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THE MUSIC TRADE REVIEW
MARCH 31, 1923
53
VSIC rVBLISHIJS©
CONDUCTED BY V. D. WALSH
TO FORCE LICENSE FEE FROM BROADCASTING STATIONS
J. C. Rosenthal, of Society of Composers, Authors and Publishers, Outlines Plans of That Or-
ganization to Obtain Royalties in Interview With Representative of The Review
WASHINGTON, ID. C., March 24.—The unlicensed
broadcasting of music by radio stations must
stop if authors and composers are to receive
their just reward, and will stop if the present
copyright law is upheld by the courts, according
to J. C. Rosenthal, of the American Society ;of
Composers, Authors and Publishers, who to-day
served warning upon broadcasting stations rep-
resented at the radio conference being held at
the Department of Commerce that his organiza-
tion will proceed with court actions in all cases
of copyright infringement.
The sale of phonograph records, phonographs,
music rolls .and player-pianos has been mate-
rially injured by broadcasting, Mr. Rosenthal
declared, although others present, among them
representatives of Eastern department stores,
asserted that sales of • such products last year
were better than ever. However, the radio con-
ference was made the occasion of a declaration
of war by the authors' organization, which is
prepared to fight for the preservation of its
rights.
Discussing his problem with the Washington
correspondent of The Review, following his
appearance before the radio committee, Mr.
Rosenthal declared that the broadcasters now
are the only branch which is opposing the claim
of authors that they are entitled to royalty pay-
ments if their compositions are used for public
performances. The claim of the broadcasters
that they do not broadcast for profit was refuted
by Mr. Rosenthal, who pointed out that while
I hey may receive no pecuniary remuneration,
they do profit by the advertising of the concerns
operating the stations, and in the increased sale
of radio material and sets carried by many such
companies and in* other ways.
"While the conference was fundamentally
called to determine the proper allocation of
wave lengths, which primarily was a determina-
tion of how and when stations were to be
operated, there was one further proposition which
requires discussion, namely, what can be broad-
casted legally," Mr. Rosenthal said.
"The Society of Composers, Authors and Pub-
lishers contends that under the present copy-
right law, any broadcasting station operated
commercially infringes a copyright every time
Stock These Sellers
Dealers who stock and display these
songs obtain gratifying results.
"THE LILAC TREE"
"HOME SWEET HOME
LULLABY"
"SOMEWHERE SOMEDAY"
"WHEN YOUR SHIP
COMES IN"
"IN THE AFTERGLOW"
Write for Special Introductory Offer
Hinds, Hayden & Eldredge, Inc.
11 Union Square
New York City
a musical composition is used without permis-
sion from the copyright proprietor," said Mr.
Rosenthal. "In appearing before the committee
I reviewed the history of the copyright law
since the Constitution was written and called
its attention to Section I, Article VIII, which
gave Congress the right to promote the progress
of science and arts by granting to authors and
inventors for a limited time the exclusive right
to their art and invention. In 1856 the first
copyright act was passed, prohibiting the public
performance of dramatic or musical composi-
tions and providing various penalties for viola-
tion. In 1897 the law was amended to include
musical compositions whether performed for
profit or not.
"The present act was passed in 1909 and con-
tinued the protection of dramatic and musical
compositions. Now, it is apparent that radio
broadcasting cannot be successfully maintained
without music, for it is generally conceded that
lectures, market, reports and similar matter
alone are not sufficiently attractive. The sooth-
ing influence of music is absolutely essential to
balance the program.
"The average radio listener is devoting his
time to obtaining musical programs by wireless,
real programs—not piano or phonograph rec-
ords—with the result that if the present radio
broadcasting continues it will seriously affect
the earnings of those engaged in the writing
and exposition of music."
ALLEGES COPYRIGHT INFRINGEMENT
Music Publishers Bring Suit Against Edward
Roth, Belmont Music Co. and Others
Upon the complaint of a number of publishers,
Edward Roth, Belmont Music Co., Inc., Barney
Abrams, Anna Matzkewitz, Herman Steinberg
arid Louis M. Greenberg, Inc., have been made
defendants in an action before Judge Augustus
N. Hand in the United States Court for the
Southern District of New York in which the
complaint charged the defendants with violating
the Copyright Act.
It is alleged that the defendants published
and distributed a booklet in which were printed
the lyrics, etc., of a number of popular songs,
placing the same on sale at a popular price in
a number of talking machine record stores.
The songs infringed were "Lost—A Wonder-
ful Girl," "Way Down Yonder in New Orleans,"
"Toot, Toot, Tootsie," "Who Did You Fool
After All?", "To-morrow," "Carolina in the
Morning." On March 16 Judge Hand issued a
writ of seizure which was executed on March 20
and all infringing copies, plates, moulds,
matrices, or type for the infringing copies were
"seized.
The discovery of the series of infringements
was made by the special investigating depart-
ment of the Music Publishers' Protective As-
sociation.
"FADED LOVE LETTERS" IN DEMAND
"Faded Love Letters," described as a song
with real music of the old school, published by
the Charles E. Roat Music Co., Battle Creek,
Mich., continues to have unusual popularity. It
has appeared on all the recent player roll re-
leases and it is understood it is booked for
early release on some leading records. The
song is also being widely sung to applause
wherever the number ^ heard.
SONGS THAT SELL
You Know You Belong
to Somebody Else
(So Why Don't You Leave Me Alone?)
Dearest
(You're the Nearest to My Heart)
—
— Ivy (Cling to Me)
— Choo Choo Blues
Little Someone
— Some
Every Wednesday Night
You Tell Her—I Stutter
Homesick
Open Your Arms, My Alabamy
Some Day You'll Cry Over Someone
Come on Home
Down Among the Sleepy
Hills oi Tennessee (new)
Don't Bring Me Posies
—
(It's Shoesies I Need)
Some Sunny Day
Truly
Just a Little Love Song
Yankee Doodle Blues
Early in the Morning (Bines)
Night
New Hampshire
Venetian Blues
Constantly
Kissing Time (Waltz)
—
—
Universal Dance Folio for 1923
IRVING BERLIN'S NEW
Music Box Revue
Crinoline Days
Lady of the Evening
Porcelain Maid
Pack Up Your Sins
and Go To The Devil
Will She Come From the East?
The Little Red Lacquer Cage
Bring On the Pepper
—
—
IRVING BERLIN, Inc.
1607 Broadway, New York
MARY PICKF01W LOSES SUIT
Cannot Recover Damages From Waterson, Ber-
lin & Snyder For Use of "Daddy Long Legs"
A'LBANY, N. Y., March 23.-—Publication of the
song "Daddy Long Legs" and others, accom-
panied by the use of the name and picture of
Mary Pickford, docs not entitle Mary to dam-
ages of $3,000 from Waterson, Berlin & Snyder,
theatrical producers, the Court of Appeals held
to-day. Elizabeth A. Reilly, agent of Mary
Pickford, brought the action which involved the
terms of a contract entered into by the pro-
ducers and the movie star in May, 1919.
Sheet music is profitable always when prop-
erly handled.
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