Music Trade Review
Issue: 1910 Vol. 50 N. 1 - Page 49
Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
THE MUSIC TRADE
About 50,000 keys have been given away already
to the audiences at the Morris theaters, and i t
is said that none has been found to have been
thrown away. It is reported that 100,000 keys
will be given away in this manner, and as they
cost four-fifths of a cent each the total expense
will be $800, exclusive of the cards. The songs
which Mr. Lashwood sings are published by T.
B. Harms and Francis, Day & Hunter.
MIMIC CANNOT USE SONG.
Preliminary Injunction Issued Restraining
Singer from Using Restricted Feist Publica-
tion—Important Precedent May be Estab-
lished.
The first legal action under the new copyright
law in the matter of alleged infringement
through imitation has recently been decided, for
the time being, in favor of the plaintiffs. The
United States Circuit Court, in this city, grant-
ed a temporary injunction asked for by Irene
Franklin (Green), the singer; Leo Feist, the
publisher, and others against Edna Luby, the
mimic. Miss Luby is enjoined from singing in
public "I'm A-Bringing Up the Family" until
the pending action has been finally decided. Miss
Luby used the song in imitation of Miss Frank-
lin. The plaintiffs set forth that the song was
written as part of a copyrighted sketch entitled
"The Queen of Vaudeville." The injunction, if
made permanent, will be far reaching, and the
precedent will protect singers throughout the
country. It will also protect music publishers,
although it is doubted if they are so anxious to
be "protected" from the widespread use of their
publications as are the singers. The comments
on the case made by Judge Noyes are of interest
to music publishers and the trade in general:
"The question is one of infringement," said
Judge Noyes. "The defendant admits that she
sings the copyrighted song with a musical ac-
SUPREME
IN ITS FIELD!!!
Dealers are satisfied with Century
Edition Ten Cent Sheet Music,
because the sales tell the story of
the high esteem in which it is
held by those who buy it.
The Best—Because It I s !
Century Music Pub. Co., '' 7N8 «?TotZ
CENTURY EDITION
LATEST HITS FROM
The House off Christopher
11
C-H-l-C-A-G-O."
"Do You? Don't You? Will You? Won't You?"
" Sometime, Sweetheart Mine, Somewhere."
"WAY OUT IN UTAH."
"Mary Jane, She's Got Another Sister."
"Airy Fairy Castle Land."
"OH! YOU TEASE."
THE HOUSE OF CHRISTOPHER
1 5 2 - 1 5 8 Lake Street, Chloago
REVIEW
companiment, but she says that she does so
merely to mimic the complainant, Irene Frank-
lin. The mimicry is said to be the important
thing; the particular song the mere incident.
But I am not satisfied that, in order to imitate
a singer, it is necessary to sing the whole of
the copyrighted song. If a whole song is re-
quired it is not too much to say that the
imitator should select for impersonation a singer
singing something else than a copyrighted song.
"Regarding the song as a musical composition
the complainants have the exclusive right to
publicly perform It. Subdivision E of section
5 of the copyright law gives the exclusive right
'to perform the copyrighted work publicly for
profit, if it be a musical composition.' It is not
disputed that the complainant Green has the
right to produce the song under the song copy-
right issued to the complainant Feist. The song
in question—a number of the sketch—was copy-
righted by the complainant Feist as a musical
composition before the copyright of the sketch,
and I do not understand that any question is
raised as to the validity of such copyright."
THEREVIEWflEARS
THAT "A Happy New Year" will come only to
those music publishers and dealers who are
abreast with 1910 Jn business methods.
THAT the, year just past proved the folly of
discords in the office as much as has always
been the case with the office productions.
THAT "many returns of the day" is neverthe-
less the wish of The Review for everyone, big
and little, in all departments of the business.
THAT a new song was sung a t the year-end
meeting of the Knockers' Club, viz., "I'm Afraid
He's Made a Hit."
THAT Chas. K. Harris has changed his plans
for his European trip, postponing the start until
May. He will be gone three months.
THAT his new offices, at Seventh avenue and
Forty-seventh street, to be occupied in a week
or two, are officially at Broadway and Forty-
seventh street.
THAT "Tillie's Nightmare" proves to have
been quite an agreeable and musical dream,
after all.
THAT the singing of "Those Wedding Bells
Shall Not Ring Out," by Imogene Comer at
Hammersttin's last Sunday, made many think
that "those were the happy days" a decade or
more ago.
THAT Carl Laemmle, head of the Music House
of Laemmle, is the defendant in a suit brought
in the United States Court in this city, but that
it is of the harmless variety, having to do with
moving picture films and not his publishing busi-
ness.
THAT the phonograph companies are at last
being heard from in the matter of making rec-
ords of songs published since July 1, last.
THAT one or two of the larger publishers are
finding it more difficult than formerly to have
really satisfactory slides made for their songs.
THAT the winning song of the "amateur"
writers' contest recently held at the Plaza Music
Hall has been published in this city.
THAT an attempt now being made to revive
the demand for "Silver Threads Among the
Gold," which everyone knows to be fully a
year old, causes query as to how soon we shall
CANNON BALL RAG
Is making more noise than any
other rag ever published. It is
hard.
CHERRYLEAF RAG
is also selling fine.
It is easy.
VICTOR KREMER CO.
CHICAGO
152 LAKE STREtT
hear from "White Wings," "I Don't Want to
Play in Your Yard" or "Sweet Marie," not to
mention "Those Endearing Young Charms."
THAT, although professional copies are bein^
distributed according to custom and illustrated
slides have been made for singers, the song
bears the notice, "Public performing rights posi-
tively restricted and reserved exclusively for
Mile. La Titoomb."
THAT "The Goddess of Liberty" stands as the
musical beacon on Broadway, which, like the
noble statue holding aloft and so on, od libitum.
THAT coincident with the entrance of the new
year is the birth of an addition to the Gus Ed-
wards family, heralded by him as bound to grow
more popular than "Sunbonnet Sue," although
she's only "A Poor Little Girl."
THAT Jack Mahoney, lyric writer with the
Theodore Morse Publishing Co., has written a
book called "A Quiet Evening at Home," which,
notwithstanding its name, contains some bright
sayings and parodies.
THAT the building occupied by J. H. Remick
& Co. in West Forty-first street has already been
outgrown by the New York branch of the busi-
ness, and is, accordingly, being remodeled so as
to afford more space.
(Greeting!
"Do, re, me, fa, so,"
Nineteen Nine had to go!
But it leaves you still a song
Of joy for 1910, you know;
So sing on, "do, re, me, fa, so,"
And take life easy as you go!
NEW YORK
LEO FEIST.
T. B. Harms & Francis, Day
& Hunter
HARRY LAUDER'S
SONG HITS
Successful Sonsrs in
•KITTY GREY," "FLUFFY RUFFLES'
"GIRLS OF GOTTENBERG." Ac.
Eastern Representatives ol
Clayton S u m m y Publication!
Complete Stock of fiote & Bock
and N. Slmrock of Berlin
1431 BROADWAY, NEW YORK
Thompson's Late Hits
"There's Something Fascin-
ating About the Moon"
"June, July, and August"
"Are You Lonesome?"
" Black Eyes "
and a lot of others.
Ask your Jobber for them
NEW YORK
THE THOMPSON MUSIC CO.
1367 BROADWAY
3 4 6 Wabaah Avonue, CHICAGO
22579 K
THE MUSIC TRADE
About 50,000 keys have been given away already
to the audiences at the Morris theaters, and i t
is said that none has been found to have been
thrown away. It is reported that 100,000 keys
will be given away in this manner, and as they
cost four-fifths of a cent each the total expense
will be $800, exclusive of the cards. The songs
which Mr. Lashwood sings are published by T.
B. Harms and Francis, Day & Hunter.
MIMIC CANNOT USE SONG.
Preliminary Injunction Issued Restraining
Singer from Using Restricted Feist Publica-
tion—Important Precedent May be Estab-
lished.
The first legal action under the new copyright
law in the matter of alleged infringement
through imitation has recently been decided, for
the time being, in favor of the plaintiffs. The
United States Circuit Court, in this city, grant-
ed a temporary injunction asked for by Irene
Franklin (Green), the singer; Leo Feist, the
publisher, and others against Edna Luby, the
mimic. Miss Luby is enjoined from singing in
public "I'm A-Bringing Up the Family" until
the pending action has been finally decided. Miss
Luby used the song in imitation of Miss Frank-
lin. The plaintiffs set forth that the song was
written as part of a copyrighted sketch entitled
"The Queen of Vaudeville." The injunction, if
made permanent, will be far reaching, and the
precedent will protect singers throughout the
country. It will also protect music publishers,
although it is doubted if they are so anxious to
be "protected" from the widespread use of their
publications as are the singers. The comments
on the case made by Judge Noyes are of interest
to music publishers and the trade in general:
"The question is one of infringement," said
Judge Noyes. "The defendant admits that she
sings the copyrighted song with a musical ac-
SUPREME
IN ITS FIELD!!!
Dealers are satisfied with Century
Edition Ten Cent Sheet Music,
because the sales tell the story of
the high esteem in which it is
held by those who buy it.
The Best—Because It I s !
Century Music Pub. Co., '' 7N8 «?TotZ
CENTURY EDITION
LATEST HITS FROM
The House off Christopher
11
C-H-l-C-A-G-O."
"Do You? Don't You? Will You? Won't You?"
" Sometime, Sweetheart Mine, Somewhere."
"WAY OUT IN UTAH."
"Mary Jane, She's Got Another Sister."
"Airy Fairy Castle Land."
"OH! YOU TEASE."
THE HOUSE OF CHRISTOPHER
1 5 2 - 1 5 8 Lake Street, Chloago
REVIEW
companiment, but she says that she does so
merely to mimic the complainant, Irene Frank-
lin. The mimicry is said to be the important
thing; the particular song the mere incident.
But I am not satisfied that, in order to imitate
a singer, it is necessary to sing the whole of
the copyrighted song. If a whole song is re-
quired it is not too much to say that the
imitator should select for impersonation a singer
singing something else than a copyrighted song.
"Regarding the song as a musical composition
the complainants have the exclusive right to
publicly perform It. Subdivision E of section
5 of the copyright law gives the exclusive right
'to perform the copyrighted work publicly for
profit, if it be a musical composition.' It is not
disputed that the complainant Green has the
right to produce the song under the song copy-
right issued to the complainant Feist. The song
in question—a number of the sketch—was copy-
righted by the complainant Feist as a musical
composition before the copyright of the sketch,
and I do not understand that any question is
raised as to the validity of such copyright."
THEREVIEWflEARS
THAT "A Happy New Year" will come only to
those music publishers and dealers who are
abreast with 1910 Jn business methods.
THAT the, year just past proved the folly of
discords in the office as much as has always
been the case with the office productions.
THAT "many returns of the day" is neverthe-
less the wish of The Review for everyone, big
and little, in all departments of the business.
THAT a new song was sung a t the year-end
meeting of the Knockers' Club, viz., "I'm Afraid
He's Made a Hit."
THAT Chas. K. Harris has changed his plans
for his European trip, postponing the start until
May. He will be gone three months.
THAT his new offices, at Seventh avenue and
Forty-seventh street, to be occupied in a week
or two, are officially at Broadway and Forty-
seventh street.
THAT "Tillie's Nightmare" proves to have
been quite an agreeable and musical dream,
after all.
THAT the singing of "Those Wedding Bells
Shall Not Ring Out," by Imogene Comer at
Hammersttin's last Sunday, made many think
that "those were the happy days" a decade or
more ago.
THAT Carl Laemmle, head of the Music House
of Laemmle, is the defendant in a suit brought
in the United States Court in this city, but that
it is of the harmless variety, having to do with
moving picture films and not his publishing busi-
ness.
THAT the phonograph companies are at last
being heard from in the matter of making rec-
ords of songs published since July 1, last.
THAT one or two of the larger publishers are
finding it more difficult than formerly to have
really satisfactory slides made for their songs.
THAT the winning song of the "amateur"
writers' contest recently held at the Plaza Music
Hall has been published in this city.
THAT an attempt now being made to revive
the demand for "Silver Threads Among the
Gold," which everyone knows to be fully a
year old, causes query as to how soon we shall
CANNON BALL RAG
Is making more noise than any
other rag ever published. It is
hard.
CHERRYLEAF RAG
is also selling fine.
It is easy.
VICTOR KREMER CO.
CHICAGO
152 LAKE STREtT
hear from "White Wings," "I Don't Want to
Play in Your Yard" or "Sweet Marie," not to
mention "Those Endearing Young Charms."
THAT, although professional copies are bein^
distributed according to custom and illustrated
slides have been made for singers, the song
bears the notice, "Public performing rights posi-
tively restricted and reserved exclusively for
Mile. La Titoomb."
THAT "The Goddess of Liberty" stands as the
musical beacon on Broadway, which, like the
noble statue holding aloft and so on, od libitum.
THAT coincident with the entrance of the new
year is the birth of an addition to the Gus Ed-
wards family, heralded by him as bound to grow
more popular than "Sunbonnet Sue," although
she's only "A Poor Little Girl."
THAT Jack Mahoney, lyric writer with the
Theodore Morse Publishing Co., has written a
book called "A Quiet Evening at Home," which,
notwithstanding its name, contains some bright
sayings and parodies.
THAT the building occupied by J. H. Remick
& Co. in West Forty-first street has already been
outgrown by the New York branch of the busi-
ness, and is, accordingly, being remodeled so as
to afford more space.
(Greeting!
"Do, re, me, fa, so,"
Nineteen Nine had to go!
But it leaves you still a song
Of joy for 1910, you know;
So sing on, "do, re, me, fa, so,"
And take life easy as you go!
NEW YORK
LEO FEIST.
T. B. Harms & Francis, Day
& Hunter
HARRY LAUDER'S
SONG HITS
Successful Sonsrs in
•KITTY GREY," "FLUFFY RUFFLES'
"GIRLS OF GOTTENBERG." Ac.
Eastern Representatives ol
Clayton S u m m y Publication!
Complete Stock of fiote & Bock
and N. Slmrock of Berlin
1431 BROADWAY, NEW YORK
Thompson's Late Hits
"There's Something Fascin-
ating About the Moon"
"June, July, and August"
"Are You Lonesome?"
" Black Eyes "
and a lot of others.
Ask your Jobber for them
NEW YORK
THE THOMPSON MUSIC CO.
1367 BROADWAY
3 4 6 Wabaah Avonue, CHICAGO
22579 K
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