Through the Night," Somerset; "Valse
Bleue," Margis; "Merry Widow Waltz," Lehar;
"Waltz Dream Waltz," Straus; "Sourire d'Avril
Waltz" (April Smiles), Depret; "La Mattchiche"
(La Sorella), Borei-Cierc; "Au Printemps,"
Thome; "Clair de Lune" (Moonlight), Thome;
"Voice Training Exercises," Behnke and Pearce.
A series of test cases will now be taken by
Messrs. Moss on behalf of the English publishers
in the principal towns of Canada.
THAT more than one of those in close touch
with the trade and the results of such song, plug-
ging ask, "What's the use?"
THAT the latest Harris ballad, "Not Till Then,"
is proving one of the greatest successes that has
found a place in the catalog of that publisher in
recent years.
THAT the members of the Feist staff declare that
"Then I'll Stop Loving You" will equal the record
of "That's How I Need You" as a ballad success.
THAT a new consolidation of music publishing
interests is expected to take place in a very short
time.
Blanche Ring, the popular comedienne and vocal-
ist, now touring the country with her delightful
musical comedy, "The Wall Street Girl," is at-
t: acting attention wherever she appears with her
charming rendition of a finely written song of the
sunny South, entitled "Georgia Land," in which
she is assisted by Will Carleton. "Georgia Land"
h a novelty song of decided merit for which a
lasting success is a safe prophesy.
The words were written by Arthur Fields, and
the music by Harry Carroll, well-known writers of
"On the Mississippi" and other popular ditties.
WHEN BRAGGING DIDN'T PAY.
Music Publisher Discovers That the Man Ab-
sorbing His Enthusiastic Report Regarding
a Song Was Its Composer—Tableau.
Two gentlemen, riding down to business in a
Chestnut street car, the other morning, were dis-
cussing a new song advertised therein. "That's a
great song, sir; one of the leading hits of the
season!" said the first gentleman.
"I wonder how it is selling?" inquired the second.
"Selling like whiskey at a Kentucky horse race.
Never saw anything like it. You see, I am the
publisher and ought to know," returned the first
speaker.
"Is that so? Your information delights me. I
am the composer," exclaimed the other.
Immediate change of countenance on the part of
the publisher, as he remarked: "Well, that is, it
hasn't had much of a sale yet, but I think it will
go after a while. It's a big risk, you know, getting
out a new song, and requires hard pushing and lots
of advertising."—Philadelphia Item.
A DEFENSE_OF RAGTIME.
Syncopation Proved Valuable to Famous Com-
posers in Many Tight Places Is Claim of
British Paper—Best Is Pleasing Music.
It is borne in upon us that ragtime has come to
stay. What is ragtime? It is distorted syncopa-
tion, but, by whatever name you called, it would
sound as sweet. It is an upheaval, if you will; it
is a desecration of form; it is not "on the panel"—
new term this—it is declasse. Still, it lives and
moves and has its being.
Rather than resent its encroachment, musicians
ought to welcome it as an additional force, a new
means. From Beethoven to little Jones of Clap-
TO DO OWN PUBLISHING.
ham, syncopation has always helped the lame dog
Will Von Tilzer Retires from Harry Von Tilzer of melody over the bar; the Americans have gone
one better—that is all. The Latin tag to the effect
Music Co. for That Purpose.
that it is becoming to unbend on occasion must
come to mind even to the strict theorist when he
Will Von Tilzer, who has long been general man-
ager of the Harry Von Tilzer Music Co., has sold
hears such things played on the gramophone or
out his interest in that firm, and will engage in performed at the theatre. The best definition of
music's aim ever devised was that it was to give
the business of music publishing on his own account
in the Forty-fifth Street Exchange building. Harry
pleasure. It has its serious mission, no doubt, but
Von Tilzer will continue the old business at its that is, after all, to give enjoyment to the emo-
tions, even the dirge, which stimulates " the luxury
present address, 125 West Forty-third street.
of tears."
The Montenegro-Riehm Music Co., Louisville,
But music at its best is amusing music. That
Ky., has opened a branch store in Winchester, Ky.
way lies ragtime, says Music of London.
Messrs. Shubert In association with Oliver Morosco present
THE
1VIAIM W I T H
MUSIC BY FRANZ LEHAR
Rose of Yesterday (Waltz Song)
The Vale of Dreaming (Lullabye)
. . . .
The Vale of Dreaming (Lullabye) D u e t . . . .
Kisses That I Have Missed
The Tale of the Jealous Cat
.
(Music by Al. W. Brown)
'' '
CHAPPELL
& CO., LTD.
$0.60
.60
.60
.60
,60
THREE
LYRICS BY HAROLD R. ATTERIDGE
Love's Flower is Always Blooming-
There's Always a Girl who is Waiting
Love's Fairy Tales
The Poor Cadets
Hello! Hello!
(Music by Al. W. Brown)
New York, 41 E. 34th St.
$0.60
90
60
90
90
Toronto, 34T Yongc St.