Music Trade Review

Issue: 1922 Vol. 74 N. 15

Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
50
THE MUSIC TRADE REVIEW
APRIL 15, 1922
CONDUCTED BY V. D. WALSH
"EMALINE" SVYT DISMISSED
METRO CO.JNJSEW HOME
Supreme Court Dismisses Royalty Action Brought
Aganst J. H. Rem'ck & Co.
Now Located in Hilton Building—Arthur Grant
to Write Some New Numbers
Supreme Court Justice Platzek dismissed the
complaint in suit brought against Jerome H.
Reinick & Co. by Aileen Stanley and Robert N.
Buttcnuth, in which George A. Friedman, Inc.,
was made co-defendant. The suit involved the
royalties on the sale of the song "Emaline," an
interest in which Miss Stanley, a vaudeville
singer, and her p.anist had purchased from
George A. Little, one of the writers of the song.
The court ruled that under the agreement an-
nexed to the complaint an assignor assigned all
his rights in the song to defendant Friedman and
the complainants could show no possible right
of action against the Remick Co.
The decision is of much importance to song-
writers, as it clears up the question of what rights
ar. author or composer may have, once he has
assigned the copyright of a number to a pub-
lisher.
The case of Miss Stanley and Mr. Buttenuth
is unique, in that it has to do with the song
"Emaline," written by George A. Little and
Jimmy McHugh and placed for publication with
George Friedman, Inc. Friedman turned the
song over to the Remick Co., and Little
subsequently sold his interest in the number to
Miss Stanley and Mr. Buttenuth, who wanted to
collect royalties from the Remick concern. Miss
Stanley and her vaudeville partner are said to have
paid Little $1,000 for his share in the royalties
of the song. When Jerome H. Renvck & Co.
announced the royalty statement day for their
various publications numerous claimants appeared
for the "Emaline" royalties, and payment has
been withheld awaiting the clearing up of the
matter.
It now appears that, as Remick & Co. are out
of the case. Miss Stanley and her partner will
have to look to Friedman, Inc., for the Little
share of the royalties which Remick will turn
over. This will doubtless be held up for a con-
siderable period, for Friedman states that he paid
Little an advance on his royalties amounting to
$300 at the time the contract was signed, and
he naturally will withhold it from whatever royal-
ties he receives from Remick & Co.
A still further complication appears, however,
in that a sister of Mr. Little's is also a royalty
claimant.
The Metro Music Co. recently removed from
the Ciaiety Theatre Build ng, New York City,
to new and larger quarters in the Hilton Bu Id
ing, 1591 Broadway, New York. It is now an-
nounced that John Steel, one of America's fa-
mous tenors, is programing the firm's ballad hit,
"When You Gave Your Heart to Me."
Arthur Grant, the well-known composer, has
made arrangements with the Metro Co. to fur-
nish it with several new songs, including the
above publication. The Metro Co. has also ac-
quired the services of Joe Hollander, who has
been appointed professional manager of the com-
pany. Mr. Hollander is well known in music
publishing circles, having had experience in all
branches of the industry. He was formerly con-
nected with the Joe Morris Music Co. and the
Harry Von Tilzer Music Co.
' -
THE "HARDING BLUES"
Henry Busse, a member of Paul Whiteman's
Orchestra and composer of "Wang Wang Blues,"
has written a new song entitled "Harding Blues."
SONGS THAT SELL
Irving Berlin's Latest,
Greatest Song Hit
Some Sunny Day
Granny
You're My Mammy's Mammy
Tuck Me to Sleep In My Old
Tucky Home
Poor Little Me
:
THE COMING CONVENTIONS
Sheet Music Dealers and Publishers to Convene
in New York in June
An announced in these columns in the March
18 issue, the National Association of Sheet Music
Dealers will hold its annual convention at the
McAlpin Hotel, New York, on June 12 and 14.
The intervening day, June 13, is left open so that
interested dealers may attend the meetings of the
Music Publishers' Association of the United
States, which will be held at the Hotel Astor,
New York. Plans for the coming gatherings in
detail arc now being arranged.
_
You Can Have Every Light On Broadway
(Give Me One Little Light Bt Home)
1
You for Me—Me for You
II
Ki-Ki-Koo
Lonesome Hours
||
I Wonder Where He Went 1
And When He's Coming Back Blues
:
|
1
Universal Dance Folio No. 2
Say It With Music
From
the Music
Box Revue
Everybody Step
From the Music Box Revue
1
They Call It Dancing
From the Musio Box Revue
CARROLLJ^OSES SUIT
Court Decides Composer Is Not Entitled to Mo-
tion Picture Royalties
A decision of importance was recently handed
down by Judge Hand in the United States Dis-
trict Court of New York when Earl Carroll lost
his suit for a share in the motion picture rights
of "So Long, Letty," in which he contributed the
lyrics and music. Carroll sued Oliver Morosco
and Elmer Harris, who were the producers of the
musical comedy and who sold the picture rights
of the show.
Judge Hand decided to dismiss Carroll's com-
plaint on the ground that as a composer of the
music and lyrics he is not entitled to any share
in the motion picture rights. For the use of the
music in conjunct : on with the picture the com-
poser would get his usual royalties.
The Melody Song Hit
oi the Year
Just a Little Love Song
IRVING BERLIN, Inc.
1607 Broadway,
New York
VIOLINSKY A PUBLISHER
A new entry into the ranks of the publishers
is Violinsky, operating under the trade name
of the Princeton Music Co, 116 West Forty-fifth
street. Violinsky composed such songs as "When
Francis Dances With Me" and "Vamping Rose."
1 he first song released by the new company is
entitled "Night After Night."
MR. DEALER! These Numbers Are Advertised From Coast to Coast
LONESOME MAMA BLUES
By the Composer who wrote "Dangerous Blues."
The feature song of the biggest Blues and Jazz
singers, and the orchestra favorite Fox Trot.
SUPPOSE THE ROSE WERE YOU
By Lucien Denni. He wrote "Starlight Love."
Kitty Gordon's knock-out Hit.
Hundreds of other acts using it.
Make Your Profit—Have Them in Stock!
OTHER BIG SELLERS
12TH STREET RAG—Song
DANGEROUS BLUES
12TH STREET RAG—Instrumental
MANILA MEMORIES
KISS ME DEAR
J. W. JENKINS' SONS MUSIC CO.
Kansas City, Mo.
Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
APRIL 15,
THE
1922
MUSIC TRADE
REVIEW
THREE OCLOCK
MORNING
h
It's
three
o" qlock in the morn
-
Ing,
"ANGEL CHILD" ON RECORD
THE RADIO AND^SHEET MUSIC
"ANSWER"_SUIT SETTLED
Two Forms of Witmark Number Issued en
Columbia Record
Broadcasting Service Has Had No Appreciable
Effect on Sheet Muse Sales, but Publishers
Feel That They Siould Be Compensated by
Radio People for Use of Copyrighted Music
Pr v_te Agreement Arrived at in Suit Against
Harry Von Tilzer Co.
The Columbia Graphophone Co. released this
month a unique record, inasmuch as both sides of
the disc are devoted to the M. Witmark & Sons'
song, "Angel Child." On one side is an orchestra
recording of the number, arranged as a fox-trot
for dancing, and on the reverse side is the song
in vocal form by Al Jolson.
This is, after all, a tribute to the popularity of
"Angel Child," which is among the most active
of the present season's songs.
BENNETT MARKS PASSES AWAY
Father of E. B. Marks Dies in His Eighty-eighth
Year—Recently Celebrated Golden Wedding
Bennett Marks, father of Edward B. Marks, the
well-known music publisher, died on April 3 at
his residence, 550 Riverside Drive.
Mr. Marks was eighty-eight years old, a Civil
War veteran and a member of the Provost Guard.
At one time he was a member of the Troy, N. Y.,
Fire Department.
In November he celebrated the golden anniver-
sary of his wedding. He is survived by a widow
and four sons, Edward B., Max, Sol and Mitchell
B. Marks.
Maurice Richmond, of the Maurice Richmond
Music Supply Co., who has been confined to his
home for the past several weeks following a nerv-
ous breakdown, returned to his desk this week.
WATERSON,
BERLIN & SNYDER CO.
The sudden and tremendous development of
the radio, and particularly the publicity given
through the newspapers and in other directions
to the broadcasting concerts, naturally made a
deep impression on the various divisions of the
music industry likely to be affected by this free
distribution of music. There was much excite-
ment in music publishing circles, particularly at
the outset, over the po'sibilit'es of taking ad-
vantage of the nnu ual publicity offered by tiic
radio in plugging new numbers.
There has followed, however, somewhat of a
reversal of feeling on the part of the publishers,
who have begun to believe that in the long run
they are likely to be the losers if the radio con-
tinues to succeed. Individual publishers and their
trade associations have gone into the matter to a
considerable extent and the feeling has become
general that the music publishers should be com-
pensated in some way by the broadcasting sta-
tions for the use of their copyrighted music, just
as theatre orchestras mu.-st pay for the right to
perform publicly the same music.
There has been a feeling in certain quarters
that the broadcasting of popular music might
have a tendency to cut into sheet music sales,
but this effect has not yet become evident.
Neither is there evident any noticeable good effect
from the publicity obtained through the broad-
casting services.
At the present time the publishers are watch-
ing developments very closely and some action
will undoubtedly be taken should the radio
broadcasting service continue to grow and show
indications of becoming a permanent entertain-
ment factor.
S-O-N-G H-I-T-S
NEW SPRING OFFER
Lola Lo
Pick Me Up and Lay Me Down in
Dear Old Dixieland
By the Sapphire Sea
Jimmy, I Love But You
Cuddle Up Blues
Waikiki, I Hear You Calling Me
The Sheik of Araby
My Mammy Knows
' •
She's Mine, All Mine
-. " •
If You Knew
Molly O
Leave Me With a Smile
The Sam Fox Pub. Co., of New York and
Cleveland, O., has just announced to the trade
a Spring offer on the Sam Fox Library Edition.
The offer is in three combinations—piano solos
and songs or the songs and solos in individual
order.
Published by
WATERSON,
BERLIN & SNYDER CO.
Strand Theatre Bl I*., New York City, N. Y.
MO-NA-LU
BELWIN'S LATEST
The Waltz Ballad Supreme
"YOU'RE ALWAYS
SPREADING SUNSHINE"
Q R S Word Roll No. 1881
KUNDE AND ALBERT
CAWKER BLDG.
MILWAUKEE, WIS.
The suit of Norman J. Yanse against the TIarry
Von Tilzer Music Co. in the New York City
Court was settled privately last week after a
jury, which had been out three hours, failed to
agree. Judge Callahan, who heard the case, ad-
vised tin's private settlement, as the court was
anxious not to create a precedent. If Vause had
been successful in his suit it would have meant
tl at songwriters holding contracts since 1909
could bring suit on similar cause.
The suit was brought to recover a portion of
the record royalties which Vause alleges he was
entitled to, having written the song "Answer,'"
although his contract with the publisher specified
that the writer was to receive no royalty on any
medley in which his composition might appear in
mechanical form. One of the lead'ng record
manufacturers issued what is described as a
medley involving two numbers and Vause alleged
that two numbers did not constitute a medley.
The mechanical reproduction of two or more
songs in a medley has invariably released the
music publisher from dividing the royalties re-
ceived from such with the songwriters. How-
ever, this did not always prove agreeable to the
latter and no legal precedent has ever been estab-
lished and, with the closing of the present case,
as outlined above, the question is still legally in
the same status as it was prior to the bringing
of the action.
NEW IRISH LOVE SONG
"My Machree's Lullaby," a new Irish love song,
was recently released by Leo Feist, Inc. Among
the headliners in vaudeville using the number are
Frank Mullane, Jack Reddy, Lew Tilford and
Officer Hyms.
Sherman May & Go.
SAN FRANCISCO
Sparkling
Melody hits
'Another Waltz
with You "
» "Smi'tiri" n
TbmorrowLam
^Rosemary"
jamasK. Moon n
You
wont bcsony
Order from your jobber
or direxft from us

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