Music Trade Review
Issue: 1910 Vol. 51 N. 4 - Page 42
Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
42
THE
MUSIC
TRADE
REVIEW
letter to some other firm, notifying the latter that
they are using a title "similar" to one which the
complaining firm gave to a song a year or maybe
five years ago. This letter asks that the title be
changed and that the plates of the offending title
pages be destroyed. "This will obviate the neces-
of our taking the case to court and asking for
EDWARD LYMANBILL - Editor and Proprietor sity
damages," the letter usually concludes. It is a
J. I . SPILLANE, Muagfng Editor
fact, moreover, that the firm receiving such a
letter
usually suspends publication of the number
R.W.SIMMONS, Editor Music Section
involved, and replies that the plates have been
PnMtahed Every Saturday at 1 Madlsra Avenue. New Y*rk
destroyed. All this is well and good, where the
SUBSCRIPTION. (Including portage), United States and
rights of a publisher with only good intentions
Mexico, $2.00 per year; Canada, SS.50; all ether coun
have not been ignored. But the fact remains that
trlea. $4.00.
from a legal aspect the publishers are really some-
Telephones-Numbers 4677 and 4678 Grmmercy
Connecting all Departments
what confused as to their exact court rights in the
matter of titles.
NEW YORK, JULY 2 3 , 1910
Fixing of Exact Status Long Desired.
Since the passing of the new copyright law it
All matter of every nature intended
has been hoped that some case would come up
for this department should be addressed
which would define for all concerned the exact
The Editor Music Section Music Trade
status of title rights. For this reason the "Chanti-
Review, 1 Madison Avenue, New York.
clair" case was followed with interest. It has
been held by some that although the title itself
may not be copyrighted (yet no law states specifi-
cally that it may not be) the proprietors of a song
or play have a property interest in the presenta-
tion or publication that should protect them
against another which has similar characters
and uses a somewhat similar title. In view of the
recent decision in the "Chanticlair" case it would
The recent court decision whereby the use of seem that the use of the same or similar titles
the title "Chanticlair" is permanently forbidden may be prevented, but on the ground that the
for the tuneful burlesque on Rostand's play which public is entitled to protection from deception. The
has been given for some weeks on the roof of the man who has paid money to get a certain song,
American Music Hall presents some points of
for, instance, would otherwise have no redress if
interest to music publishers and composers. This he had innocently bought a different one, being
is because, contrary to general expectations, the misled by similarity in titles. Whether the pre-
question of copyright was not considered by Justice cedent will serve against an appeal made from
Giegerich in reaching his decision. The opinion such a decision, and whether it will serve to estab-
of the court was based entirely on the principle lish generally existing rights in titles remains to
that "the public is entitled to protection from any be seen. It is well for music publishers that a
attempt at deception." Had the decision been precedent of some sort has been established, even
based on copyright protection the case would have if a decision on a matter supposed to be covered
established a different precedent, one such as music by a copyright law has been reached without the
publishers have long desired to see effected. It is expected reference to the subject of copyright.
a common saying among publishers and composers
Caryll Praises American Musical Plays.
that "you cannot copyright the English language."
Ivan Caryll, the famous English composer with
They quote this when someone accuses them of
using a title of a song or instrumental number that a score of successful musical plays to his credit,
has already been used by another publisher or is evidently one of the minority among English-
composer. It is to be noted, however, that music
publishers frequently write a "polite" business
COMMENTS B Y - „
men, in that he finds things in America which
Britons could take as the basis for improvement in
similar things in England. On his recent visit in
New York Mr. Caryll, who, by the way, is now
under contract with Chappell & Co., music pub-
lishers of London and New York, and whose new
"Marriage a la Carte" and "The Satyr" will be
produced in New York some time during the com-
ing season, told the "New York Times" that if a
review like "The Follies of 1910" or "The Summer
Widowers" were put on in London it would be a
tremendous hit. He does not actually say that
American musical productions were superior to
English ones. As a matter of fact, since two
more of his own arc about to be produced here he
doubtless believes that those two, at any rate,
will be just a little better than anything that we
have heretofore seen. But Mr. Caryll did say that
on certain points the English producers could
study American productions with advantage. He
added:
Points Here for English Managers.
"Our managers should come to America. George
Edwardes should come here at least twice a year,
just as Mr. Frohman, Mr. Tyler and your other
managers go to London and Paris and Berlin and
Vienna. Take the musical features in the Amer-
ican shows, the 'chorus effects,' such as the swings
in 'The Follies.' Your managers seem to be able
to put them on with so much originality, so much
refinement, and your people carry them out so well.
"As to the music of your musical plays, I find
much of it good. I consider Victor Herbert the
foremost American composer. His music is fasci-
nating to me and his music is always charming.
I don't know Mr. Herbert personally—I have never
even met him—and when I praise him I am not
'gassing' for effect."
MUSIC FOR THE PASSION PLAY.
Richard Strauss was reported recently as about
to visit the Oberammergau Passion Play, with a
view to composing a musical setting for the great
festival drama. The music employed now is a
mixture of various settings made from time to
time by different local organists and teachers, and
is said to be very inferior. The dimensions of this
great religio-theatrical event demand no less genius
than that of a Strauss.
SOME OF OUR REAL HITS
MESSRS. CHAPPELL & CO., L t d .
"THE
CUBANOLA
G L I D E "
( lnss ?rli)
" M Y
SOUTHERN
R O S E "
" K E E P YOUR FOOT ON T H E SOFT P E D A L "
THE REIGMNG MUSICAL SUCCESS
" T i H n E t
THE ARCADIANS
Y
! ! M
I I I D
U D U I I S d H n
Sonfl a n d
R
U b G " (
\
KH
VInstrumental/
" H I P - H I P - H Y P N O T I Z E
M E " ( son 0 >
" G I V E
M Y R E G A R D S T O M A B E L "
(Produced by Mr. Charles Frohman)
HARRY VON TILZER MUSIC PUBLISHING COMPANY
FRANZ LEHAR'S NEW OPERA
THE MAN WITH THREE WIVES
AD
N D E^ S Y S O^ L O M F^ E T O
125 West 43d Street, New York City
(To be produced shortly by Messrs. Shubert)
IVAN CARYLL AND LIONEL MONCKTON'S
SUCCESSFUL MUSICAL PLAY
OUR MISS GIBBS
THEODORE MORSE'S NEW HITS !
(To be produced shortly by Mr. Charles Frohman)
"Good-bye, Betty B r o w n " (Our New March Hit)
LONDON'S LATEST CRAZE
" H E ' S A COLLEGE B O Y " (A Great Big Seller)
Standard Sellers:
THE BALKAN PRINCESS
A Musical Play by Paul A. Rubens
(To be produced by Mr. W. A. Brady)
CHAPPELL & CO., Ltd.
37 W. 17th St.
NEW YORK
A collection of 35 stand-
ard piano pieces ar-
ranged and in some in-
stances simplified by the
famous American com-
p o s e r 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 compo-
sitions and is of such a
nature as to appeal to
every lover of piano
music. Price 75 cents.
" MOLLY LEE »
"BLUE
» KITTY CRAY "
F E A T H E R " (Song and Intermezzo)
"Phoebe J a n e "
"If This Ring Told You All It Knows"
"Just a Little Ring from You"
" Dear Old Girl"
Theodore Morse Music Co.
1367 Broadway, New York
Published by
HINDS, NOBLE & ELDREDGE, 31-35 West 15th Street, New York
c SHEET MUSIC
DEPARTMENT
WILL ATTRACT MORE CUSTOMERS TO YOUR STORE THAN
ANY OTHER MEDIUM YOU COULD EMPLOY
Write for catalogue and particulars a* to how to
make a sheet music department a money-maker
Address nearest office
McKINLEY MUSIC CO., 185 Harrison St., Chicago, III.
NO. 80 FIFTH AVENUE, NEW YORK, N. Y.
42
THE
MUSIC
TRADE
REVIEW
letter to some other firm, notifying the latter that
they are using a title "similar" to one which the
complaining firm gave to a song a year or maybe
five years ago. This letter asks that the title be
changed and that the plates of the offending title
pages be destroyed. "This will obviate the neces-
of our taking the case to court and asking for
EDWARD LYMANBILL - Editor and Proprietor sity
damages," the letter usually concludes. It is a
J. I . SPILLANE, Muagfng Editor
fact, moreover, that the firm receiving such a
letter
usually suspends publication of the number
R.W.SIMMONS, Editor Music Section
involved, and replies that the plates have been
PnMtahed Every Saturday at 1 Madlsra Avenue. New Y*rk
destroyed. All this is well and good, where the
SUBSCRIPTION. (Including portage), United States and
rights of a publisher with only good intentions
Mexico, $2.00 per year; Canada, SS.50; all ether coun
have not been ignored. But the fact remains that
trlea. $4.00.
from a legal aspect the publishers are really some-
Telephones-Numbers 4677 and 4678 Grmmercy
Connecting all Departments
what confused as to their exact court rights in the
matter of titles.
NEW YORK, JULY 2 3 , 1910
Fixing of Exact Status Long Desired.
Since the passing of the new copyright law it
All matter of every nature intended
has been hoped that some case would come up
for this department should be addressed
which would define for all concerned the exact
The Editor Music Section Music Trade
status of title rights. For this reason the "Chanti-
Review, 1 Madison Avenue, New York.
clair" case was followed with interest. It has
been held by some that although the title itself
may not be copyrighted (yet no law states specifi-
cally that it may not be) the proprietors of a song
or play have a property interest in the presenta-
tion or publication that should protect them
against another which has similar characters
and uses a somewhat similar title. In view of the
recent decision in the "Chanticlair" case it would
The recent court decision whereby the use of seem that the use of the same or similar titles
the title "Chanticlair" is permanently forbidden may be prevented, but on the ground that the
for the tuneful burlesque on Rostand's play which public is entitled to protection from deception. The
has been given for some weeks on the roof of the man who has paid money to get a certain song,
American Music Hall presents some points of
for, instance, would otherwise have no redress if
interest to music publishers and composers. This he had innocently bought a different one, being
is because, contrary to general expectations, the misled by similarity in titles. Whether the pre-
question of copyright was not considered by Justice cedent will serve against an appeal made from
Giegerich in reaching his decision. The opinion such a decision, and whether it will serve to estab-
of the court was based entirely on the principle lish generally existing rights in titles remains to
that "the public is entitled to protection from any be seen. It is well for music publishers that a
attempt at deception." Had the decision been precedent of some sort has been established, even
based on copyright protection the case would have if a decision on a matter supposed to be covered
established a different precedent, one such as music by a copyright law has been reached without the
publishers have long desired to see effected. It is expected reference to the subject of copyright.
a common saying among publishers and composers
Caryll Praises American Musical Plays.
that "you cannot copyright the English language."
Ivan Caryll, the famous English composer with
They quote this when someone accuses them of
using a title of a song or instrumental number that a score of successful musical plays to his credit,
has already been used by another publisher or is evidently one of the minority among English-
composer. It is to be noted, however, that music
publishers frequently write a "polite" business
COMMENTS B Y - „
men, in that he finds things in America which
Britons could take as the basis for improvement in
similar things in England. On his recent visit in
New York Mr. Caryll, who, by the way, is now
under contract with Chappell & Co., music pub-
lishers of London and New York, and whose new
"Marriage a la Carte" and "The Satyr" will be
produced in New York some time during the com-
ing season, told the "New York Times" that if a
review like "The Follies of 1910" or "The Summer
Widowers" were put on in London it would be a
tremendous hit. He does not actually say that
American musical productions were superior to
English ones. As a matter of fact, since two
more of his own arc about to be produced here he
doubtless believes that those two, at any rate,
will be just a little better than anything that we
have heretofore seen. But Mr. Caryll did say that
on certain points the English producers could
study American productions with advantage. He
added:
Points Here for English Managers.
"Our managers should come to America. George
Edwardes should come here at least twice a year,
just as Mr. Frohman, Mr. Tyler and your other
managers go to London and Paris and Berlin and
Vienna. Take the musical features in the Amer-
ican shows, the 'chorus effects,' such as the swings
in 'The Follies.' Your managers seem to be able
to put them on with so much originality, so much
refinement, and your people carry them out so well.
"As to the music of your musical plays, I find
much of it good. I consider Victor Herbert the
foremost American composer. His music is fasci-
nating to me and his music is always charming.
I don't know Mr. Herbert personally—I have never
even met him—and when I praise him I am not
'gassing' for effect."
MUSIC FOR THE PASSION PLAY.
Richard Strauss was reported recently as about
to visit the Oberammergau Passion Play, with a
view to composing a musical setting for the great
festival drama. The music employed now is a
mixture of various settings made from time to
time by different local organists and teachers, and
is said to be very inferior. The dimensions of this
great religio-theatrical event demand no less genius
than that of a Strauss.
SOME OF OUR REAL HITS
MESSRS. CHAPPELL & CO., L t d .
"THE
CUBANOLA
G L I D E "
( lnss ?rli)
" M Y
SOUTHERN
R O S E "
" K E E P YOUR FOOT ON T H E SOFT P E D A L "
THE REIGMNG MUSICAL SUCCESS
" T i H n E t
THE ARCADIANS
Y
! ! M
I I I D
U D U I I S d H n
Sonfl a n d
R
U b G " (
\
KH
VInstrumental/
" H I P - H I P - H Y P N O T I Z E
M E " ( son 0 >
" G I V E
M Y R E G A R D S T O M A B E L "
(Produced by Mr. Charles Frohman)
HARRY VON TILZER MUSIC PUBLISHING COMPANY
FRANZ LEHAR'S NEW OPERA
THE MAN WITH THREE WIVES
AD
N D E^ S Y S O^ L O M F^ E T O
125 West 43d Street, New York City
(To be produced shortly by Messrs. Shubert)
IVAN CARYLL AND LIONEL MONCKTON'S
SUCCESSFUL MUSICAL PLAY
OUR MISS GIBBS
THEODORE MORSE'S NEW HITS !
(To be produced shortly by Mr. Charles Frohman)
"Good-bye, Betty B r o w n " (Our New March Hit)
LONDON'S LATEST CRAZE
" H E ' S A COLLEGE B O Y " (A Great Big Seller)
Standard Sellers:
THE BALKAN PRINCESS
A Musical Play by Paul A. Rubens
(To be produced by Mr. W. A. Brady)
CHAPPELL & CO., Ltd.
37 W. 17th St.
NEW YORK
A collection of 35 stand-
ard piano pieces ar-
ranged and in some in-
stances simplified by the
famous American com-
p o s e r 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 compo-
sitions and is of such a
nature as to appeal to
every lover of piano
music. Price 75 cents.
" MOLLY LEE »
"BLUE
» KITTY CRAY "
F E A T H E R " (Song and Intermezzo)
"Phoebe J a n e "
"If This Ring Told You All It Knows"
"Just a Little Ring from You"
" Dear Old Girl"
Theodore Morse Music Co.
1367 Broadway, New York
Published by
HINDS, NOBLE & ELDREDGE, 31-35 West 15th Street, New York
c SHEET MUSIC
DEPARTMENT
WILL ATTRACT MORE CUSTOMERS TO YOUR STORE THAN
ANY OTHER MEDIUM YOU COULD EMPLOY
Write for catalogue and particulars a* to how to
make a sheet music department a money-maker
Address nearest office
McKINLEY MUSIC CO., 185 Harrison St., Chicago, III.
NO. 80 FIFTH AVENUE, NEW YORK, N. Y.
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