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THE MUSIC TRADE REVIEW
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CONDUCTED BY B. B. WILSON
theatres, restaurants and other amusement places
for the use of their music that totals $20,000
Amusement Company in New York Brings Suit a day.
Against American Society of Authors, Com-
It requests that the composers and publish-
posers and Publishers—Claim They Are Ex- ers be enjoined against collecting these fees
empt from Payment of Music Royalties
from not only the theatre controlled by the
A great deal of interest is evinced in trade plaintiff, but also from other motion picture
and musical circles and by theatrical managers houses.
The Society of Composers, Authors and Pub-
and others in a suit brought last week.
The suit in question is the action of the One lishers was formed upon the addition of the
Hundred and Seventy-fourth Street and St. clause by Congress to the copyright law, giv-
Nicholas Avenue Amusement Co. against the ing composers the right to collect royalties on
American Society of Composers, Authors and any of their protected works that were played
Publishers to enjoin the latter from collecting in a place of amusement for profit.
royalties on the music played in the film the- Goldsmith & Rosenthal are attorneys for the
plaintiff, while the defendants are represented by
atres controlled by the plaintiffs.
As defendants of the suit the complaint names Nathan Burkan.
a most comprehensive list, comprising the fore-
EDWARD P. LITTLE IN THE EAST
most composers and publishers of the city.
Among these are Victor Herbert, Raymond Popular Pacific Coast Music Man on Regular
Hubbell, E. Ray Goetz, Silvio Hein, Irving Ber-
Transcontinental Business Trip
lin, George C. Hobart, William Jerome, Will
Edward P. Little, manager of the music de-
von Tilzer, R. H. Burnside and Leo Feist.
The contention of the film men is that their partment of Sherman, Clay & Co., of San
theatres are conducted solely for the purpose Francisco, arrived in New York on Wednesday
of exhibiting motion pictures. The music dis- of last week. Mr. Little had stopped at sev-
pensed is solely of an incidental character, they eral of the larger cities in the Middle West,
insist, and is in no way exploited as to infringe following which he went to Boston. On his
return trip he will probably make his usual
on the copyright of the melodies they use.
Furthermore, they add, the patrons of the Southern stops at St. Louis, New Orleans and
films do not attend the shows to hear the music points in Texas. Mr. Little reports conditions
and before the act of Congress permitting the very good on the Pacific Coast, and on his trip
publishers to tax all amusement places, publish- East he also found both the publishers and
ers were wont to send out free copies of their dealers doing a heavy fall business. Mr. Lit-
songs broadcast to advertise them, as well as tle received a very enthusiastic reception at the
Wednesday luncheon of the Greater New York
hiring song '"pluggers" to sing them.
In view of all this, the motion picture interests Music Publishers' and Dealers' Association held
say in conclusion they do not think it just or at Keen's Chop House. While on his Eastern
right to tax an industry for royalty fees when jaunt Mr. Little did not forget to close some
the product taxed is only an incidental to the good business for the publications of his firm.
business conducted.
PREMIERE OF^HER REGIMENT"
While the defendant controls only one theatre
New
Operetta With Music by Victor Herbert
in this city, it is understood his case has been
Presented in Springfield, Mass.
instituted as a test and that the rest of the
motion picture industry is behind the action.
"Her Regiment," a new operetta, with book
The affidavit submitted sets forth the fact that
by Wm. LeBaron, and music by Victor Herbert,
the defendant exacts royalties from some 50,000
had its premiere at the Cort Theatre, Spring-
field, Mass., last week, and was accorded an
enthusiastic reception. Mr. Herbert's music is
declared to be particularly tuneful. Carolina
White and Donald Brian are co-stars in the
The Luscious, Sugary
piece. T. B. Harms & Francis, Day & Hunter
published the score.
Ballad Success
FILM MEN FIGHT ROYALTIES
McKinley's Smashing Hit
FIFTEEN-CENT EDITIONS SUCCESSFUL
Waterson, Berlin & Snyder Find That Fifteen-
Cent Price Appeals to Dealers
Waterson, Berlin & Snyder have certainly co-
operated with the music dealers of the country
in placing all their newest songs in the 15-cent
class. Among those that are reaching great
popularity in this class are "San Domingo," by
Ted Snyder;'"All Bound 'Round With the
Mason and Dixon Line," by Gene Schwartz;
"Whose Little Heart Are You Breaking Now"
and "My Sweetie," by Irving Berlin.
JACK QLOGAUJN CHICAGO
Jack Glogau, professional manager of Al Pian-
tadosi & Co., Inc., will be at the Sherman House
in Chicago from November 6 to 26. A special
effort will be made by Mr. Glogau to place the
company's new song, "There's a Green Hill Out
in Flanders," with the Western singers.
HEFFELFINGER'SJSEW DEPARTMENT
7 cents
McKinley Music Co.
R. W. Heffelfinger, the well-known sheet
music dealer of Los Angeles, Cal., has purchased
the sheet music department of the Adams Music
Store in Redlands, Cal., and plans to increase
the stock greatly.
HIT of the ANNA HELD
Show
FOLLOW ME
Wl'-M
ORDER TODAY
7c. Per Copy
A.J.STASNYMUSICCO.
56 WEST 45th STREET, NEW YORK
A PROMISING NEW NUMBER
Wm. Jerome, manager of the Wm. Jerome
Publishing Corp., and Harold Cool and Arthur
Daly, of the writing staff of the firm, have just
written a new song entitled "Underneath the
Dreamy Arabian Moon," which promises to be
a very popular number this season.
JEROME H.REMICK&CpJS
Sensational Son^ Hit
SONGS
FOR YOU A ROSE"
"SOME SUNDAY MORNING"
"SO LONG MOTHER"
"SAILING
AWAY
ON
THE
HENRY
CLAY"
"DON'T TRY TO STEAL, THE SWEET-
HEART OF A SOLDIER"
"ROOK-A-BYE LAND"
"MY MOTHER'S EYES"
"SWEET PETOOTIE"
"WAY DOWN THERE (A DIXIE BOY IS
MISSING)"
"SOUTHERN GALS"
"MAYBE SOMETIME"
"SO THIS IS DIXIE"
"THE BRAVEST HEART OF ALL"
"WHERE
THE
MORNING
GLORIES
GROW"
"LAST NIGHT"
INSTRUMENTAL
"IN THE SPOTLIGHT" (Waltz)
"CUTE AND PRETTY" (Fox Trot)
"CAMOUFLAGE" (One Step)
"COLUMBIA" (One Step)
"SMILING SAMMY" (Fox Trot)
JEROME H. REM1CK & CO.
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