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51
THE MUSIC TRADE REVIEW
MARCH 9, 1918
CONDUCTED BT B. B. WILSON
"L=I=B=E=R=T=Y" SUIT DECIDED
RESOLUTION ON PERFORMING RIGHTS
"FOLLOW THE GIRL" PRODUCED
Supreme Court Finds for Defendants in Action
Brought by Rosenthal Against Ted Barron and
The Victor Talking Machine Co.
Composers Want Register of Musical Works
Kept for Public Reference
New Musical Comedy Accorded Hearty Recep-
tion at Opening in New York Last Saturday
—Some of the Leading Musical Numbers
The suit brought by Joseph Rosenthal, known
as Joe Rosey, against Ted Barron and the Vic-
tor Talking Machine Co. for an injunction to
restrain the continued publication of Barron's
song, "L-i-b-e-r-t-y," and for an accounting and
damages, came to an end on February 28,
when Justice Weeks, of the Supreme Court,
found in favor of the defendant, holding that
there was no infringement.
Rosenthal had
charged that Barron's number was similar to a
song, "Miss Liberty," for which he wrote the
lyrics, and Seymour the music, in 1907, but which
had never been published. Among those who
appeared for the defense were Max Dreyfus,
Louis Bernstein, and Joseph A. Pasternack, for-
merly with the Metropolitan Opera Co., and
now connected with the Victor Talking Machine
Co.
HARD TO GET SUFFICIENT MUSIC
The latest development in the attacks being
made upon the policy of the Performing Rights
Society of Great Britain is the following reso-
lution passed at a meeting of composers and
other members of the trade interested in the
disposal of performing rights, held in London
recently.
The resolution reads: " 1 . That when the per-
forming rights in any British music are held by
anyone other than the original composer or
publisher of that music, it shall be essential for
the safety of the public and the performers of
music that the assignee or assignees of those
rights or the agent controlling them for the
composer and publisher shall keep a register of
works on which fees are claimed, open for the
inspection of the public, the register to set out
fully the rights controlled, including the amount
of fees payable for the performance of each
work.
"2. That Parliament should be asked to legis-
late along these lines."
Printers Compelled to Delay Filling of Orders
and This, Coupled With Shipping Delays,
Means Trouble for the Publishers
Local music publishers just now are experienc-
ing considerable difficulty in getting sufficient
copies of music from their printers to fill or-
ders. One of the first reasons is the shortage
of paper which has been felt for some time, and
the printers have also had their own troubles
with labor in common with all other industries.
The result has been that orders for fast selling
numbers have been piling up in the publishers'
offices, and when the stock comes to fill them
there is still the transportation tangle to worry
about.
Conditions, however, are improving
gradually, and it is expected that within a week
or so publishers will in a measure be able to
catch up with the demand, which is excellent
for this time of the rear.
RIOT
WITH THE ROOKIES
Wild and Woolly Rube Recruiting Song
About the Boys from Pumpklnvlllc
"THE HOUSE OF IRISH SONGS"
Some of the Successes of That Type at Present
in the Catalog of M. Witmark & Sons—"The
Daughter of Rosie O'Grady" Goes Well
The opening of "Follow the Girl" on Saturday
night last at the Forty-fourth Street Roof The-
atre brought to New York a new type of mu-
sical comedy. The piece was presented by Ray-
mond Hitchcock and H. Ray Goetz, who, as
producers, have been giving the public some-
thing novel and different throughout the past
season. "Follow the Girl" has much of merit
in it, according to all reports, which should
keep it on Broadway for some time, being an
entertainment which will appeal to "the tired
business man.'' The book and lyrics of the
show are by Henry Blossom, and the music is
by Zoel Parenteau. The musical numbers were
exceptionally well received by all the critics,
several numbers meeting popular approval.
Among the best of the songs are "Don't Lose
Your Way," "Under the Honeymoon,"' "On Our
Little Merry-go-round," "Xo Matter What or
Where," "There Is Always One You Can't For-
get," "Wine, Women and Jazz" and "I Like
the Boys." T. 15. Harms and Francis, Day and
. Hunter are the publishers of the score.
ADVERTISE "SONGS OF SOLDIERS'
In this week's Saturday Kveiling Post Leo
Feist, Inc., carried a quarter-page announcement
of their new popular-priced song book, "Songs
M. Witmark & Sons have long been known
the Soldiers and Sailors Sing." The book, is-
as a house that succeeds in placing at least one sued several weeks ago, has had a very heavy
or two Irish hits a year on the market. This sale and hardly needed this additional publicity.
is by no means an ofT year with them, as they Of course, it will have a sale for a long period
have three or four such numbers which are now- as every one is interested in the songs the sol-
going well. Songs of Irish flavor that win a diers and sailors sing. In conjunction with the
measure of success are almost always sure of above publicity the Feist Co. is sending out at-
large sales, so Witmark's have reason to rejoice. tractive display material which is furnished free
Probably one of the most popular of these is to all dealers.
"The Daughter of Rosie O'Grady," originally in-
troduced by Pat Rooney and which is becoming
quite popular. Other numbers popular in the "OH, LOOK!" OPENS ON BROADWAY
above class include Chauncey Olcott's hits
"Ob, Look!" a new musical comedy by James
"When It's Springtime in Killarney" and "My
Montgomery, opened at the \ anderbilt Theatre
Iri>h Songs of Songs," and last but not least
on Thursday evening of this week. The music
is a new addition to Witmark's Black & White
of the ne'w show is by Harry Carroll, and the
series entitled "The Shannon, the Shamrock, lyrics are by Joseph McCarthy. Harry Fox is
and You," words by Phil. H. Armstrong, and the star of the piece with a good supporting
music by Daniel J. Sullivan, which promises to cast. A review of the show will be given in
be one of the most popular Irish ballads of many these columns next week.
seasons.
r
JEROME H.REMICK&Ca'S
^Sensational Son^ Hit
SWEEPING THE COUNTRY
SONGS
'SWEET LITTLE BUTTERCUP"
'ON THE ROAD TO HOME SWEET
HOME"
•DON'T TRY TO STEAL THE SWEET-
HEART OF A SOLDIER"
"LAST NIGHT"
SWEET PETOOTIE"
•WAV DOWN THERE"
"B1NG BANG BING 'EM ON THE
RHINE"
•BLUEBIRD"
"YOU'RE IN STYLE WHEN WEARING
A SMILE"
"SOME SUNDAY MORNING"
"SO LONG MOTHER"
•I OR YOU A ROSE"
"MY LITTLE SERVICE • 1- LAG HAS
SEVEN STARS"
"DERBY DAY IN DIXIE"
'WONDROUS EYES OF ARABY"
The distinctive ballad that
is reaching the hearts of
all lovers of good music
"Forever
Is A
Long, Long
Time"
7 cents
McKinley Music Co.»•« *•*
JEROME H. REMICK & CO.
ARTMUSIC, Inc.
145 Weit 45th St.
NEW
E YORK