Music Trade Review
Issue: 1907 Vol. 44 N. 5 - Page 46
Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
THE MUSIC TRADE
46
SENATE BILL RETAINS PARAGRAPH G.
Takes a Position Directly Opposed to the House
Bill on This Subject—An Interesting De-
velopment—Which Bill Will Win?
(Special to The Review.)
Washington, D. C , Jan. 29, 1907.
The copyright Mil (No. 6330) has been report-
ed out of the Patent Committee by Senator Kit-
tredge, the chairman. The bill is not materially
different from that reported by Congressman
Currier, chairman of the House Committee on
Patents, except as to paragraph G of section 1.
The Senate Committee takes a position directly
opposed to that in the House bill by providing
the following: That the copyright shall include
"the exclusive right to perform the copyrighted
work publicly for profit if it be a musical com-
position, on which such right of public perfor-
mance for profit has been reserved as provided
in section 14 of the bill, and to make any re-
arrangements or resetting of it or the melody
of it in any system of notation or any form of
record in which the thought of an author may
be recorded, and from which it may be repro-
duced." This is practically a substitute for the
much-fought-over paragraph G. Under the
House bill the only persons required to pay roy-
alty on copyright music are the penny arcades
or vaudeville parlors for the talking machine
records or the perforated rolls used on their au-
tomatic playing instruments and street organs.
There is scarcely any likelihood of the bill pass-
ing at this session.
Reginald de Koven, the celebrated composer,
has written a strong and bitter protest on the
attitude of the House Committee on the bill.
DITSON'S LATEST PUBLICATIONS.
REVIEW
month, despite the fact that a very large edi-
tion was printed. Among the newer things
from the Ditson press is "Songs of the North,"
a collection of representative songs of Norway,
Sweden and Denmark, edited by Mrs. Valborg
Hovind Stub. It should he Heartily welcomed
by every lover of Scandinavian songs. Two
other interesting publications are "Communion
Service," adapted from Gounod's Messe Solen-
nelle, by H. CloughrLeighter, and "The Cruci-
fixion and Resurrection," by W. Berwald.
One of the most valuable and important
books for all who have to do with music is
Louis C. Elson's Music Dictionary, just issued
by the Oliver Ditson Go. This gives a list of
prominent foreign composers and artists, with
their chief works, the pronunciation of their
names, date of birth, etc.; a short vocabulary of
English musical terms, with their Italian equiv-
alent; rules of pronunciation which enable stu-
dents to pronounce not only the musical terms,
but every word in either of the three languages;
a list of popular errors in music; in fact, noth-
ing has been overlooked by Mr. Elson to make
this one of the most exhaustive, interesting and
authoritative works of its kind ever published.
For the music teacher or the student it is sim-
ply invaluable, and will prove a veritable vade
mecum for those desiring to familiarize them-
selves with the rules governing the pronuncia-
tion of foreign languages, as well as of the
names of the many composers whose music they
are studying. The Oliver Ditson Co. have pro-
duced this book in a most satisfying cloth bind-
ing. The printing is first-class, and every one
of its 306 pages will be found worth perusal.
Louis C. Elson, the author, is professor of
theory of music at the New England Conserva-
tory of Music, and well known as an authority
in the musical world. This volume is listed at
one dollar.
Elson's Music Dictionary a Volume That Is
Bound to be on Demand—"From Bach to
Chopin" Selling Well—Some Recent Songs.
THE HIGHER LAW OF COPYRIGHT.
(Special to The Review.)
An Important Decision Just Handed Down
Which Will Interest Members of the Music
Publishing Trade.
Boston, Mass., Jan. 28, 1907.
The Oliver Ditson Co. report a wonderful sale
of their latest addition to the Musicians' Li-
brary, "From Bach to Chopin." Every teacher
of the piano, it seems, in the country has in-
dorsed it heartily. The January issue of The
Musician, which was a remarkably interesting
one, was entirely sold out on ttie 5th of the
Vesta Victoria's New Hit
POOR
JOHN!
By the -writers of
"WAITING AT THE CHURCH"
FRANCIS, DAY & HUNTER
15 West 301b Street
NEW YORK
OUR "NEW ISSUE"
PROPOSITION
la ol tntereat to all dealers—we furnish
yon with any quantity of our new
thematic catalogues without charge.
We publish ** The Good Old U. S. A.."
"Just a Little Rocking Chair and You,"
"Keep On the Sunny Side,** and other
big hits.
Let us get In touch with you—writ* us.
F. B. Haviland Pub. Co.
125 W. 37th Street, New York
While the entire book trade are vastly inter-
ested in a new point of law just decided by the
Appellate Division, First Department, of the Su-
preme Court of New York, publishers of music
are also vitally concerned. It establishes the
principle which Justice Ingraham expresses in
his opinion concurring with Justice Scott: "I
can see no reason why the same general rule
which has been adopted and enforced as to gen-
eral merchandise should not apply to books or
any other article made by a merchant for gen-
eral sale and distribution."
E. P. Dutton & Co. have issued for several
years the "Gem Series" of little books, illum-
inated missals in effect containing religious
verses. They are printed in Bavaria and natur-
ally are not copyrighted here. Cupples & Yeon,
a book publishing house, put out the "Eureka
Series." Dutton & Co., through their lawyers,
asked Justice O'Gorman to restrain Cupples &
Leon from publishing or offering for sale the
"Eureka Series" as being a very close imitation
of the "Gem Series." Justice O'Gorman declined
to grant the injunction and it was carried to the
higher court.
The Appellate Division grants the injunction.
Justice Scott writes that when a publisher takes
an uncopyrighted book, but binds and illustrates
it in a particular manner, even though the illus-
trations themselves are not copyrighted, the pub-
lisher obtains a property right in the book as a
whole. There is no question of copyright. On
this point the court says: "The plaintiff cannot
and does not question defendant's right to pub-
lish any one or all of the same hymns and
poems; to publish them in half white binding
with decorated and pictured binding; to adopt
any form of type it pleases; to illustrate the
books and to decorate the borders of its pages,
but it is contended, and, as we think, with rea-
son, that it is violative of the rules of fair trade
and fair competition to publish and offer for sale
identical copies of the books which plaintiff had
published and for which it had created a profita-
ble demand."
STERN'S NEW BOOK OF MODERN CLASSICS
There are a few things that are worth saying
concerning the Modern Classics Repertoire which
has just been issued by Stern & Co., and it will
be to the advantage of the trade to give their
attention to this volume. There is an abund-
ance of such, works in circulation now, and the
advisability of adding to the number would be
a matter of question, unless the addition had
something distinctly superior in itself to offer.
It is a widely recognized fact that this policy
of superiority has always been' at the bottom of
everything that Stern's house has done, and
in this recent departure of handling the classics,
it constitutes the main characteristic. It em-
braces selections from Chaminade, Grieg, Godard,
Schuett, Scharwenka, Moszkowsky, Paderewski,
Leschitizsky, Sinding, Tschaikowsky and Nicolai
von Wilm. The choicest pianoforte works of
these eminent composers are represented. There
is nothing inferior, nothing dull from its first
page to its last.
Joseph W. Stern & Co. are distributing a handy
and well-bound memorandum book with their
compliments. The dating is differently arranged
from the usual articles of this kind, prefaced
with a concise history of the firm, and with a
picture of their new elegant building.
NEW MUSICAL COMEDIES
"THE TOURISTS," by Burnside Mid Kerker
"THE SOCIAL WHIRL," by Herbert and Kerker
"THE ROSE OF ALB AM BRA." by Cook and Hosmer
Complete Vocal Score and Special Numbers
Song Hits from the "Rich Mr. Hoggenheimer"
"DON'T YOU WANT A PAPER, DEARIE?" POKER LOVE
"BAG PIPE SERENADE," by Jerome D.Kern
T. B. HARMS COMPANY
126 West 44th St.
NEW YORK
Another Chappell Production Success.
We
Spring Chicken
Music by IVAN CARYLL and LIONEL MONCKTON.
Real Song Hits of Same Are:
" I Don't Know But I Guess."
"Coquin de Printemp."
"In Rotterdam."
W. 17lh St.
CHAPPELL & CO., Ltd. 37 NEW
YORK.
PUBLISHERS' DISTRIBUTING CO.
51 West 28th Street, New York
JOBBERS ONLY
We do NOT PUBLISH Mutlc. SELLING AGENTS
exclusively.
Carry Music of all the Publishers. We solicit the
Sheet Music Business of Dealers throughout the country.
Orders properly taken care of and goods promptly shipped.
THE MUSIC TRADE
46
SENATE BILL RETAINS PARAGRAPH G.
Takes a Position Directly Opposed to the House
Bill on This Subject—An Interesting De-
velopment—Which Bill Will Win?
(Special to The Review.)
Washington, D. C , Jan. 29, 1907.
The copyright Mil (No. 6330) has been report-
ed out of the Patent Committee by Senator Kit-
tredge, the chairman. The bill is not materially
different from that reported by Congressman
Currier, chairman of the House Committee on
Patents, except as to paragraph G of section 1.
The Senate Committee takes a position directly
opposed to that in the House bill by providing
the following: That the copyright shall include
"the exclusive right to perform the copyrighted
work publicly for profit if it be a musical com-
position, on which such right of public perfor-
mance for profit has been reserved as provided
in section 14 of the bill, and to make any re-
arrangements or resetting of it or the melody
of it in any system of notation or any form of
record in which the thought of an author may
be recorded, and from which it may be repro-
duced." This is practically a substitute for the
much-fought-over paragraph G. Under the
House bill the only persons required to pay roy-
alty on copyright music are the penny arcades
or vaudeville parlors for the talking machine
records or the perforated rolls used on their au-
tomatic playing instruments and street organs.
There is scarcely any likelihood of the bill pass-
ing at this session.
Reginald de Koven, the celebrated composer,
has written a strong and bitter protest on the
attitude of the House Committee on the bill.
DITSON'S LATEST PUBLICATIONS.
REVIEW
month, despite the fact that a very large edi-
tion was printed. Among the newer things
from the Ditson press is "Songs of the North,"
a collection of representative songs of Norway,
Sweden and Denmark, edited by Mrs. Valborg
Hovind Stub. It should he Heartily welcomed
by every lover of Scandinavian songs. Two
other interesting publications are "Communion
Service," adapted from Gounod's Messe Solen-
nelle, by H. CloughrLeighter, and "The Cruci-
fixion and Resurrection," by W. Berwald.
One of the most valuable and important
books for all who have to do with music is
Louis C. Elson's Music Dictionary, just issued
by the Oliver Ditson Go. This gives a list of
prominent foreign composers and artists, with
their chief works, the pronunciation of their
names, date of birth, etc.; a short vocabulary of
English musical terms, with their Italian equiv-
alent; rules of pronunciation which enable stu-
dents to pronounce not only the musical terms,
but every word in either of the three languages;
a list of popular errors in music; in fact, noth-
ing has been overlooked by Mr. Elson to make
this one of the most exhaustive, interesting and
authoritative works of its kind ever published.
For the music teacher or the student it is sim-
ply invaluable, and will prove a veritable vade
mecum for those desiring to familiarize them-
selves with the rules governing the pronuncia-
tion of foreign languages, as well as of the
names of the many composers whose music they
are studying. The Oliver Ditson Co. have pro-
duced this book in a most satisfying cloth bind-
ing. The printing is first-class, and every one
of its 306 pages will be found worth perusal.
Louis C. Elson, the author, is professor of
theory of music at the New England Conserva-
tory of Music, and well known as an authority
in the musical world. This volume is listed at
one dollar.
Elson's Music Dictionary a Volume That Is
Bound to be on Demand—"From Bach to
Chopin" Selling Well—Some Recent Songs.
THE HIGHER LAW OF COPYRIGHT.
(Special to The Review.)
An Important Decision Just Handed Down
Which Will Interest Members of the Music
Publishing Trade.
Boston, Mass., Jan. 28, 1907.
The Oliver Ditson Co. report a wonderful sale
of their latest addition to the Musicians' Li-
brary, "From Bach to Chopin." Every teacher
of the piano, it seems, in the country has in-
dorsed it heartily. The January issue of The
Musician, which was a remarkably interesting
one, was entirely sold out on ttie 5th of the
Vesta Victoria's New Hit
POOR
JOHN!
By the -writers of
"WAITING AT THE CHURCH"
FRANCIS, DAY & HUNTER
15 West 301b Street
NEW YORK
OUR "NEW ISSUE"
PROPOSITION
la ol tntereat to all dealers—we furnish
yon with any quantity of our new
thematic catalogues without charge.
We publish ** The Good Old U. S. A.."
"Just a Little Rocking Chair and You,"
"Keep On the Sunny Side,** and other
big hits.
Let us get In touch with you—writ* us.
F. B. Haviland Pub. Co.
125 W. 37th Street, New York
While the entire book trade are vastly inter-
ested in a new point of law just decided by the
Appellate Division, First Department, of the Su-
preme Court of New York, publishers of music
are also vitally concerned. It establishes the
principle which Justice Ingraham expresses in
his opinion concurring with Justice Scott: "I
can see no reason why the same general rule
which has been adopted and enforced as to gen-
eral merchandise should not apply to books or
any other article made by a merchant for gen-
eral sale and distribution."
E. P. Dutton & Co. have issued for several
years the "Gem Series" of little books, illum-
inated missals in effect containing religious
verses. They are printed in Bavaria and natur-
ally are not copyrighted here. Cupples & Yeon,
a book publishing house, put out the "Eureka
Series." Dutton & Co., through their lawyers,
asked Justice O'Gorman to restrain Cupples &
Leon from publishing or offering for sale the
"Eureka Series" as being a very close imitation
of the "Gem Series." Justice O'Gorman declined
to grant the injunction and it was carried to the
higher court.
The Appellate Division grants the injunction.
Justice Scott writes that when a publisher takes
an uncopyrighted book, but binds and illustrates
it in a particular manner, even though the illus-
trations themselves are not copyrighted, the pub-
lisher obtains a property right in the book as a
whole. There is no question of copyright. On
this point the court says: "The plaintiff cannot
and does not question defendant's right to pub-
lish any one or all of the same hymns and
poems; to publish them in half white binding
with decorated and pictured binding; to adopt
any form of type it pleases; to illustrate the
books and to decorate the borders of its pages,
but it is contended, and, as we think, with rea-
son, that it is violative of the rules of fair trade
and fair competition to publish and offer for sale
identical copies of the books which plaintiff had
published and for which it had created a profita-
ble demand."
STERN'S NEW BOOK OF MODERN CLASSICS
There are a few things that are worth saying
concerning the Modern Classics Repertoire which
has just been issued by Stern & Co., and it will
be to the advantage of the trade to give their
attention to this volume. There is an abund-
ance of such, works in circulation now, and the
advisability of adding to the number would be
a matter of question, unless the addition had
something distinctly superior in itself to offer.
It is a widely recognized fact that this policy
of superiority has always been' at the bottom of
everything that Stern's house has done, and
in this recent departure of handling the classics,
it constitutes the main characteristic. It em-
braces selections from Chaminade, Grieg, Godard,
Schuett, Scharwenka, Moszkowsky, Paderewski,
Leschitizsky, Sinding, Tschaikowsky and Nicolai
von Wilm. The choicest pianoforte works of
these eminent composers are represented. There
is nothing inferior, nothing dull from its first
page to its last.
Joseph W. Stern & Co. are distributing a handy
and well-bound memorandum book with their
compliments. The dating is differently arranged
from the usual articles of this kind, prefaced
with a concise history of the firm, and with a
picture of their new elegant building.
NEW MUSICAL COMEDIES
"THE TOURISTS," by Burnside Mid Kerker
"THE SOCIAL WHIRL," by Herbert and Kerker
"THE ROSE OF ALB AM BRA." by Cook and Hosmer
Complete Vocal Score and Special Numbers
Song Hits from the "Rich Mr. Hoggenheimer"
"DON'T YOU WANT A PAPER, DEARIE?" POKER LOVE
"BAG PIPE SERENADE," by Jerome D.Kern
T. B. HARMS COMPANY
126 West 44th St.
NEW YORK
Another Chappell Production Success.
We
Spring Chicken
Music by IVAN CARYLL and LIONEL MONCKTON.
Real Song Hits of Same Are:
" I Don't Know But I Guess."
"Coquin de Printemp."
"In Rotterdam."
W. 17lh St.
CHAPPELL & CO., Ltd. 37 NEW
YORK.
PUBLISHERS' DISTRIBUTING CO.
51 West 28th Street, New York
JOBBERS ONLY
We do NOT PUBLISH Mutlc. SELLING AGENTS
exclusively.
Carry Music of all the Publishers. We solicit the
Sheet Music Business of Dealers throughout the country.
Orders properly taken care of and goods promptly shipped.
Future scanning projects are planned by the International Arcade Museum Library (IAML).