Music Trade Review

Issue: 1927 Vol. 85 N. 22

Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
IN THE WORLD OF MUSIC PUBLISHING
"Three Shades of Blue"
Issued by Robbins Corp.
New Number Is by Ferdie Grofe, Chief Ar-
ranger for Paul Whiteman's Orchestra
An important contribution to modern Ameri-
can music has just been announced by the Paul
Whiteman Publications, Inc., New York, with
the publication of "Three Shades of Blue" by
Ferdie Grofe, chief arranger for Paul White-
"Three Shades of Blue" is now ready for gen-
eral distribution and from orders received in
advance of publication it looks as though it
would have a very large sale. The Robbins
Music Corp., New York, is exclusive distribu-
tor for Paul Whiteman Publications, Inc., and
handles all business for this company.
RUSSIAN LULLABY
WHAT I1O WK DO ON A DKW
DEWY DAY
Employer's Responsibility
in Copyright Case
ME AND MY SHADOW
Federal District Court in Tennessee Decides in
Favor of the American Society
ARE YOU LONESOME TONIGHT?
Announcement was made this week by the
American Society of Composers, Authors and
Publishers of the decision just handed down in
the District Court of Tennessee in favor of M.
Witmark & Sons, New York, versus R. M. Cal-
loway. The litigation, which was conducted by
the Society, concerned the action of the de-
fendant in playing copyrighted music by means
of music rolls in his motion picture theatre in
Lenior City, Tenn. The theatre had subscribed
to a roll service supposed to be limited to
slrictly non-copyrighted or so-called "tax free"
music.
The employe operating the piano had been in-
structed under no circumstances to play any
copyrighted music, but it developed that he tired
of playing the same rolls over and over and
borrowed some r-olls from a nearby drug store,
une of them being a recording of "Smilin'
Through," published by the Witmark house, on
which the Society's action was based.
Ferdie Grofe
The court held that "the master is civilly
man's Orchestra. "Three Shades of Blue" is
liable in damages for the wrongful act of his
being issued as a suite of three jazz pieces for
servant in the transaction of his business which
piano and it is in reality concert music in the he was employed to do, although the particular
jazz idiom. The separate numbers are entitled act may have been done without express
"Indigo," "Alice Blue" and "Heliotrope." Mr. authority from the master, or even against his
Grofe has adapted the moods and characteristics
orders" and therefore that "the lack of inten-
of jazz to music that has form and genuine tion (to infringe) does not affect the fact of
musical quality. The consequence is that it has
liability. The result and not the intention de-
attracted the attention of many concert artists termines the question of infringement." The
and will doubtless be heard on more than one
Court awarded damages of $250 for the in-
recital program during the current musical sea- fringement and in addition counsel's fees of $250
son.
and an injunction restraining further infringe-
ments was added.
In the field of orchestration for the modern
dance orchestra it is generally admitted that
Mr. Grofe has few, if any, peers. Practically all
the striking arrangements which have been
heard from the Paul Whiteman orchestra have
come from his pen and his orchestra suite,
"Mississippi," has been one of the great favor-
Progress with the number, "Whether It
ites of Paul Whiteman's concert programs. In
Rains, Whether It Shines," is being made con-
the near future an orchestral version of "Three
sistently by the Harry Von Tilzer Music Pub-
Shades of Blue" will be performed by it.
lishing Co., New York, which reports that the
Von Tilzer Number
Is Widely Recorded
MOTHER OF MINK, I STILL, HAVE
YOU
MISS ANNABELLE LEE
MR. AEROPLANE MAN
THERE MIST ]tK SOMEBODY
ELSE
THE HOURS I SPENT WITH YOI'
WHAT DOES IT MATTER?
IS IT POSSIBLE?
ITS A MILLION TO ONE YOU'RE
IN LOVE
SOMEBODY
AND ME
SWEET MARIE
LOVE AND KISSES
YANKEE ROSE
DON'T FORGET WHEN THE SUM
MER ROLLS BY
A SIREN DREAM
SOMEONE LIKE YOU MADE SOME-
ONE LIKE ME LIKE YOU
From the new "ZIEGFELD
FOLLIES"
OOH, MAYBE IT'S YOU
IT ALL BELONGS TO ME
SHAKING THE BLUES
IT'S
UP TO THE
AWAY
BAND
BOOKS THAT SELL
UNIVERSAL DANCE FOLIO, No. 13
IKVING BERLIN SAXOPHONE
FOLIO Nos. 1 and 2
IKVING BERLIN, INC. SONG HITS
FOR TENOR BANJO, Nog. 1, ii, 3
PAUL ASH NOVELTY PIANO
FOLIO
AL JOLSON SONG HIT FOLIO
WORLD'S FAVORITE SONGS
PETERSON'S UKULELE METHOD
THE MOST POPULAR NEGRO
SPIRITUALS
Published In four separate folios for
TENOR BANJO, with piano accom-
paniment
SAXOPHONE, for Eb, Bb and C Mel-
ody Saxophones
(Combined)
with
piano accompaniment
VIOLIN AND PIANO
PIANO AND VOICE
(Each Volume, Words and Mimic
Complete)
IRVING BERLIN l,,,
1607 Broadway New York City
McKINLEY
MUSIC
20 A Qopy'to Dealers^ 7 A Copy"
r
McKINLEY MUSIC CO.
(
^
CHICAGO,ILL
32
number has been made by the leading mechani-
cals. Among them are: Columbia record by
Victor Meyers and His Orchestra; Harmony
and Banner records by Fletcher Henderson and
His Orchestra; Brunswick record by Dan Kis-
sam's Orchestra with a vocal chorus by Vaughn
de Leath; Edison record by Duke Yellman and
His Orchestra. In addition, "Whether It Rains"
lias been recorded by Pete Wendling on Q R S
music rolls. In connection with Duke Yell-
man's recording on the Edison, this record was
listed as the best seller of the week in the
Kdison list published in a recent Sunday edition
of the New York Daily News.
Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
NOVEMBER 26, 1927
The Music Trade Review
Victor Makes Record
With "Blue Heaven'
States Last Week's Record Sales Bigger Than
Any Record Ever Made Before in Similar
Period
One of the striking tributes to the merits
of the fox-trot song, "Blue Heaven," published
by Leo Feist, Inc., New York, is the special
campaign just started by the Victor Talking
Machine Co., Camden, N. J., for the record
sales of this number. A special large postcard
announcement has been sent out to dealers by
I he Victor company, bearing the captions, "You
Have Wanted a 'Hit'—Here It Is—Gene Aus-
tin's 'My Blue Heaven. 1 " The number is also
heralded as the biggest record profit-maker
since "Valencia."
The company states that it has had more
sales of "Blue Heaven" last week than any
record ever listed during a similar period and
the orders pour in daily. In addition, the run
of Victor street-car cards has been increased,
with 75 per cent of all cards featuring the num-
ber.
been very big successes and Whiteman has
featured them in all his programs this season.
New Numbers From
the House of Schirmer
"Music Book Game," New Novelty for Children
by Mabel Greenberg, Included in List
Descriptive folders for the late releases of G.
Schirmer, Inc., New York, are now being dis-
tributed by this house, and contain numerous
items of interest to the musical world. The
September releases, in addition to a representa-
tive list of secular, sacred, choral and instru-
mental music, include a book called "Music-
Book Game," by Mabel Greenberg. It is de-
scribed as an exceptionally fascinating mus"ic
game for little children and possesses many
novel features.
The list also includes "Irish Tune from
County Derry," by Percy A. Grainger, arranged
for six-part chorus; also two sacred songs by
Edward Shippen Barnes, entitled "The Joyful
Morn Is Breaking" and "Though Christ a
Thousand Times in Bethlehem Be Born," a
piano solo, "Dancing at Twilight," by Cecil Bur-
leigh, and many other interesting new pieces.
Tack Robbins Is on
Trip to the West Is Every Fox-Trot
Head of Robbins Music Corp. Introducing Sev-
a Plug for Fox?
eral New Numbers in Firm's Catalog
Jack Robbins, president of Robbins Music
Corp., New York, is on a trip to Chicago,
which will last for about ten days. While
there he expects to see all his old acquaint-
ances and make a few new ones. He is primarily
interested in introducing the new numbers in
his firm's catalog, "Smile," "Rain," "Sorry" and
"Blue Baby," to the orchestra leaders and other
users of this type of music in Chicago.
While in Chicago Mr. Robbins will probably
spend considerable time with Paul Whiteman,
with whom he is associated in business, as
Robbins Music Corp. is the exclusive distribut-
ing agent for Paul Whiteman Publications, Inc.
Paul Whiteman, incidentally, is heavily fea-
turing two compositions which are in his
catalog, "Study in Blue" and "I'll Always Re-
member You." Both of these numbers have
SONGS
THAT HIT THE MARK!
AMONG MY SOIVKMKS
HKRK AM I—BKOKEX
HEABTEl)
BABY FEET GO PITTEK,
PATTKR
PLENTY OF Sl'NSHIXE
TIN
PAN
PARADE
SWEETHEART
WHEN
MEMORIES
I WAS HIKIN'
THERE'S
ME
ONE LITTLE
WITH
YOl
GIRL
WHO LOVES
WHO'S THAT KNOCKIN' AT MY I>OOK?
MY HAWIIAN SONG OF LOVE
MAGNOLIA
SO BLUE
Song Hits from
the Collegiate Music til
Comedy
•'GOOD
N E W 8 1 '
OOOI> NEWS
M'CKY
H \PPV
JUST
ARE
FREE
DAYS
IMAGINE
BIG
A prominent music publisher once made the
facetious remark that Sam Fox, proprietor of
the Sam Fox Publishing Co., New York and
Cleveland, derived a plug from every "fox"-trot
published. An indication that this idea still has
a grain of truth in it is shown in a letter re-
ceived by Mr. Fox in reference to the Fox
Sacred Orchestra Folio. The letter was written
by an old customer of the Fox house who has a
church orchestra. Complaint was made by one
of the elders of the church recently that the
orchestra was playing fox-trots in the church.
The chairman of the music committee said he
did not believe it, but the elder was insistent,
stating that he had personally seen the name
"Fox" on the music cover.
SELLERS
IN
FOLIOS
SAXOPHOLIO
TKNOR BANJO FOLIO <2nd Edition)
(I'Juc-li containing ttfte«*n great SOU
Publishers
SEVENTH AVtNVl N W YOBK
DOLLY
MORSE
ANOREW
JOE
BURKE
Donaldson's
High-flying D i x i e "
'
SONG HIT/
iHEREAIN'*
I DIXIELAND
Unfinished Tune" Scores
at Strand Theatre
Considerable interest in trade and professional
circles was stimulated recently by an orchestral
novelty, entitled "Unfinished Tune," by Pollack
and Bagar, which was played at the Mark
Strand Theatre, in New York, by Nathaniel
Shilkret and his augmented Victor Salon Or-
chestra, now a permanent attraction at the
Strand. The number, which is still in manu-
script, was based on certain themes from Schu-
bert's "Unfinished Symphony" and was part of
a paraphrase presentation of this work by Mr.
Shilkret. The "Unfinished Tune" was orches-
trated in a masterful manner by Joseph Nuss-
baum, who employed effects of coloring similar
to the symphonic writing of Richard Strauss
and Stavinsky. The number is as yet unpub-
lished but has been bid for by three well-known
firms.
IN LOVE
THE BEST THINGS IN LIFE
(LIKE SHE BABIED YOU)
Church Elder Thinks It Is at Any Rate, to Judge
by His Complaint on Music in His Church
What's It All About?
THE VARSITY DRAG
Melody/
A new music firm, called Song of the Month
Club, has been incorporated this week with a
capital stock of 100 shares of common stock.
The incorporator is C. D. Sprung, 15 Park Row,
New York City. The same individual is named
as incorporator for the Tinn Pann Alice Pub-
lishers, music publishers, which has a capital
stock of like amount.
Consult the Universal Want Directory of
The Review.
WALTER, i
DONALDSON 48
European Success.'
INY MEYER7J
f& Introduced k y BALlEFF ^
t
in *CHAUVE-SOURIS"
LEO. FEIST INC.
FEIST BLDG.
231-5
W. 4O™ ST.,
NEW YORK CITY

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