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THE MUSIC
68
TRADE
REVIEW
CONDUCTED BY B. B. WILSON
arc very imperfectly protected. Free perform-
ances might be given that would defeat all pro-
United States Supreme Court Upholds Right of tection. The defendants' performances are not
Publishers to Control Public Performances of eleemosynary. The public pays for them. It
Their Copyrighted Music in Restaurants, is true that music is not the sole object, but
Hotels and Similar Places
neither is the food, which could possibly be got
WASHINGTON, I). C, January 22.—The United cheaper elsewhere. The object is a repast in
States Supreme Court to-day handed down a surroundings that to people having limited
decision sustaining the plaintiffs in the suit powers of conversation, or disliking the rival
brought against the Vanderbilt Hotel and Shan- noise, give a luxurious pleasure not to be had
from eating a silent meal. If music did not
ley's Restaurant, New York, by the John Church
Co. for playing without permission the music pay it would be given up. If it pays, it pays
from Victor Herbert's "Sweethearts," and the out of the public's pocket. Whether it pays or
march "From Maine to Georgia," both pub- not, the ^purpose of employing it is profit and
that is enough."
lished by that company.
George Maxwell, president of the American
The question involved was simply whether
the performance of a musical composition in a Society of Authors, Composers and Publishers,
restaurant, without charge for admission to the which was largely instrumental in bringing and
place, for the purpose of hearing the music, pressing the suits, is at present in Cuba, and
constituted an infringement of copyright or the information regarding the future attitude of that
exclusive right of the owner of the copyright to body regarding the public performance of music
and the rates to be charged for performing-
perform the composition publicly for profit.
rights under the decision are not, at this time,
The Vanderbilt Hotel managers had "From
available. Some hotels have been paying the
Maine to Georgia" played for the entertainment
society for music rights for some time past.
of their guests. "Sweethearts" was sung by a
Louis J. Vorhaus and William Grossman, of
professional quartet on the stage at Shanley's.
The United States District and Circuit Courts House, Grossman & Vorhaus, New York, were
below held that this was not a rendering for the attorneys for the plaintiff.
profit within the meaning of the copyright law.
"If rights are only infringed by a perform-
ance where money is taken at the door," said Discuss Ways and Means of Maintaining Prices
justice Holmes in rendering the decision, "they
—Claim That Certain Publishers Are Not
Living Up to Agreement Made Last Year
You are sure to have Calls for the
Greatest "Blues" Song ever written
The regular monthly meeting of the Music
Dealers' Association of New York was held at
100 Essex street on Friday evening, January 19.
1 he meeting was called for the purpose of assist-
ing the publishers in finding some means of
inducing the sheet music departments of the
large stores to adhere to the prices which were
agreed upon by both publishers and dealers of
Xew York, dating from July 1 last.
The meeting proved a lively one, it being
charged by some members that two publishers
were not living up to the spirit of the agreement,
or at least were not taking effective measures
to influence the department stores and others to
.-.upport the association's standard of prices on
library editions.
Theodore Arison, president of the organiza-
tion, succeeded in delaying any premature action
on the part of the body by showing that he had
the word of one of the largest publishers to
the effect that they, the publishers, felt sure
before the end of this week results would be
obtained which would meet with the entire
approval of the association.
Many members arrived at the meeting expect-
ing it to be the last, for while the association
has accomplished some very good work the
amount of energy put forth to obtain those bene-
fits has been at times very discouraging. The
VICTOR NOVEMBER RECORD
Music Dealers' Association of New York is
to-day in a very shaky condition and it has
only been the splendid leadership shown by
President Arison that has held the members in
NEW YORK-
CHICAGO
a united body.
IMPORTANT COPYRIGHT DECISION
DEALERS' ASSOCIATION MEETS
OUR BIG HIT
lAIHTGOTNOBOW
McKINLEY MUSIC CO.
SYNOPSIS
Bugle Call Fife and Drum
Corps, I'nion Army playing
Vanktc Doodle.
Fife and
Drum
Corps,
Confederate
Army, Dixie.
Marching to
Battle. Massing Artillery on
the Height*. Heavy Cannon-
ading.
Pickett's
Heroic
Charge. Clashing of Bayonets
and Gun*.
Battle Raging
Furiously. Pickett Orders Re-
treat from the Trap of Death.
Kte., Etc., Etc.
EXPAND IN PHILADELPHIA
A. J. Stasny Music Co. Enlarge Offices in That
City—Additions to Staff
The A. J. Stasny Music Co., have, during the
past two weeks, made an addition to their Phil-
adelphia office, 700 Parkway building, in that
city. The office has also been entirely reno-
vated and a new outfit of furnishings have been
installed. An addition of two men was also
made to the office staff, which now consists of
Earl Burtnett, manager; Henry Farcis, Dick
Christie, Billy Gedney, Sam Golden and Will
Hoster.
JEROME H. REMICK IN NEW YORK
J. H. Remick, head of Jerome H. Remick &
Co., has been a visitor at the New York offices
of the concern during the latter part of last
week and the forepart of the week. Mr. Remick
found the New York offices very busy getting
publicity ready for the Remick numbers re-
cently added to the catalog.
CALLING ON UP=STATE DEALERS
Herbert H. Gordon, of the estate of Hamilton
S. Gordon, music publishers, will leave Monday
on a visit to the trade in cities in western New
York State. Mr. Gordon will be gone about
ten days, and after stops at Buffalo, Rochester
and other northern cities, will return by the way
of the coal regions of Pennsylvania.
E. F. BITNER H0ME_FR0M THE WEST
Edgar F. Bitner, general manager of .Leo
Feist, Inc., returned Monday of this week after
a ten-day trip, which included stops in Detroit
and Chicago.
Mr. Bitner found the Feist
branches in the throes of one of the busiest sea-
sons in the history of the house.
'JEROME H.REIUCK&CO.S"
^Sensational S o n ^ Hits
I'm Glad You're Sorry"
I Brought Red Roses In
December to You"
"Whose Pretty Baby Are You Now"
"II You Ever Get Lonely"
"She's Dixie All the Time"
"Where the Black Eyed Susans
Grow"
"Down Honolulu Way"
"Just a Word oi Sympathy"
"Mammy's Little Coal Black Rose"
"How's Every Little Thing in Dixie"
"There's Egypt In Your Dreamy
Eyes"
"Because You're Irish"
INSTRUMENTAL HITS
Pozzo—Fox-Trot
Tiddle-de-Winks—Fox-Trot
Whispering Hearts—Waltz
JEROME H. REMICK & CO.
E. T. PAULL'S NEW 1917 DESCRIPTIVE MARCH NUMBER
THE
Battle of Gettysburg
Positively the Greatest March Ever Written. See Synopsis
E. T. PAULL MUSIC CO., 243 West 42d St., N. Y.
taXTKtWQlKM*
MUSIC DEALERS
This is the one great March
that will sell on sight. Com-
panion piece to Napoleon's
Last
Charge.
Absolutely
nothing better published. Full
of life, spirit and enthusiasm.
Entirely out of the ordinary.
Special rates for an introduc-
tory order to any dealer men-
tioning this ad. Order now.