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THE MUSIC TRADE REVIEW
Conducted by B. B. Wilson
SHUBERTS TO STOP. GRANTING OF PUBLISHING RIGHTS.
SUIT OVER "MIDNIGHT GIRL" MUSIC.
Much Interest Displayed in Announcement of Prominent Managers Regarding the Music of
Their Plays—Doubts Expressed Regarding the Sincerity o f t h e Policy—Some of the Claims
Made by the Shuberts as the Basis for Their New and Very Interesting Decision.
Stern & Co. Seek Restraining Orders Against
the Composer of Two Successful Numbers in
the Show and Also Against the Shuberts
Under Alleged Agreement.
No more will the ambitious music publisher
clean up a fortune or, as is more frequently the
case, nil up his shelves with music that might
have sold if the show had proven a success,
through having secured the publication rights for
the music of the productions under the manage-
ment of the Shuberts. The following announce-
ment, published last week in The New York Re-
view, in many respects a mouthpiece of the Shu-
berts, serves to explain the new turn of affairs;
'"liereatter no musical plays controlled by tile Messrs.
Shubert will be published either in part of in whole.
"The managers have come to this decision because of the
impossibility of preventing burlesque shows, vaudeville
Victors and cabaret performers from pirating the best things
from operettas and musical comedies when it is easy ior
them to secure copies of the music.
" I n the past most producers have looked upon the sale
of the publication privilege, or royalties upon published
songs and scores, as an easy source of income.
"liut the Messrs. Shubert have learned from experience
that the amount gained in this way dues not nearly coun-
terbalance what is lost through the premature deatn ot a
musical play through having its 'Hits' sung, orchestraed,
phonographed and pianolaed all over the land prior to the
tour ot the play.
"The copyright law and the law against piracy do not
offer sufficient protection, because it is impossible to keep
a watch upon hundreds of actors and singers scattered tu
the tour points of the compass.
"Many is the time, when a New York success has visited
other cities the season alter its metropolitan triumph, it was
looked upon as old because the chief musical numbers hau
been made familiar by restaurant orchestras, variety singers,
cabaret artists and burlesque troupes.
"A number of instances might be mentioned of where
operettas have been given in distant cities by stock com-
panies under assumed names, something which would be
impossible if the music had never been published.
"A case in point is that of Marcelle,' in which i^ouise
Gunning starred a few seasons ago. when the company
reached the Pacific Coast a couple of years after the Last-
em success of the piece it was found that 'Marcelle' had
been done from Vancouver to Los Angeles by a third-rate
stock troupe under another title.
"The Messrs. Shubert have adopted the plan of no publi-
cation in it& fullest sense, and will henceforth produce no
musical play whose composer does not agree to forego the
lure of Tin Pan Alley. The plan will be as profitable ior
composer as for manager in the long run, because it will
lengthen the time during which he can draw royalties from
the production. Instead of a musical piece being good tor
two years it will last four.
"When such a play has made a success, and the fame of
its 'hits' gotten abroad, the public will be all the more eager
lu patronize the play, seeing chat there will be no oppor-
tunity to hear its numbers m cafes and vaudeville houses.'
At the Shubert offices the printed statement was
confirmed, but not enlarged upon. It is a big
question as to what the managers expect to gain
by their new attitude. The claim that more
people will go to see a musical play if they are
unable to hear the music outside the theater is
ridiculous on the face of it, for the popularity of
the music has done much on more than one
occasion to attract attention to a show that was
otherwise worth very little.
The statement that the composer will profit by
drawing royalties for a longer period is also far-
fetched, for in all too many cases the musical
productions only last a month or two and the only
real income the composer enjoys is the ro>aity
from the publishing rights to the music or the in-
terest on the amount paid down in lump sum for
those rights.
If the Shuberts had put the new plan into force
a couple of years ago we know of several pub-
lishers who would have saved money by not pub-
lishing the music of productions that went to the
wall within a few weeks. At all events, the effect
of the new policy will be watched with interest by
a more or less skeptical trade.
An application for an injunction to restrain the
Shubert Theatrical Co. and Jacob J. Shubert, one
of its directors, from continuing the two most suc-
cessful musical numbers in "The Midnight Girl"
was made last week to the Supreme Court by
Joseph W. Stern & Co., music publishers.
Sigmund Romberg, who is alleged to be the
author of the numbers in question, is also named
as a defendant in the suit, the Sterns alleging
that through a "wrongful and malicious con-
spiracy" the defendants tried to keep from them
the profits of "Honeymoon Land" and "The Mid-
night Cabaret."
On August 11, 1913, the complaint sets forth,
Joseph W. Stern & Co. entered into an agree-
ment with Romberg for the exclusive rights to all
his compositions.
The agreement worked all right until "The Mid-
night Girl" hove into sight, say the papers.
"The Midnight Girl" contained two numbers
which attracted attention, but the defendants care-
fully concealed the fact that they were from Rom-
berg's pen, it is charged. Apparently elated by
his success with "Honeymoon Land" and "The
Midnight Cabaret," the Sterns are sure Romberg
is planning to compound other fractures of their
agreement "pursuant to the aforesaid conspiracy."
Accordingly, they demand an injunction perma-
nently restraining Romberg from producing any
of his works in violation of their agreement, an
order restraining the Shubert Theatrical Co. and
Jake Shubert from continuing the two numbers
in the performance of "The Midnight Girl," and
ask that the rights to the two songs be turned
over to them forthwith.
NEW SOCIETY^ GROWING.
BOSTON PUBLISHERS TO DINE.
DEATH OF C. W. GREENE.
Increasing Membership from Among the Well-
Known Composers, Songwriters and Publish-
ers—Interesting Developments Looked For.
Postmaster Mansfield to Be Guest of Honor at
Bi-Monthly Dinner of Association on April 14.
Composer, Editor and Member of B. F. Wood
Music Co. Staff Died Last Week.
The newly organized American Society of Com-
posers, Authors and Publishers is reported to be
making excellent progress in the matter of increas-
ing its membership especially among the more
prominent composers, songwriters and publishers.
The society has not yet announced any definite
plans for the collection of royalties for the public
performance of the works of its members, but it
is believed that when the organization is fully
completed and in running order some interesting
developments are to be expected.
(.Special to The Review.)
(Special to The Review.)
BOSTON, MASS., March 31.—The bi-monthly din-
ner of the Boston Music Publishers' Association
will be held on the evening of April 14, probably
at the Parker House, although that has not been
definitely determined. An important report will
be submitted at the meeting in regard to parcel
post, a matter, it will be recalled, that came up
conspicuously at the last meeting. The report will
be submitted by the committee that at the earlier
meeting was empowered to give the matter atten-
tion—B. M. Davidson, W. A. Smith and C. W.
Homeyer. This committee has gone into the sub-
ject very thoroughly since the last meeting with
NEW COMPOSERMAKES GOOD.
Postmaster Mansfield, who himself will be a guest
The Theodore Morse Music Co. feels that it has of the association and explain the workings of the
a real "find" in Malvin Franklin, who recently parcel post and what is permissible, from the music
joined the company's staff of composers and whose dealers' point of view, to send by that means.
first effort under the Morse signature, "Hesitate Me
The Milner Musical Co., Cincinnati, O., has
Around Bill," has been particularly well received
by the profession and the trade.
closed out its sheet music department.
BOSTON, MASS., March 28.—Chester W. Greene,
composer, musical editor and one of the staff of
the B. F. Wood Music Co., died on Tuesday, March
24, at his home in Stoneham, at the age of seventy-
five years.
Mr. Greene was a veteran of the Civil War. At
one time he was in the piano department of the
Oliver Ditson Co., but was employed by the B. F.
Wood Co. soon after it started in business. Sev-
eral years ago Mr. Greene suffered a shock from
which he never fully recovered. He had a wide
circle of friends and was beloved by all with whom
he came in contact. He is survived by three sons.
The funeral was held to-day at his home in Stone-
ham and a large delegation from the B. F. Wood
Co. was present at the services.
Fred Minger will shortly open a new piano store
in Sabetha, Kan.
The Waltz Song Success in Henry W. Savage's Latest Successful Production
"MAIDS OF ATHENS"
"WHEN THE HEART IS YOUNG"
Lyrics by Carolyn Wells
Music by Franz Lehar
CHAPPELL & CO., Ltd., 41 East 34th Street, NEW YORK
Canadian Branch
347 Yonge Street, TORONTO