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62
THE
FEATURING SHERMAN, CLAY HIT
MUSIC TRADE
REVIEW
MARCH 26, 1921
"INFANT" SONG WRITER IN COURT
business of writing lyrics. Payments may prop-
erly be made to him as compensation for his
The Sherman, Clay & Co. Hit, "Do You Ever Sam Coslow Fails to Secure Injunction Against services and this is particularly true where he
Think of Me/' Being Used by Tellier's Jazz
Publisher and Other Song Writers—Case has been emancipated or manumitted. There is
Band in San Francisco With Great Success
That Affords an Interesting Precedent
a general principle underlying all the cases that
the transactions of the infant should be upheld
SAN FRANCISCO, CAL., March 19.—Ray Tellier's
in an application for an injunction made by so far as they are beneficial to him. In the last
Jazz Band, playing at the California Theatre, Sam Coslow, the song writer, asking the court analysis, too, I am unable to understand what
this city, is featuring the Sherman, Clay & Co. to restrain Joe Ribaug, Joe Gold and Joe Gib- basis the plaintiff finds for a prayer for relief
popular hit, "Do You Ever Think of Me?" The son and Leo Feist, Inc., from paying royalties which seeks not merely a rescission of the in-
well-known and popular Tellier aggregation as on the song "Grieving for You," Judge Bijur, fant's act, but undertakes to impose upon those
a second choice has picked out another number of the Supreme Court, refused to grant the who have contracted with him a contract entirely
published by the same house: "I'll Keep on Lov- plaintiff's appeal.
different from that which they were willing to
ing You," which is beginning to take through-
The whole industry, including the music pub- make. 'Motion denied."
out California very well. "Do You Ever Think lishers and song writers, can look with pleas-
of Me?" has already become a second "Whis- ure upon the decision in question, inasmuch as
NO REDUCTION IN ROYALTIES
pering" in this territory in point of popularity. the case involved, among other things, the rights
A very attractive cut-out designed to make of one, who had previously sold the lyrics of a Conferences Between Publishers and Roll Man-
one turn around and look twice has been de- song for a small sum to take part in the divi-
ufacturers Produce No Results So Far as a
signed for "Do You Ever Think of Me?" by sion of the royalties after the number in ques-
Reduction of Word Royalties Is Concerned
Ed Little, manager of the Sherman, Clay & Co. tion had attained the position of a hit.
publishing department, and will be sent out to All too often it is the case where either the
The series of meetings held by the leading
the trade shortly. The cut-outs are about one song writers themselves have purchased lyrics player-roll manufacturers and the Musical Pub-
foot square and portray a bright open hearth or a melody or the music publishers have pur- lishers' Protective Association, which for a time
with a man seated before it.
chased outright a given number, and it has it was thought would result in the music pub-
afterwards, through exploitation on a large scale, lishers accepting a reduction of the royalty now
been acknowledged as a hit, that the original received for the use of copyrighted words on
SHEET MUSIC MEN IN PORTLAND
owner regrets the sale and endeavors, through music rolls, has finally resulted in the publish-
Several Travelers for Eastern Publishers Visit- the aid of the courts, to obtain a larger sum ers refusing to grant any such concession to the
than the original bill of sale involved.
roll men.
ing the Pacific Coast
The case in question was brought through a
The music roll manufacturers made the plea
that business was anything but active at the
PORTLAND, ORE., March 18.—Portland has had a guardian, as Sam Coslow is under twenty-one
run of salesmen from the sheet music publish- years of age and in the eyes of the law an in- present time and the public looked forward to
a reduction in the retail price of rolls, and if
ers the last week. Louis Mack, who is located fant.
In rendering the decision the court said: "It the publishers were to allow a reduction in the
with the Bush & Lane Piano Co., has been vis-
ited by ' Sam Tarrant, representative of the appears that the infant wrote the words of this royalty rate on the use of words on rolls it
Harms Music Co., of New York; Messrs. Skil- song and sold it to one of the individual de- would assist the music-roll manufacturers in
ton, of the Schirmer Co.; Yaeger, of the John fendants for $25; that the individual defendants lowering their prices and encouraging sales.
Church Co., and Furniss, of the Oliver DHson collaborated on the music and that the corporate
From all indications the music publishers
Co. Mr. Mack reports the sale of music dur- defendant, under some agreement with them for have taken the attitude that the present royalty
ing February the biggest he has had since he royalties or similar compensation, published the rate received from such sources is none too
has been in the business. Music teachers of song, which is alleged to have become popular large and that any slump felt by the player-roll
Portland all have large classes and it is hard and financially successful. The infant recites in manufacturers cannot be charged to the royal-
to supply the great demand for teaching music. his affidavit that "after he discovered this fact he ties received by publishers.
The song "Vale" (Russell), published by the 'disaffirmed my contract with said defendants
Boosey Music Publishers, is taking well among . . . and demanded that my name be placed on
Two Real Sellers
all copies of the song and that I receive my share
those who like semi-classical numbers.
of the royalties.'
"The guardian ad litem does not claim to have
done anything by way of avoiding the infant's
(I FEEL SO BLUE)
contract. It is a fact that no offer was made
Fox Trot Song
A Sure Hit
to return the consideration received by the in-
fant and there is no suggestion in the moving
papers that it has been wasted or otherwise
disposed of by the infant, or that he has not
A Waltz Ballad of the Better Class
Dealer*, write for special introductory price*
ample means to repay it.
". . . It appears from the "answering affidavits,
M E L R O S E BROS.Publishers
which are not denied, that the infant has made a
MeKINLEY MUSIC CO.'S
"Since I Lost You"
New Hit Ballad
"My Old Home of Yesterday"
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"NOW I LAY ME DOWN TO SLEEP" ;;
f
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"DEAREST ONE"
"BEAUTIFUL ANNABELL LEE"
"ALL FOR YOU" (New)
\ "BROKEN MOON" ( " )
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( " )
X "WITHOUT YOU" ( " )
F ME.NRI KOCKMANN
M< l\l\!.l'vMl".Mi:O
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IGHTS
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