Music Trade Review

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THE MUSIC TRADE REVIEW
48
CONDUCTED BY B. B. WILSON
SUIT OVER "MISS LIBERTY" TITLE
SONG ROYALTIES FOR THE WOUNDED
FEIST MANAGERS MEET
Joseph Rosenthal Claims That Publication by
Ted Barron of the Song "L-I-B-E-R-T-Y" Is
an Infringement of His Rights
Emilie Frances Bauer Writes New Patriotic
Number Entitled "Our Flag in France" to
Help American Ambulance Hospital in Paris
Fifth Annual Convention Held Here This Week
—Plans for the Coming Season Discussed—
Banquet on Tuesday Evening Most Successful
Joseph Rosenthal began an injunction suit
and an action for an accounting in the Supreme
Court last week against Ted S. Barron and the
Victor Talking Machine Co. for the alleged use
of the title "Miss Liberty" in connection with a
published song. The complaint states that in
1907 Rosenthal, under the name of Joe Rosey,
composed the words of a patriotic song which
he later on called "Miss Liberty." Seymour
Furth composed the music. Neither the song
nor the music was ever copyrighted nor was any-
thing dpne with it except the transfer of the
rights to Maurice Shapiro and later on to
Shapiro-Bernstein, Inc., the property rights
eventually coming back to the plaintiff.
The complaint alleges that in 1916 Ted S.
Barron "unlawfully and piratically" published a
song which he called "L-I-B-E-R-T-Y" and
claimed that he was the composer, and the
Victor Talking Machine Co. is alleged to have
made records from this composition.
Rosenthal claims that this publication is in
violation of his rights and asked the Supreme
Court to enjoin the defendants from the further
use of the title and to account for all the money
they received because of the alleged unlawful
publication.
Barron and the Victor Talking Machine Co.
have twenty days in which to answer the alle-
gations set forth in the complaint. A copy of
Rosenthal's composition, which is in manuscript,
together with Barron's song, was filed in the
County Clerk's office with the complaint.
Emilie Frances Bauer, the prominent musical
writer, critic and composer, has been moved by
the entrance of the United States into the war
to write and compose a timely new patriotic
number entitled
"Our F l a g in
F r a n c e " and
which is dedi-
c a t e d to "Our
Boys."
Miss
Bauer announces
that all royalties
for this song will
revert
unre-
servedly to the
American Ambu-
lance Hospital in
Paris.
The fifth annual convention of the managers
of Leo Feist, Inc., was held throughout the
whole of this week. The first "get-together"
meeting occurred Monday morning on the fourth
floor of the Feist Building, 235 West Fortieth
street, and the first business session was held
the afternoon of the same day, followed by a
shorter meeting in the evening. On Tuesday
there were sessions both morning and after-
noon, and in the evening the annual banquet
was held at Castle Cave, 271 Seventh avenue,
one of the famous eating places of New York,
where a beefsteak dinner was served. Imme-
diately following dinner all the Feist songs
which are to be placed in the catalog for the
coming season were gone over by the song
writers and the professional staff. On Wednes-
day meetings were held in both the morning
and the afternoon, and decisions on the songs
heard on Tuesday night were rendered. During
the balance of the week only two meetings a
day were held, the rest of the time being used
as the out-of-town conventioners so minded.
A full report of the convention and the annual
banquet will be found in next week's Review.
PLACED IN 0VER_THIRTY SHOWS
"Cotton Pickin' Time in Alabam'," the big
song success from the catalog of the Wm.
Jerome Publishing Corp., has been placed in
over thirty shows for the fall season, and will
probably by that method become more popular
than ever.
McKinley's Smashing Hit
The Luscious, Sugary
Ballad Success
7 cents
McKinley Music Co.
New York
It is M i s s
Bauer's intention
to publish this
Emilie Frances Bauer
composition her-
self, and it will be distributed to the trade
through the Crown Music Co., of New York.
Orchestrations are now being made so that it
will be possible to use it in orchestral concerts
if so desired.
The song, "Our Flag in France," was first
sung by Marcclla Craft on July 3, and its stirring
melody and patriotic verse aroused the greatest
enthusiasm. It will be sung by noted singers
in leading cities throughout the country and
promises to be one of our enduring war songs.
Miss Bauer is not making her debut as a
composer, for she has to her credit a large num-
ber of songs which have been sung by noted
artists, which have been published under a
non-de-plume. She is, moreover, a pianiste of
ability, while her reputation as a lecturer and
writer is known from Coast to Coast. The fact
that Miss Bauer is of French parentage naturally
has much to do with the spirit of the song, and
the enthusiastic efforts she is making to arouse
and intensify the patriotism of our people in
their alliance with France "to make the world
safe from democracy." The splendid cause to
which the money to be derived from this song is
to be devoted should form such an incentive to
dealers and singers that the sale will prove so
enormous as to enable Miss Bauer to turn over
a very substantial sum for the wounded soldiers
in the American Ambulance Hospital in Paris.
Tl.e words of the song are as follows:
OUR FLAG IN FRANCE
(Dedicated to "Our Boys")
Your boys and our boys
Are brave and strong and true,
'Neath your flag and our flag
Of Red and White and Blue.
Here's to "Old Glory,"
And "Vive le Tricolor"
Long we've been brothers,
But now we're something more.
REFRAIN
The brave Spangled Banner,
The noble Tricolor
Togtther in triumph
Shall wave forevermore.
Our stars brightly shining,
Your Red and White and Blue
Proclaim to the world
They are both unfurled
O'er the brave, the staunch and true.
Your boys and our boys
Who standing side by side
Left sisters and mothers,
Perhaps a tender bride.
God guard and bless them
Protect them night and day
Who fight 'neath "Old Glory"
With France potlr Liberte.
—Copyright, 1917, by Emilie Frances Bauer.
DITSON CO.JHVES BONUS
Employes of Boston Music House Receive
Bonus Based on Salary Earnings
BOSTON, MASS., July 16.—The employes of the
Oliver Ditson Co., music publisher of this city,
recently received bonuses based on salary and
length of service. The bonus was figured on a
sliding scale which went up to 5 per cent, of
the annual salary received by the employe. Last
year the employes of the Ditson concern re-
ceived a bonus of 5 per cent, on their full year's
salary. The giving of a bonus at this time would
indicate that the total bonus received by the
end of the year will exceed that of 1916.
JOSEPH 0. PEARSON PASSES AWAY
Joseph (). Pearson, formerly well-known as a
designer of music titles and covers for sheet
music, died from an attack of apoplexy last week
at the home of his brother-in-law, in Little
Falls, N. J. Mr. Pearson resided at 1525 Fiftieth
street, Brooklyn, N. Y.
JEROME H.REMICK&CO:S
.Sensational Son£ Hits
"FOR YOU A ROSE"
"IT'S TIME FOR EVERY BOY TO BE A
SOLDIER"
"SINBAD WAS IN BAD"
"SOMEWHERE ON BROADWAY"
"IF YOU EVER GET LONELY"
"SHE'S DIXIE ALL THE TIME"
"WHERE THE BLACK EYED SUSANS
GROW"
"ALONG THE WAY TO WAIKIKI"
"THERE'S EGYPT IN YOUR DREAMY
EYES"
• I CAN HEAR THE UKULELES CALLING
ME"
"THE BOMBA SHAY"
"AIN'T YOU COMING BACK TO
DIXIELAND"
"THE SWEETEST GIRL IN TENNESSEE"
"YOU'RE A GREAT BIG LONESOME
BABY"
INSTRUMENTAL
POZZO- FOX-TROT
WHISPERING HEARTS-WALTZ
TIDDLE-DE- WINKS—FOX-TROT
SANS TOI-WALTZ
JEROME H. REMICK & CO.