Music Trade Review
Issue: 1917 Vol. 65 N. 16 - Page 59
Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
THE
WITMARK & SONS BRING SUIT
Music Publishers Start Action for Injunction,
Accounting and Damages Against Leo Feist,
Inc., Ernest R. Ball and J. Kiern Brennan—
Breach of Contract Alleged in Complaint
M. Witmark & Sons filed suit in the Supreme
Court last week against Leo Feist, Inc., Ernest
R. Ball and J. Kiern Brennan, the song writers,
asking that the Feist concern be enjoined from
selling or distributing any of the compositions
of Ball and Brennan, and that all three defend-
ants be ordered to give an accounting and pay
damages. It is claimed by the Witmarks that
they have an exclusive contract with Ball and
Brennan to publish all their compositions and
that the contract has been broken.
In addition to an accounting and damages, the
bill of complaint also asks that the song "With
All My Heart and Soul," together with the copy-
right covering same, be turned over to the Wit-
marks by Feist, and that the copyright on other
songs placed with Feist by Ball and Brennan
also be turned over and that the contract exist-
ing between Feist and the song writers be de-
clared void by the court.
The papers in the action prepared by Nathan
Burkan, the Witmark attorney, were served on
the Feist attorneys, Gilbert & Gilbert, who stated
MUSIC TRADE
55
REVIEW
in regard to the matter: "In our answer we
shall declare that we inquired into the relations
of Ball and Brennan with the Witmarks be-
fore contracting for their services, and from
what they told us we concluded that the Wit-
marks had breached their contract with the song
writers through failing to pay them royalties
alleged to be due them. In reply to the charge
that Leo Feist, Inc., took the song writers away
from a competing house we would say that Ball
and Brennan were apparently dissatisfied with
their former arrangements, and that the contract
they received from Leo Feist, Inc., was not as
favorable to them as the one they had held with
the Witmarks." In the case of Ball and Bren-
nan the papers of complaint were served on
their attorney, J. A. Timony.
It is understood unofficially that the question
of the status of the Witmark contract with
Ball and Brennan rests upon the granting of
mechanical rights for works of the latter.
REMICK'S NEW COMEDY SONG
Jerome H. Remick & Co., New York, have
just issued a clever new comedy song, with
lyrics by Haven Gillespie, and music by Henry
I. Marshall, entitled "Somebody's Going to Get
the Bee." The number is being featured in
vaudeville by the Ford Sisters and others.
"BLIGHTY" SONGS RAGE IN LONDON
Prevalence of New Term Makes the Accom-
panying Definition of Timely Interest
According to cable despatches from London,
the "Blighty" songs are all the rage there, and
there has been some discussion on this side as
to the exact meaning of the word "blighty." In
answer to a query from this side an English cor-
respondent writes:
"Replying to your query as to the meaning of
the word 'Blighty,' this term is now being very
much used by the soldiers of the Allies in
France and elsewhere in returning home. 1
have very frequently seen it used by friends in
the fighting line in addressing their letters to
England from the front, but as a matter of fact
the word itself is not confined to England but
to any place that is home. Probably before
long your boys will be writing home from
France using the same word in connection with
'God's Own Country.'
The word, I believe,
originally came from Hindustani, doubtlessly
brought over the seas by the East Indian
troops that were in France early in the war. It
seems a most peculiar fact that the 'Tommies'
in the trenches always look forward to getting
a 'Blighty Wound/ this being a wound that is
just serious enough to take them home."
IIH
THE Two Outstanding IONGS OF HOM& I
APPROPRIATE TO THE MOMENT.
Music by
W. H.SQUIRE
Words by
FRED.E.WEATHERLY
No. a i n E\>
No. 4 in G
N o . 3 in F
Words by
E. TESCHEMACHER
Music by
F. DOREL
To
Troops Overseas
Copyright MCMXVI by Boosey & Co.
p Moderato
^m
Efc
When-you come home,dear, all will be fair,
J
Home is not
ten.
There is a land I
heart,dear,
E-veritsvoice is
love,
Far far away from here,
rit. f
^ J IJ J
home if
softly
you are not there,- You in my
tnf ~r
No.4 inEl>
r-i
American Edition - Copyright MCMXVII by Boosey <£ Co.
The American
Andante
No.3 in
No.3 in C
No. l i n B\>
call - ing,
Ten- der and
clear.
«
you at my side, Whenyou come home at _ ev -
en-tide
Birds in the garden, all day long
Singing for me their happy song,
Flow'rs in the sunshine, wind and dew,
All of them.speak to me of you.
You that I long for, near or far,
You that I follow like a star,
Days may be weary, weary and long,
You will come home at even-song!
When you come home,dear, when you come home,
No more to leave me, no more to roam,
God will remember! God will provide!
When you come home at eventide.
Published in Four Keys, as above, to suit all voices,
and obtainable where music is sold
For 40 cents.(Net Cash)
BOOSEY & Co.
Joy inmyheart a-wakes, .
rit.
1
Hear-ingthatsongso true,
p raU.
J Ij
For thro'the lonely world I go,
J
i
Long-ing forhomeand you.
There is a heart I love,
Waiting beyond the foam,
Watching for me and praying,
Calling me ho'me.
Life that is sweet and fair,
Love that shall wake anew,
Will they not crown your soul and mine
When I come home to you!
Published in Four Keys, as above, to suit all voices,
and obtainable where music is sold
For 40 cents (Net Cash)
The House of Song Fame, - New York, - Toronto, London, (Eng.)
l
THE
WITMARK & SONS BRING SUIT
Music Publishers Start Action for Injunction,
Accounting and Damages Against Leo Feist,
Inc., Ernest R. Ball and J. Kiern Brennan—
Breach of Contract Alleged in Complaint
M. Witmark & Sons filed suit in the Supreme
Court last week against Leo Feist, Inc., Ernest
R. Ball and J. Kiern Brennan, the song writers,
asking that the Feist concern be enjoined from
selling or distributing any of the compositions
of Ball and Brennan, and that all three defend-
ants be ordered to give an accounting and pay
damages. It is claimed by the Witmarks that
they have an exclusive contract with Ball and
Brennan to publish all their compositions and
that the contract has been broken.
In addition to an accounting and damages, the
bill of complaint also asks that the song "With
All My Heart and Soul," together with the copy-
right covering same, be turned over to the Wit-
marks by Feist, and that the copyright on other
songs placed with Feist by Ball and Brennan
also be turned over and that the contract exist-
ing between Feist and the song writers be de-
clared void by the court.
The papers in the action prepared by Nathan
Burkan, the Witmark attorney, were served on
the Feist attorneys, Gilbert & Gilbert, who stated
MUSIC TRADE
55
REVIEW
in regard to the matter: "In our answer we
shall declare that we inquired into the relations
of Ball and Brennan with the Witmarks be-
fore contracting for their services, and from
what they told us we concluded that the Wit-
marks had breached their contract with the song
writers through failing to pay them royalties
alleged to be due them. In reply to the charge
that Leo Feist, Inc., took the song writers away
from a competing house we would say that Ball
and Brennan were apparently dissatisfied with
their former arrangements, and that the contract
they received from Leo Feist, Inc., was not as
favorable to them as the one they had held with
the Witmarks." In the case of Ball and Bren-
nan the papers of complaint were served on
their attorney, J. A. Timony.
It is understood unofficially that the question
of the status of the Witmark contract with
Ball and Brennan rests upon the granting of
mechanical rights for works of the latter.
REMICK'S NEW COMEDY SONG
Jerome H. Remick & Co., New York, have
just issued a clever new comedy song, with
lyrics by Haven Gillespie, and music by Henry
I. Marshall, entitled "Somebody's Going to Get
the Bee." The number is being featured in
vaudeville by the Ford Sisters and others.
"BLIGHTY" SONGS RAGE IN LONDON
Prevalence of New Term Makes the Accom-
panying Definition of Timely Interest
According to cable despatches from London,
the "Blighty" songs are all the rage there, and
there has been some discussion on this side as
to the exact meaning of the word "blighty." In
answer to a query from this side an English cor-
respondent writes:
"Replying to your query as to the meaning of
the word 'Blighty,' this term is now being very
much used by the soldiers of the Allies in
France and elsewhere in returning home. 1
have very frequently seen it used by friends in
the fighting line in addressing their letters to
England from the front, but as a matter of fact
the word itself is not confined to England but
to any place that is home. Probably before
long your boys will be writing home from
France using the same word in connection with
'God's Own Country.'
The word, I believe,
originally came from Hindustani, doubtlessly
brought over the seas by the East Indian
troops that were in France early in the war. It
seems a most peculiar fact that the 'Tommies'
in the trenches always look forward to getting
a 'Blighty Wound/ this being a wound that is
just serious enough to take them home."
IIH
THE Two Outstanding IONGS OF HOM& I
APPROPRIATE TO THE MOMENT.
Music by
W. H.SQUIRE
Words by
FRED.E.WEATHERLY
No. a i n E\>
No. 4 in G
N o . 3 in F
Words by
E. TESCHEMACHER
Music by
F. DOREL
To
Troops Overseas
Copyright MCMXVI by Boosey & Co.
p Moderato
^m
Efc
When-you come home,dear, all will be fair,
J
Home is not
ten.
There is a land I
heart,dear,
E-veritsvoice is
love,
Far far away from here,
rit. f
^ J IJ J
home if
softly
you are not there,- You in my
tnf ~r
No.4 inEl>
r-i
American Edition - Copyright MCMXVII by Boosey <£ Co.
The American
Andante
No.3 in
No.3 in C
No. l i n B\>
call - ing,
Ten- der and
clear.
«
you at my side, Whenyou come home at _ ev -
en-tide
Birds in the garden, all day long
Singing for me their happy song,
Flow'rs in the sunshine, wind and dew,
All of them.speak to me of you.
You that I long for, near or far,
You that I follow like a star,
Days may be weary, weary and long,
You will come home at even-song!
When you come home,dear, when you come home,
No more to leave me, no more to roam,
God will remember! God will provide!
When you come home at eventide.
Published in Four Keys, as above, to suit all voices,
and obtainable where music is sold
For 40 cents.(Net Cash)
BOOSEY & Co.
Joy inmyheart a-wakes, .
rit.
1
Hear-ingthatsongso true,
p raU.
J Ij
For thro'the lonely world I go,
J
i
Long-ing forhomeand you.
There is a heart I love,
Waiting beyond the foam,
Watching for me and praying,
Calling me ho'me.
Life that is sweet and fair,
Love that shall wake anew,
Will they not crown your soul and mine
When I come home to you!
Published in Four Keys, as above, to suit all voices,
and obtainable where music is sold
For 40 cents (Net Cash)
The House of Song Fame, - New York, - Toronto, London, (Eng.)
l
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