Music Trade Review
Issue: 1916 Vol. 62 N. 4 - Page 56
Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
52
THE MUSIC TRADE REVIEW
Conducted by B. B. Wilson
CANNOT COLLECT SONG ROYALTIES FROM CABARETS.
United
States Circuit Court of Appeals Hands Down Decision in Case of Victor
Against the Shanley Hotel Co. in Favor of Defendants.
As a result of the decision handed down by the
United States Circuit Court of Appeals last week,
it would appear that the only result of the legal
campaign carried on by the American Society of
Authors, 'Composers and Publishers will be some
experience and attorneys' bills, regrettable as it
may appear. The decision of the Circuit Court^of
Appeals was in the appeal of the suit brought by
Victor Herbert against the Shanley Restaurant
Co. to collect royalty for the singing of "Sweet-
hearts," a song from an opera of that name, in a
cabaret performance in the Shanley restaurant, and
to enjoin the further use of the song. The District
Court decided against the plaintiff and the case
was taken to the 'Circuit Court of Appeals. The
District 'Court held that when the song was pub-
lished and sold it ceased to be part of a copyrighted
opera, and therefore not entitled to copyright pro-
tection.
The opinion of the Circuit Court of Appeals was
written by Judge Rogers and it was concurred in
TWO
NEW HARRIS BALLADS.
Herbert
by the other justices of the court, Judges Lacombe
and Coxe, so there can be no further appeal taken.
The opinion states that by the publication of the
song separately from the rest of the opera the
plaintiff lost his right to claim dramatic copyright
protection. The song could not be copyrighted
separately from the opera. If the published copy
of the song had stated that it was a part of a
copyrighted play or dramatic musical composition,
the court is of the opinion that the plaintiff might
have had some legal grounds on which to base an
action, but under the circumstances it holds that
plaintiff has no case whatever or ground for action.
The decision also takes account of the fact that
there is no admission fee charged in a restaurant,
which would indicate that the performance was
not for profit.
Only a short time ago a suit on similar grounds
brought by the John Church Co. against the Hotel
Vanderbilt was finally decided in favor of the
defendants.
WINS $250 PRIZE FOR CITY SONG.
'All I Want Is a Cottage, Some Roses and
You," and "The Story of a Soul," Announced
for Publication by Chas. K. Harris.
Mrs. Theodore Hemberger Credited with Pre-
senting Best Music for Poem by McKInsey.
Charles K. Harris has been particularly busy in
his studio during the last few weeks, with the result
that there has been announced the publication of
two new ballads. One song, for which Mr. Harris
is wholly responsible, is entitled: "All I Want Is
a Cottage, Some Roses and You," and possesses a
particularly attractive melody with a pleasing Irish
lilt to it. Tn the chorus, too, Mr. Harris has suc-
ceeded in incorporating three distinct themes, which
is declared not to be according to Hoyle, but which
i= very effective nevertheless.
The second number is called "The Story of a
Soul," and is in the nature of a child ballad, with
excellent lyrics by Leo Wood and music by
Mr. Harris.
BALTIMORE, MD., January 17.^The city's prize of
$250 in gold for the best musical setting for Folger
McKinsey's poem on Baltimore was awarded to
Airs. Theodor Hemberger, 2326 Harlem avenue.
Frederick R. Huber, of the Peabody Institute,
said the committee received 300 different musical
settings, the contestants living in thirty-six States of
the Union. One came from Honolulu. It was
gratifying to the Mayor and the members of the
committee in charge of the contest that both the
words and the music of the official anthem for
Baltimore should have been written by Balti-
moreans, the author of the poem itself being "The
Bentztown Bard," Mr. McXinsey.
It was decided to have the anthem sung in public
for the first time at a concert at the Lyric in the
afternoon of Washington's Birthday, Tuesday, Feb-
ruary 22. It will be given by public school children
and the United Singers of Baltimore, probably
under the direction of Theodor Hemberger, hus-
band of the winner of the prize.
(Special to The Review.)
Another Big Waltz Ballad Success
,By the Composer of
"ONE WONDERFUL NIGHT"
LOCAL ASSOCIATION TO MEET.
EONLY YOU
yfy&T' ly.,, bv
AKftUjRJLAMB
J
Ft jnk K Root & Co
M u i ,cby
( L \Rt I\CL >! JONES
The next meeting of the Greater New York
Music Publishers' and Dealers' Association will be
held on February 15 at the Hotel Breslin, New
York, at which there will be presented the first
annual report of the association. The election of
officers will also be held on that date.
The nominating committee of the association has
presented the following names for officers and di-
rectors for the coming year:
For president, W. L. Coghill.
- For vice-president, Ted Snyder, Charles K. Har-
ris, Louis Bernstein, Michael Keane, Walter
Fischer.
For secretary, J. T. Roach.
For treasurer, J. A. Glassmacher.
For governors, any five of the following: Walter
Eastman, -George Fischer, Walter Fischer, Michael
Keane, E. B. Marks, S. Ernest Philpitt, Joseph
M. Priaulx, Jerome H. Remick, William Teller,
Julius Witmark.
CHICAGO NCWYORK
w^m
Published by
"THE HOUSE OF GOOD
CHICAGO
BALLADS"
McKINLEY MUSIC CO.
Helen Trix, who is well known in vaudeville and
who has been in the habit of writing the jingly,
melodious material for her own vaudeville acts,
has signed a contract with J. H. Remick & Co. to
supply her songs, both words and music, to that
concern exclusively for a fixed term.
HUBBARDCARUSO OPERA READY.
Piece for Which Elbert Hubbard Wrote the
Book, Enrico Caruso the Music and Earl
Carroll the Lyrics, to be Presented by
Morosco Some Time Next Season.
The light opera announced about two years ago,
and for which the late Elbert Hubbard was to sup-
ply the book, Enrico Caruso the score and Earl
Carroll the lyrics, is finally completed and ready
for production, according to report, and will be
presented by Oliver Morosco under the title of
"Salmagundi." It is probable that the piece will
not be ready for staging until some time next
season.
"M=O=T=H=E=R" BIG HIT IN THE WEST.
Cleaning Up in Chicago, Declares E. F. Bitner,
on Return from Visit to that City.
Edgar F. Bitner, general manager for Leo Feist,
Inc., returned on Monday of this week from a
visit to the Chicago headquarters of his company
full of enthusiasm regarding the present status of
the Feist prints in the West and the prospects for
the immediate future. "M-O-T-H-E-R." declared
Air. Bitner, is the big thing in the Windy City and
it? environments and was heard for five weeks in
succession at one theatre. The song has also been
selling at a particularly rapid rate, a fact com-
mented upon freely by the music dealers.
''Don't Bite the Hand That's Feeding You" is
also gaining in popularity in the West and, accord-
ing to schedule, will be heard in practically every
theatre in Chicago this week, which is considerable
of a record.
DEATH OF SAMUEL LUCAS.
Veteran Song Writer and Entertainer Passes
Away in Seventy-fifth Year.
Samuel Lucas, author of the song "Grandfather's
Clock," and known as one of the most original en-
tertainers on the American stage for nearly a half
century, died last week at his home in New York
at the age of seventy-five years. He continued in
vaudeville until a month ago. A daughter, Miss
Marie Lucas, a pianist, survives. Mr. Lucas was
a charter member of Lodge No. 1 of the Order of
Elks.
JERQUE H.RE«aft]
Servsatiorva! Sorvg Hits
NO ONE BUT YOUR DEAR OLD DAD
MOLLY DEAR ITS YOU 111 AFTER
['SHE'S GOOD ENOUGH TO VOTE WITH YOU" |
LOADING UP THE fiANDY LEE"
MEMORIES"
"SOONER OR L A T E R "
"SAVE YOUR KISSES TILL THE BOYS COME HOME"
"SWEETEST GIRL IN MONTEREY
"UNDERNEATH THE S T A R S "
IN THE VALLEY OF THE NILE "
INSTRUMENTAL
"ROSEMARY WALTZES"
KANGAROO HOP
Fox T r o t
TINKLE BELL Waltz
52
THE MUSIC TRADE REVIEW
Conducted by B. B. Wilson
CANNOT COLLECT SONG ROYALTIES FROM CABARETS.
United
States Circuit Court of Appeals Hands Down Decision in Case of Victor
Against the Shanley Hotel Co. in Favor of Defendants.
As a result of the decision handed down by the
United States Circuit Court of Appeals last week,
it would appear that the only result of the legal
campaign carried on by the American Society of
Authors, 'Composers and Publishers will be some
experience and attorneys' bills, regrettable as it
may appear. The decision of the Circuit Court^of
Appeals was in the appeal of the suit brought by
Victor Herbert against the Shanley Restaurant
Co. to collect royalty for the singing of "Sweet-
hearts," a song from an opera of that name, in a
cabaret performance in the Shanley restaurant, and
to enjoin the further use of the song. The District
Court decided against the plaintiff and the case
was taken to the 'Circuit Court of Appeals. The
District 'Court held that when the song was pub-
lished and sold it ceased to be part of a copyrighted
opera, and therefore not entitled to copyright pro-
tection.
The opinion of the Circuit Court of Appeals was
written by Judge Rogers and it was concurred in
TWO
NEW HARRIS BALLADS.
Herbert
by the other justices of the court, Judges Lacombe
and Coxe, so there can be no further appeal taken.
The opinion states that by the publication of the
song separately from the rest of the opera the
plaintiff lost his right to claim dramatic copyright
protection. The song could not be copyrighted
separately from the opera. If the published copy
of the song had stated that it was a part of a
copyrighted play or dramatic musical composition,
the court is of the opinion that the plaintiff might
have had some legal grounds on which to base an
action, but under the circumstances it holds that
plaintiff has no case whatever or ground for action.
The decision also takes account of the fact that
there is no admission fee charged in a restaurant,
which would indicate that the performance was
not for profit.
Only a short time ago a suit on similar grounds
brought by the John Church Co. against the Hotel
Vanderbilt was finally decided in favor of the
defendants.
WINS $250 PRIZE FOR CITY SONG.
'All I Want Is a Cottage, Some Roses and
You," and "The Story of a Soul," Announced
for Publication by Chas. K. Harris.
Mrs. Theodore Hemberger Credited with Pre-
senting Best Music for Poem by McKInsey.
Charles K. Harris has been particularly busy in
his studio during the last few weeks, with the result
that there has been announced the publication of
two new ballads. One song, for which Mr. Harris
is wholly responsible, is entitled: "All I Want Is
a Cottage, Some Roses and You," and possesses a
particularly attractive melody with a pleasing Irish
lilt to it. Tn the chorus, too, Mr. Harris has suc-
ceeded in incorporating three distinct themes, which
is declared not to be according to Hoyle, but which
i= very effective nevertheless.
The second number is called "The Story of a
Soul," and is in the nature of a child ballad, with
excellent lyrics by Leo Wood and music by
Mr. Harris.
BALTIMORE, MD., January 17.^The city's prize of
$250 in gold for the best musical setting for Folger
McKinsey's poem on Baltimore was awarded to
Airs. Theodor Hemberger, 2326 Harlem avenue.
Frederick R. Huber, of the Peabody Institute,
said the committee received 300 different musical
settings, the contestants living in thirty-six States of
the Union. One came from Honolulu. It was
gratifying to the Mayor and the members of the
committee in charge of the contest that both the
words and the music of the official anthem for
Baltimore should have been written by Balti-
moreans, the author of the poem itself being "The
Bentztown Bard," Mr. McXinsey.
It was decided to have the anthem sung in public
for the first time at a concert at the Lyric in the
afternoon of Washington's Birthday, Tuesday, Feb-
ruary 22. It will be given by public school children
and the United Singers of Baltimore, probably
under the direction of Theodor Hemberger, hus-
band of the winner of the prize.
(Special to The Review.)
Another Big Waltz Ballad Success
,By the Composer of
"ONE WONDERFUL NIGHT"
LOCAL ASSOCIATION TO MEET.
EONLY YOU
yfy&T' ly.,, bv
AKftUjRJLAMB
J
Ft jnk K Root & Co
M u i ,cby
( L \Rt I\CL >! JONES
The next meeting of the Greater New York
Music Publishers' and Dealers' Association will be
held on February 15 at the Hotel Breslin, New
York, at which there will be presented the first
annual report of the association. The election of
officers will also be held on that date.
The nominating committee of the association has
presented the following names for officers and di-
rectors for the coming year:
For president, W. L. Coghill.
- For vice-president, Ted Snyder, Charles K. Har-
ris, Louis Bernstein, Michael Keane, Walter
Fischer.
For secretary, J. T. Roach.
For treasurer, J. A. Glassmacher.
For governors, any five of the following: Walter
Eastman, -George Fischer, Walter Fischer, Michael
Keane, E. B. Marks, S. Ernest Philpitt, Joseph
M. Priaulx, Jerome H. Remick, William Teller,
Julius Witmark.
CHICAGO NCWYORK
w^m
Published by
"THE HOUSE OF GOOD
CHICAGO
BALLADS"
McKINLEY MUSIC CO.
Helen Trix, who is well known in vaudeville and
who has been in the habit of writing the jingly,
melodious material for her own vaudeville acts,
has signed a contract with J. H. Remick & Co. to
supply her songs, both words and music, to that
concern exclusively for a fixed term.
HUBBARDCARUSO OPERA READY.
Piece for Which Elbert Hubbard Wrote the
Book, Enrico Caruso the Music and Earl
Carroll the Lyrics, to be Presented by
Morosco Some Time Next Season.
The light opera announced about two years ago,
and for which the late Elbert Hubbard was to sup-
ply the book, Enrico Caruso the score and Earl
Carroll the lyrics, is finally completed and ready
for production, according to report, and will be
presented by Oliver Morosco under the title of
"Salmagundi." It is probable that the piece will
not be ready for staging until some time next
season.
"M=O=T=H=E=R" BIG HIT IN THE WEST.
Cleaning Up in Chicago, Declares E. F. Bitner,
on Return from Visit to that City.
Edgar F. Bitner, general manager for Leo Feist,
Inc., returned on Monday of this week from a
visit to the Chicago headquarters of his company
full of enthusiasm regarding the present status of
the Feist prints in the West and the prospects for
the immediate future. "M-O-T-H-E-R." declared
Air. Bitner, is the big thing in the Windy City and
it? environments and was heard for five weeks in
succession at one theatre. The song has also been
selling at a particularly rapid rate, a fact com-
mented upon freely by the music dealers.
''Don't Bite the Hand That's Feeding You" is
also gaining in popularity in the West and, accord-
ing to schedule, will be heard in practically every
theatre in Chicago this week, which is considerable
of a record.
DEATH OF SAMUEL LUCAS.
Veteran Song Writer and Entertainer Passes
Away in Seventy-fifth Year.
Samuel Lucas, author of the song "Grandfather's
Clock," and known as one of the most original en-
tertainers on the American stage for nearly a half
century, died last week at his home in New York
at the age of seventy-five years. He continued in
vaudeville until a month ago. A daughter, Miss
Marie Lucas, a pianist, survives. Mr. Lucas was
a charter member of Lodge No. 1 of the Order of
Elks.
JERQUE H.RE«aft]
Servsatiorva! Sorvg Hits
NO ONE BUT YOUR DEAR OLD DAD
MOLLY DEAR ITS YOU 111 AFTER
['SHE'S GOOD ENOUGH TO VOTE WITH YOU" |
LOADING UP THE fiANDY LEE"
MEMORIES"
"SOONER OR L A T E R "
"SAVE YOUR KISSES TILL THE BOYS COME HOME"
"SWEETEST GIRL IN MONTEREY
"UNDERNEATH THE S T A R S "
IN THE VALLEY OF THE NILE "
INSTRUMENTAL
"ROSEMARY WALTZES"
KANGAROO HOP
Fox T r o t
TINKLE BELL Waltz
Future scanning projects are planned by the International Arcade Museum Library (IAML).