Music Trade Review

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52
THR
MUSIC
TRADR
REVIEW
8, 1923
SEPTEMBER
11Nfffi:WOiUDlJ~~ ]
CONDUCTED BY V. D. WALSH
STANDARD PUBLISHERS FORESEE GOOD FALL PROSPECTS
SONGS THAT SELL
Opening of Fall Musical Season Brings to Dealers Generally Basis of Good Demand During th e
Coming Months-Popular Publishers Also Foresee Good Season
There has been a decided progress in music
appreciation an d music development in this
co untr y durin g the past two years. This is im­
pressively s ub stantiated by the sales reports of
th e leadin g s ta ndard publishing houses. All of
th ese catalogs have shown much activ it y and th~
demand for t eac hing pieces, particularly, has
been in remarka ble volume. In tim es past th e re
have been expressi ons from various sources in
which it was pointed out the vogue of the play­
er-piano, talkin g machine and the enthusiasm
for radio would, in time, have a tendency to
curtail th e desire for piano playing on th e part
of p upil s . But such does not seem to be the
case as, despite the great volume of sales of
th esc lat te r products, the desire personally to
p lay m usica l instruments of all kind s is evi­
d e ntl y on the in crease. Certain ly th e sta ndard
field is holdin g it s own, if not m a king g reat
ga lll S. Undoubted ly, the propaganda for music
appre ciation is bearing fruit and the use of me­
chanica l instruments is creating a f ertile soi l,
,,,ith th e res ult that new additions a re made to
~' he ran ks of those who feel the call to express
lhemse lve s musically.
While it is true that popular s hee t music
sa les hav e not been as lar ge as publishers of
,ue h wo rk s might wish, there is ample evidence
that tht' d eve lopment and pro gre,s in the stand­
;c rd fi e ld ha ve not been the cause of th a t. While
in ge ne ral the volume of popular sales has been
somewhat under normal the fact that the out­
standing issues have reached large totals would
seemingly indicate that some of the popular re­
leases have not been up to standard. U ndoubt­
edly, another factor that has a bearing is the
number of popular releases during the past year.
They have been quite voluminous, with the re­
s ult that the sale has been spread out over a
greater number of prints. The vo lume of sales
in total probably h as bee n qu it e as large as any
past recent season. This is substan tiat ed by a
report from probably th e larges t popular pub­
lisher for the first eig ht months of the present
year, which shows th at sales, in comparison
with 1922, have shown cons iderable increase
during that period.
From the dealers' standpoint the. above
resume of the year' s act ivities, both in regard
to standard publication s and popular works, is
quite optimistic. Undoubted ly, the retailer will
close the year with a bett er margin of profit
than was the case durin g 1922. With the open­
ing of schoo ls and con se rvatories and the nor­
mal consumption of s tandard works during the
coming Fall ther e s hould be no doubt of this.
The popular field can b e depended upon to turn
out its quota of exceptiona l sellers. In fact,
so far as this latter division of the music busi­
ness is concerned, s uch a situation is assured,
for the September r eleases of popular numb ers
more than justify such an assertion.
BAMBERGER & CO. TO PAY ROYALTIES FOR COPYRIGHTS
Newark Department Store Bows to Decisi'o n of District Court and Will Not File Appeal­
Victory for Society of American Composers, Authors and Publishers
Down Among the Sleepy Hills 01
Ten-Ten-Tennessee
Indiana Moon
That Old Gang-of Mine
When You Walked Out
Someone Else Walked Right In
Love (My Hearl Is Calling You)
You Tell Her-I Stutter
You Know You Belonu
10 Somebody Else
(So Why Don't You Leave Me Alone 7)
Dearest
(You're the Nearest to My Heart)
-
-
Ala Moana
Nuthin' But
By the Shalimar
Crinoline Days
From I .r ving Berlin's New ]\fusic Box
Revu~
Lady of the EveniI!U
From Irving Berlin's New l\Iusic Box Rcvu('
Pack Up Your Sins
and Go to the Devil
From Irving Berlin's New l\ll1sic Box Revue
L Ba111berger & Co., the defe ndants in the
radio-copyr ight suit brou ght by the American
Society of Composers, Authors and Publishers,
\\hich was decided in favor of the plaintiffs in a
recent decision handed down by Judge Lynch in
th e U ni ted States District Court, Newark, N. ].,
have decided to drop the plan for an appeal.
Fo ll owing this deci sion on the part of Bam­
b e r ge r's, probably the la r ges t department store
in the State of New J e rsey, which operates a
radio broadcasting station, a license was taken
out by this compan y from the American So­
ciety of Composers , Authors an d Publishers for
the purpose of playin g songs and instrumental
,:e lect ions controlled by that organization .
The suit 'Nas in the n,lt ur e of a test case and
was the fir'st le ga l d ecision on the question of
radio broadcasting involving the use of copy­
righted works in the series of controvers ies
which has raged for many months mostly out­
side of the courts.
The fact that the Bambe rger organization has
decid ed to accept the District Court's decision
and the contentions of the American Society as
to copyr ight rights where radio renditions are
invo lv ed is most welcome to the majority of
composers and pub li shers. A continuan ce of th e
suit through an appea l, or a series of appeals,
might keep the quest ion open severa l years. If
any other radio broadcasting station plans to
fight the Society for what is termed its prop­
erty it will be nece ss ary to commence suit in a
Will She Come from the East?
FI'OJfl Irving ncrJiIl's New l'1t1sic Box Revu(
IRVING BERLIN, Inc.
1607 Broadway. New York
U ni ted States District Court, with the handicap
of having in record a similar suit decided in
favor of the Society and whi ch, undoubtedly,
would be taken into consid eration by every Dis­
(rict Court.
The fact that indir ect profit on ly was 111­
vo il'cd has s impl y sc rved to s tr e ng then the pub­
li , hc;s' ~ t allcl in thi s case.
E. T. PAULL MUSIC CO.'S NEW M.ARCH
MARCH VICTORIOUS
A Specially Pretty March, Tuneful, Catchy and Popular
Handsome Title-Good Swing-Easy to Play
Dealers Can Order From Their Jobber or From the Publisher
E. T. PAULL MUSIC CO., 243 West 42d Street, New York