Music Trade Review
Issue: 1908 Vol. 47 N. 4 - Page 41
Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
VOL. XLVII. No. 4 . Published Every Saturday by Edward Lyman Bill at 1 Madison Avc, New York, July 25, 1908*
tinct revival of business in the coming fall."
A local publisher decided to put some 10-cent
music with one of the department stores. He
Busy Week in Professional Departments—Gib-
found that they would place it for him on receipt
son Joins Goetting Forces—What the De-
of $15 to pay for advertising and 5 cents a copy
partment Store Wants—Other News in Pub-
on each number sold.
lishing Circles.
The music of "The Flower of the Ranch" and
(Special to The Review.)
"A Stubborn Cinderella" (Harris) is having a re-
Chicago, 111., July 18, 1908.
markable local sale, as is "The Top o' th' World"
The past week has been a busy one for the (Witmark). The two conspicuous hits of the
professional departments of the local publishing latter production are "Why Don't You?" and
houses, the city being literally full of vaude- "Busy Mr. Bee."
villeans and others arranging for their coming
S. G. Kresling, of Brooklyn, was a. .Chicago
season's work. That they were much in evi- visitor this week on his way to the coast.
dence is shown in the language of one of the
"Bill" Jacobs, the genial representative of
well-known professional men: "I'll bet that we Josepn Morris & Co., accompanied by his bride,
have had every artist on the Orpheum circuit a Kansas girl, were in Chicago this week.
here this week."
"Play Ball," published by the Modern Music
The publishers are preparing for, and looking Publishers, is proving itself a winner with the
forward to, a good fall trade, and everybody fans, and is being used in vaudeville acts all
seems to be doing their share to bring about that over the country.
condition. In the logic of the McKinley Co.,
Victor Kremer expects soon to make extensive
"Boost a Bit."
alterations and improvements in his offices in the
Mr. Hatch, of the Hatch Music Co., of Phila- Marine building.
delphia, was a Chicago visitor this week, on his
way West.
IMPORTANT COPYRIGHT SUIT.
The House of Goetting added another traveler
to its already large force last Monday, in the Bearing on Infringement by Means of Per-
person of G. M. Gibson, who will cover southern
forated Music Rolls Just Decided in London
territory. Although out for so short a time, the
—Ruling Against Chappell & Co. But the
company are in receipt of some nice orders from
Presiding Magistrate Says He Will Not be
Mr. Gibson. R. D. Fuchs, the western manager
Sorry if It Is Reversed on Appeal.
of the company, returned about a week ago
from Denver and the West. Mr. Fuchs looks
At Bow Street Police Court, London, last week,
for a good fall business, as stocks are beginning Sir Albert DeRutzen, the presiding magistrate,
to get low with the dealers. "Prospects for gave his considered decision in a most important
crops are good," remarked Mr. Fuchs, "and copyright case, the initial proceedings of which
everything in the West, including the re-employ- were fully reported on page 10 of The Review
ment of men, tends to improve the situation. I of July 11.
found stocks somewhat low with the dealers, and
James Connor, a peddler, was summoned for
altogether I think we will have a dis- offering for sale a pirated copy of a musical
CHICAGO'S BUDGET OF NEWS.
A MOST ATTRACTIVE SHOWCASE WORTHY OF STUDY. No. 4
SINGLE COPIES, 10 CENTS.
$2.00 PER YEAR.
work, namely, a perforated music-roll, being the
pianoforte accompaniment of a song called "The
Bandolero" by Leslie Stuart. R. D. Muir (in-
structed by Percy H. Becher) appeared on be-
half of Messrs. Chappell & Co. in support of the
summons, and Mr. Scrutton, K.C., representing
the Orchestrelle Co., defended. It will be re-
membered that this was a test case brought for
the purpose of deciding the rights of composers
and owners of copyright in relation to mechan-
ical devices for the reproduction of music. A
similar summons against the defendant in re-
spect of a talking machine disc was not gone
into.
The magistrate said it was held by the Court
of Appeal in the case of Boosey vs. Wright in
1900 that ia perforated roll was not a copy of
sheet music within the Copyright Act of 1842.
Since then two new acts dealing with musical
copyright had been passed, and it was contended
on the part of the prosecution that the law was
thereby altered with regard to perforated rolls.
He (the magistrate) had, however, come to the
conclusion that there was nothing in the two
later acts to lead him to suppose that the Legis-
lature intended the words "written or printed
copy of a musical work" to apply to perforated
rolls. The summons would therefore be dis-
missed, but without costs.
Mr. Muir asked for a case to be stated, and
Sir Albert, in readily agreeing to do so, said he
should not be a t all sorry if his decision was
held to be wrong.
PUBLISHERSJRETURNING.
Messrs. Day and Dreyfus Return This Week.
Fred Day, New York manager of the publish-
ing house of Francis, Day & Hunter, and Max
Dreyfus, of the T. B. Harms Co., returned from
Europe yesterday on the White Star liner Celtic.
Both Mr. Day and Mr. Dreyfus, who have been
abroad for some three months, have been con-
stant traveling companions, the former complet-
ing some arrangements while abroad which will
affect both firms beneficially. In answer to our
"Man on the Street," Mr. Day confirmed the re-
port that he had signed contracts with the well-
known Berlin publishing houses of Bote & Bock
and Simrock & Co., by which the two firms of
Francis, Day & Hunter and T. B. Harms & Co.
will jointly represent them in this country. It
is within the bounds of possibility that a new
German opera, published by Bote & Bock, will
be produced by Oscar Hammerstein during the
'next operatic season. The Harms-Francis, Day
combination will, of course, have the American
publishing rights. An extended interview with
Mr. Day will appear in our next issue.
VICTOR HERBERT'S NEW OPERA.
The above show-case, the fourth of a series of
attractive window displays, published through
the courtesy of Leo Feist, the well-known music
publisher, shows how easily and inexpensively a
small space can be utilized as the magnet to
catch the prospective customer, in sheet music.
The directions for laying out this attractive
miniature display follow: Crepe paper with red
and white stripes and blue field with stars is
stretched across the back of case. Several small
flags are also used as shown in the photograph.
Its simplicity and effectiveness should appeal.
Rehearsals of "Algeria," the new musical com-
edy of Victor Herbert and Glen MacDonough,
began on Monday morning at the Broadway
Theater under the direction of George Marion.
The piece will open at Atlantic City on Aug. 24
and will be seen in New York at the Broadway
Theatre Aug. 31. The music will be published
by Chas. K. Harris.
VOL. XLVII. No. 4 . Published Every Saturday by Edward Lyman Bill at 1 Madison Avc, New York, July 25, 1908*
tinct revival of business in the coming fall."
A local publisher decided to put some 10-cent
music with one of the department stores. He
Busy Week in Professional Departments—Gib-
found that they would place it for him on receipt
son Joins Goetting Forces—What the De-
of $15 to pay for advertising and 5 cents a copy
partment Store Wants—Other News in Pub-
on each number sold.
lishing Circles.
The music of "The Flower of the Ranch" and
(Special to The Review.)
"A Stubborn Cinderella" (Harris) is having a re-
Chicago, 111., July 18, 1908.
markable local sale, as is "The Top o' th' World"
The past week has been a busy one for the (Witmark). The two conspicuous hits of the
professional departments of the local publishing latter production are "Why Don't You?" and
houses, the city being literally full of vaude- "Busy Mr. Bee."
villeans and others arranging for their coming
S. G. Kresling, of Brooklyn, was a. .Chicago
season's work. That they were much in evi- visitor this week on his way to the coast.
dence is shown in the language of one of the
"Bill" Jacobs, the genial representative of
well-known professional men: "I'll bet that we Josepn Morris & Co., accompanied by his bride,
have had every artist on the Orpheum circuit a Kansas girl, were in Chicago this week.
here this week."
"Play Ball," published by the Modern Music
The publishers are preparing for, and looking Publishers, is proving itself a winner with the
forward to, a good fall trade, and everybody fans, and is being used in vaudeville acts all
seems to be doing their share to bring about that over the country.
condition. In the logic of the McKinley Co.,
Victor Kremer expects soon to make extensive
"Boost a Bit."
alterations and improvements in his offices in the
Mr. Hatch, of the Hatch Music Co., of Phila- Marine building.
delphia, was a Chicago visitor this week, on his
way West.
IMPORTANT COPYRIGHT SUIT.
The House of Goetting added another traveler
to its already large force last Monday, in the Bearing on Infringement by Means of Per-
person of G. M. Gibson, who will cover southern
forated Music Rolls Just Decided in London
territory. Although out for so short a time, the
—Ruling Against Chappell & Co. But the
company are in receipt of some nice orders from
Presiding Magistrate Says He Will Not be
Mr. Gibson. R. D. Fuchs, the western manager
Sorry if It Is Reversed on Appeal.
of the company, returned about a week ago
from Denver and the West. Mr. Fuchs looks
At Bow Street Police Court, London, last week,
for a good fall business, as stocks are beginning Sir Albert DeRutzen, the presiding magistrate,
to get low with the dealers. "Prospects for gave his considered decision in a most important
crops are good," remarked Mr. Fuchs, "and copyright case, the initial proceedings of which
everything in the West, including the re-employ- were fully reported on page 10 of The Review
ment of men, tends to improve the situation. I of July 11.
found stocks somewhat low with the dealers, and
James Connor, a peddler, was summoned for
altogether I think we will have a dis- offering for sale a pirated copy of a musical
CHICAGO'S BUDGET OF NEWS.
A MOST ATTRACTIVE SHOWCASE WORTHY OF STUDY. No. 4
SINGLE COPIES, 10 CENTS.
$2.00 PER YEAR.
work, namely, a perforated music-roll, being the
pianoforte accompaniment of a song called "The
Bandolero" by Leslie Stuart. R. D. Muir (in-
structed by Percy H. Becher) appeared on be-
half of Messrs. Chappell & Co. in support of the
summons, and Mr. Scrutton, K.C., representing
the Orchestrelle Co., defended. It will be re-
membered that this was a test case brought for
the purpose of deciding the rights of composers
and owners of copyright in relation to mechan-
ical devices for the reproduction of music. A
similar summons against the defendant in re-
spect of a talking machine disc was not gone
into.
The magistrate said it was held by the Court
of Appeal in the case of Boosey vs. Wright in
1900 that ia perforated roll was not a copy of
sheet music within the Copyright Act of 1842.
Since then two new acts dealing with musical
copyright had been passed, and it was contended
on the part of the prosecution that the law was
thereby altered with regard to perforated rolls.
He (the magistrate) had, however, come to the
conclusion that there was nothing in the two
later acts to lead him to suppose that the Legis-
lature intended the words "written or printed
copy of a musical work" to apply to perforated
rolls. The summons would therefore be dis-
missed, but without costs.
Mr. Muir asked for a case to be stated, and
Sir Albert, in readily agreeing to do so, said he
should not be a t all sorry if his decision was
held to be wrong.
PUBLISHERSJRETURNING.
Messrs. Day and Dreyfus Return This Week.
Fred Day, New York manager of the publish-
ing house of Francis, Day & Hunter, and Max
Dreyfus, of the T. B. Harms Co., returned from
Europe yesterday on the White Star liner Celtic.
Both Mr. Day and Mr. Dreyfus, who have been
abroad for some three months, have been con-
stant traveling companions, the former complet-
ing some arrangements while abroad which will
affect both firms beneficially. In answer to our
"Man on the Street," Mr. Day confirmed the re-
port that he had signed contracts with the well-
known Berlin publishing houses of Bote & Bock
and Simrock & Co., by which the two firms of
Francis, Day & Hunter and T. B. Harms & Co.
will jointly represent them in this country. It
is within the bounds of possibility that a new
German opera, published by Bote & Bock, will
be produced by Oscar Hammerstein during the
'next operatic season. The Harms-Francis, Day
combination will, of course, have the American
publishing rights. An extended interview with
Mr. Day will appear in our next issue.
VICTOR HERBERT'S NEW OPERA.
The above show-case, the fourth of a series of
attractive window displays, published through
the courtesy of Leo Feist, the well-known music
publisher, shows how easily and inexpensively a
small space can be utilized as the magnet to
catch the prospective customer, in sheet music.
The directions for laying out this attractive
miniature display follow: Crepe paper with red
and white stripes and blue field with stars is
stretched across the back of case. Several small
flags are also used as shown in the photograph.
Its simplicity and effectiveness should appeal.
Rehearsals of "Algeria," the new musical com-
edy of Victor Herbert and Glen MacDonough,
began on Monday morning at the Broadway
Theater under the direction of George Marion.
The piece will open at Atlantic City on Aug. 24
and will be seen in New York at the Broadway
Theatre Aug. 31. The music will be published
by Chas. K. Harris.
Future scanning projects are planned by the International Arcade Museum Library (IAML).