Music Trade Review

Issue: 1929 Vol. 88 N. 13

Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
16
The Music Trade
Review
Successful Meeting Held in South
by Musical Instrument Mfrs. Ass'n
^ \ N E of the most successful meetings ever
held by the National Association of Musical
Instrument and Accessories Manufacturers took
place at the Greenbrier Hotel, White Sulphur
Springs, West Virginia, on Friday and Saturday,
March 22 and 23.
Among those in attendance were H. C. Lomb,
Waverly Musical Products Co.; H. O. Gable,
Armour & Co.; D. L. Day, Bacon Banjo Co.;
Jay Kraus, Harmony Co.; B. R. Hunt, Consoli-
dated Case Corp.; Frank Kordick, Regal Musi-
ial Instrument Co.; G. F. Chapin, Standard
Musical String & Mfg. Co.; H. Kuhrmeyer,
Stromberg-Voisinet Co., and Alfred L. Smith,
Secretary of the Association.
MARCH 30, 1929
New Squier String
Aluminum Wound Violin "A" String Product
Announced by Western Manufacturer
James F. Hodgson, of the Bureau of Foreign
and Domestic Commerce, and Kenneth S.
Clark, of the National Bureau for the Advance-
ment of Music, also attended the Friday session.
Business sessions were held Friday morning,
Friday evening and Saturday morning. Most
of those present played golf Friday and Satur-
day afternoons or enjoyed the other amuse-
ments and attractions of the resort.
A great deal of interest was aroused by plans
presented by Mr. Hodgson for the formation of
an export corporation under the provisions of
the Webb-Pomerene Act which would repre-
sent manufacturers of all types of instruments
and be in a position to offer a complete line to
foreign customers. It was thought that suffi-
cient economies could be effected by such an
New England Association
organization to make it feasible to send sales
Urges Vermont Supervisor representatives into foreign markets. The ex-
port committee of the Association was in-
Appeals to Newspapers in State to Support structed to bring before the Association at its
Movement for Music Supervisor—Soliciting next meeting a definite plan for organization
of such a corporation.
Views of Members
The Association adopted the prize-winning
BOSTON, MASS., March 25.—The secretary of the slogan of the Music Industries Chamber of
New England Music Trade Association is send- Commerce, "The richest child is poor without
ing out a questionnaire to the members of the musical training." The plans of the new Slogan
organization to find out their views on matters Committee were discussed, and the members
pertaining directly to the organization, such as: showed much interest in co-operating to make
Should the annual meeting be a strictly business the slogan popular throughout the music trade.
A great deal of time was devoted to discus-
affair without entertainment? Should the an-
nual meeting be held in the evening with enter- sion of the fretted instrument promotion of the
tainment and dinner? Would the members be National Bureau for the Advancement of Music,
interested in a combination meeting and dinner, led by Mr. Clark, who has this promotion in
and could the official body count on the indi- charge. Mr. Clark had with him material for
the new booklet which is about ready for the
vidual member's attendance?
The association also has sent out, as a sort printer on fretted instrument clubs. Plans were
of feeler, a circular letter to the leading news- discussed for a campaign to be started to show
papers in Vermont in an effort to secure their the advantage of fretted instrument activities
co-operation looking to the creation of the among Summer camps.
office of supervisor of music in the schools. The
circular states: "We submit that a well-qualified
Interest in Band Contest
and earnest State supervisor of music is an
essential department of public education in
SAN FRANCISCO. CAL V March 22.—A great deal
States that have a large rural population. Many of interest is being shown this year in the band
of the advantages enjoyed by urban communi- contest open to high school bands in northern
ties are withheld for obvious reasons from the California which will be a feature of San Fran-
inhabitants of the more sparsely settled regions. cisco's annual Music Week celebration, May 5-
* * * As an association devoted to whatever will 11. The bandmasters of the various schools
contribute toward a greater public appreciation are making the arrangements under the direc-
of music, particularly in New England, we tion of the executive board of the California
earnestly hope that you will agree with us in Band Masters' Association, of which E. P.
our belief that the services of a State supervisor Allyn is president. George D. Ingram, musical
of music for Vermont would be a step in the director of the Mission High School, is chair-
right direction."
man of the board.
The V. C. Squier Co., manufacturers of
wound musical strings, of Battle Creek, Mich.,
announced this month aluminum wound violin
"A" string, packed straight in hermetically
sealed individual tube packing.
Regarding this innovation, Raymond Gould,
treasurer of the company, stated this week to
a representative of The Review: "There has
been an insistent demand for this aluminum
wound 'A' string, packed straight instead of in
the old-type package which was supplied only
coiled in envelopes. We are, therefore, now
able to supply it in our own hermetically sealed
packing. It is not only the most attractive
packing ever invented, but the most practical,
as the string is absolutely protected from any
and all damage while in the tube."
Musical Instrument Exports of U. S.
for Past Year Showed an Increase
Made from Genuine Calfskin
U. S. Department of Commerce Reports Total Valuation of $18,131,205 for 1928 as
Compared With $17,673,367 for Preceding Annum—An Interesting Analysis
Al/'ASHINGTON, D. C, March 25.—Exports
* * of musical instruments from the United
States in 1928 had a value of $18,131,205, com-
pared with $17,673,367 in 1927, according to a
survey just completed by George R. Connelly,
of the specialties division of the Department
of Commerce.
The sale of American musical instruments
continues to become more widespread each year
as new markets are opened up, according to
Mr. Connelly, thus offsetting the loss of lucra-
tive markets through domestic development or
high tariffs and, although 1928 exports are still
below the peak year of 1920, a very satisfactory
recovery has been made since the slump of
1921, shipments last year exceeding that year's
total by 111 per cent and being only eight per
cent under the 1920 record.
Latin America is the most important market
for our musical instruments, it is stated, pur-
chases in 1928 amounting to $10,623,283 and
constituting over fifty-eight per cent of the
total, with phonographs accounting for over
forty-seven per cent and records more than
twenty-nine per cent of sales. Canada was the
second best market with purchases amounting
to $2,287,561. Exports of Oceania, however,
declined from 1927, being valued at $2,073,828,
against $3,902,689.
Despite the strong competition met from
Germany, Great Britain, France and to a lesser
extent from other smaller European countries,
it is pointed out, the European area is still an
important outlet for our musical instruments,
exports to this area showing a steady increase
during the past three years and totaling $1,244,-
042, $1,377,655 and $1,476,078 for 1926, 1927 and
1928, respectively.
D
OLIVER DITSON CQ
BOSTON. MASS
Manufacturers
Importers and Jobbers of
MUSICAL
MERCHANDISE
Attractive
Modern
Specialties
Service
ESTABLISHED 1884
DURRO
VIOLINS
BOWS
STRINGS
AND
STEWART
BANJOS
MANDOLINS
GUITARS
Largest Wholesale
Musical Merchandise
House in America
Buegeleisen & Jacobson
NEW YORK
5-7-9 Union Square
You have tried the rest
—Now use the BEST
Joseph Rogers' Son
"XXX" and "STANDARD" Brand
Drum and Banjo Heads
The Frederick Rogers Co.
17 Jackson Ave.
Middletown, N. Y.
Black Diamond
Strings
THE WORLD'S BEST
National Musical String Co,
New Brunswick, N. J.
Gold Medal Strings
for musical instruments
Gold-plated Steel and
Wound Strings
Gibson Musical String Co.
BB
{M 1U
Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
IN THE WORLD OF MUSIC PUBLISHING
Conducted by Fred B. Diehl
Publishers' Society Makes Clear Its
Royalty Stand for Public Performance
T P H E American Society of Composers, Au-
thors and Publishers, through the medium
of a letter sent out by E. C. Mills, chairman of
the Administrative Committee, denied the
charges made at various times that the society
seeks to collect royalties for the public per-
formance of copyrighted music from dealers
who demonstrate records and music rolls for
the purpose of developing the trade and de-
clares that action is taken only in cases where
the demonstrations are conducted primarily for
the purpose of entertaining patrons in other de-
partments of the store such as at the lunch
counters and not primarily fur the purpose of
promoting record sales.
In this connection, the Society calls attention
to an interesting opinion handed down on
March 16, 1929, by Judge Otis in the U. S. Dis-
trict Court for the Western District of Mis-
souri. The opinion was presented in an action
brought by Gene Buck, as president of the so-
ciety, and Leo Feist, "Inc., against W. A.
Myers, a restaurant proprietor of Neosho, Mo.,
who conducts a phonograph and record busi-
ness as a side line. The decision, which is of
importance in view of recent claims and counter-
claims growing out of the copyright discussion,
is in full as follows:
business, he was engaged in .selling. Such is
the alleged infringement.
"1. That the owner of a restaurant who with-
out authority from the owner of the copyright
produces a copyrighted musical production for
the entertainment of his guests without other
compensation than his general charge for food
and service is nevertheless giving a 'public per-
formance for profit' and so infringing the copy-
right is settled law. Victor Herbert, et al. vs.
The Shanley Company, 242 U. S. 591.
"2. The defendant contends that a dealer in
records of copyrighted musical productions may
publicly play such records as a display of his
wares to prospective purchasers. I think the
contention is sound. The law undoubtedly by
necessary implication authorizes the manufac-
ture and sale of such records (the required
royalties having been paid by the manufacturer
to the owner of the copyright) and the right
to show a thing which may be sold to those
to whom it is sought to sell it is a necessary
incident of the right to sell. The sale of the
record means a profit to the dealer and in that
sense when he plays it for purchasers he is
playing it for a profit (for himself and for the
owner of the copyright also) but that profit
arises not from the public performance of the
production (for which he gets nothing) but
MEMORANDUM OPINION
from the sale of the record. It is not a per-
"This is an action for an injunction and dam-
formance for profit within the meaning of the
ages on account of alleged infringement of
statute. So, if this defendant, as a dealer in
copyright to a musical production known as
records, played them only before prospective
'Ramona.' The defendant, who has a restau-
purchasers of records and for no other profit
rant in the town of Neosho, Missouri, having
than that arising from their sale, to my mind
in his restaurant phonographic records contain-
there would be no infringement of copyright.
ing this production, caused them to be repro-
"But the defendant here produced this musi-
duced for the entertainment of his customers,
cal piece called 'Ramona' for a consideration
dining in his restaurant, and also that they
other than his profits from sales of records, to-
might be heard by prospective purchasers of
wit, the same consideration described in Victor
records, which, as a sideline to his principal
Herbert et al. vs. Shanley Company, supra.
His purpose was twofold, partly legitimate,
50 NEW NUMBERS AND NEW
partly illegitimate.
CATALOGS NOW READY!
200% PROFIT FOR THE DEALER
"A music dealer may play records, although
of copyrighted productions, to customers in his
store. He need not lead them one by one
into a closet there to hear a record he is offer-
ing for sale. What he may not do is to charge
admission to the store and so derive a profit
from a performance as such. The defendant
here is in this latter category in that he de-
rived an additional profit other than from the
sale of records from the increased prices he ob-
tained by reason of entertainment furnished by
him, for food sold and services rendered by him
as a restaurant owner.
"Plaintiffs will be given a permanent injunc-
tion, damages in the amount of $250.00, and an
allowance for attorney's fees in the amount of
$100.00. A form of decree may be submitted
lor approval and entry."
(Signed) MERRIL E. OTIS, District Judge.
AJCVA
W
New Publishing Firm
LEYED
Standard Teaching Music
Favorite Son<> and Instrumental Hits
Standard Studies for Piano,
Voice,Violin,Etc.
KANSAS CITY, MO., March 23.—Samuel Randall
and Dr. Leon Montgomery have just formed a
new music publishing concern, which will oper-
ate in Kansas City, Kan., under the name of
the Randall Music Publishing Co. The firm
will specialize in popular music and will an-
nounce its initial catalog shortly.
Send for Samples and Terms Today
McKINLEY MUSIC CO.
1501-1515 E. 55th St.
CHICAGO
Consult the Universal Want Directory of
The Review.
17
Songs that Sell
Irving Berlin, Inc.
Songs
Irvine Berlin's
HOW ABOUT ME
I'LL GET BY
DOWN AMONG THE SUGAR-CANE
THE WALTZ I CAN'T FORGET
I'M "KA-RAZY" FOR YOU (new)
WATCHA GONNA DO DO NOW
Irving Berlin's
ROSES OF YESTERDAY
FA FA FATHER
BELOVED
GET OUT AND GET UNDER THE
MOON
HAROLD TEEN (new)
I STILL KEEP DREAMING OF YOU
LITTLE ORPHAN ANNIE
THE SPELL OF THE HLl'KS
THEN CAME THE WAR
JUMPING JACK
Picture Theme Songs
Irving Berlin's
MARIE from "The Awakening"
Irving Berlin's
WHERE IS THE SONG OF SONGS
FOR ME, from "Lady of the Pave-
ments"
I'D RATHER BE BLUE OVER YOU
(Than Be Happy With Somebody
Else) from "My Mnn"
RAINBOW 'ROUND MY SHOULDER
from "The Singing Fool"
I LOVED YOU THEN AS I LOVE
YOU NOW, from "Dancing
Daughters"
WEARY RIVER from "Weary River"
IT'S UP TO YOU, from "Weary
River"
HEART O' MINE from "Noah's Ark"
OLD TIMER from "Noah's Ark"
ETERNAL LOVE from "Eternal
Love"
GERALDINE from "Geraldlne"
LINDA from "Linda"
I'LL NEVER FORGET from "Trial
Marriage"
PALS. JUST PALS from "Sub-
marine"
FLOWER OF LOVE from "White
Shadows"
IN A LITTLE HIDE-AWAY from
"Excess Baggage"
LONESOME from "Lonesome"
GIVE AND TAKE from "Give and
Take"
LOVE CAN NEVER DIE from "Man,
Woman and Wife"
LOVE, ALL I WANT 18 LOVE, from
"The Godless Girl"
J l 8T A SWEETHEART from "The
Battle of th« Sexes"
I FOUND GOLD WHEN I FOUND
YOU, from "The Trail of f »8"
LOVE BROUGHT THE SUNSHINE
from "The Wind"
Folios
UNIVERSAL DANCE FOLIO
No. 10
PETERSONS UKULELE METHOD
WORLD'S FAVORITE SONGS
IRVING BERLIN In,
1607 Broadway New York City
Igspay Siay Igspay
A new novelty number, based on the "pig-
latin" idiom, has just been released by Mills
Music, Inc., New York, and is expected to
strike a real popular appeal in view of the re-
quests for it on the part of big acts and radio
entertainers. The title of the song is "Do You
Wanna Little Iss-Kay?' the last word of which,
lor the benefit of those who failed to take Pig-
Latin I in their school days, is translated as
"Kiss." The early demand for the number has
necessitated the writing of extra choruses.

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