Music Trade Review
Issue: 1908 Vol. 47 N. 18 - Page 46
Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
THE MUSIC TRADE REVIEW
46
shall cease. Under this delicate little piece of
rascality a publisher may print and copyright a
song, lay it upon the topmost shelf of the top-
The Shame of It.
Of course the most common charge made most garret of his publishing house for eighteen
against the publisher is that he withholds the months, at which time he can place the song on
royalties due to his authors and composers by the market with the comfortable knowledge that
giving them "doctored" royalty statements. As he is absolutely free from all responsibility to
EDWARD LYMAN BILL • Editor and Proprietor almost every dissatisfied author—and this class pay the author or composer one cent for his or
averages about 85 per cent, of the total commu- her labor. Another clause requires that 10 per
J. B. SPILLANE, Managing Editor
nity—is forever howling that were it not for his cent, of all copies of songs or instrumental num-
J . HAYDEN-CLARENDON, Editor
particular song his publisher would have long bers ordered from the printer shall be consid-
Published Every Saturday at 1 Madison Avenue. New York
since passed through the bankruptcy court, it is ered as printers' and lithographers' shortages,
SUBSCRIPTION, (Including postage). United States and
only reasonable, in the majority of cases at least, no royalty whatsoever being paid on them. This
Mexico. $2.00 per year; Canada, $3.50; all other coun-
tries. $4.00.
to take this charge with a grain of salt. There gives the publisher a bonus of 1,000 copies in
are other charge?, however, which assume more every 10,000 printed, or at a ratio of a 3-cent
Telephones—Numbers 4677 and 4678 Gramercy
Connecting all Departments
serious proportions when actual printed contracts royalty to the author's, $30 on eveiy $300 which
can
be produced to prove their truth—contracts, accrues to him as royalty. As a matter of curi-
NEW YORK, OCTOBER 3 1 , 1908
it may be said drawn with such rat-like cunning osity, we ask, Would any sane song writer con-
and pettifogging ingenuity, that whatever little tract with a butcher to supply him with 14%
law they may possess they have absolutely no ounces of meat to the pound?
equity to level them. The writer recently placed
The Summing Up.
the contract which a certain music publishing
The Review holds no brief for the author, as
house makes with its authors before a judge of
against the publisher, but The Review does hold
the Supreme Court in Brooklyn, who after care- a brief to defend the honest publisher against
fully perusing it, remarked: "God help the pub- attacks on his integrity which are only made
Attacks upon the integrity of the music pub- lisher who ever asks for justice in my court on possible by those of his fellows who spend their
lisher have been so frequent of late, both in such a criminal document." Harsh words truly. time thinking out schemes whereby they may get
magazines and newspapers throughout the coun- But let us get down to the actual cause of this the better of the author, or composer, who in
most cases has absolutely no business knowl-
try, that it behooves us to carefully and with- eminently judicial outburst.
edge or training. The man who resorts to end-
out prejudice, examine the charges which have
Puzzle—Find the Author!
The basis of all lav/ is, or should be, equity. less legal phraseology in his agreements is in-
been, and are frequently—too frequently indeed—
leveled at the heads of the many, for the sins A contract, therefore, to be just should at least variably the man who is desirous of concealing
of the few. It may be remembered that recently be equitable to all parties concerned. Therefore, something. A plain, straightforward contract,
the writer bitterly criticized an article which a contract which is manifestly inequitable is therefore, between two honest men needs no
appeared in Hampton's Broadway Magazine, manifestly unjust. In an agreement between pub- "Wherefores" and "Whereas's," and, moreover,
dealing with the song-writing industry, in which lisher and author we find that a song submitted it needs no "shyster" attorney or sycophant hire-
the music publisher was handled in no gentle to the publisher is contracted to be published ling to spend the working day raking out terms
manner. Fortunately, the writer of the article "as soon as practicable, or as the occasion upon which more than one construction may be
in question knew nothing of his subject. We merits." Then forsooth a publisher who in placed. Most carefully has the writer looked
say fortunately because had he the bump of in- ninety-five cases out of the hundred pays nothing into some dozen contracts readily obtained from
quiry, even normally developed, he would have for the song originally, may, to satisfy some the foremost music publishing houses in the
been able to obtain sufficient data to draw out an spite, or to prevent some rival publisher from country, most of which, be it said, are fair and
indictment against some members of the local getting a certain song, give out this farcical just. Contracts which are crooked on their face
publishing community which could not have been agreement to an unsuspecting author, and, placing are documentary evidence of the crookedness of
truthfully contradicted and which would have the newly acquired manuscript in his safe, may those who evolve them, and to these the writer
placed the music publishers of the country keep it there until Hell freezes over. What addresses this article, with the assurance that
badly on the defensive. It is, of course, a recog- court of law is going to sustain this little piece there is nothing clever in trickery, nothing su-
nized fact that every trade and profession has its of deceit? Another clause worthy of notice reads pernaturally wise in covering a dunghill with a
tarpaulin. The odor will arise anyhow. To
"shysters," and the music publishing industry is that in the event of a total sale of less than fifty
authors and composers we issue this warning:
no exception to this rule. Invariably this class copies of a song or musical conipositiofl.^ appear-
Before signing any contract whatever, get an
is cited as typically representative of the music ing on any three half-yearly royalty statements,
opinion from a reputable attorney. The first
publishing world in which countless upright, such payments—i. e., all royalties whatsoever—
honest and thoroughly reliable men are actively
engaged.
COMMENTS B Y - „
c
M«KINLtYIO MUSIC
THE MOST POPULAR. PIANO PIECES
OUR LATEST ENGLISH
BALLAD SUCCESS
"ROSE IN THE BUD"
Music by
DOROTHY FORSTER
Four Keys, B&, C, Dfr, E&
CHAPPELL & CO., Ltd.
37 West 17th Street, New York
A collection of 35 standard
piano pieces arranged and in
some instances simplified by
the famous American com-
poser and musician, George
Rosey, intended especially for
the use of second and third
year piano students, and for
the use of amateurs who wish
to have good piano music
which they can play without
any great degree of technical
ability. The contents include
a wide variety of composi-
tions and is of such a nature
as to appeal to every lover
of piano music. Regular price,
75c.
Price to the trade,
_c. per copy; 25 copies or more at 25c; 100 copies or
more at 22 %c.
Published by HINDS, NOBLE & ELDREDGE
31-35
W e s t
1 5 t h
Street,
N e w Y o r k
Costs You 3 Cents
Writi To-Oiy for Simples and Special Offer
McKINLET MUSIC GO. WH. McKINLEY, Pns.
158 l a r r i m St., Chicago
NOW
74 5th Ave., N. Y.
READY!
All the musical numbers of that charm-
ing comic opera by PIXLEY & LUDERS
Marcelle
ff
C i t y
With LOUISE GUNNING
At the Casino Theatre, New York
AMALGAMATION
" EVERY NUMBER A SUCCESS "
We beg to announce to the trade that the catalogs of the old established houses
is the unanimous opinion of press and public
T. B. HARMS CO. and FRANCIS, DAY & HUNTER
have been amalgamated and will in future be controlled by the T. B. HARMS & FRANCIS DAY CO.
We beg to thank the trade for past favors and trust to be honored with a continuance of your
esteemed support.
The new company has also established connections with the famous German firms of N. SIMROCK,
a n d BOTE & BOCK, o l B e r l i n , to carry a full line of their publications. New price list on application.
T. B. HARMS & FRANCIS DAY CO.
1431-1433 BROADWAY
NEW YORK
BE
P R E P A R E D
STOCK UP AT ONCE
M. WITMARK & SONS
NEW YORK
CHICAGO
PARIS
LONDON
THE MUSIC TRADE REVIEW
46
shall cease. Under this delicate little piece of
rascality a publisher may print and copyright a
song, lay it upon the topmost shelf of the top-
The Shame of It.
Of course the most common charge made most garret of his publishing house for eighteen
against the publisher is that he withholds the months, at which time he can place the song on
royalties due to his authors and composers by the market with the comfortable knowledge that
giving them "doctored" royalty statements. As he is absolutely free from all responsibility to
EDWARD LYMAN BILL • Editor and Proprietor almost every dissatisfied author—and this class pay the author or composer one cent for his or
averages about 85 per cent, of the total commu- her labor. Another clause requires that 10 per
J. B. SPILLANE, Managing Editor
nity—is forever howling that were it not for his cent, of all copies of songs or instrumental num-
J . HAYDEN-CLARENDON, Editor
particular song his publisher would have long bers ordered from the printer shall be consid-
Published Every Saturday at 1 Madison Avenue. New York
since passed through the bankruptcy court, it is ered as printers' and lithographers' shortages,
SUBSCRIPTION, (Including postage). United States and
only reasonable, in the majority of cases at least, no royalty whatsoever being paid on them. This
Mexico. $2.00 per year; Canada, $3.50; all other coun-
tries. $4.00.
to take this charge with a grain of salt. There gives the publisher a bonus of 1,000 copies in
are other charge?, however, which assume more every 10,000 printed, or at a ratio of a 3-cent
Telephones—Numbers 4677 and 4678 Gramercy
Connecting all Departments
serious proportions when actual printed contracts royalty to the author's, $30 on eveiy $300 which
can
be produced to prove their truth—contracts, accrues to him as royalty. As a matter of curi-
NEW YORK, OCTOBER 3 1 , 1908
it may be said drawn with such rat-like cunning osity, we ask, Would any sane song writer con-
and pettifogging ingenuity, that whatever little tract with a butcher to supply him with 14%
law they may possess they have absolutely no ounces of meat to the pound?
equity to level them. The writer recently placed
The Summing Up.
the contract which a certain music publishing
The Review holds no brief for the author, as
house makes with its authors before a judge of
against the publisher, but The Review does hold
the Supreme Court in Brooklyn, who after care- a brief to defend the honest publisher against
fully perusing it, remarked: "God help the pub- attacks on his integrity which are only made
Attacks upon the integrity of the music pub- lisher who ever asks for justice in my court on possible by those of his fellows who spend their
lisher have been so frequent of late, both in such a criminal document." Harsh words truly. time thinking out schemes whereby they may get
magazines and newspapers throughout the coun- But let us get down to the actual cause of this the better of the author, or composer, who in
most cases has absolutely no business knowl-
try, that it behooves us to carefully and with- eminently judicial outburst.
edge or training. The man who resorts to end-
out prejudice, examine the charges which have
Puzzle—Find the Author!
The basis of all lav/ is, or should be, equity. less legal phraseology in his agreements is in-
been, and are frequently—too frequently indeed—
leveled at the heads of the many, for the sins A contract, therefore, to be just should at least variably the man who is desirous of concealing
of the few. It may be remembered that recently be equitable to all parties concerned. Therefore, something. A plain, straightforward contract,
the writer bitterly criticized an article which a contract which is manifestly inequitable is therefore, between two honest men needs no
appeared in Hampton's Broadway Magazine, manifestly unjust. In an agreement between pub- "Wherefores" and "Whereas's," and, moreover,
dealing with the song-writing industry, in which lisher and author we find that a song submitted it needs no "shyster" attorney or sycophant hire-
the music publisher was handled in no gentle to the publisher is contracted to be published ling to spend the working day raking out terms
manner. Fortunately, the writer of the article "as soon as practicable, or as the occasion upon which more than one construction may be
in question knew nothing of his subject. We merits." Then forsooth a publisher who in placed. Most carefully has the writer looked
say fortunately because had he the bump of in- ninety-five cases out of the hundred pays nothing into some dozen contracts readily obtained from
quiry, even normally developed, he would have for the song originally, may, to satisfy some the foremost music publishing houses in the
been able to obtain sufficient data to draw out an spite, or to prevent some rival publisher from country, most of which, be it said, are fair and
indictment against some members of the local getting a certain song, give out this farcical just. Contracts which are crooked on their face
publishing community which could not have been agreement to an unsuspecting author, and, placing are documentary evidence of the crookedness of
truthfully contradicted and which would have the newly acquired manuscript in his safe, may those who evolve them, and to these the writer
placed the music publishers of the country keep it there until Hell freezes over. What addresses this article, with the assurance that
badly on the defensive. It is, of course, a recog- court of law is going to sustain this little piece there is nothing clever in trickery, nothing su-
nized fact that every trade and profession has its of deceit? Another clause worthy of notice reads pernaturally wise in covering a dunghill with a
tarpaulin. The odor will arise anyhow. To
"shysters," and the music publishing industry is that in the event of a total sale of less than fifty
authors and composers we issue this warning:
no exception to this rule. Invariably this class copies of a song or musical conipositiofl.^ appear-
Before signing any contract whatever, get an
is cited as typically representative of the music ing on any three half-yearly royalty statements,
opinion from a reputable attorney. The first
publishing world in which countless upright, such payments—i. e., all royalties whatsoever—
honest and thoroughly reliable men are actively
engaged.
COMMENTS B Y - „
c
M«KINLtYIO MUSIC
THE MOST POPULAR. PIANO PIECES
OUR LATEST ENGLISH
BALLAD SUCCESS
"ROSE IN THE BUD"
Music by
DOROTHY FORSTER
Four Keys, B&, C, Dfr, E&
CHAPPELL & CO., Ltd.
37 West 17th Street, New York
A collection of 35 standard
piano pieces arranged and in
some instances simplified by
the famous American com-
poser and musician, George
Rosey, intended especially for
the use of second and third
year piano students, and for
the use of amateurs who wish
to have good piano music
which they can play without
any great degree of technical
ability. The contents include
a wide variety of composi-
tions and is of such a nature
as to appeal to every lover
of piano music. Regular price,
75c.
Price to the trade,
_c. per copy; 25 copies or more at 25c; 100 copies or
more at 22 %c.
Published by HINDS, NOBLE & ELDREDGE
31-35
W e s t
1 5 t h
Street,
N e w Y o r k
Costs You 3 Cents
Writi To-Oiy for Simples and Special Offer
McKINLET MUSIC GO. WH. McKINLEY, Pns.
158 l a r r i m St., Chicago
NOW
74 5th Ave., N. Y.
READY!
All the musical numbers of that charm-
ing comic opera by PIXLEY & LUDERS
Marcelle
ff
C i t y
With LOUISE GUNNING
At the Casino Theatre, New York
AMALGAMATION
" EVERY NUMBER A SUCCESS "
We beg to announce to the trade that the catalogs of the old established houses
is the unanimous opinion of press and public
T. B. HARMS CO. and FRANCIS, DAY & HUNTER
have been amalgamated and will in future be controlled by the T. B. HARMS & FRANCIS DAY CO.
We beg to thank the trade for past favors and trust to be honored with a continuance of your
esteemed support.
The new company has also established connections with the famous German firms of N. SIMROCK,
a n d BOTE & BOCK, o l B e r l i n , to carry a full line of their publications. New price list on application.
T. B. HARMS & FRANCIS DAY CO.
1431-1433 BROADWAY
NEW YORK
BE
P R E P A R E D
STOCK UP AT ONCE
M. WITMARK & SONS
NEW YORK
CHICAGO
PARIS
LONDON
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