THE
48
MUSIC
TRADE
REVIEW
OcrOBER
13, 1923
, INlf\tW~~VBiJSi\iN@ I
CONDUCTED BY V. D. WALSH
ROYALTY PROBLEMS ON COPYRIGHTS ARE DISAPPEARING
SONGS THAT SELL
Theatres and Radio Broadcasters Coming to Recognize Stand Taken by the American Society
of Composers, Authors and Publishers-No Reduction in Numbers Played
The announcement that ther e is in prepara
tion by the American Society of Composers,
Authors and Publishers a new schedule of roy
a lty rates to be paid by vaudeville th eat res for
the privil ege of using copyrighted music con
trolled by members of the Society during th e
year brings to mitid the fact that, despite s kep
tici sm in certain quarters at th e outset, the So
ciety has been able to brin g the great majority
of . the theatre s into line as recogni zing its
rights. That the Society endeavors to be fair
in its demands upon th e theatres is shown by
the fa ct that the complete schedule has been
held up pending a readjustment of the rates as
applying to the small "split week" vaudevill e
theatre.s.
The intere st ing point of the whole matter is
that the demands of the Society for royalt y pa y
ments have not appar ent ly had any material ef
fect in red uci ng the amount of copyri"ghted mu
sic used in the theatres which, recognizing th e
.rights of the Society, have made the desired
paym ents and ke p t right on using music with
out hindrance. In fact, in many case s it was
found cheaper to pay the a nnual royalties tha t;
to go to th e bother of building up programs
of non-copyri g hts or of numbers for which per
forming rights could be obtain ed without
charge. The willin gness to consider the pl eas
of the s maller th ea tres and the preparation of
the new schedule do much to di scou ra ge oppo
si tion to the new rates when the y are in effect.
A new schedule for the th ea tres, naturally,
arouses some question as to the status of the
rad io broad cas ting stations.
A considerable
number of th em have agreed to pay and are
paying roya lties to the American Society of
Authors, Composers and Publi she rs for the
privil ege of using copyrighted compositions
without hindrance and the deci s ion of the Court
in th e Bamberger case recen tl y served to add to
the li s t of tho se making th at concession with
out further ado. It is noti cea ble that, although
d en ying th e rights of th e Society to collect roy
alties for its members, some of the larger
broadcasting stations a re very careful to elimi
nate fr om their broadcast programs such num
bers as come under the copyri g ht ban. In fact,
selections pla ye d by the United States Mar ine
Band and by the New York Police Band or
acco mpanyin g artists have been cut off from
the radio because of th e fact that they were
covered by copyright, th e program bein g re
sumed throu g h th e a ir later. '
\<\Th a tever may dev e lop out of the broad cas t
ing si tuation it is inconceivable that the pub
li s hers could r elease their copyrights for broad
casting, except under s uch res trictions as would
ins ur e the full protection of those rights in the
event th a t the situation d eve lops to require such
protection. That the rad io may provi de a means
for publicity wi ll be admitted, but so do the
va udeville theatr es , a nd ye t th e latter are ex
pec ted to pa y for the use of protected music.
That Old Gang of Mine
Indiana Moon
When You Walked Out, Someone
Else Walked Right In
T en-T en-Tennessee
Love (My Heart Is Calling You)
Sittin' in a Corner (New)
If I Can't Get the Sweetie I Want
(I Pity the Sweetie I Get) (New)
--- --
-- . - -
You Darling You (New)
1
1
Nobody Else Can Love Me Like
My Old Tomato Can
Bit by Bit, You're Breaking My Heart
I Love to See the Dancers Shuffle Along
-
I Wish I Had Someone to Cry Over Me
Some Day
I
You
Salt Your Sugar
I
Dearest
You Know You Belong to Somebody Else
You Tell Her, I S-T-U-T-T-E-R
::
ORCHESTRA LEADERS TO ORGANIZE
Preliminary Plans for Formation of American
Orchestra Leaders' Protective Association
Laid at Meeting of Hotel Astor Last Week
Representati ves of a numb e r of th e leading
orchestras with headqu arte rs in ~ ew York met
at the Hotel Astor on Friday of las t week and
laid the preliminary pl ans for th e organization
of a permanent bod y to be known as "The
Ameri can Orchestra L eader s' Pro tective Asso
ciation," and designed along the lines of the
Music Publishers' Protective Association.
V. E. B. Fuller, repr ese nting- th e Philhar
monic Society; Eddie Elkins, Ra y Miller, Paul
Specht, Arthur Krau ss, Jo e Samuels and others,
attend ed the first meeting and discussed t he
various advantages that could be ex pected to
be d erive d from s uch an organization as that
proposed. It is d ec lared that the inte rests of
the members would be protected in" every DOS-
s ible mann er thr o ugh organi ze d effort s, a nd that
the Associ a t ion wo uld provide lega l counsel, a
collection ag ency, accident and h ea lth in sur
ance, et c., for the benefit of its members.
In order to complete the organization pro
gram a working committee of five was ap
pointed, includin g Eddie Elkins, Vincent Lopez,
Arthur Krau ss, Ray Miller an d Fred Hoff. An
ho norar y committee composed of P a ul White
man, Nath an Franko, Paul Specht and Arthur
Pryor was also elected. The fir s t report of the
wor:king committee was made a t a meeting o f
orchestra leaders at the Astor on Fr.iday of
thi s wee k.
RECEIVER FOR TRIANGLE CO.
.\5 a result of a suit filed by Clyde D. Emer
son against the Triangle Music Publishing Co.,
Inc., New York, an equ ity receivership ha s been
declared by the court. Chester B. McLaughlin
was appointed by Judge Learned Hand as re-
----~--------------------------------------~---
Universal Dance Folio No. 4
Special Edition
I
Song Gems from Irving Berlin's Third Annual
MUSIC BOX REVUE
--
I An
Orange Grove in California
I Little
Butterfly
I The Waltz of Long Ago
- I Learn to Do the Strut
--
I Climbing Up the Scale
--
I Tell
--
Me a Bedtime Story
lOne Girl
IRVING BERLIN, Inc.
1607 Broadway, New York
ceiver under bond of $5,000. The complaint
states liabilities ' are about $15,000, with assets
of appr oximately the same amount.
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Three Thousand Years Ago
r r L r 1 r J
Ev-'rynishll
J W I F J) J
$
crymy-seH 10
sleep
$---1,.
o-vel' you,
A FOX TROT BALLAD--·with a punch in both melody and lyric
@l.fO.FEIST, .. "
N .Y.C.