Music Trade Review
Issue: 1910 Vol. 50 N. 25 - Page 49
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THE MUSIC TRADE REVIEW
BURKAN ON THE COPYRIGHT LAW.
{Continued from page 47.)
copyright as were expressly conferred upon him.
All the rights usually incidental to the owner-
ship of a copyright do not follow.
"Singing an entire copyrighted song, even
though for the purpose of imitation or mimicry,
is an infringement of the coypright. I am of
the opinion, however, that the singing of a
chorus or a verse of a song for the purpose of
imitation in good faith is permissive upon the
theory of fair use. The good faith of such
mimicry is an essential element.
"On the question whether a title of a work
is protected under the copyright law the prin-
ciple has now been firmly established that the
owner of a copyright will be protected in the
title under the copyright where there is an in-
fringement in whole or in part of the work which
is the subject of the copyright. The title alone
may be protected upon the principles upon which
trade names and trade-marks are protected by
the courts.
As to English Copyrights.
"A question that deserves much more atten-
tion than it has received is that of the right of
American authors to acquire English copyright
when not resident within British dominions.
The right of Americans to English copyright is
open to much doubt. British writers apparently
realize that this uncertainty of the rights of
Americans under the British copyright laws in-
volves a serious danger to the rights which
English subjects are now enjoying under the
United States law.
"The fact remains that it is not possible at
present to give a positive answer to the question
whether British copyright can be acquired for
the work of an American author while he re-
mains without the British dominions."
MAURICE SHAPIRO ON THE WARPATH.
L. L. Withers is a new piano dealer at 308
Elm street, Dallas, Tex.
GET RIGHTS TO NEW PRODUCTION.
EDITORIAL
The following epigrammatic edi-
torial appeared in one of our
great weeklies:
"The high cost of living is
coming down. Beethoven's
Sonatas, in excellent edition,
now can be bought for ten
cents a copy."
Music Publisher Plans Steps to Obtain Back
Royalties Alleged to be Due on "Yip-i-Addy"
and Threatens to Order Another Search Made
for Copies of a Song Which He Declares to
Have Been "Pirated."
Royalties on something like half a million
copies of "Yip-I-Addy-l-Ay," sold in England
since that number was published, are now
sought by Maurice Shapiro, who published the
song and obtained copyrights on it abroad. Will-
iam Grossman, of the law firm of House, Gross-
man & Vorhaus, left for London early this week,
and it is through him that Mr. Shapiro hopes to
get an accounting of the sales of the song. Mr.
Grossman has been instructed to institute pro-
ceedings against a theatrical manager and a
music publishing firm. Mr. Grossman, as attor-
ney for Shapiro, will assert in the English
courts that these two have sold "Yip-I-Addy"
without returning royalties to him. Mr. Shapiro
says that remittances from the Continent, where
the song was a big seller, have been received
regularly by him. The song was introduced to
London by Alice Lloyd.
On the further course of the warpath Mr. Sha-
piro is contemplating ordering a search to be
made of the offices of a New York music pub-
lisher for copies of a song which he declares to
be a pirated version of "Ragtimeland," which
was sung in "Dick Whittington." The search
would be made, of course, on a writ of seizure,
such as Shapiro recently obtained against a local
music publisher with the result that more than
a thousand copies of a song alleged to be an in-
fringement on "When Rosalie Sings Chiribiri,"
were seized, only to be ordered returned later,
as told elsewhere in this issue.
M. Witmark & Sons Will Publish Music of
"The Girl in the Train," a Recent Success.
CENTURY MUSIC PUBLISHING CO.
1 178 BROADWAY, NEW YORK
INTERPOLATIONS IN NEW "FOLLIES."
Interpolated songs have been given consider-
able importance in the production of "Follies of
1910," which has been running at Atlantic City
this week, and which is scheduled to 'have its
New York opening next Monday night. The
score itself has received much commendation
for its tuneful numbers. It is published by
Jerome H. Remick & Co. Of the interpolations,
several songs published by the Harry von Tilzer
Music Publishing Co. are the most conspicuous.
Among these are "The Yodeling Rag," sung by
McMasters and Tyson; "That's Genuine, First-
class Yiddisha Love," sung by Bobby North; "I
Will Be Your Chantecler," sung by Lillian Lo-
raine; "Kitty Rooney," sung by Lillian Loraine,
and "The Pensacola Mooch." That two or three
decided popular hits will develop from among
these seems a foregone conclusion in view of
the reception that has been accorded them prior
to the New York opening.
F. E. BELCHER ON LONG AUTO TRIP.
F. E. Belcher, general Eastern manager of
Jerome H. Remick & Co., has been out of town
this week taking part of his vacation. At last
reports he was making an automobile trip from
Buffalo to Boston. Mr. Belcher has been an
enthusiastic automobilist for several years. Will-
iam Phillips, manager of the Eastern retail stores
of Remick & Co., was among a number of rep-
resentatives of New York music publishers who
went to Atlantic City last Monday for the open-
ing of "Follies of 1910."
M. Witmark & Sons have secured the exclusive
rights to publish the music of "The Girl in the
Train," a new musical comedy. The rights were
obtained through Hans Bartsch, and, as the piece
was recently produced in London by George
Edwardes with overwhelming success, the Wit-
marks are naturally pleased with the result of
the deal. Charles Dillingham will produce the
comedy in the United States early in the fall.
In its original form "The Girl in the Train"
was known as "Die Geschiedene Frau" ("The
Divorced Wife") and as such was a triumph in
Berlin, as it also is in England. "The Girl in
the Train" is an adaptation from the German
of Victor Leon, with lyrics by Adrian Ross and
music by Leo Fall. The music is described as
THAT
ITALIAN
RAG
A Hit of Hits!
A POSITIVE HIT!
A PROVED SELLER!
It referred of course to
CENTURY
EDITION
"delicious," the book and lyrics as witty and neat,
and the plot as uproariously funny. One musi-
cal number especially has captured the audiences
in London. It is known simply as "The Waltz
Song," and is expected to equal the "Merry
Widow" waltz in popular approval.
EVERY LITTLE
MOVEMENT"
By OTTO HAUERBACH and KARL HOSCHNA
Writers of the Big Successes,
By AL PIANTADOSI,
Creator of Italian Character Songs.
Orders poured in the very day after this
song was first sung at Hammerstein's
Victoria Theater.
GOING STRONGER EVERY D A Y !
PUBLISHED BY
LEO. FEIST, NEW YORK
" T H E THREE T W I N S " and "BRIGHT EYES"
H E A D HAS HITS
(George W. Head, Jr.)
WORLD'S GREATEST BALLAD
"Without You The World
Don't Seem The Same"
An EndleM Chain of Sales of This Song Will Start
From First Purchase.
Best Ballad Since the Time of Jenny Lind
THE HEAD MUSIC PUBLISHING CO.
1416 Broadway, Cor. 39th Street,
New York
The reigning Musical Hit from
"MADAME SHERRY"
Now Playing at Colonial Theatre,
Chicago
Sung, Whistled and Hummed Everywhere
SONGS FOR EVERYBODY!
"PLAYTHINGS
THAT'S ALL"
By John W. Bratton.
"MOTHER"
By Cooper & Frederics.
" I N THE SAME OLD WAY"
By Nat D. Mann.
Greatly in Demand. Order Now
M. WITMARK & SONS, Publishers
NEW YORK
CHICAGO
LONDON
PARIS
"WHEN YOU DREAM OF THE GIRL YOU LOVE"
By Leo Edwards.
"GO ON, GOOD-A-BYE "
By Brown & Murphy.
VICTOR KREMER COMPANY
108-1 10 Randolph Street, CHICAGO, ILL.
(Opposite Garrick Theatre)
THE MUSIC TRADE REVIEW
BURKAN ON THE COPYRIGHT LAW.
{Continued from page 47.)
copyright as were expressly conferred upon him.
All the rights usually incidental to the owner-
ship of a copyright do not follow.
"Singing an entire copyrighted song, even
though for the purpose of imitation or mimicry,
is an infringement of the coypright. I am of
the opinion, however, that the singing of a
chorus or a verse of a song for the purpose of
imitation in good faith is permissive upon the
theory of fair use. The good faith of such
mimicry is an essential element.
"On the question whether a title of a work
is protected under the copyright law the prin-
ciple has now been firmly established that the
owner of a copyright will be protected in the
title under the copyright where there is an in-
fringement in whole or in part of the work which
is the subject of the copyright. The title alone
may be protected upon the principles upon which
trade names and trade-marks are protected by
the courts.
As to English Copyrights.
"A question that deserves much more atten-
tion than it has received is that of the right of
American authors to acquire English copyright
when not resident within British dominions.
The right of Americans to English copyright is
open to much doubt. British writers apparently
realize that this uncertainty of the rights of
Americans under the British copyright laws in-
volves a serious danger to the rights which
English subjects are now enjoying under the
United States law.
"The fact remains that it is not possible at
present to give a positive answer to the question
whether British copyright can be acquired for
the work of an American author while he re-
mains without the British dominions."
MAURICE SHAPIRO ON THE WARPATH.
L. L. Withers is a new piano dealer at 308
Elm street, Dallas, Tex.
GET RIGHTS TO NEW PRODUCTION.
EDITORIAL
The following epigrammatic edi-
torial appeared in one of our
great weeklies:
"The high cost of living is
coming down. Beethoven's
Sonatas, in excellent edition,
now can be bought for ten
cents a copy."
Music Publisher Plans Steps to Obtain Back
Royalties Alleged to be Due on "Yip-i-Addy"
and Threatens to Order Another Search Made
for Copies of a Song Which He Declares to
Have Been "Pirated."
Royalties on something like half a million
copies of "Yip-I-Addy-l-Ay," sold in England
since that number was published, are now
sought by Maurice Shapiro, who published the
song and obtained copyrights on it abroad. Will-
iam Grossman, of the law firm of House, Gross-
man & Vorhaus, left for London early this week,
and it is through him that Mr. Shapiro hopes to
get an accounting of the sales of the song. Mr.
Grossman has been instructed to institute pro-
ceedings against a theatrical manager and a
music publishing firm. Mr. Grossman, as attor-
ney for Shapiro, will assert in the English
courts that these two have sold "Yip-I-Addy"
without returning royalties to him. Mr. Shapiro
says that remittances from the Continent, where
the song was a big seller, have been received
regularly by him. The song was introduced to
London by Alice Lloyd.
On the further course of the warpath Mr. Sha-
piro is contemplating ordering a search to be
made of the offices of a New York music pub-
lisher for copies of a song which he declares to
be a pirated version of "Ragtimeland," which
was sung in "Dick Whittington." The search
would be made, of course, on a writ of seizure,
such as Shapiro recently obtained against a local
music publisher with the result that more than
a thousand copies of a song alleged to be an in-
fringement on "When Rosalie Sings Chiribiri,"
were seized, only to be ordered returned later,
as told elsewhere in this issue.
M. Witmark & Sons Will Publish Music of
"The Girl in the Train," a Recent Success.
CENTURY MUSIC PUBLISHING CO.
1 178 BROADWAY, NEW YORK
INTERPOLATIONS IN NEW "FOLLIES."
Interpolated songs have been given consider-
able importance in the production of "Follies of
1910," which has been running at Atlantic City
this week, and which is scheduled to 'have its
New York opening next Monday night. The
score itself has received much commendation
for its tuneful numbers. It is published by
Jerome H. Remick & Co. Of the interpolations,
several songs published by the Harry von Tilzer
Music Publishing Co. are the most conspicuous.
Among these are "The Yodeling Rag," sung by
McMasters and Tyson; "That's Genuine, First-
class Yiddisha Love," sung by Bobby North; "I
Will Be Your Chantecler," sung by Lillian Lo-
raine; "Kitty Rooney," sung by Lillian Loraine,
and "The Pensacola Mooch." That two or three
decided popular hits will develop from among
these seems a foregone conclusion in view of
the reception that has been accorded them prior
to the New York opening.
F. E. BELCHER ON LONG AUTO TRIP.
F. E. Belcher, general Eastern manager of
Jerome H. Remick & Co., has been out of town
this week taking part of his vacation. At last
reports he was making an automobile trip from
Buffalo to Boston. Mr. Belcher has been an
enthusiastic automobilist for several years. Will-
iam Phillips, manager of the Eastern retail stores
of Remick & Co., was among a number of rep-
resentatives of New York music publishers who
went to Atlantic City last Monday for the open-
ing of "Follies of 1910."
M. Witmark & Sons have secured the exclusive
rights to publish the music of "The Girl in the
Train," a new musical comedy. The rights were
obtained through Hans Bartsch, and, as the piece
was recently produced in London by George
Edwardes with overwhelming success, the Wit-
marks are naturally pleased with the result of
the deal. Charles Dillingham will produce the
comedy in the United States early in the fall.
In its original form "The Girl in the Train"
was known as "Die Geschiedene Frau" ("The
Divorced Wife") and as such was a triumph in
Berlin, as it also is in England. "The Girl in
the Train" is an adaptation from the German
of Victor Leon, with lyrics by Adrian Ross and
music by Leo Fall. The music is described as
THAT
ITALIAN
RAG
A Hit of Hits!
A POSITIVE HIT!
A PROVED SELLER!
It referred of course to
CENTURY
EDITION
"delicious," the book and lyrics as witty and neat,
and the plot as uproariously funny. One musi-
cal number especially has captured the audiences
in London. It is known simply as "The Waltz
Song," and is expected to equal the "Merry
Widow" waltz in popular approval.
EVERY LITTLE
MOVEMENT"
By OTTO HAUERBACH and KARL HOSCHNA
Writers of the Big Successes,
By AL PIANTADOSI,
Creator of Italian Character Songs.
Orders poured in the very day after this
song was first sung at Hammerstein's
Victoria Theater.
GOING STRONGER EVERY D A Y !
PUBLISHED BY
LEO. FEIST, NEW YORK
" T H E THREE T W I N S " and "BRIGHT EYES"
H E A D HAS HITS
(George W. Head, Jr.)
WORLD'S GREATEST BALLAD
"Without You The World
Don't Seem The Same"
An EndleM Chain of Sales of This Song Will Start
From First Purchase.
Best Ballad Since the Time of Jenny Lind
THE HEAD MUSIC PUBLISHING CO.
1416 Broadway, Cor. 39th Street,
New York
The reigning Musical Hit from
"MADAME SHERRY"
Now Playing at Colonial Theatre,
Chicago
Sung, Whistled and Hummed Everywhere
SONGS FOR EVERYBODY!
"PLAYTHINGS
THAT'S ALL"
By John W. Bratton.
"MOTHER"
By Cooper & Frederics.
" I N THE SAME OLD WAY"
By Nat D. Mann.
Greatly in Demand. Order Now
M. WITMARK & SONS, Publishers
NEW YORK
CHICAGO
LONDON
PARIS
"WHEN YOU DREAM OF THE GIRL YOU LOVE"
By Leo Edwards.
"GO ON, GOOD-A-BYE "
By Brown & Murphy.
VICTOR KREMER COMPANY
108-1 10 Randolph Street, CHICAGO, ILL.
(Opposite Garrick Theatre)
Future scanning projects are planned by the International Arcade Museum Library (IAML).