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THE MUSIC TRADE REVIEW
JANUARY 26, 1918
CONDUCTED BY B. B. WILSON
INTERESTING COPYRIGHT DECISION
BOSTON PUBLISHERS SHUT DOWN
U. S. Circuit Court of Appeals, in Case of Jos. W.
Stern & Co. vs. Edmonds, Holds That Copy-
right of Orchestra Arrangement Is Separate
Property From Copyright of Song
Trade Generally Observes Fuel Administrator's
Order to the Letter—Business Continues Good
—Association Dinner to Be Held February 12
Judges Ward, Rogers and Hough for this
circuit liave just handed down an interesting
opinion in a copyright suit.
Shepherd N. Edmonds, a colored song writer,
in 1901 transferred to Jos. W. Stern & Co. his
song, "You Can't Fool All the People All the
Time," and by the assignment expressly author-
ized Jos. W. Stern & Co. to make orchestrations
free of royalty.
Stern & Co. published and copyrighted the
song with words and also made and separately
copyrighted and published various orchestra and
other arrangements from which the words were
omitted.
In 1907 Stern & Co. reassigned to Edmonds
the copyright of the song. In 1916 Edmonds,
who had in nine years made no practical use of
this copyright, recorded the assignment and
caused various persons to buy one or two copies
of the orchestra arrangement and then instituted
a copyright infringement suit in which he claim-
ed that sale of these copies of the orchestra
arrangement constituted an infringement of his
copyright of the song.
The Circuit Court of Appeals has just rend-
ered a decision holding the copyright of the
orchestra arrangement was a separate property
from the copyright of the song and was not in-
cluded in the reassignment of the copyright of
the song to Edmonds.
The court accordingly held that the sale of
the copies of the orchestra arrangement did not
violate the copyright of the song, the only copy-
right owned by Edmonds.
The Circuit Court of Appeals accordingly
issued directions to dismiss the complaint with
costs.
Title for new song—"Every Monday Will Be
Sunday for a While."
RIOT WITH THE ROOKIES
Wild and Woolly Rube Recruiting Song
About the Boys from Pumpklnvllle
co on-Goon
we Ye on our
to "WAR
BOSTON, MASS., January 21.—The main topic of
conversation among music publishers has been
the general disadvantages which they may en-
counter through the mandatory five-day respite
from business and the ten Monday holidays.
While publishers getting out magazines and
periodicals may work, there must of necessity
be a let-up in the printeries issuing sheet music,
but with the more philosophic men in the busi-
ness it is felt that beginning Friday these were
the best five days that could have been chosen
for the shut-down, largely because the period
includes Saturday, often a half-holiday anyhow,
and Sunday. It is estimated by the Bureau of
Statistics that the industrial loss in Massachu-
setts will be $36,693,644 for the four working
days. In the meantime trade continues fairly
good, and some publishing houses have been
having an active demand for their music. The
Boston publishers and retail music dealers were
among the first to accept the 9 o'clock opening
and 6 o'clock closing requested by the local fuel
administrator. Several of them did not even
wait until Monday, the day business was asked
to observe this new rule, but piit it into opera-
tion the day following the mandate.
The next dinner of the Boston Music Pub-
lishers' Association will be held on February
12, this time possibly at Clark's Hotel. The
subject of American compositions will be again
taken up, as the discussions of the last meeting
along this line have been very productive in
several ways. Letters will be read from the
heads of several of the leading music conserva-
tories and the whole matter will be presented
from an angle different from that of the Decem-
ber meeting.
J. L. DILWORTH ON TRIP
J. L. Dilworth, of Huntzinger & Dilworth, is
away on a three months' trip visiting the sheet
music trade. Mr. Dilworth will inake stops at
all the larger cities in the West and Middle
West, including Cincinnati, Chicago, St. Louis,
Kansas City, Denver, Minneapolis and Toronto,
Canada. He is specially featuring the firm's
patriotic number, written by Geoffrey O'Hara,
"Send Me a Curl."
"WAY DOWN THERE A DIXIE BOY IS
MISSING"
"FOB YOU A ROSE"
MAMMY JINNY'S HALL, OF FAME"
SWEET LITTLE BUTTERCUP"
"SO LONG, MOTHER"
"SWEET PETOOTIE"
SOME SUNDAY MORNING"
SAILIN' AWAY ON THE HENRY CLAY"
SO THIS IS DIXIE"
DON'T TRY TO STEAL THE SWEET-
HEART OF A SOLDIER"
"ON THE ROAD TO HOME, SWEET,
HOME"
INSTRUMENTAL
•IN THE SPOTLIGHT" (Walts)
CAMOUFLAGE" (One Step)
•SMILING SAMMY" (Fox Trot)
McKinley Music Co.
*•*
WHILE
THE INCENSE
IS BURNING
A Hit from Coast to Coast
PUBLISHED BY
Sherman, Hay & Go.
SAN
Publishers
Also
The Army's
FRANCISCO
of Hawaiian Music
Publishers of
Favorite Cheer Song
"LI'L LIZA JANE"
ANNUAL DINNER OF ASSOCIATION
Music Publishers' and Dealers' Organization to
Enjoy Beefsteak Dinner at Castle Cave, on
February 20—Election to be Held
The annual dinner and election of the Greater
New York Music Publishers' and Dealers' Asso-
ciation will be held on Wednesday, February 20,
at Castle Cave, 271 Seventh avenue. This is the
same place where the fall dinner was held, and
according to the present arrangements a beef-
steak dinner will again be served. Geo. Bliss,
the secretary of the association, and Maurice
Richmond and Michael Keene of the Board of
Governors, are now making the arrangements
for the entertainment, and eacli one has gone
on record as favoring lots of jazz, so the affair
should be unusually interesting.
TELL TAYLOR AGAIN IN NEW YORK
Tell Taylor, the Chicago publisher, has leased
the offices at 146 West Forty-fifth street, New
York, formerly occupied by the F. J. A. Forster
Co., and will maintain a branch at that address.
JEROME H.REf1lCK&Cp:S
Sensational Son£ Hit
SONGS
7 cents
The Song You Are
Having Calls For
JEROME H. REMICK & CO.
The distinctive ballad that
is reaching the hearts of
all lovers of good music
"Forever
Is A
Long, Long
Time"