Music Trade Review
Issue: 1916 Vol. 62 N. 10 - Page 56
Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
56
THE MUSIC TRADE REVIEW
imitation of and a colorable adaptation of the title
so adopted by complainant, as aforesaid; that said
M. Witmark & Sons Secure Injunction Against
title was adopted by said defendants for the pur-
pose, and used by them with the intent of deceiving
Chicago Publishers for Alleged Infringements
the public, and palming off and selling to the public
of the Titles of "Mother Machree" and "A
said musical composition of defendants as and for
Little Bit of Heaven"—The Court Decision.
the musical composition of complainant; that said
The fact that there is still some protection for title was adopted by said defendants without the
song titles has been emphasized in the recent legal license or authority of the complainant, and that
victory scored by M. Witmark & Sons in the by using the title aforesaid to said musical com-
United States District Court in Illinois, whereby position of said defendants, said defendants have
they secured a permanent injunction against J. unlawfully, fraudulently and wilfully .infringed
Brandon Walsh, Milton Weil, J. Brandon Walsh upon the title of the musical composition so adopted
and Tell Taylor, restraining the latter from pub- by complainant, as aforesaid, and upon the ex-
lishing and selling the compositions entitled "I'm clusive rights of complainant to use the same.
"And the court doth further find that all the
Dreaming of You To-night, Mother Machree" and
"To a Little Bit of Heaven in Old Ireland." The material allegations of complainant's bill of com-
song "Mother Machree" was published and copy- plaint arc true and are to be considered, to all in-
righted in 1910 by the Witmarks, and in 1915 the tents and purposes, as if embodied herein, and that
defendants in the suit copyrighted and published a complainant is entitled to the relief prayed for."
Nathan Burkan appeared for M. Witmark &
song "I'm Dreaming To-night of You, Mother
Machree." In 1914 the Witmarks published and Sons in the action, the importance of which can
copyrighted the song "A Little Bit of Heaven, Sure hardly be overestimated.
They Call It Ireland," and shortly afterward J.
Brandon Walsh and Tell Taylor published a song
THREE ATTRACTIVE NUMBERS
entitled "To a Little Bit of Heaven in Old Ire-
Now Being Featured by the Red Star Music
land."
Co., Red Star, Ark.
M. Witmark & Sons brought suit for an injunc-
tion and damages for infringement in the United
Among the recent popular numbers published by
States District Court for the Northern District of
the Red Star Music Co., Fayetteville and Red Star,
Illinois, claiming that they were entitled to the Ark., are to be included the pleasing ballad "Love
exclusive use of both titles when used in connec- Is a Queer, Queer Creature," with lyrics by S. D.
tion with the publication and sale of musical com- Albright and music by Mabel A. Whaley; "Memo-
positions.
ries of Long Ago," another excellent ballad by
In its decision the court said, in part, regarding the same writers, and the "Whaley Special," a one-
the defendant's publications:
step or fox-trot, by Mabel A. Whaley, who is di-
"The said title, so adopted and used by the said rectress of the orchestra of the University of Ar-
defendants in connection with their said musical kansas. All three numbers are presented in at-
compositions, is sufficiently similar to the title tractive shape.
adopted by the complainant, as foresaid, as to mis-
Thomas C. Meredith, the oldest music printer in
lead the ordinary purchaser of musical composi-
tions, and to generally lead them to believe that Chicago, died last week at the home of his daugh-
the musical composition offered for sale by de- ter, Mrs. Clara M. Schaubel, 5348 Race avenue.
fendants is the musical composition published and He was born in Rome, N. Y., but had lived in Chi-
sold by complainant, and that such title is an cago the greater part of his life.
PROTECTION FOR SONG TITLES.
FEDERAL CENSORSHIP OF RAGTIME.
Proposed by Chairman of Massachusetts Feder-
ation of Woman's Clubs Meeting in Boston.
(Special to The Review.)
BOSTON, MASS., February 28.—Censorship of all
ragtime songs, through the Educational Depart-
ment or some other in which the subject might be
handled at Washington, was urged by Mrs. Rich-
ard Hamlin Jones, chairman of the Massachusetts
State Federation of Women's Clubs music depart-
ment, at a music conference at the Boston Art
Club last week.
Mrs. Jones read from a letter written by P. P.
Claxton, Commissioner of Education for the
United States, upon the importance of the study of
music upon character development. The support
of music schools by the State was also urged by
Mrs. Jones. A brief survey of the status of music
ir the United States was made and methods of co-
operation discussed by which good music may be
extended and popularized. Representatives from
the music departments of the various clubs told
what is being accomplished in their respective or-
ganizations.
NEW JACOBS'PUBLICATIONS.
Several Instrumental Numbers Just Issued by
Boston Publisher.
( Special to The Review.)
BOSTON, MASS., February 28.—Walter Jacobs has
issued several new compositions recently, among
them being a waltz, "Sunset in Eden," by John T.
Hall; "The Cradle of Liberty," march and two-
step, by Alfred E: Joy,- the cover of which contains
a picture of Faneuil Hall and is altogether attract-
ively gotten up; "Tendre Amour," by Bcrnisne G.
Clements; "Kangaroo Kanter," by Arthur C.
Moore, and "Musidora," by Norman Leigh. The
third number of Jacobs' Band Monthly is about
to be issued and the Orchestra Monthly is making
steady progress. Business in all branches of the
Jacobs business is excellent.
TWO NEW PUBLICATIONS
>
u
•
Do You Remember"
A SONG
By Carrie Jacobs-Bond
<#
K W I 1/kCOB S"]felP
%
i
i
(AKKJEKO\V BONC65ON
1
"A
Perfect Day
WALTZ
A
PERFECT DAT
VALTZ
^NEJACDI»BPND
VJarrie Jacobs —Jopnd. aixd b o i x
72,6
SO. MICHIGAN AVE.
Tr-L
Carrie
Jacobs-Bond
56
THE MUSIC TRADE REVIEW
imitation of and a colorable adaptation of the title
so adopted by complainant, as aforesaid; that said
M. Witmark & Sons Secure Injunction Against
title was adopted by said defendants for the pur-
pose, and used by them with the intent of deceiving
Chicago Publishers for Alleged Infringements
the public, and palming off and selling to the public
of the Titles of "Mother Machree" and "A
said musical composition of defendants as and for
Little Bit of Heaven"—The Court Decision.
the musical composition of complainant; that said
The fact that there is still some protection for title was adopted by said defendants without the
song titles has been emphasized in the recent legal license or authority of the complainant, and that
victory scored by M. Witmark & Sons in the by using the title aforesaid to said musical com-
United States District Court in Illinois, whereby position of said defendants, said defendants have
they secured a permanent injunction against J. unlawfully, fraudulently and wilfully .infringed
Brandon Walsh, Milton Weil, J. Brandon Walsh upon the title of the musical composition so adopted
and Tell Taylor, restraining the latter from pub- by complainant, as aforesaid, and upon the ex-
lishing and selling the compositions entitled "I'm clusive rights of complainant to use the same.
"And the court doth further find that all the
Dreaming of You To-night, Mother Machree" and
"To a Little Bit of Heaven in Old Ireland." The material allegations of complainant's bill of com-
song "Mother Machree" was published and copy- plaint arc true and are to be considered, to all in-
righted in 1910 by the Witmarks, and in 1915 the tents and purposes, as if embodied herein, and that
defendants in the suit copyrighted and published a complainant is entitled to the relief prayed for."
Nathan Burkan appeared for M. Witmark &
song "I'm Dreaming To-night of You, Mother
Machree." In 1914 the Witmarks published and Sons in the action, the importance of which can
copyrighted the song "A Little Bit of Heaven, Sure hardly be overestimated.
They Call It Ireland," and shortly afterward J.
Brandon Walsh and Tell Taylor published a song
THREE ATTRACTIVE NUMBERS
entitled "To a Little Bit of Heaven in Old Ire-
Now Being Featured by the Red Star Music
land."
Co., Red Star, Ark.
M. Witmark & Sons brought suit for an injunc-
tion and damages for infringement in the United
Among the recent popular numbers published by
States District Court for the Northern District of
the Red Star Music Co., Fayetteville and Red Star,
Illinois, claiming that they were entitled to the Ark., are to be included the pleasing ballad "Love
exclusive use of both titles when used in connec- Is a Queer, Queer Creature," with lyrics by S. D.
tion with the publication and sale of musical com- Albright and music by Mabel A. Whaley; "Memo-
positions.
ries of Long Ago," another excellent ballad by
In its decision the court said, in part, regarding the same writers, and the "Whaley Special," a one-
the defendant's publications:
step or fox-trot, by Mabel A. Whaley, who is di-
"The said title, so adopted and used by the said rectress of the orchestra of the University of Ar-
defendants in connection with their said musical kansas. All three numbers are presented in at-
compositions, is sufficiently similar to the title tractive shape.
adopted by the complainant, as foresaid, as to mis-
Thomas C. Meredith, the oldest music printer in
lead the ordinary purchaser of musical composi-
tions, and to generally lead them to believe that Chicago, died last week at the home of his daugh-
the musical composition offered for sale by de- ter, Mrs. Clara M. Schaubel, 5348 Race avenue.
fendants is the musical composition published and He was born in Rome, N. Y., but had lived in Chi-
sold by complainant, and that such title is an cago the greater part of his life.
PROTECTION FOR SONG TITLES.
FEDERAL CENSORSHIP OF RAGTIME.
Proposed by Chairman of Massachusetts Feder-
ation of Woman's Clubs Meeting in Boston.
(Special to The Review.)
BOSTON, MASS., February 28.—Censorship of all
ragtime songs, through the Educational Depart-
ment or some other in which the subject might be
handled at Washington, was urged by Mrs. Rich-
ard Hamlin Jones, chairman of the Massachusetts
State Federation of Women's Clubs music depart-
ment, at a music conference at the Boston Art
Club last week.
Mrs. Jones read from a letter written by P. P.
Claxton, Commissioner of Education for the
United States, upon the importance of the study of
music upon character development. The support
of music schools by the State was also urged by
Mrs. Jones. A brief survey of the status of music
ir the United States was made and methods of co-
operation discussed by which good music may be
extended and popularized. Representatives from
the music departments of the various clubs told
what is being accomplished in their respective or-
ganizations.
NEW JACOBS'PUBLICATIONS.
Several Instrumental Numbers Just Issued by
Boston Publisher.
( Special to The Review.)
BOSTON, MASS., February 28.—Walter Jacobs has
issued several new compositions recently, among
them being a waltz, "Sunset in Eden," by John T.
Hall; "The Cradle of Liberty," march and two-
step, by Alfred E: Joy,- the cover of which contains
a picture of Faneuil Hall and is altogether attract-
ively gotten up; "Tendre Amour," by Bcrnisne G.
Clements; "Kangaroo Kanter," by Arthur C.
Moore, and "Musidora," by Norman Leigh. The
third number of Jacobs' Band Monthly is about
to be issued and the Orchestra Monthly is making
steady progress. Business in all branches of the
Jacobs business is excellent.
TWO NEW PUBLICATIONS
>
u
•
Do You Remember"
A SONG
By Carrie Jacobs-Bond
<#
K W I 1/kCOB S"]felP
%
i
i
(AKKJEKO\V BONC65ON
1
"A
Perfect Day
WALTZ
A
PERFECT DAT
VALTZ
^NEJACDI»BPND
VJarrie Jacobs —Jopnd. aixd b o i x
72,6
SO. MICHIGAN AVE.
Tr-L
Carrie
Jacobs-Bond
Future scanning projects are planned by the International Arcade Museum Library (IAML).