Music Trade Review

Issue: 1926 Vol. 83 N. 7

Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
IN THE WORLD OF MUSIC PUBLISHING
Conducted By V. D. Walsh
Composers, Authors & Publishers Held
to Be No Trust by Federal Commission
SONGS THAT SELL
Governmental Body, After Two Years of Investigation, States There Is No Basis for Prosecu-
tion of Society Under the Statutes Covering Anti-trust Procedure
' T H E United States Department of Justice,
after a two-year investigation, has come to
the conclusion that there is no basis on which it
could prosecute the American Society of Com-
posers, Authors & Publishers for violation of
the Federal anti-trust laws. Colonel William J.
Donovan, assistant to the Attorney General, has
notified the American Society of Composers,
Authors & Publishers of the result of the in-
vestigation, it was learned this week.
The prolonged investigation of the organiza-
tion of composers, writers and publishers was
started by the Department of Justice as a re-
sult of numerous complaints against the society.
Radio broadcasters started the agitation. The-
atre owners, motion picture exhibitors, res-
taurant and hotel proprietors and others who
reproduced copyrighted music for a profit then
joined the fight on the American Society of
Composers, Authors & Publishers.
Colonel Donovan's letter, telling of the ex-
oneration of the society, follows:
Department of Justice,
Office of the Assistant to the
Attorney General,
Washington, July 26, 1926.
Mr. Gene. Buck, President, American Society of
Composers, Authors & Publishers, 56 West
Forty-fifth street, New York, N. Y.
Dear Sir:
In keeping with my promise to inform you
of the conclusion reached as a result of the in-
vestigation of your society for alleged violations
of the Federal Anti-Trust laws, I beg to advise
you as follows:
Upon the basis of the facts submitted and as-
certained, the department has decided that there
is no reason to proceed against the society on
account of its requiring licenses for the public
performance of copyrighted music from the pro-
prietors of motion picture houses, restaurants,
hotels, dance halls and similar places where
copyrighted music is publicly performed for
profit.
No decision has been reached in reference to
the licensing of radio broadcasting stations, as
it is deemed advisable to await the clarification
of the law regarding radio, and possible action
by the legislative branch before taking a posi-
tion in that feature of the case. Yours very truly,
William J. Donovan, assistant to the Attorney
General;
The society, under the ruling of the Depart-
ment of Justice, will continue to issue licenses
to, and collect fees from, radio broadcasters,
theatres, moving picture houses, dance halls,
hotels, restaurants and others using copyrighted
music of members of the society publicly for
profit. In the case of theatres, the society
bases its license fee on seats at the rate of 10
cents a seat annually. At that rate a theatre
with a seating capacity of 1,500 would pay an
annual license to the society of $150. On a
percentage basis the society passes along to
member composers who have assigned their
copyrights part of the royalties on a percentage
basis.
Society Warned of Penalties
The society, under date of July 1, 1926, printed
and distributed a list of its members with a
notice to those reproducing copyrighted com-
positions of members that they would have to
get licenses. The notice warns that violations
or infringements may bring penalties of not less
than $250 nor more than $5,000 for each in-
fringement.
Basis of Investigation
The broadcasters alleged that the Composers,
Authors & Publishers Society had established
practically a monopoly of copyrighted music
through an arrangement by which composers
and others assigned their copyright claims to
the society in return for a percentage of the
royalties collected by the society under a licens-
ing system. The broadcasters said that after
they had begun to popularize copyrighted music
the holders of the copyrights began to raise
their fees as much as 500 per cent.
On their side the composers maintained that
the broadcasters destroyed a large part of the
value of their copyrights by surfeiting the public
with music and "unpopularizing" compositions
that had started out as popular successes. The
controversy had a thorough airing before the
Joint Committee on Patents of the Senate and
House when it held public hearings last April
on the proposed Dill-Vestal bill to amend the
Copyright law. After having laid before the
Joint Patents Committee the arguments of the
composers, E. C. Mills, chairman of the execu-
tive committee of the Society of Composers,
Authors & Publishers, said:
"A year ago the broadcasters went before
Congress and asked for legislation which would
enable them to confiscate copyrighted property
of composers without paying anything. They
failed in that attempt.
"This year they have gone before Congress
with a request for legislation which would en-
able them to fix the prices at which they would
seize our property. That is perhaps a little bet-
ter than the proposal to seize it without paying
anything, but we would still prefer to let the
law of supply and demand rule over the sub-
ject."
Confident of Outcome
J. C. Rosenthal, general manager of the so-
ciety, in commenting on the ruling by the De-
partment of Justice, said:
"This is a ruling we have awaited with much
confidence. After many complaints had been
made against the society we, too, joined in the
demand for an investigation. If we were not
guilty of violating the anti-trust laws we wanted
that fact established, and if we were violating
the anti-trust laws we wished to know it.
At Peace With the World (Irving Berlin)—
New
Always (Irving Berlin)
How Many Times? (Irving Berlin)—New

Remember (Irving Berlin)
Don't Wait Too Long (Irving Berlin)
Venetian Isles (Irving Berlin)
I'd Climb the Highest Mountain (If I Knew
I'd Find You)
When the Red, Red Robin Comes Bob, Bob,
Bobbin' Along; (New)
Gimme a Little Kiss (Will Ya—Huh?)
Poor Papa (Has Got Nuthin' At All)
Oh! If I Only Had You—(New)

Say It Again
Oh,
Boy! How It Was Raining:—(New)
In the Middle of the Night
Who Wouldn't—(New)
Blue Bonnet—You Make Me Feel Blue
That's Annabel—(New)
Put Your Arms Where They Belong
Up and Down the Eight Mile Road—(New)
Trying to Forget—(New)
I Found a Roundabout Way to Heaven
And Then I Forgot—(New)
Roses Remind Me of You
But I Do (You Know I Do)
Then I'll Be Happy
I Never Knew
That Certain Party
If You Miss Me as I Miss You
Yes, Sir! That's My Baby
To-night's My Night With Baby
Oh, How I Miss You To-night
The Roses Brought Me You



BOOKS THAT SELL
New Universal Dance Folio
No. 11
Edition Extraordinary—Just Out
X

Peterson's Ukulele Method
World's Favorite Songs
Tlddle De Ukes
Strum It With Crumit
Irving Berlin's Song Gems
From the Musical Comedy Sensation
"THE COCOANUTS"

Ting-altng the Bell'll Ring
Why Do You Want to Know Why?
Florida By the Sea
The Monkey Doodle Doo
Lucky Boy
We Should Care
IRVING BERLIN, Inc.
1607 Broadway, New York
"We aided the department in the investigation
in every way. We gave them access to our
books and files. The Department of Justice
(Continued on page 38)
No one buys Most Popular Music Books without
liking them - - for their quality instantly wins
appreciation.
Wire for descriptive catalog—order from jobber or direct from publither
Hinds, Hayden & Eldredge, Inc., Publishers, New York City
35
Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
36
The Music Trade Review
HELLO,
ALOHA
Words lij
"Words otud M u s i c Lfj
WALTER DONALDSON
and PAUL ASH A
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L. WOLFE GILBERT
Music by
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ADORABLE
HOW ARE YOU?
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AUGUST 14, 1926
RAY WYNBUBN
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ABEL BAER
e By&ktest, Snappiest 6ind
Latest FOXTROT Sematiovi
Superb Dance Rhythm.!
*YOU
CANT
cAll that the Title implies—
adorable Fox <7>ot Song!
GO
FEIST'
The Orchestra Leader-Composer and
His Relations With the Publishers
Position of Former Too Often Utilized to Bring Pressure to Bear Upon the Latter in Order to
Have His Compositions Published—The Situation This Condition Creates
DRESSURE is constantly being brought to
bear on music publishers to accept for pub-
lication songs written by orchestra leaders or
members of their musical combinations. This
is not confined to orchestra leaders of New
York and Chicago but includes hundreds of
numbers written by the heads of smaller musical
combinations throughout the country.
Some of these compositions, of course,
achieve success but a good many others are
produced as "just another fox-trot."
Even
numbers contributed from the leading musical
combinations generally must be re-vamped be-
fore they are possible as commercial proposi-
tions. Sometimes the music is passable although
even here the real musicians on the publisher's
staff must make necessary changes. Lyrically,
however, the first presentations are often most
amateurish. This is due to the fact that even
where the number has some musical value the
tendency to keep all of the royalties in the or-
chestra family makes the lyrics below standard.
If the orchestra writers would call in a real
lyric writer they would achieve a better song
combination.
Some of the orchestras that are playing in
prominent gathering places and are also doing
some radio broadcasting produce songs right
and left and place them with different publish-
ing houses. Such numbers are not selected for
their value but rather on a hit-and-miss basis,
hoping that one or two may attain success.
In the meantime the writers accept a nominal
advance which they consider a quick profit in
case the number does not become successful.
Now it is true that a publisher is justified
from time to time in taking songs from mem-
bers of orchestras. Many of these fellows are
real musicians and there is no reason why there
should not come from such sources a few good
popular selections. Where the merit of the
number is unquestioned there should be no
obstacle to a publisher accepting it. But a good
many of the numbers placed in publishers'
hands have several other angles. Among these
is the weakness of the song writers who in
order to have their numbers played by or-
chestras cut some members of a musical or-
ganization in on the royalties and allow such
names to appear as co-authors. When the or-
chestra leader plays the number nightly but
will also try to include it in his talking machine
record work the chances of his being declared
in as a co-author are more promising.
The situation has now reached the point
where the number of compositions coming from
orchestra sources or in association with orches-
tras is exceeding the supply contributed by lyric
4 Donaldson Delight/
Fox Trot Ballad You'll Want
To Hear A^ain and
/
and music writers who make this work their
vocation. There is a consequent deterioration in
the quality. This is also one of the main rea-
sons why from time to time there are more
numbers than the market can really legitimately
absorb. As this over-supply became one of
the big problems of last year there is a feeling
that the problem should be straightened out
before it again reaches an acute stage.
Besides the dance orchestra, and the musical
combinations playing for records, the publishers
must also entertain the offerings that come
from the orchestras of photoplay houses. This,
together with the normal contributions from
publishing staffs and freelance song writers,
makes for over-production.
From the publishers' standpoint there is no
doubt that the majority of houses would like
to see the burden lightened. With so many
forces at present favoring the orchestra writers
the publishers as individuals cannot afford to
appear arbitrary. Furthermore they want qual-
ity offerings of any orchestras.
Some of the orchestra leaders have become
quite spoiled through the manner in which they
have been solicited for song plugs and from
the money that has accrued to them from being
recognized as co-authors Several of them have
reached the "prima donna" stage and are hard
to handle on anything in which they have not
an individual interest. If nothing else straightens
out the difficulty, this "high hat" attitude may
be the means of concentrating attention on the
situation.
The legitimate song writers were writing suc-
cessful fox-trots before the advent of the pres-
ent-day dance orchestra. It is the modern fox-
trot that brought on the success of to-day's
musical combinations. At least it is the main
factor for attracting the youth of the country
to the orchestra field. It was the prevalence
of the fox-trot and the continuance of meri-
torious dance numbers by legitimate writers
that gave the present-day orchestra its place in
the sun. Incidentally it was the consistent
writing of alluring and magnetic dance music
that opened up a larger and larger dance field.
To the modern fox-trot, and most of theso
written by song writers who devoted their time
exclusively to the writing of compositions with
wide appeal, can be credited the present-day
large salaries that musical combinations receive.
If the merit of the present-day musical offer-
ings are not kept on a fairly high plane, the
ascendency and popularity of the modern or-
chestra may spend itself. It may do so anyhow
because the fox-trot that made such organiza-
tions so popular may be supplanted by an en-
SONG "\\WM h

tirely different type of music. If this proves
true it will probably be a type that the average
writer who turns out a fox-trot will not be able
to produce with such ease.
Fred Stewart Rejoins
the E. B. Marks Go.
Will Cover Important Centers East of the
Mississippi River for Music Publishing Firm
Fred Stewart, who was associated with the
Edward B. Marks Music Co. from 1902-1918, has
rejoined that organization. Mr. Stewart is well
known in the musical merchandise and sheet
music fields. His father, S. S. Stewart, was
known throughout the country as "The Banjo
King."
After leaving the Marks concern Mr. Stewart
was associated with the New York Talking
Machine Co., well-known Victor jobber. Later
he entered the retail field as manager of the
Arthora Victrola & Radio Store in Stamford,
Conn.
Mr. Stewart will leave on his first trip to
the trade covering the important centers east
o.f the Mississippi River shortly after the middle
of August.
Featured by Richman
"When the Red Red Robin Comes Bob Bob
Bobbin' Along," one of the newer numbers in
the catalog of Irving Berlin, Inc., is used by
Harry Richman as a feature number in this
season's "George White's Scandals." It is also
School, Lodge and
Assembly Marches
March Victorious
(Mabel Metzger-Wright)
Pacific Patrol
(Mabel Metzger-Wright)
Reliance March
(Clifford)
Victorious Eagle
(Rosey)
American Beauty March
(Williams)
Knights of Columbus March
(Clifford)
Valiant Volunteers
(Mabel Metzger-Wright)
Order Through Jobber or Direct
Hinds, Hayden & Eldredge, Inc.
Publishers
New York City

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