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50
THE
MUSIC
TRADE
REVIEW
AUGUST 6, 1921
THREE PUBLISHERS SUING
ACTIVE CAMPAIGN STARTED
TO ELIMINATE JAZZ
Indianapolis Hotel and Motion Picture Theatres
Sued for Alleged Infringement of Copyright
Law Through Use of Numbers Without Pay-
ing Royalty Tax Imposed by A. S. C. A. P.
Al Rose Co. Featuring Two Late Hits With
Much Success
ANDERSON, IND., July 28.—The four leading
bands of this city have agreed to eliminate the
jazz numbers from concert programs. More
than one hundred musicians favored the adop-
tion of classical music, believing it would con-
tribute educational value along with entertain-
ment. It was agreed, however, that concert pro-
grams will continue to require variety and that
classical numbers will be interspersed with popu-
lar, patriotic and religious compositions.
CHICAGO, III., July 30.—The Al Rose Music Pub-
lishing Co., publisher of "My Chinese Cherry
INDIANAPOLIS, IND., July 28.—Charges that the Blossom," "You Are the Rose of My Heart,"
copyright law has been violated are made in and other numbers, has carried out some very
suits for injunction and damages filed in the active publicity work in the chain of Stanley
Federal court here against two motion picture Theatres of Philadelphia, Pa. These motion
theatres and one hotel company by Jerome H. picture houses will feature, in a special cam-
Remick & Co., the Broadway Music Corp. and paign lasting one week in the early part of
M. Witmark & Sons, of New York. The com- August, the entire catalog of the above publish-
plaints assert that the defendants have been ing house, and this, together with the fact that
using music composed and published by mem- orchestras in other large trade centers of the
bers of the American Society of Composers, United States are using the numbers, will, it is
Authors and Publishers without paying the thought, assist materially in the exploitation
royalty tax imposed by the society.
plans of the company. Lyrics of the above num-
The suits are the outgrowth of negotiations bers were written by Al LeBow and the music
with amusement and hotel companies of the is by Ray Hibbeler.
city the first of the year, when a representative
of the society announced the organization's in-
ELKS HEAR FISCHER NUMBER
tention of collecting the royalty tax, which
amounts to approximately $100 a year for hotels "Song of the Mush On," Published by J. Fischer
and to 10 cents a seat annually for theatres in
& Bro., Featured at Recent Convention
which the protected musical compositions are
used. Most of the amusement and hotel com-
One of the principal musical attractions staged
panies at that time agreed to pay the tax.
in connection with the Elks' annual convention,
recently held in Los Angeles, was given under
the auspices of the Minneapolis Elks' Glee
FILE TWO SUITS
Club, of which Dr. W. Rhys-Herbert, the well-
known composer, is the conductor.
Music Publishers Allege Infringement of Copy-
right by Amusement Resort
The almost unheard-of happening of the turn-
ing away of an overflow of 20,000 people who
Charges of an infringement of copyrights are had planned to attend the Elks' entertainment
made in two suits recently brought against the was reported in the daily press. Dr. W. Rhys-
Paragon Park Palm Garden, filed in the United Herbert's new "Song of the Mush On," published
States District Court by the Broadway Music by J. Fischer & Bro., New York, was given a
Corp., of New York, and the T. B. Harms Co. prominent place on the Los Angeles program,
It is charged that the presentation of two as well as in fifteen cities from Los Angeles to
popular songs, "I Used to Love You, but It's Minneapolis, and in every instance was sung
All Over Now," and "Sally," in Palm Garden by a soloist who accompanied the glee club.
programs was made without permission. Dam-
A WONDERFUL IRISH MELODY
ages of not less than $250 are asked in each
suit, together with a restraining order prohibit-
ing further use of the compositions.
"When I Dream That
Auld Erin Is Free"
NOTICE TO THE TRADE!!
Thinking ol You Sr £W
Special Prices to Dealers
FRED HELTMAN CO., Cleveland, 0 .
(Established 1908)
Retail Price, Regular Copiet 35c
GOTT A. HENDERSON
5444 Prairie Avenue
Chicago
TO MUSIC DEALERS
WE ARE JOBBERS
OF MUSIC
Popular. Classic, Music
Books and Studies
Our pricea on all claue* of mufic will average the
lowa«t. Located in the center of the country and
carrying the tremendous ttock that we do we are
in a position to •upnljr all your wantt at a SAVING
TO YOU OF TIME, MONEY A N D EXPRESS
CHARGES.
All orders shipped the day we get them.
GIVE U S A T R I A L O R D E R
MCKINLEY MUSIC CO.
1501-1513 E. 55th Street
CHICAGO
IN THE AFTERGLOW
By J. Will Callahan and Frank Grey
Programmed by America's Foremost Con-
cert Artists. Featured by
Vaudeville's Greatest Headliners
Played by 15,000 Good Orchestras
OncMe>r,w*«oo4 ID tb.
«r. Usr jki»,
In the
hiun
of UK t w l . llcht
The Ballad Success
There's Sunlight
In Your Eyes
Published by
Copyrighted, 1919. by Hinds. Hayden & Eldredge. Inc.
HUNTZ1NGER & DILWORTH
HINDS, HAYDEN & ELDREDGE, Inc.
Incorporated
"There Is Only One Pal,
After All"
"Main Street"
"Sighing" (j««t ior YOU)
"Sleepy Hollow"
(Where I First Met You)
"It Must Be Some One Like Yon*
"Dreamy Hawaiian Eyes"
"Moonlight Land"
"You're to Blame"
"Sweet Hawaiian Moonlight"
"Weeping Willow Lane"
"Pickaninny Blues"
"Play Me a Dixie Melody"
"Hawaiian Rose"
"Wishing Moon"
159 West 57th Street
NEW YORK
11 UNION SQUARE
•••»•••»••••••••••••••••••••••••
ROBERT TELLER SONS & DORNER
I Remick Mid-summer
Specials
Music Engravers and Printers
SEND MANUSCRIPT AND IDEA OF
TITLE FOR ESTIMATE
311 West 43d Street
"EMALINE"
"WHY DEAR"
"SATURDAY"
"MY DADDY"
"TEA LEAVES"
"KENTUCKY HOME"
"REMEMBER THE ROSE"
"GOLDEN SANDS OF WAIKIK1"
"BEFORE WE SAY GOODNIGHT"
NEW YORK
New York City
BUY YOUR MUSIC FROM
BOSTON
Publishers
WALTER JACOBS BOS^ON
'Teter Gink" £?£,
£?£, 1
1 "Arabella"
Oliver Ditson Company
BOSTON
NEW YORK
Anticipate and supply Every Requirement of Music
Dealers
JEROME H. REMICK & CO. ?
DETROIT
NEW YORK CITY
CHICAGO <•
4
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White-Smith Music Pub. Co.
PUBLISMEU, P t l N T H S AND EMGBAVKM OF
Main Offices: 40-44 Winchester St., Boston.
Branch Houses: New York an* CUeas*