Music Trade Review
Issue: 1915 Vol. 60 N. 7 - Page 52
Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
THE MUSIC TRADE REVIEW
52
Conducted by B. B. Wilson
MUST SPLIT PROFITS FROM "SWEETHEARTS."
NEW QUARTERS FOR THE WITMARKS.
Judge Hand Displays Much Musical Knowledge in His Decision in Favor of Fred de Gresac
Maurel Against Robert B. Smith et al.
Lease Floor at 1560 Broadway for Use of the
As a result of a decision handed down by Judge
Hand in the United States District Court last week,
Harry B. and Robert B. Smith, the well-known
builders of musical comedy, will be compelled to
share the royalties and profits accruing to them
from the operetta "Sweethearts," with Fred de
Ciresac Maurel, which masculine cognomen is really
the notn de plume of a woman.
\n her bill of complaint Mme. de Gresac said
that she had made an agreement with Harry B.
Smith whereby he was to take her scenario for
"Sweethearts" and elaborate it into an operetta for
two-thirds of the royalties on the English version,
and one-third on the translation. She had already
contracted with Henry Blossom to deliver the play
to Werba & Luescher, for production, but Mr.
Blossom had subsequently declined to be a party
to the play. It is also alleged that Smith's royalties
from G. Schirmer, publishers of the score, amount-
ed to $5,500, part of which the plaintiff sought to
obtain. Despite Robert Smith's admission that he
had used a number of new songs in "Sweethearts."
interest in which could not be claimed by the plain-
tiff, Judge Hand gave some indication of his ability
as a musician in the following interesting decision :
"There is no doubt the idea of the plot of
'Sweethearts' originated with this plaintiff. The
separate publication of musical numbers does not
break their unity with the piece of which they are a
part, because it is impossible to say how much
their vogue is due to them alone, or how much to
their presentation along with the opera as a whole.
A lease has just been signed by M. Witmark &
Sons for quarters at 1560 Broadway, one door
south of the Palace Theatre, where, after exten-
sive alterations, they will locate their professional
rooms, under the direction of Al. Cook, who
will be ably assisted by Arthur Fields, Ted
Morse, Earl Carroll, Lewis Weslyn, Jack Brennan,
Harold A. Dellon, Ted Coleman and a staff of
demonstrators. Julius P. Witmark will spend a
good deal of his time at the new offices.
The quarters were formerly occupied by the
Edgar Selden Co., which has been closed out fol-
lowing the entrance of Mr. Selden into another
line of business.
INCORPORATES FILM COMPANY.
The Chas. K. Harris Feature Film Co. Formally
Launched—To Produce Harris Scenarios.
The Chas. K. Harris Feature Film Co., which was
organized some time ago to present motion picture
scenarios written by Chas. K. Harris, the well-
known publisher, based on the stories of his ballads,
was incorporated last week with a capital stock of
$25,000. The incorporators are: Chas. K. Harris,
Geo. P. Waitzfelder and Albert E. Lowe. The two
first productions to be made by the new concern
will be based on the Harris ballads, "Always in the
Way" and "Break the News to Mother."
FEIST PURCHASES NEW SONG.
The latest song purchase made by Leo Feist, Inc.,
is that of "Love's Lament," by Billy Gaston and,
which was secured from the Maurice Richmond
Music Co. If the number measures up as well as
TIPPERARY GUARDS
MARCH_ ONE-STEP
b
r E T PAULL_
"'A moment's reflection will. 1 think, make this
clear. One goes to an opera and brings away (pro-
viding it be a good one) a general pleasant impres-
sion which one seeks to repeat. Some of the indi-
vidual numbers may have struck the patron as tune-
ful, or comic, or touching, so he buys a song or
more to play or sing.
"One can't distinguish exactly whether such songs
teach currency with the production as a whole.
But there would be no difficulty in reaching a con-
clusion were the production on a higher dramatic
scale, such as 'Lucia di Lammermoor.' Many of
its arias are, at least musically, separate numbers
and recognized as such. Or take, for example, the
Gilbert and Sullivan operas in which many of the
songs have not the slightest unity with the plot.
"Sir Joseph Porter's rise to fame in 'Pinafore,'
or Yum Yum's song to the moon in 'The Mikado'
can hardly be held to advance the plots, and yet it
would have been quite unreal to say their author,
had he been other than Gilbert, could have claimed
they were 'literary productions independent of the
whole operas.'"
In conclusion, Judge Hand directs the decree to
provide that the Smiths account to the plaintiff for
share and share alike in the royalties; that she be
entitled to her share in the stock and moving pic-
ture rights; that she have an accounting from Rob-
ert B. Smith for what he has received from the
Schirmers, and lastly that she have costs against
the defendants, with the exception of G. Schirmer
& Co.
Professional Department.
NOW AFTER ROYALTY DODGERS.
Music Publishers' Board of Trade to Take Ac-
tion Against Music Roll and Record Manu-
facturers Who Neglect to Settle.
"j
The iatest campaign to be started by the Music
Publishers' Board of Trade is one directed against
ihe manufacturers of music rolls and talking ma-
chine records. It has long been alleged and a
number of cases proven that manufacturers of me-
chanical reproductions of music are not always
careful in paying royalties, according to the copy-
right law, and the Board of Trade will seek to
remedy the matter. Nathan Burkan, attorney for
the board is said to have the names of several man-
ufacturers who have failed to make satisfactory set-
tlements as royalties for various strong views and
previous songs that the house of Feist has pur- court actions against them will be started within
the next week or so.
chased, the investment will prove a good one.
CALLING GLEE CLUBS TO COMPETE-
Dartmouth, Columbia, Harvard and Pennsyl-
vania College—Clubs to Be Heard at Car-
negie Hall on February 27.
The attention attracted last year by the intercol-
legiate glee club meet at Carnegie Hall, the first
contest of its kind, has recently awakened a new
brand of college spirit, which finds music not so
much of a dead letter in the life of these institu-
tions as has been supposed. On February 27 an-
other competition of similar kind will be held at
Carnegie Hall between the glee clubs of Dart-
mouth, Columbia, Harvard and the University of
Pennsylvania. The prize for the winner of the
coming meet will be a large silver cup donated by
the University Glee Club of New York, which will
be competed for annually and will become the
property of the club first winning it three times.
DENVER MUSIC DEALERS ORGANIZE.
Practically All Leading Houses Represented
in New Association—Plans Credit Bureau.
Practically all of the representative music deal-
ers of Denver, Col., are members of the new Asso-
ciation of Sheet Music Dealers, organized in that
city last week and of which Harold Orth, of the
Denver Music Co., is president; A. J. Mertes, of the
Hext Music Co., vice-president; C. O. Bohon, of
the Knight-Campbell Music Co., secretary, and D.
C. Bennett, of the Dutch Mill Co., treasurer. The
new association will hold meetings once each month
and in addition to arranging for comprehensive by-
laws has also planned for some interesting matters
upon which to take action. A credit^Ijytjreau will be
one of the first things advocated for the new asso-
ciation. Uther topics of equal importance will be
considered.
TIPPERARY GUARDS
New March and One Step, by E. T. Paull
The Latest Instrumental Success
It's a Hummer. Something Everybody Can Play, Something
Everybody Can Dance. Brand New. Just Published.
A Positive Winner
A Special Introductory Rate to any Dealer who will Address the Publishers
E. T. PAULL MUSIC CO., 243 West 42nd St., NEW YORK
THE MUSIC TRADE REVIEW
52
Conducted by B. B. Wilson
MUST SPLIT PROFITS FROM "SWEETHEARTS."
NEW QUARTERS FOR THE WITMARKS.
Judge Hand Displays Much Musical Knowledge in His Decision in Favor of Fred de Gresac
Maurel Against Robert B. Smith et al.
Lease Floor at 1560 Broadway for Use of the
As a result of a decision handed down by Judge
Hand in the United States District Court last week,
Harry B. and Robert B. Smith, the well-known
builders of musical comedy, will be compelled to
share the royalties and profits accruing to them
from the operetta "Sweethearts," with Fred de
Ciresac Maurel, which masculine cognomen is really
the notn de plume of a woman.
\n her bill of complaint Mme. de Gresac said
that she had made an agreement with Harry B.
Smith whereby he was to take her scenario for
"Sweethearts" and elaborate it into an operetta for
two-thirds of the royalties on the English version,
and one-third on the translation. She had already
contracted with Henry Blossom to deliver the play
to Werba & Luescher, for production, but Mr.
Blossom had subsequently declined to be a party
to the play. It is also alleged that Smith's royalties
from G. Schirmer, publishers of the score, amount-
ed to $5,500, part of which the plaintiff sought to
obtain. Despite Robert Smith's admission that he
had used a number of new songs in "Sweethearts."
interest in which could not be claimed by the plain-
tiff, Judge Hand gave some indication of his ability
as a musician in the following interesting decision :
"There is no doubt the idea of the plot of
'Sweethearts' originated with this plaintiff. The
separate publication of musical numbers does not
break their unity with the piece of which they are a
part, because it is impossible to say how much
their vogue is due to them alone, or how much to
their presentation along with the opera as a whole.
A lease has just been signed by M. Witmark &
Sons for quarters at 1560 Broadway, one door
south of the Palace Theatre, where, after exten-
sive alterations, they will locate their professional
rooms, under the direction of Al. Cook, who
will be ably assisted by Arthur Fields, Ted
Morse, Earl Carroll, Lewis Weslyn, Jack Brennan,
Harold A. Dellon, Ted Coleman and a staff of
demonstrators. Julius P. Witmark will spend a
good deal of his time at the new offices.
The quarters were formerly occupied by the
Edgar Selden Co., which has been closed out fol-
lowing the entrance of Mr. Selden into another
line of business.
INCORPORATES FILM COMPANY.
The Chas. K. Harris Feature Film Co. Formally
Launched—To Produce Harris Scenarios.
The Chas. K. Harris Feature Film Co., which was
organized some time ago to present motion picture
scenarios written by Chas. K. Harris, the well-
known publisher, based on the stories of his ballads,
was incorporated last week with a capital stock of
$25,000. The incorporators are: Chas. K. Harris,
Geo. P. Waitzfelder and Albert E. Lowe. The two
first productions to be made by the new concern
will be based on the Harris ballads, "Always in the
Way" and "Break the News to Mother."
FEIST PURCHASES NEW SONG.
The latest song purchase made by Leo Feist, Inc.,
is that of "Love's Lament," by Billy Gaston and,
which was secured from the Maurice Richmond
Music Co. If the number measures up as well as
TIPPERARY GUARDS
MARCH_ ONE-STEP
b
r E T PAULL_
"'A moment's reflection will. 1 think, make this
clear. One goes to an opera and brings away (pro-
viding it be a good one) a general pleasant impres-
sion which one seeks to repeat. Some of the indi-
vidual numbers may have struck the patron as tune-
ful, or comic, or touching, so he buys a song or
more to play or sing.
"One can't distinguish exactly whether such songs
teach currency with the production as a whole.
But there would be no difficulty in reaching a con-
clusion were the production on a higher dramatic
scale, such as 'Lucia di Lammermoor.' Many of
its arias are, at least musically, separate numbers
and recognized as such. Or take, for example, the
Gilbert and Sullivan operas in which many of the
songs have not the slightest unity with the plot.
"Sir Joseph Porter's rise to fame in 'Pinafore,'
or Yum Yum's song to the moon in 'The Mikado'
can hardly be held to advance the plots, and yet it
would have been quite unreal to say their author,
had he been other than Gilbert, could have claimed
they were 'literary productions independent of the
whole operas.'"
In conclusion, Judge Hand directs the decree to
provide that the Smiths account to the plaintiff for
share and share alike in the royalties; that she be
entitled to her share in the stock and moving pic-
ture rights; that she have an accounting from Rob-
ert B. Smith for what he has received from the
Schirmers, and lastly that she have costs against
the defendants, with the exception of G. Schirmer
& Co.
Professional Department.
NOW AFTER ROYALTY DODGERS.
Music Publishers' Board of Trade to Take Ac-
tion Against Music Roll and Record Manu-
facturers Who Neglect to Settle.
"j
The iatest campaign to be started by the Music
Publishers' Board of Trade is one directed against
ihe manufacturers of music rolls and talking ma-
chine records. It has long been alleged and a
number of cases proven that manufacturers of me-
chanical reproductions of music are not always
careful in paying royalties, according to the copy-
right law, and the Board of Trade will seek to
remedy the matter. Nathan Burkan, attorney for
the board is said to have the names of several man-
ufacturers who have failed to make satisfactory set-
tlements as royalties for various strong views and
previous songs that the house of Feist has pur- court actions against them will be started within
the next week or so.
chased, the investment will prove a good one.
CALLING GLEE CLUBS TO COMPETE-
Dartmouth, Columbia, Harvard and Pennsyl-
vania College—Clubs to Be Heard at Car-
negie Hall on February 27.
The attention attracted last year by the intercol-
legiate glee club meet at Carnegie Hall, the first
contest of its kind, has recently awakened a new
brand of college spirit, which finds music not so
much of a dead letter in the life of these institu-
tions as has been supposed. On February 27 an-
other competition of similar kind will be held at
Carnegie Hall between the glee clubs of Dart-
mouth, Columbia, Harvard and the University of
Pennsylvania. The prize for the winner of the
coming meet will be a large silver cup donated by
the University Glee Club of New York, which will
be competed for annually and will become the
property of the club first winning it three times.
DENVER MUSIC DEALERS ORGANIZE.
Practically All Leading Houses Represented
in New Association—Plans Credit Bureau.
Practically all of the representative music deal-
ers of Denver, Col., are members of the new Asso-
ciation of Sheet Music Dealers, organized in that
city last week and of which Harold Orth, of the
Denver Music Co., is president; A. J. Mertes, of the
Hext Music Co., vice-president; C. O. Bohon, of
the Knight-Campbell Music Co., secretary, and D.
C. Bennett, of the Dutch Mill Co., treasurer. The
new association will hold meetings once each month
and in addition to arranging for comprehensive by-
laws has also planned for some interesting matters
upon which to take action. A credit^Ijytjreau will be
one of the first things advocated for the new asso-
ciation. Uther topics of equal importance will be
considered.
TIPPERARY GUARDS
New March and One Step, by E. T. Paull
The Latest Instrumental Success
It's a Hummer. Something Everybody Can Play, Something
Everybody Can Dance. Brand New. Just Published.
A Positive Winner
A Special Introductory Rate to any Dealer who will Address the Publishers
E. T. PAULL MUSIC CO., 243 West 42nd St., NEW YORK
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