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The Music Trade Review
Hotel Wins Decision on
Copyrighted Radio Music
entury
Federal Court in Kansas City Holds That It
Can Transmit Radio Programs to Guests
Without Penalty
MAY 4, 1929
Songs That
Really Sell
Outstanding Sellers in Our
Popular Catalogue
KANSAS CITY, MO., April 29.—In a decision
MV SIN
handed down on Thursday of this week Judge
MKAN TO ME
Merrill E. Otis, in the Federal District Court
(tLD-FASHIONEI) LADY
here, upheld the right of hotels owning radio
I'LL NEVER ASK FOR MORE
WHEN' THE WORLD 18 AT KKST
receiving sets to transmit to guest rooms over
SWKKT SUZANNE
loud speaker systems copyrighted music broad-
HELLO SUNSHINE, HELLO
cast from radio stations.
The decision, said to be the first of its kind,
Our Great Picture
was handed down in the suit of the American
Society of .Composers, Authors and Publishers
Theme Songs
against the La Salle Hotel here for alleged in-
MY TONIA—From "IN OLD ARIZONA"
fringement of copyright on a musical composi-
CHRISTINA—From "CHRISTINA"
Fifteen cents a copy for the
SALLY OF MY DREAMS—From "MOTHER
tion received on the hotel's master receiving
KNOWS WEST"
set and heard in guests' rooms through indi-
Best existing Edition is the
SONNY BOY—From "THE SINGING FOOL"
vidual loud speakers.
SOMEDAY, SOMEWHERE—From "THE KKD
reason why "CENTURY" is
DANCE"
The decision drew a line between radio pro-
JUDY—From "ROMANCE OF THE UNDER-
grams and talking machine records, and the
Best selling Edition.
WORLD"
TRUE HEAVEN—From "TRUE HEAVEN"
plaintiffs were awarded $250 dama.ges for al-
1 FOINI) HAPPINESS—From "THE RIVER"
leged transmission of a record by the hotel.
HEARTS
IN
DIXIE—From
"HEARTS
IN
Judge Otis held that in the case of the radio
DIXIE"
235 W. 4Oth St., New York City program the hotel owners did not perform the
MARIAN (Love Theme)—From "4 DEVILS"
DESTINY
(Dramatic
Theme) —From
"4
copyrighted work but merely provided- means
DEVILS"
1
by which it might be heard.
"The right to perform a musical composition
De Sylva, Brown & Henderson, Inc.
1 CANTON, OHIO, April 30.—Substantial sales in does not carry with it a proprietary interest in
745
Seventh Ave.
New York City
the waves that go out upon the air," the deci-
sheet music as compared to Spring a year ago
sion said. "They are a,s muc-h the common
are reported by local music shops. The recent
( anton presentations of the sound motion pic- property of all as the sunshine and the zephyr."
A talking machine record, it was held, is a
tures "Broadway Melody, "Weary River" and
"Syncopation" were largely responsible for the separate thing from the original performance
in the studio where it was made, whereas in
boost in music sales, which not only affected
the case of a radio program the waves sent out
theme songs but the full line of popular hits.
Charles Lang of the music publishing firm of
upon the ether are the performance itself.
"15roadway Melody" and "You Were Meant for
Bibo-Lang, Inc., New York, left last week for
Me," from "Broadway Melody," have been
a three weeks' trip through the Middle West
much in demand and "Jericho," from "Synco-
in the interest of the concern's catalog. The
pation," has also been a big seller. "Weary
firm ha,s been doing a big business with "Hug-
River," "Precious Little Thing Called Love"
gable Kissable You," melody fox-trot from the
Among the recent publications of the Oliver
and "Marie" have been the outstanding suc-
Ditson Co., is included a musical miracle play, pen of Irving Bibo. Mr. Lang will also exploit
cesses, according to Dorothy Becker, in charge "The Pilgrim's Progress," based on the allegory
the balance of the popular catalog, including
iif the sheet music sections of the large Mc- of John Bunyan, arranged by Elizabeth Hodg-
such numbers as "My Annapolis and You,"
Crory store here.
theme song of the photoplay, "My Annapolis,"
kinson, and with music by Edgar Stillman
Kelley. The play is in three parts requiring "Goodness Gracious Gracie," "Only a Dream"
and "Why Do You Give Your Smiles to Some-
over two hours for the presentation. Another
one Else?"
interesting volume is entitled "My First Lesson
Another feature that Mr. Lang will concen-
PITTSBURGH, PA., April 29.—The original man- Book" for piano by Mathilde Bilbro, a group
of melodious little pieces for beginners, and ap- trate on is the firm's folio series, containing
uscript of "Open Thy Lattice Love," the first
propriate for Easter time, is a volume of Solo such books as "Songs Everyone Loves,"
published song of Stephen Collins Foster, has
Responses for the Church Service taken from "Neapolitan Songs Everyone Loves," "Hohner
been on display for several days in the show
Harmonica Method," "The Magic Pianist,"
window of the Joseph Home Co., here. Kauf- the works of various composers.
Frank Skinner's Book on Modern Arranging,
mann's department store also showed the corn-
poser's flageolet and guitar -as well as the
The Highland Music & Book Nook, of Indian- "Hot Cymbal Socks and Breaks" and the spir-
piano, of German make, on which he did much
apolis, Ind., has been incorporated with a capital ituals in folio form from the Theatre Guild
of his work. All of the mementos were loaned
stock of 100 shares of common, no par value. presentation, "Porgy."
from the Foster Memorial Homestead by spe- The concern will deal in books, magazines, and
cial permission of city council and Mrs. A. 1). sheet music. The incorporators are Ivy E.
Lon Fleischmann, well known in Los An-
Rose, granddaughter of the song writer, who
Sollenberger, Louise Wikel and William Gage geles, has been appointed sales manager of the
is in charge of the homestead.
Hoag.
piano section of Barker Bros., that city.
is the message we are sending to
millions of people every day
through the medium of 31 Best
American Magazines directing the
readers to go to their dealers for
copies.
HOOK-UP
Century Music Pub. Co.
Big Sheet Music Sales
Charles Lang Making Trip
Through Middle West
New Ditson Publications
Foster Mementos Shown
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