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THE MUSIC TRADE REVIEW
46
NOVEMBER 16, 1918
CONDUCTED BY B. B. WILSON
FEIST WINS IMPORTANT DECISION
PUBLISHERS WIN LEGAL VICTORY
GEO. M. COHAN HOST OF MUSIC MEN
New York Supreme Court Recognizes Right to
Collect Royalties on Talking Machine Rec-
ords Made in Canada From American Masters
Secure Judgment of $250 and Counsel Fees
Against Motion Picture Theatre Owner for
Unauthorized Performance of Song
Entertains Music Publishers and Others at a
Luncheon on Friday of Last Week
A decision of great interest to both music pub-
lishers and talking machine record manufactur-
ers was handed down on Saturday of last week
by Judge Hotchkiss, of the New York Supreme
Court, in the case of Leo Feist, Inc., versus the
Columbia Graphophone Co. The. action was
brought by the Feist house, music publishers,
some time ago, in an effort to secure the pay-
ment of royalties on records made in Canada
from masters or "stampers" made in the United
States. The claim was made by the plaintiffs
that under the law the making of the master
records in the United States constituted manu-
facturing. The defendants, on the other hand,
contended that the master, or "stamper," was
simply a piece of machinery utilized for the
making of records in Canada.
In his decision on this important case Judge
Hotchkiss said:
"I think the records must be deemed to have
been manufactured in the United States. To
hold otherwise would permit the defendants to
work what would practically amount to a fraud
upon both plaintiff's statutory and contract
rights.
"Judgment for plaintiff for $150, less 10 per
cent., or $135."
It is stated that the decision will be appealed
by the attorneys for the Columbia Co.
The question of collecting royalties for the
mechanical reproductions in Canada of music
copyrighted in the United States had long been
a sore point with the publishers in this coun-
try, in view of the fact that to-day there is no
agreement between Canada and the United
States on the copyright question in the matter
of mechanical reproduction.
The decision,
therefore, is viewed as the first step in establish-
ing a definite precedent in this matter. Further
developments will naturally be awaited with con-
siderable interest.
An important legal decision establishing the
right of a copyright owner to collect damages
for the performance of his copyrighted work
without permission was handed down recently
in the Federal Court in Los Angeles in the
case of Waterson, Berlin & Snyder, against
Chris. Tollefson, a motion picture theatre pro-
prietor. Tollefson was charged with using
the song, "Joan of Arc, They Are Calling You,"
in his theatre last March without obtaining the
publisher's permission, and the court rendered
judgment for $250 in favor of the plaintiff, with
additional allowance of $100 for counsel fees.
The suit was brought under the direction of
the Society of Authors, Composers and Pub-
lishers and is considered particularly interest-
i.ig in that it shows that substantial damages
can be collected, as well as counsel fees.
Greatest Song We Ever Published!
IT WILL LIVE LONG AFTER THIS
BIG WAR IS OVER
Original "SUNSHINE" Song
AND BEHIND YOU THE SHADOWS WILL FALL
W
SONG
LYRIC BY
PAUL B ARMSTRONG
* 4* *
F. HENRI KLICKMANN
SCOTTI TO HEAD OPERA COMPANY
Will Tour the Country Featuring "L'Oracolo"
and Another Opera in Double Bill
The announcement that Antonio Scotti, the
world-famous baritone of the Metropolitan
Opera Co., will make his first tour of the United
States in the spring and fall of 1919 at the head
of his own opera company, with artists, chorus
and orchestra recruited principally from the
Metropolitan Opera House, will be hailed with
satisfaction by music lovers all over the coun-
try. The organization, known as the Scotti
Grand Opera Co., will present the double bill,
Leoni's sensational "L'Oracolo" (The Oracle),
after Fernald's story, "The Cat and the Cherub,"
with Mr. Scotti in his celebrated role of Chim-
Fand, and Mascagni's "Cavalleria Rusticana."
The tour, under the management of the Met-
ropolitan Musical Bureau, will take in the South,
East and Middle West, and is being arranged
in response to demands of opera-enthusiasts
from many cities who remember Mr. Scotti in
his famous role of Scarpi in "La Tosca," and
other operatic impersonations and desire to see
him in his latest creation.
Mr. Scotti will take pleasure in presenting
"L'Oracolo" since, in addition to an excellent
vocal part, the role gives him what he con-
siders his greatest acting opportunity. Fur-
thermore, this piece has the virtue of being a
novelty outside of New York, Boston and
Philadelphia, where it was presented with sensa-
tional success by the Metropolitan Opera Co.,
and there is no opera which can equal the thrill-
ing tenseness of its drama. The performance
will attain added interest from the fact that Mr.
Scotti will act as stage regisseur, directing him-
self every detail of the two operas.
The Metropolitan Opera Co. owns the exclu-
sive right of performance of "L'Oracolo" in this
country, and Mr. Scotti is able to present the
work through the courtesy of Mr. Gatti-Ca-
sazza, by arrangement with Chappell & Co.,
Ltd., of London.
Music publishers and theatrical men to the
number of sixty were the guests of George M.
Cohan, the noted playwright and song writer,
at a luncheon at the Hotel Knickerbocker last
week. The affair was a sort of get-together
party, at which the opportunity was taken to
discuss the United War Work campaign and
plans to make a good showing for the theatrical
and music interests. Among those who made
short addresses were William Fox, the theatrical
man; Louis Bernstein, of Shapiro, Bernstein'&
Co., and George H. Bliss, of the Q R S Co.
DEATH OF MRS. J. B. LAMPE
The many friends of J. Bodewalt Lampe, of
Jerome H. Remick & Co., were shocked last
week to learn of the death of his wife, Josephine
Dell Lampe, which occurred at her home, 1421
University avenue, this city. Her death was
hastened by the death, less than two weeks pre-
viously, of her son, who was in army camp. Mrs.
Lampe was born in Chicago, and had lived in
New York City for the past fifteen years.
USING ARTMUSIC NUMBERS
Miss Lillian Russell has selected a couple of
songs from the Artmusic catalog, which she
alternates with her encore numbers in her
vaudeville engagements. Among the numbers
in the Artmusic catalog, which are favorites with
the concert singers at present, are the ballad
"Forever Is a Long, Long Time," and the patri-
otic number, "One For All and All For One."
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Plans have been completed for a great get-
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Publishers' and Dealers' Association, to be held
in the Green Room of the Hotel McAlpin on
next Tuesday evening, November 19. It is
stated that an excellent program of entertain-
ment has been arranged, under the direction of
"Jack" Bliss, with the big features now being
kept secret.
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