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58
THE
"AVALON" CASE HEARD IN COURT
MUSIC
TRADE
REVIEW
NEW PUBLISHERS IN INDIANAPOLIS
Judge Hand, in U. S. Court, on Complaint Fred L. Myers Appointed Director of Publicity
for International Music Producing Co.
Brought by Ricordi & Co., Issues Temporary
Injunction Against Jerome H. Remick & Co.
INDIANAPOLIS, IND., January 31.—Fred L. Myers,
The United States District Court room in the well-known Indianapolis newspaper man, has
Federal Building, New York, where Judge Au- accepted the position of director of publicity
gustus N. Hand presides, took on the appear- and advertising for the International Music
ance of a lively music store last week during Producing Co., Inc., of which Dr. J. C. Stephen-
the trial of the action brought by G. Ricordi & son, of this city, is president. The company
Co. against Jerome H. Remick & Co., to restrain has an authorized capital stock of $500,000.
The company publishes the Popular Songs
the latter from continuing the publishing and
sale of the song "Avalon," claiming that the Monthly. Two of its songs are now on player
music of the popular song is the same as that rolls. They are "When the Moon Shines Down
of the aria in the opera "La Tosca," for which on the Hills of Old Kentucky" and "Egyptian
Ricordi & Co. hold the copyright. In order to Love Song."
enable the court to judge the similarity of the
NEW GUS EDWARDS SONG SUCCESS
music a piano, a violin, a trumpet and a talking
machine were called upon to play in turn the
"I Want You Morning, Noon and Night" Being
popular song and grand opera aria.
Featured in His "Song Review of 1921"
After hearing both sides of the case Judge
Hand granted a temporary injunction against
Gus Edwards, who already has so many song
Remick & Co., with the proviso that Ricordi & hits to his credit, is responsible for the music of
Co. furnish a bond of $25,000 as a guarantee that the new fox-trot song, ''I Want You Morning,
the litigation would be carried through. He also Noon and Night," which, it is declared, is of
agreed to suspend the temporary injunction a caliber that will add materially to Mr. Ed-
against Remick & Co. provided that company wards' song-writing laurels. The words of the
put up a bond of a similar amount to cover song are by Will J. Cobb, and M. Witmark &
possible damages should the suit be decided Sons are the publishers.
against them.
"I Want You Morning, Noon and Night" is
being featured with great success in Gus Ed-
wards' "Song Review of 1921," and several
SALES RIGHTS TO BURR CATALOG
encores are demanded at each performance.
F. J. A. Forster, the Chicago publisher, has
just contracted with the Henry Burr Music
"CHINA MOON" IS RECORDED
Corp. for the exclusive exploitation rights to the
latter firm's catalog. This applies to the sales
Carl Fischer is the publisher of the successful
end of the business and in nowise affects the fox-trot ballad "China Moon." The number has
mechanical reproduction department, which re- been recorded by most of the talking machine
mains as it has hitherto.
and player-roll manufacturers.
FEBRUARY 5, 1921
NEW SCORE OF "BEGGAR'S OPERA"
Boosey & Co. Prepare Vocal and Piano Score of
John Gay's Work
John Gay's "The Beggar's Opera," from the
original version of 1728, is issued by Boosey &
Co. in the form of a voice and piano score, "as
performed at the Lyric Theatre, Hammersmith."
This revival in a suburban district at the west of
London on June 5, 1920, has not only been heard
there continuously for seven months since, but
also transplanted, as in 1750, to New York.
Fifty-two musical numbers are included, Eng-
lish dances and airs of popular ballads once
adopted by Dr. Pepusch, and now revised and
augmented by Frederick Austin. The songs, as
remarked in a note to the score, may be used in
concert, while all rights of dramatic perform-
ance are reserved by Nigel Playfair.
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