Music Trade Review
Issue: 1904 Vol. 38 N. 6 - Page 47
Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
THE!
MUPiiC
TRADE
REVIEW
47
A PARODY NOT AN INFRINGEMENT.
the fact that the stage business and the
characteristics imitated are inseparably
The Ruling of Judge McPherson Who Refused the
connected with the peculiar words and
Preliminary Enjoining Order is Interesting to
music, I do not believe that the perform-
Members of the Trade.
ance is forbidden either by the letter or the
When Fay Templeton, as a specialist in spirit of the act of 1897. The owner of the
"The Runaways" imitated Lottie Faust's copyright is entitled (upon the assumption
singing of "Sammy," in the "Wizard of heretofore stated) to be protected from un-
Oz," an injunction was asked by Sol authorized public performance. . . .
Bloom, publisher of the song in question, Fay Templeton does not sing it, she mere-
under Section 4966 of the United States ly imitates the singer; and the interest in
revised statutes, as amended in 1897, which her own performance is due, not to the
imposes a liability in damages upon any song, but to the degree of excellence of the
person, "publicly performing or represent- imitation. This is a distinct and different
ing any dramatic or musical composition variety of the histrionic art from the sing-
for which a copyright has been obtained, ing of songs, dramatic or otherwise, and I
wthout the consent of the proprietor of do not think that the example now before
said dramatic or musical composition."
the court has in any way interferred with
the
legal rights of the complainants."
After going over the facts as presented in
,the affidavits, Judge McPherson, of the
SOL BLOOM SUCCESSES.
U. S. District Court, Philadelphia, in refus-
ing the preliminary enjoining order said: Two Numbers That Bid Fair to Win no Small
Share of Popularity.
"Assuming, for present purposes, that a
lyric is capable of being "performed or rep-
Vocalists and producers alike, who are
resented" in the sense that should be given seeking song novelties, continue to draw
THEODORE NORTHRUP.
to those words as they are used by the satisfactory waves from Sol Bloom's cata-
statute, the question remains, is the song logue. During the week past, two ex-
Theodore Northrup, who is responsible
in fact being performed or represented? In ceptionally clever numbers have been se-
for
the major part of the score of "Buster
my opinion, the question should be cured from this source; the first is a new
Brown,"
the new cartoon play success, is a
answered in the negative. What is being and tuneful composition by Wm. H. Penn,
versatile
and
popular writer on the staff of
represented are the peculiar actions, ges- entitled "Honey Boy." Leila Mclntyre
M.
Witmark
&
Sons. This year has been a
tures, and tones of Miss Faust; and these renders this number in "Mother Goose"
marked
one
for
him because of the number
were not copyrighted by the complainant with all the finesse this artist is noted for,
of
successes
he
has
made, successes of a
Bloom, and could not be, since they were and the combination of clever song and
striking
and
noticeable
sort, prominent among
the subsequent device of other minds. It competent singer has met with emphatic
which
are
the
two
baritone
songs, "Here's
is the personality imitated that is the sub- approval for theatre goers and music buy-
to
Nut
Brown
Ale,"
and
"Beware
of the
ject of Miss Templeton's act, modified, of ers, alike.
Brigand
Bold,"
written
with
Stanley
Forde
course, by her own individuality, and it The second is an effort of Heelan &
and
sung
by
that
well-known
singer
in
"The
seems to me that the chorus of the song Helf's, "Be Good and You'll Be Happy,"
Princess
of
Kensington"
and
"The
Medal
is a mere vehicle for carrying the imitation a song that is particularly tuneful and
along. Surely a parody would not infringe genuinely funny. Jos. J. Sullivan has in- and the Maid" respectively, where they both
the copyright of the work parodied, merely terpolated this number in "Red Feather" scored big hits. Other numbers of Mr.
because a few lines of the original might and is convinced that he has secured a song Northrup's, which are being played and sung
everywhere, are "Pretty Poll," "A Yeoman
be textually reproduced.
that will stand out for every number in this of the Guard," "The King of Coney Isle,"
"No doubt, the good faith of such clever comedy. The orders already re- "Polly Pry," "My Dinah Lee," "The Poppy
mimicry is an essential element; and, if it ceived for these compositions have con-
appeared that the imitation was a mere at- vinced Sol Bloom that he has two more
tempt to evade the owner's copyright, the strong sellers on his extensive catalogue.
singer would properly be prohibited from
WITMARK PUBLICITY.
doing in a roundabout way what could not
be done directly. But where, as here, it is A Handy Volume Containing the Names of Many
clearly established that the imitation is in
Songs by Composers of International Fame.
good faith, and that the repetition of the Tn a small book or catalogue of concert
chorus is an incident that is d,ue solely to and home songs from M. Wit mark & Sons,
Separate Numbers and Scores
of the following-
Comic Opera and Musical
: : Comedy Successes : :
"RED FEATHER"—By Chas. Emerson Cook, Chas. Klein
and Reginald De Koven.
'NANCY BROWN"—By Frederic Ranken and Henry K
Hadley.
"THE MOCKING BIRD"—By Sidney Roienfeld and A.
Baldwin Sloane.
"WINSOnB WINNIE"—By Frederic Ranken and Gus-
tave Kerker.
"THE OFFICE BOY "—By Harry B. Smith and Ludwig
Englander.
"THE SLEEPY KINO"—By Geo. V. Hobart and Gio-
vanni E. Conterno.
"A OIRL FROM DIXIE"—By Harry B. Smith.
"THE ISLE OF SPICE"—By Allen Lowe & Paul Schindle.
r.bn.b.ib, j O S . W . S T E R N & CO.
84 East 21st Str«et
NEW YORK
CHicieo
LonoH
8AJ» nuncuoo
SOL
BLOO
NEW AMSTERDAM THEATRE BUILDING,
42nd Street, near Broadway,
-
NEW YORK —
it is a pleasure to note that while that firm
are essentially popular publishers, they
have a little corner of their own in high
grade concert and drawing room numbers
written by such well known musicians as
Victor Herbert, Julian Edwards, Alfred G.
Robyn, Caro Roma, Harry Paterson Hop-
kins, Harvey Worthington Loomis, Herman
Deveries, Reed Miller, Eugene Cowles,
William T. Francis, Harry Rowe Shelley,
Frank Tours and a host of other well
known writers. This little book is both
useful and comprehensive and will aid
many private and public singers in the se-
lection of a repertoire at one high grade and
attractive.
PUBLISHER OF
"LAUGHING WATER,"
" T H E SUN DANCE,
" S A M M V " (the Hit of "Wizard of Oz,")
"THERE'S NOBODY JUST LIKE YOU,"
" T H E GIRL YOU LOVE"
from "Three Little Maids" and "The Silver Slipper,
" KI-YO," Great Indian Song Success.
Send for our New and Complete Catalogues.
H I N D S & NOBLE, Publishers,
31-33-35 West 15th St., New York City.
DEAR SIRS:—You may ship us the books we have
checked, billing them to us at 33J4# discount.
Songs of All the Colleges
.
.
. |1.50
Songs of the Eastern Colleges
.
. 1.25
Songs of the Western Colleges
.
. 1.26
. New Songs for College Glee Clubs
.
.50
.
, New Songs ior Male Quartettes
.
.
.60
New Songs & Anthems for Church Quar., ea. .25
Pieces that Have Taken Prizes in Contests 1.25
New Pieces that Will Take Prizes in Contests 1.25
Pieces for Every Occasion
.
.
. 1.25
A Southern Speaker
.
.
.
. 1.00
3-Minute Declamations for College Men
1.00
3-Minute Readings for College Girls . 1.00
How to Attract and Hold an Audience .
1 00
Ilowto Use the Voice in Reading & Speaking 125
How to Gesture (New Illustrated lUtition) 1.00
C mniencemfnt Parts(Oration
Send via
THE!
MUPiiC
TRADE
REVIEW
47
A PARODY NOT AN INFRINGEMENT.
the fact that the stage business and the
characteristics imitated are inseparably
The Ruling of Judge McPherson Who Refused the
connected with the peculiar words and
Preliminary Enjoining Order is Interesting to
music, I do not believe that the perform-
Members of the Trade.
ance is forbidden either by the letter or the
When Fay Templeton, as a specialist in spirit of the act of 1897. The owner of the
"The Runaways" imitated Lottie Faust's copyright is entitled (upon the assumption
singing of "Sammy," in the "Wizard of heretofore stated) to be protected from un-
Oz," an injunction was asked by Sol authorized public performance. . . .
Bloom, publisher of the song in question, Fay Templeton does not sing it, she mere-
under Section 4966 of the United States ly imitates the singer; and the interest in
revised statutes, as amended in 1897, which her own performance is due, not to the
imposes a liability in damages upon any song, but to the degree of excellence of the
person, "publicly performing or represent- imitation. This is a distinct and different
ing any dramatic or musical composition variety of the histrionic art from the sing-
for which a copyright has been obtained, ing of songs, dramatic or otherwise, and I
wthout the consent of the proprietor of do not think that the example now before
said dramatic or musical composition."
the court has in any way interferred with
the
legal rights of the complainants."
After going over the facts as presented in
,the affidavits, Judge McPherson, of the
SOL BLOOM SUCCESSES.
U. S. District Court, Philadelphia, in refus-
ing the preliminary enjoining order said: Two Numbers That Bid Fair to Win no Small
Share of Popularity.
"Assuming, for present purposes, that a
lyric is capable of being "performed or rep-
Vocalists and producers alike, who are
resented" in the sense that should be given seeking song novelties, continue to draw
THEODORE NORTHRUP.
to those words as they are used by the satisfactory waves from Sol Bloom's cata-
statute, the question remains, is the song logue. During the week past, two ex-
Theodore Northrup, who is responsible
in fact being performed or represented? In ceptionally clever numbers have been se-
for
the major part of the score of "Buster
my opinion, the question should be cured from this source; the first is a new
Brown,"
the new cartoon play success, is a
answered in the negative. What is being and tuneful composition by Wm. H. Penn,
versatile
and
popular writer on the staff of
represented are the peculiar actions, ges- entitled "Honey Boy." Leila Mclntyre
M.
Witmark
&
Sons. This year has been a
tures, and tones of Miss Faust; and these renders this number in "Mother Goose"
marked
one
for
him because of the number
were not copyrighted by the complainant with all the finesse this artist is noted for,
of
successes
he
has
made, successes of a
Bloom, and could not be, since they were and the combination of clever song and
striking
and
noticeable
sort, prominent among
the subsequent device of other minds. It competent singer has met with emphatic
which
are
the
two
baritone
songs, "Here's
is the personality imitated that is the sub- approval for theatre goers and music buy-
to
Nut
Brown
Ale,"
and
"Beware
of the
ject of Miss Templeton's act, modified, of ers, alike.
Brigand
Bold,"
written
with
Stanley
Forde
course, by her own individuality, and it The second is an effort of Heelan &
and
sung
by
that
well-known
singer
in
"The
seems to me that the chorus of the song Helf's, "Be Good and You'll Be Happy,"
Princess
of
Kensington"
and
"The
Medal
is a mere vehicle for carrying the imitation a song that is particularly tuneful and
along. Surely a parody would not infringe genuinely funny. Jos. J. Sullivan has in- and the Maid" respectively, where they both
the copyright of the work parodied, merely terpolated this number in "Red Feather" scored big hits. Other numbers of Mr.
because a few lines of the original might and is convinced that he has secured a song Northrup's, which are being played and sung
everywhere, are "Pretty Poll," "A Yeoman
be textually reproduced.
that will stand out for every number in this of the Guard," "The King of Coney Isle,"
"No doubt, the good faith of such clever comedy. The orders already re- "Polly Pry," "My Dinah Lee," "The Poppy
mimicry is an essential element; and, if it ceived for these compositions have con-
appeared that the imitation was a mere at- vinced Sol Bloom that he has two more
tempt to evade the owner's copyright, the strong sellers on his extensive catalogue.
singer would properly be prohibited from
WITMARK PUBLICITY.
doing in a roundabout way what could not
be done directly. But where, as here, it is A Handy Volume Containing the Names of Many
clearly established that the imitation is in
Songs by Composers of International Fame.
good faith, and that the repetition of the Tn a small book or catalogue of concert
chorus is an incident that is d,ue solely to and home songs from M. Wit mark & Sons,
Separate Numbers and Scores
of the following-
Comic Opera and Musical
: : Comedy Successes : :
"RED FEATHER"—By Chas. Emerson Cook, Chas. Klein
and Reginald De Koven.
'NANCY BROWN"—By Frederic Ranken and Henry K
Hadley.
"THE MOCKING BIRD"—By Sidney Roienfeld and A.
Baldwin Sloane.
"WINSOnB WINNIE"—By Frederic Ranken and Gus-
tave Kerker.
"THE OFFICE BOY "—By Harry B. Smith and Ludwig
Englander.
"THE SLEEPY KINO"—By Geo. V. Hobart and Gio-
vanni E. Conterno.
"A OIRL FROM DIXIE"—By Harry B. Smith.
"THE ISLE OF SPICE"—By Allen Lowe & Paul Schindle.
r.bn.b.ib, j O S . W . S T E R N & CO.
84 East 21st Str«et
NEW YORK
CHicieo
LonoH
8AJ» nuncuoo
SOL
BLOO
NEW AMSTERDAM THEATRE BUILDING,
42nd Street, near Broadway,
-
NEW YORK —
it is a pleasure to note that while that firm
are essentially popular publishers, they
have a little corner of their own in high
grade concert and drawing room numbers
written by such well known musicians as
Victor Herbert, Julian Edwards, Alfred G.
Robyn, Caro Roma, Harry Paterson Hop-
kins, Harvey Worthington Loomis, Herman
Deveries, Reed Miller, Eugene Cowles,
William T. Francis, Harry Rowe Shelley,
Frank Tours and a host of other well
known writers. This little book is both
useful and comprehensive and will aid
many private and public singers in the se-
lection of a repertoire at one high grade and
attractive.
PUBLISHER OF
"LAUGHING WATER,"
" T H E SUN DANCE,
" S A M M V " (the Hit of "Wizard of Oz,")
"THERE'S NOBODY JUST LIKE YOU,"
" T H E GIRL YOU LOVE"
from "Three Little Maids" and "The Silver Slipper,
" KI-YO," Great Indian Song Success.
Send for our New and Complete Catalogues.
H I N D S & NOBLE, Publishers,
31-33-35 West 15th St., New York City.
DEAR SIRS:—You may ship us the books we have
checked, billing them to us at 33J4# discount.
Songs of All the Colleges
.
.
. |1.50
Songs of the Eastern Colleges
.
. 1.25
Songs of the Western Colleges
.
. 1.26
. New Songs for College Glee Clubs
.
.50
.
, New Songs ior Male Quartettes
.
.
.60
New Songs & Anthems for Church Quar., ea. .25
Pieces that Have Taken Prizes in Contests 1.25
New Pieces that Will Take Prizes in Contests 1.25
Pieces for Every Occasion
.
.
. 1.25
A Southern Speaker
.
.
.
. 1.00
3-Minute Declamations for College Men
1.00
3-Minute Readings for College Girls . 1.00
How to Attract and Hold an Audience .
1 00
Ilowto Use the Voice in Reading & Speaking 125
How to Gesture (New Illustrated lUtition) 1.00
C mniencemfnt Parts(Oration
Send via
Future scanning projects are planned by the International Arcade Museum Library (IAML).