Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
NOVEMBER 2,
1918
41
THE MUSIC TRADE REVIEW
CONDUCTED BY B. B. WILSON
CATALOG OF AMERICAN SONGS READY
AN IMPORTANTJJEGAL DECISION
Volume Just Issued by Boston Music Publish- Under Order of Circuit Court U. S. District
Court in Philadelphia Awards Leo Feist, Inc.,
ers' Association Is Most Impressive and Rep-
Damages and Counsel Fees in Action Brought
resents Much Careful Work in Compiling
Against the American Music Roll Co.
BOSTON, MASS., October 28.—The catalog of
A case of interest to music publishers has
just been decided by Judge Thompson, of the
United vStates District Court, in Philadelphia.
Leo Feist, Inc., commenced suit against the
American Music Roll Co. to recover royalties
due from the American Music Roll Co. by rea-
son of the manufacture by that company of
perforated rolls serving to reproduce on player-
pianos the Feist copyrighted compositions.
On the trial of the action the defendant ad-
mitted its liability for royalties, but Leo Feist,
Inc., urged that the court award a counsel fee
and an amount in damages in excess of the roy-
alties admittedly due because of the failure of
the American Music Roll Co. to furnish sworn
reports and to make remittance of royalties as
provided by the Copyright Act. The defendant
contended that the court had no power to as-
sess damages or to award a counsel fee because
they claimed they had manufactured not pur-
suant to the compulsory license provisions of
the Copyright Act, but pursuant to permission
granted by Leo Feist, Inc., in letters written to
them.
Judge Thompson sustained their contention
and allowed Leo Feist, Inc., only the royalties
admitted to be due. An appeal was taken to
the Circuit Court of Appeals and* that court
held that the American Music Roll Co. had
manufactured under the compulsory license pro-
visions of the act and ordered that the case be
sent back to Judge Thompson for the imposi-
tion of damages and the award of a counsel fee.
The Circuit Court of Appeals stated:
INCORPORATE TO PUBLISH MUSIC
"In our opinion the controversy is governed
The Mutual Music Co., Indianapolis, Ind., has by the compulsory license provisions of the act,
been incorporated with capital stock of $25,000 and accordingly the decree is reversed and the
to publish and sell music. The incorporators District Court is instructed to exercise its dis-
are Willard Mogle, Charles O. Mendell and cretion concerning the allowance of a reasonable
counsel fee and punitive damages under Section
Pauline Hngle.
American songs put out under the auspices of
the Boston Music Publishers' Association, and
which has been mentioned from time to time in
The Review, has now been published and to the
serious-minded its perusal is of deep interest.
Here is the foreword:
"This catalog of representative American
songs is presented with the basic idea of call-
ing the attention of the music-loving public to
truly meritorious American compositions. It
is, therefore, with somewhat of a patriotic im-
pulse that these songs are commended to your
attention, any of which may be obtained from
the leading music dealers of the country."
The catalog is classified under the heads of
secular, sacred songs with obligato, secular
duets, sacred duets and song cycles. The pub-
lishers incorporated in the catalog are Boston
Music Co., C. C. Birchard & Co., Oliver Ditson
Co., Carl Fischer, C. W. Homeyer & Co., Arthur
P. Schmidt Co., C. W. Thompson & Co., White-
Smith Music Publishing Co. and B. F. Wood
Music Co.
The dealers in the United States have re-
sponded to the offer to print with their firm
names for free distribution, and upwards of
75,000 copies will be put out through the various
dealers in the country. It shows a very patri-
otic spirit on the part of the publishers, and
demonstrates the fact that there is a get-to-
gether spirit in Boston that is unequaled in any
city in the country.
1 C. L. E."
TO 6000 McKINLEY AGENTS
46 New Numbers
and New Catalogs
Now Ready for 1919
YOU ARE SURE TO HAVE CALLS
Better Music, Better Paper, Better Title*
150% Profit on
FAMOUS
McKINLEY
10 CENT MUSIC
All of the Best Reprints and more
Big Selling Copyrights than any
other 10 Cent Edition.
Free catalogs with stock orders. We pay
for your advertising. Our music is as staple
as wheat.
Write for samples.
Chicago McKINLEY MUSIC CO. New York
Pursuant to the order of the Circuit Court the
case came on for rehearing before Judge
Thompson and Judge Thompson has just
awarded a counsel fee of $150 and the sum of
$100 as damages to the complainant by reason
of the defendant's failure to pay the royalties
within thirty days after demand.
The amount of damages and counsel fees
awarded in this case, it is stated, is not to be
taken as a standard in similar cases against me-
chanical manufacturers who disobey the law be-
cause under the act the court has the power to
award damages in three times the amount found
to be due as royalties.
Gilbert & Gilbert were the attorneys for Leo
Feist, Inc.
HUNTZ1NGER JOINS ARMY BAND
Music Publisher Now Jazzing in Machine Gun
Company Band
R. L. Huntzinger, senior member of the firm
of Huntzinger & Dilworth, who, since joining
the service of Uncle Sam, has been attached to
a machine gun company at Camp Hancock, Ga.,
has been appointed a member of the band at
that station. He is playing the saxophone, and
it is said, despite the fact that his firm pub-
lishes only high-class music, that he can jazz as
good as any of the boys.
Jerome H. Remick & Co. will shortly open a
store in the Hippodrome Building, Euclid ave-
nue, Cleveland, O.
WINS SUCCESS DURING FIRST YEAR
Artmusic, Inc., Makes Unusual Progress With
High-Class Catalog in Record Time
The success of the high-class catalog of Art-
music, Inc., during the first year of that com-
pany's existence has been most unusual, and is
a tribute to the character of the publications is-
sued by that house as well as in a large measure
to the personal efforts of Edward Christie, trav-
eling representative of the company, who has
done some excellent work in the field. The
catalog of the company now contains a number
of works of high order that have secured the
recognition of the leading concert artists.
Among these are the big ballad, "Forever Is a
Long, Long Time" and "Floating Down the
Sleepy Lagoon," the big patriotic number, "One
for All and All for One," "You Don't Know
What You Are Missing," "When the Sun Goes
Down in Flanders," and the classic Southern
number, "Mammy."
A PAIR OF TIMELY SONG NUMBERS
Hinds, Hayden & Eldredge Issue "Everybody
Hit for Victory" and "The Self-Same Moon"
llincls, Hayden & Eldredge, Inc., New York,
have just published two timely and interesting
new songs entitled respectively, "Everybody Hit
for Victory," words by Harry S. Lee, and music
by William Barnes, and "The Self-Same Moon,"
by the same writers.
In the song "Everybody Hit for Victory,"
the author probably did not intend to paraphrase
J'resident Wilson's "force to the utmost" utter-
ance, but nevertheless got the same idea in the
chorus, which reads in part as follows:
"We'll lam him and we'll slam him,
We'll ram him, jam him, damn him;
Everybody hit for Victory."
The melody is simple, the song sings nat-
urally, and it is in good tempo, as a song for
the public should be, and now that the Huns
are crying for peace and our people demanding
victory its psychological effect should not be
overlooked.
"The Self-Same Moon" depends for its theme
upon an entirely different sentiment that has a
most appealing melody. It is something on the
order of a love ballad with the soldier in it,
and it is provided with a pleasing ami artistic
title page.
r
J
E
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O
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p
.Sensational Sortj* Hit_
SONGS
•SMILES"
•I LOVE YOU MORE FOR LOSING
YOU A WHILE"
•WHEN WE MEET IN THE SWEET BYE
AND BYE"
•WE'LL BUILD A RAINBOW IN THE
SKY"
•THERE'S A LUMP OF SUGAR DOWN
IN DIXIE"
•SWEET LITTLE BUTTERCUP"
"ON THE ROAD TO HOME SWEET
HOME"
•YOU'RE IN STYLE WHEN YOU'RE
WEARING A SMILE"
"MANDY AND M E "
"WHEN WE WENT TO SUNDAY
SCHOOL"
••RAGTIME MOSE'S BOMBOSHAY"
"MY GIRL FROM THE SOUTHLAND"
•BLUEBIRD"
"N* EVERYTHING"
JEROME H. REMICK & CO.