Music Trade Review

Issue: 1925 Vol. 80 N. 16

Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
THE
42
MUSIC TRADE
REVIEW
APRIL 18, 1925
IN THE WORLD OF MUSIC PUBLISHING
Conducted By V. D. Walsh
extent statutes covering the subject-matter gen-
erally, but enacted without anticipation of such
radical changes in the methods of reproduction,
are, if fairly construed, applicable to the new
situation."
Main Topic of Gathering Will Be Discussion of Revision of By-Laws as Recommended by the
With reference to the contention of the de-
Board of Directors of the Association
fense that broadcasting is not a public perform-
ance, the Court said:
' I A HE annual convention of the Music l'ub-
For some time the board of directors has felt
"A performance in our judgment is no less
Ushers' Association of the United States will
that the articles and by-laws, which were ade- public because the listeners arc unable to com-
be held on Tuesday, June 9, in New York City
quate for all purposes at its inception, today
municate with one another, or are not assem-
as arranged by the by-laws of the organization.
fall short of meeting its needs and requirements. bled within an enclosure or gathered together
The quarterly meeting of the Association was The committee appointed some time ago by
in some open stadium or park or other public
held on Thursday of last week, when tentative
George Fischer, the president, now recom- place. Nor can a performance, in our judg-
plans for the annual gathering were arranged. mends a revision, and these recommendations ment, be deemed private because each listener
Since the death of E. T. Paull, secretary of
have met with the approval of the board. For may be alone in the privacy of his home. Radio
the Association, and the elimination of Alfred
this reason the coming gathering will be one broadcasting is intended, and, in fact, does
L. Smith as executive secretary, the burdens of
of the most important held by the Association reach a very much larger number of the public
both offices have fallen on the shoulders of M. in a decade and should assure the attendance at the moment of the rendition than any other
E. Tompkins, secretary and sales manager of
of every member with a large attendance medium of performance. The artist is con-
G. Schirmer, Inc. Mr. Tompkins and Walter already promised.
stantly addressing a great and widely scattered
Fischer have been proposed as the new presi-
As usual the Association will hold its annual audience and is therefore participating in a pub-
dent. Both, however, emphatically declare they banquet in the evening following the day's ses- lic performance.
can hardly assume the duties of the office due sions. It is planned to have as the principal
"That under the Copyright act a public per-
to their other responsibilities. It is hoped by speaker on that occasion an important member formance may be for profit, though no admis-
those interested, however, that a compromise of the government from Washington, D. C. As sion fee is exacted or no profit actually made,
can be arranged whereby one of these energetic the proposal involves obtaining one who is is stated in Herbert vs. Shanley, 242 U. S. 591.
executives can be induced to assume the burden quite familiar with copyright law, to-day's most It suffices, as there held, that the performance
of the Association's activities for at least a one- important subject, the evening gathering should be for profit and not eleemosynary; it is against
year period.
produce "standing room only."
the commercial as distinguished from the purely
philanthropic use of another's composition that
the statute is directed.
"It is immaterial, in our judgment, whether
that commercial use be such as to secure direct
payment for the performance by each listener
or indirect payment as by a hat-checking charge
Reverses Decision of District Court Which Had Previously Dismissed the Suit of Jerome H. when no admission fee is required, or a general
Remick & Co. vs. American Auto. Accessories Co., Now Crosley Co.
commercial advantage as by advertising one's
name in the expectation and hope of making
C I N C I N N A T I , O., April 9.—The United Mack, Maurice H. Donahue and Arthur C
profit through the sale of one's products, be
States Circuit Court of Appeals in a deci- Denison, of the Court of Appeals, said in their
they radio or other goods."
sion handed down today, reversed the judgment opinion:
of Judge Smith Hickenlooper, of the United
"While the fact that the radio was not devel-
States District Court, who previously dismissed oped at the time the Copyright act was enacted
the suit of Jerome H. Remick & Co. against the in 1909 may raise some question as to whether
PORTLAND, ORI:., April 2.—The new Sherman,
American Automobile Accessories Co., now the it properly comes within the purview of the
Clay & Co. publication, "Twilight," is quite
Crosley Radio Corp.
The original action statute, it is not by that fact excluded from the popular in this territory in fox-trot form. The
sought to enjoin the defendant from broadcast- statute. In other words, the statute may be early sales of the number would indicate that
ing a musical composition, "Dreamy Melody," applied to a situation not anticipated by Con- it will be an active seller all over the country.
copyrighted by the Remick Co. Alleging that gress, if fairly construed, and such situation
The author is Natio Herb Brown, author of
the Crosley Corp. was engaged in the manufac- conies clearly within the intent and meaning of
"The Sneak" and "Hoo Doo Man." "On the
ture and selling of radio products for profit the statute.
Oregon Trail," another Sherman, Clay &• Co.
and that its broadcasting station, known as
"Bills have been introduced in both House publication, is being featured by all the schools,
WLW, was maintained as a medium of adver- and Senate to permit broadcasting without in- colleges and clubs in this State and is being
tising its products, the plaintiff contended that fringing copyrights. The rights of composer, received enthusiastically wherever the number
broadcasting of the composition was in viola- performer and the public under this new method
is heard.
tion of the Copyright act and as such he was of reproduction are eminently matters for con-
entitled to damages.
sidered legislation; but until Congress shall have
The Wilson Broadway Music Shop, 1142 Wil-
In reversing and remanding the case to the specifically determined the relative rights of the son avenue, Chicago, has increased its capital
lower court for proceedings, Judges Julian W. parties we can but decide whether and to what
stock from $2,500 to $25,000.
Annual Meeting of Music Publishers
Will Be Held in New York on June 9
Federal Court of Appeals Upholds the
Publishers' Copyright in Broadcasting
"Twilight" Is Popular
MIDNIGHT
WALTZ*
MISS
7Ae Waltz In T?ie Air/
Eifc
at Midnight /
^Jor thosejidho delight
in beautiful
ballads
'You Can't Go Wrong With
k
Written and ^eatuted by
HARRY M. SNODGRASS *King of tile Tories'
Ted Lewis New Waltz Hit
WHILE WE DANCED
TILL DAWN*
Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
APRIL 18,
THE
1925
MUSIC TRADE
REVIEW
43
LINGER
LONGER IN
YOUR ARMS
A fascinating Jfaxfrot
Joy Cliff F r i e n d
and Abel Baer
Writers of
X
You
Carit
Go
\)UNE NIGHT
Wrong
With
Any 'FEIST' Song
Doings of the Sheet Music Trade in
Durham, Asheville and Spartanburg
Maurice Richmond, of the Richmond Music Supply Corp., New York, Tells of the Conditions
Existing Among the Retail Merchants in These Places—Written Exclusively for The Review
r \ U R H A M , N. C, April 8.—The Durham
•^"^ Chamber of Commerce tells a lot of facts
about this lively little city and its healthy
o/onc, being quite an educational center and
a good banking town.
It claims that the Civil
War. ended here —
thank the Lord for
that—since the ending
of any war is the be-
ginning of peace.
The real boom in the
Carolinas has started,
due to their natural re-
sources. Northern cap-
italists have realized
that the raw materials
Maurice Richmond
grown in that part of
the country can easily be made into finished
products right on the spot, thereby saving a
great deal of time, labor and handling, etc.
This is the town that put the "bull" in "Bull
Durham" mixture, but as far as the leading
music merchant is concerned, I found him to be
exceedingly cordial and, as they say out in Wy-
oming, "a straight shooter."
The Corley Co.
The Corley Co., of Durham, is a branch of
the Corley Co. of Richmond, Va. A. C. Cavedo,
who has been connected with the concern for
eighteen years, opened the Durham branch in
1914. In spite of the fact that this was my
first visit to Durham, and my first meeting with
Mr. Cavedo, as I entered the store our friend
greeted me with a broad smile and said: "I
recognize you from your bum snapshot in the
Music Trade Review." That gave me quite a
thrill and a real boost for the Review. The
byword of this house is "Everything in Music."
In pianos it features the well-known Mason
& Hamlin and the Cable lines, with a splendid
display of Victor goods, a radio and all im-
portant makes of musical instruments, the
Buescher saxophones, Gibson mandolins, Lud-
wig drums, etc.
The store is located in the "Times Square"
section of Durham. A lot of good taste has
been used in decorating the departments and
Mr. Cavedo is to be congratulated upon keep-
ing the store continually up-to-date.
While Mr. Cavedo gives the sheet music de-
partment some attention, the real inner work-
ings are left to two Southern belles, the Misses
A. May Britt (who has a lot of wit and knows
how to use it), and Lyda Stanley (who is very
"gentle," not "manly"). The music department
carries out the slogan of "Everything in Mu-
sic." The sheet music is accessible to the clerk
and displayed very attractively. Every lover
of music can easily be satisfied in this store.
The day I was in the city Mr. Cavedo was
quite busy and couldn't spend as much time
with me as he said he wanted to. He was an-
ticipating a visit from the big chief, Frank Cor-
ley, of Richmond, Va., and he wanted to hand
him a few surprises; however, I wouldn't say
that I was neglected, because I was entertained
part of the time by those two sweet Southern
belles. I really profited by Mr. Cavedo's lim-
ited time.
Mr. Cavedo is just chock-full of ideas, but
he is not what you would term a dreamer. He
gets an idea and puts it across. "No idea," as
he himself says, "is worth a hoot until you do
something with it. As a matter of fact, there
is very little new under the sun. Many ideas
are visualized, but a small percentage realized."
As an example of a good idea, this concern
issues a music bulletin called the Music News.
It is published monthly, distributed locally and
through the mail to the music lovers of the
community. The news is music gossip and the
editorial staff consists of "Mr. B. Flat, Editor"
—"C Sharp, Business Manager," and "A Natu-
ral, Advertising Manager."
Mr. Cavedo says the house is grateful for
the names of any persons interested in receiv-
ing this bulletin. There is no subscription rate,
it can be had or mailed for the asking. Pri-
marily and principally the bulletin is a source of
publicity for the Corley Company.
I noticed a pretty good story with a moral
in the Music News. Here it is.
Wifey (to husband Jack): "We have two
thousand dollars in the bank, dear."
Jack: "Hurrah!"
Wifey: "But we are the only ones in the
neighborhood who have no car."
Jack: "Yes, but we have something that
most of them haven't."
Wifey: "What's that?"
Jack: "The price of one. Besides I'd rather
auto a piano."
Durham has completed a million-and-a-half
dollar hotel, an elaborate structure. This city
is also the home of the immense factories of
the American Tobacco Co., and it is also inter-
esting to know that the University of Durham
was recently renamed the Duke University,
in compliance with the gift of Duke, the fa-
mous tobacco man which was made a short
time ago.
Asheville, N. C.
According to advertisements, Asheville is a
playground all the year through. It is in the
center of the beautiful Blue Ridge Mountains
at an altitude of 2,500 feet. The city extends
a cordial invitation to all visitors and travelers
to become acquainted with its "Blue Sky."
Whether you are traveling in a Ford coupe or
the latest type Pierce Arrow, you arc bound to
get a thrill going through this marvelous roll-
ing country. The Vanderbilt estate in the Bilt-
more section is one of the show-places of
Asheville. A monumental structure in modern
architecture is the George Vanderbilt Hotel,
where you can get an "up-to-date" room with
"barth" (sitting down or standing up) for three
single dollars for twenty-four hours, and they
accept this minimum rate smilingly and make
you feel perfectly at home. Why go to At-
lantic City?
Dunham's Music House
Harry A. Dunham is the man at the helm of
this complete music house. It occupies a four-
story building and two warehouses, where the
surplus stock is kept. In pianos the feature lines
are the Ampico, Knabe and Gulbransen. This
house also carries the Victor, Edison and Co-
lumbia phonographs, as well as the Radiola,
and a complete line of wind and string instru-
ments, Leedy's drums, etc. It is known as
"the home of high-grade pianos."
Miss M. O. Dunham, sister to Mr. Dunham,
acts in the capacity of general manageress.
Miss Dunham showed me through the entire
building and, truthfully speaking, the stock of
instruments and pianos was so tremendous that
it seemed to me that the Dunham family was
going to educate a great many of the people
in the Carolinas to spend their money on pianos
and musical instruments, instead of Fords and
Fordsons. The amount of stock carried in
sheet music is sufficient for the Dunham family
to start a jobbing business of their own, but I
am sure they have only enough to take care of
their requirements. They do a splendid local
and mail order business. Mr. Dunham is a Ro-
tarian and actively interested in matters of the
local Chamber of Commerce.
Many musical organizations in this section
have had their birth through the efforts of Mr.
Dunham, who sold them the idea and then the
instruments. Mr. Dunham discounts all his
bills regardless of how large or small they are.
He is an extremely busy man who believes in
conserving time and using it only where it is
productive. Eacli day has its value in time and
he must get a certain amount out of it. His
philosophy is a lot like the old Philadelphia
type-setter, Benjamin Franklin, who said "the
way to wealth is as plain as the way to market.
It depends chiefly on two words, industry and
frugality. Waste neither time nor money, but
make good use of both."
Miss Dunham doesn't roost in any one place.
She goes constantly from one part of the build-
ing to the other. There is certainly no grass
growing under her feet. From waiting on a
customer, where she is sometimes called in as
a "pinch hitter," to demonstrating Victrolas and
the latest jazz records, she is always "on the
job." I really had a hard time convincing Miss
Dunham that the story 1 had to tell her was
{Continued on page 44)

Download Page 42: PDF File | Image

Download Page 43 PDF File | Image

Future scanning projects are planned by the International Arcade Museum Library (IAML).

Pro Tip: You can flip pages on the issue easily by using the left and right arrow keys on your keyboard.