Music Trade Review

Issue: 1924 Vol. 79 N. 15

Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
OCTOBER 11, 1924
THE
"Where TTie
Iftbash Flow
MUSIC
TRADE
Playing
The Lyric is a ievn, awl i t s
Fox Trot Melody makes i t
a dGlidkt t o Dancers
55
REVIEW
em /
DOODLE.
DO© DOO"
THE SONO AND DANCE HIT
It's lively
rbytVlwi a n d cabclii)
deyus made It iitstautlu popular
o
Cant Go Wron^ With
SIMG
A
M
LITTLE SONGi
A SUNSHINE FOX TROT
"WoYouyeJMue, Here's "What To D o -
Sivid Yourself A little Soup.'
and flowers go hand in hand. This charming
lady has her mind set to make a success of
the business and will be pleased to hear from
her many friends in the field, who I am sure
will be glad to help her. It is a rendezvous
for the professional musicians as well as the
younger folks who are always interested in the
newer things in music.
The Beesley Music Co. is locally the music
store in the center of things, so to speak. Mr.
Beesley reports a splendid outlook for the Fall
and Winter season. Fergus Coulter is the man-
ager of the music department, a man of wide
knowledge in the music line, particularly the
standard field, and is very proud in relating the
fact that he is what you might term a living
encyclopedia' in all that there is to know. The
composer's name of "Silver Threads Among
the Gold" is as fresh in his memory as "Horsey
Keep Your Tail Up."
The largest department store in Utah, Auer-
bach Co., also operates a music department,
well managed by Mrs. Eva Scales, a lady with
considerable experience in the line, a charming
personality and very happy in her work.
The six best selling song hits in Salt Lake
City at the present time, as given in an inter-
view with Miss Lucille Darton, are as follows:
What Shall I Give My Pupil?
To Strengthen the Weaker Fingers—To Develop the Legato
Touch, or the Staccato Touch—To Use as a Study in Wrist Work,
Octave Work, Left Hand Melody, Crossing the Hands—and
Dozens of Other Problems>
You Will Find the Answer in the List of
MUSIC CLASSIFIED
ACCORDING TO
PIANO TECHNIQUE
From the Newly and Thoroughly Revised
M
9 C W
^
WORLD-FAMOUS
KlNLEY
15C
tSSSMESmm
a^opy
STANDARD
1 5 c
a copy
ten lights
Are Low*
(jAe Most Chctvutind
Waltz Hit of the YeaV
(1) "What'll I Do"; (2) "Mandalay"; (3) "Sweet
Little You"; (4) "June Night"; (5) "It Had to
Be You"; (6) "Rock a'Bye Baby Blues."
The three most distant post office stations
away from any railroad are located in Utah.
That is why it is called "The land of magnificent
distances."
OGDEN, UTAH
Ogden, Utah, is one hour's ride from Salt
Lake City, a rich community in many ways,
particularly in natural resources, and beauti-
fully situated. Glen Bros. & Roberts have
the leading music house of this city and have
recently moved into their new building. It
can easily be termed an institution of art, fin-
ished in cream color throughout, with beautiful
display rooms and handsomely fitted. While
in conversation with Mr. Holland, the manager,
he reported business excellent and was satisfied
that they are going to out-do their preceding
records throughout the store. Miss Ruth Davis,
who is termed "The Babe Ruth in Music" of
Ogden, is a kind of personality who displays a
great deal of sincere interest in trying to please
everyone who comes in contact with her.
The Jones Phonograph Shop is a unique stoic
displaying the best in phonographs, musical in-
struments and a representative stock of music.
I was pleasantly surprised in addressing a keen-
eyed person who was none other than Mr. Jones
himself who demonstrated such brotherly love
that I truly believe that if he is not a brother
Elk he is certainly eligible to be one, judging by
his character.
The largest department store in Ogden, W.
H. Wright & Son, has had a music department
in operation for many years. Mr. Fowler, the
manager of that department, as well as many
others, has always figured music as a valuable
asset to this institution. A varied stock is car-
ried, popular music as well as Black & White
songs and a splendid assortment of teaching
material. Miss June Rice is the lady in charge
of the department as well as possessing musical
ability.
"Bernie Prager,"' representing Edw. B. Marks
Music Co., New York, was kodaked by myself
upon entering "Glen's" talking about the best
selling numbers in their catalog and that Mr.
Marks does not permit breaking packages in
less than one hundred lots.
TEACHING MUSIC New Numbers Issued by
Selected by
STURKOW RYDER,
Celebrated Teacher, Composer and Concert Pianist,
and HENRY S. SAWYER,
Well Known Music Critic.
EDITORIAL STAFF of the McKINLEY PUBLICATIONS
Frederick A. Stock (Editor-in-Chief '"Music in the Home"
Edition). Anne Shaw Faulkner (Music Chairman, General
Federation of Women's Clubs). Sturkow Ryder, Victor Gar-
wood, Allen Spencer, Clarence Eddy, Arthur Olaf Andersen,
Allen Ray Carpenter, Henry S. Sawyer and Others.
Send for Catalog of "One Thousand and One" Piano Selections.
McKINLEY MUSIC CO.
1501-1515 E. 5Sth St.
CHICAGO, ILL.
Copyright, 1924, by McKinley Music Co.
the Oliver Ditson Go.
Additions to Ditson School Octavo Issue In-
clude "Youth" and "Hark! the Lily Bells Are
Ringing"—Other Novelties
Among the new additions made to the Ditson
School Octavo is "Youth," a song for com-
mencement for one, two and three voices, and
"Hark! The Lily Bells Are Ringing," a two-
part song for schools. To the anthems for
mixed voices have been added "Oh, Como
Hither and Behold," "Oh, Be Joyful All Ye
MOONLIGHT
MEMORIES'
A NEV WALTZ HIT BY VINCENT R O S E ,
WRITE.R OR % LINGER AWHILE? WITH LYRICS
BY DOROTHY TZRRISS, WHO WROTE *THREE „
O'CLOCK IN THE MORNING* AND "WONDERFUL ONE*
Lands," "From All That Dwell Below the
Skies," and "The Lord Is My Strength," for
mixed voices with a bass solo. To the part-
songs for men's voices has been added the
"Song of the Street Sweeper," and to the part
songs for women's voices has been added "So
Swecte is Shee," from an English air arranged
by William Arms Fisher, the choral version
of which is by Victor Harris. There is also
included "My Bonnie Lass," a part song for
mixed voices. The Oliver Ditson Co. has also
issued "The Incarnation," by George B. Nevin,
a cantata for Christmas, based on a text chiefly
biblical. It is issued in book form, with solo,
chorus and organ. The contents include six
appropriate songs. This work should be pre-
sented now as a Christmas contribution. There
are a number of other Ditson Christmas can-
tatas, including two by George B. Nevin which
should be in demand for the balance of the
year.
Consult the Universal Want Directory of
The Review. In it advertisements are inserted
free of charge for men who desire positions.
eason s
uccesses
Results prove the following
numbers to be the
Biggest Profit Winners of 1924
YOU CAN TAKE ME AWAY FROM
DIXIE
FORGET ME NOT (Means Remem-
ber Me)
BRINCIN' HOME THE BACON
JUNE
BROKEN DREAMS
JUST A LULLABY
IN A WONDERFUL WORLD OF
OUR OWN
SOME ONE ELSE (Took Your Place
In My Heart)
Order Now from Your Jobber
or direct from
HEARST MUSIC PUBLISHERS
of Canada, Limited
Head Office, Winnipeg, Canada
New York—Chicago —Toronto—Vancouver
Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
56
THE
DIXIES
FAVORITE
SON*
'H&k brown" Comedy
Blues IbxTVot
mVTUOYED
[j^TOLE THE GAL THAT I LOVED)
A Stay Ballad VftJi
sympathetfc^felt
BURNING,,
KISSES"
ORIENTAL IN ATNIOSPHERE
WITH A SINGULAR NEW
FO* TROT
A beautiful
MUSIC TRADE
REVIEW
cant $c
VitK an\f
©\*)ZH LEO FEIST INC
1924
Two New Questions Brought Forward in
Judge Knox Radio-Copyright Decision
Federal Judge Places Liability for Violation of Copyright Upon Artist in Broadcasting Protected
Numbers Without License—States Broadcaster Simply Extends Audience's Scope
T UDGE KNOX in the Federal District Court
recently handed down a most interesting
opinion involving copyright as applied to public
rendition by way of radio. At least two new
questions are brought forward in his decision
and in only one of them does he pass upon.
The other is left open for a later decision. The
status of copyright is not cleared by either of
the opinions expressed and on the other hand,
while they contribute some pertinent thoughts,
it undoubtedly will require further court actions
for a more basic decision of new points raised
in the controversy.
A motion to dismiss the action instituted by
Jerome H. Remick & Co., music publishers,
against the General Electric Co., to prevent the
defendant from broadcasting copyrighted songs
and music, was denied by Federal Judge Knox.
The action was the first of the kind brought in
this district and was described as a test of the
right of broadcasting stations to use copy-
righted material.
The complaint alleged that the defendant,
through its station WGY at Schenectady, broad-
cast the selection "Somebody's Wrong," which,
it was contended, was an infringement of the
copyright owned by the plaintiff. In his opinion
Judge Knox said:
"I think it is necessary to ascertain whose
performance was broadcast. Was is that of the
broadcaster or was it that of another person
who may have been authorized to perform the
copyrighted composition publicly, and for profit?
If the latter, I do not believe the broadcaster
is to be held liable. By means of the radio
art he simply made a given performance avail-
able to a great number of persons who, but for
his effort, would not hear it.
"So far as practical results are concerned, the
broadcaster of the authorized performance of
a copyrighted musical selection does little more
than the mechanic who rigs an amplifier or
loud speaker in a large auditorium to the end
that persons in remote sections of the hall may
hear what transpires upon its stage or rostrum.
Such broadcasting merely gives the authorized
performer a larger audience and is not to be
regarded as a separate and distinct performance
of the copyrighted composition upon the part
of the broadcaster.
"When allowance is made for the shrieks,
howls and sibilant noises attributable to static
and interference, the possessor of a radio re-
ceiving set attuned to the station of the broad-
caster of an authorized performance hears only
the selection as it is rendered by the performer.
The performance is one and the same whether
the 'listener in' be at the elbow of the leader
of the orchestra playing the selection or at a
distance of a thousand miles.
"If a broadcaster procures an unauthorized
performance of a copyrighted musical composi-
tion to be given, and for his own profit makes
the same available to the public served by
radio receiving sets attuned to his station, he
is, in my judgment, to be regarded as an in-
fringer. It may also be that he becomes a con-
tributory infringer in the event he broadcasts
the unauthorized performance by another of a
copyrighted musical composition. To this
proposition, however, I do not now finally com-
mit myself."
The opinion says that the selection, "Some-
body's Wrong," by the orchestra at the New
Kenmore Hotel in Albany, is said by the de-
fendant to have been given under an implied
license by the plaintiff, and that a representative
of the plaintiff addressed a letter to the leader
of the orchestra giving him permission to broad-
cast any of the plaintiff's musical compositions.
This authority, it is contended, was afterwards
revoked by the plaintiff.
Huntzinger-Althouse Circular
interest in professional circles in this offering:
"Rush by air mail orchestration of "I Never
Care 'Bout To-morrow," Key of E. Using song.
Need long introduction, so use last half of
chorus and introduction. Address Los Angeles."
R. L. Huntzinger, Inc., recently issued a cir-
cular covering the musical activities of Paul
Althouse, the well-known American tenor who
was formerly a member of the Metropolitan
Opera Co. The frontispiece carries a halftone
cut of the artist, followed by some of the
outstanding features of his musical career. An-
other page is given over to some of the recent
press notices he received. The back page carries
some of the Huntzinger songs being pro-
grammed by Mr. Althouse on his present con-
cert tour. These include "The Nomad," by
Bernard Hamblen; "God Touched The Rose,"
by Mary Helen Brown; "Dear Heart of Mine,"
by Henry Wehrmann, and "In His Steps" and
"Top O' the Morn." Other favorite songs in
his repertoire for the coming season will in-
clude "The Living God" and "Give a Man a
Horse He Can Ride," by Geoffry O'Hara, and
"Someone Worth While."
New Song by Satzewich
*
OCTOBER 11,
Stephen D. Satzewich, of Hinsdale, Mass., is
the writer and publisher of a new song entitled
"Sweetest Girl" (I Long for You). Profes-
sional copies and orchestrations are now being
issued and plans to create a demand for the
number will shortly be placed under way.
Garus Uses Marks Song
The Edward B. Marks Music Co., New York
City, publisher of "I Never Care 'Bout To-
morrow" (As Long as I'm Happy To-day), re-
cently received the following telegram from
Emma Carus, which indicates the widespread
New Berlin Dance Folio
Irving Berlin, Inc., has just released its 1925
universal dance folio. The contents contain a
long list of piano solos arranged as fox-trots,
one steps, waltzes and blue numbers; also sev-
eral compositions from the pen of Irving Ber-
lin himself, including such outstanding numbers
as "Lazy" and "An Orange Grove in Califor-
nia." Other successes that should make this
new folio popular include "Driftwood," "Mindin'
My Business," "I Can't Get the One I Want,"
"Cover Me Up With the Sunshine in Virginia,
'"That Old Gang of Mine," and "Indiana Moon."
New Feist Issues
Leo Feist, Inc., has forwarded to the trade
its list of new issues for October, 1924, which
includes the already acknowledged successes,
"Eliza" and "Dear One." Other numbers in
the list are "Burning Kisses," a new Oriental
fox-trot by Percy Wenrich; "Haunting Mel-
ody," as this title suggests, a waltz song; "Rock-
A-Bye-Baby Days," described as a Dixie-
Mammy number, and "I Made a Hit With
Kit-Kit-Kitty," a new waltz ballad. Special
offers made on these two new issues until
November 1.
Consult the Universal Want Directory of
The Review. In it advertisements are inserted
free of charge for men who desire positions.

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