Music Trade Review
Issue: 1917 Vol. 65 N. 6 - Page 52
Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
THE MUSIC TRADE
48
REVIEW
CONDUCTED BY B. B. WILSON
BRINGS SUIT OVER "MEMORIES"
MUSIC ROLL COMPANY ENJOINED
HERE COMES THE MUSIC TRUST AGAIN
Plaintiff Charges That Remick Number Is an
Adaptation of One of His Contributions—Asks
Accounting, Damages and Injunction
Leo Feist, Inc., Secures Broad Restraining
Order Against Kibbey Mfg. Co., Chicago, for
Alleged Violation of Copyright Law
Great Mystery and Excitement in Popular Music
Field—Plan to Corner Output of Popular
Prints—Read and Ponder the Results
Julius E. Andino, doing business as the Mu-
sicians' Music Publishing Co., has brought suit
in the United States District Court against
Jerome H. Remick & Co., Gustav Kahn and
Egbert Van Alstyne, petitioning that the de-
fendants be restrained from selling or further
publishing a musical composition entitled
"Memories," of which the two latter defendants
are authors. The suit also asked for an ac-
counting of receipts and profits of the composi-
tion and $8,000 damages.
Andino in his complaint alleges that in 1912
he composed a musical composition entitled
"Sleepy Rose," with lyrics by Schuyler Green,
and that Green had sold his rights to the song
to the Musicians' Music Publishing Co. He
further alleges that in October, 1915, Kahn and
Van Alstyne with a knowledge of the existence
of the plaintiff's composition, wrote the song
entitled "Memories," which he claims is not
original, but is no less the same musical com-
position and thought of the composer as the
composition entitled "Sleepy Rose," although
differently arranged and adapted. He claims
that the similarity is so marked that the public
find it almost impossible to distinguish between
the two songs. The plaintiff also alleges that
he advised Remick & Co. of his claims in
November, 1916, but that the company con-
tinued selling the song.
The complaint also asked that the plates and
copies of the song in possession of Remick &
Co. be delivered to the court until the action is
determined on trial.
Leo Feist, Inc., who some months ago started
suit against the Kibbey Mfg. Co., music roll
manufacturers of Chicago, to restrain the latter
concern from using any of the plaintiff's publi-
cations for reproduction on music rolls, was last
week granted the following injunction by Judge
Landis in the United States District Court of
the Northern District of Illinois.
"It is ordered, That the defendant, Kibbey
Mfg. Co., its officers, agents, servants, employes,
attorneys and assigns, and each and all of them,
be and they are hereby enjoined and restrained
from reproducing, using, manufacturing or sell-
ing any of the musical compositions of the
plaintiff, and from reproducing, publishing, or
disposing of, or causing or permitting to be
reproduced, published and disposed of, the re-
productions heretofore made by it of the copy-
rights and musical compositions of plaintiff, un-
til the further order of the court herein."
It was charged in the complaint that the
Kibbey Co. persistently neglected to serve
notice of, or secure permission for, the use of
music controlled by the plaintiff and had neg-
lected to account for the royalties for mechani-
cal reproduction provided for in the copyright
law.
The injunction is believed to be the broadest
of its kind yet granted under the present copy-
right law and in connection with the use of
music on rolls, and it is stated that proceedings
similar to those instituted against the Kibbey
Co. will be brought against other music roll
concerns who, it is alleged, are not obeying the
law in the matter of royalty payments.
In connection with the action, Edgar F. Bit-
ner, general manager of Leo Feist, Inc., said:
"We have fought the Kibbey case and will fight
others not alone for our own interests but for
the interests of the publishing trade at large,
as well as those manufacturers of music rolls
who are paying full royalties and meeting the
various provisions of the law in connection with
their production.
"We believe it is important that the unfair
competition of those who do not comply with
the copyright law in the matter of making set-
tlements should be stopped, and shall use every
effort to that end regardless of the cost. It is
a known fact that every case of this sort costs
the publisher from five to ten times as much
money to fight as he ever gets from the final
settlement if he wins. It is therefore to be
realized that such suits are brought as a matter
of principle rather than for any idea of realizing
profit."
i-
Leo Feist, Inc., have at present another suit
against an Eastern music roll manufacturer, and
it is probable that other actions will be started
before a great while.
Tn the midst of the champion hot spell of
the season last week, the casual observer who
departed from the cooling influences of the
electric fan or the fizz long enough to do any
observing along what we may describe for
brevity as "Tin Pan Alley," might have seen
mysterious individuals with that subtle air of
wealth about them flitting in and out of the
offices of prominent publishers of popular music.
The air was surcharged with excitement in ad-
dition to the heat. The bosses and general man-
agers who generally roared about their offices
spoke in whispers. One wondered whether the
Government had conscripted the plants for war
purposes, or had placed an order for a billion
or so of patriotic songs. Nobody knew but
everybody had to guess.
Just as we are getting back to normal along
comes the explanation. It's that music trust
again. This time it is three .Croesuses—or
should it be one Croesus and two others just
like him?—who came from England with just
oodles of wealth gained in the banking business
and whose object was to buy and consolidate
eight or ten of the leading publishers of popular
music.
Those of vision declare that thirty-day options
have already been obtained upon the properties
of a number of prominent publishers, and that
the hoi polloi will soon be buying their popular
music from one big organization just like they
buy their gasoline from the Standard Oil Co.
The plan should save a lot of expense. In-
stead of a dozen patriotic songs all competing
with one another the trust would offer one
patriotic song, and the wild populace must either
buy that number or go without. All the printing
and engraving will be handled from one source
and the hard working trade paper solicitor need
only spend one dime for carfare and call at
one headquarters to get a large juicy advertising
contract, instead of spending $1.20 and the time
required to argue with a dozen advertising mana-
gers for a dozen separate contracts.
It's a great idea any way you look at it.
The National Community Music Association,
Inc., New York, has been chartered with a cap-
ital stock of $25,000 to engage in the business
of music publishing. The incorporators are E.
M. Jones, V. B. Campbell and G. Anderson, all
of New York.
McKinley's Smashing Hit
The Luscious, Sugary
Ballad Success
ENJOY WEEK=END YACHT TRIP
Mr. and Mrs. E. F. Bitner and Mr. and Mrs.
Earl Carroll the Guests of E. Z. Nutting on
the Latter's Handsome Yacht
7 cents
McKinley Music Co.
*•*
Edgar F. Bitner, general manager of Leo
Feist, Inc., with Mrs. Bitner and Mr. and Mrs.
Earl Carroll were the guests last week of E. Z.
Nutting, manager of the music department of
F. W. Woolworth Co., on a week-end cruise up
the Sound upon the latter's large yacht, the
"Priscilla." Mr. Bitner was enthusiastic over the
trip, as furnishing a complete rest, and is now
convinced that life on a private yacht is the
only life for the summer.
Consult the universal Want Directory of
The Review. In it advertisements are inserted
free of charge for men who desire positions.
'JEROME H.RE111CK&Cp:s'
^Sensational Son£ Hits
"EOR YOU A ROSE"
•IT'S TIME FOR EVERY BOY TO BE A
SOLDIER"
"SINBAD WAS IN BAD"
"SOMEWHERE ON BROADWAY"
"IF YOU EVER GET LONELY"
"SHE'S DIXIE ALL THE TIME"
"WHERE THE BLACK EYED SUSANS
GROW"
"ALONG THE WAY TO WAIKIKI"
"THERE'S EGYPT IN YOUR DREAMY
EYES"
• I CAN HEAR THE UKULELES CALLING
ME"
"THE BOMBA SHAY"
"AIN'T YOU COMING BACK TO
DIXIELAND"
"THE SWEETEST GIRL IN TENNESSEE"
••YOU'RE A GREAT BIG LONESOME
BABY"
INSTRUMENTAL
POZZO-FOX-TROT
WHISPERING HEARTS-WALTZ
TIDDLE-DE-WINKS—FOX-TROT
SANS TOI-WALTZ
JEROME H. REMICK & CO.
09 ftsrWSt ItnrtwOrr |t» Itsrfut Ji fcnopftoonc torn to Qncm
THE MUSIC TRADE
48
REVIEW
CONDUCTED BY B. B. WILSON
BRINGS SUIT OVER "MEMORIES"
MUSIC ROLL COMPANY ENJOINED
HERE COMES THE MUSIC TRUST AGAIN
Plaintiff Charges That Remick Number Is an
Adaptation of One of His Contributions—Asks
Accounting, Damages and Injunction
Leo Feist, Inc., Secures Broad Restraining
Order Against Kibbey Mfg. Co., Chicago, for
Alleged Violation of Copyright Law
Great Mystery and Excitement in Popular Music
Field—Plan to Corner Output of Popular
Prints—Read and Ponder the Results
Julius E. Andino, doing business as the Mu-
sicians' Music Publishing Co., has brought suit
in the United States District Court against
Jerome H. Remick & Co., Gustav Kahn and
Egbert Van Alstyne, petitioning that the de-
fendants be restrained from selling or further
publishing a musical composition entitled
"Memories," of which the two latter defendants
are authors. The suit also asked for an ac-
counting of receipts and profits of the composi-
tion and $8,000 damages.
Andino in his complaint alleges that in 1912
he composed a musical composition entitled
"Sleepy Rose," with lyrics by Schuyler Green,
and that Green had sold his rights to the song
to the Musicians' Music Publishing Co. He
further alleges that in October, 1915, Kahn and
Van Alstyne with a knowledge of the existence
of the plaintiff's composition, wrote the song
entitled "Memories," which he claims is not
original, but is no less the same musical com-
position and thought of the composer as the
composition entitled "Sleepy Rose," although
differently arranged and adapted. He claims
that the similarity is so marked that the public
find it almost impossible to distinguish between
the two songs. The plaintiff also alleges that
he advised Remick & Co. of his claims in
November, 1916, but that the company con-
tinued selling the song.
The complaint also asked that the plates and
copies of the song in possession of Remick &
Co. be delivered to the court until the action is
determined on trial.
Leo Feist, Inc., who some months ago started
suit against the Kibbey Mfg. Co., music roll
manufacturers of Chicago, to restrain the latter
concern from using any of the plaintiff's publi-
cations for reproduction on music rolls, was last
week granted the following injunction by Judge
Landis in the United States District Court of
the Northern District of Illinois.
"It is ordered, That the defendant, Kibbey
Mfg. Co., its officers, agents, servants, employes,
attorneys and assigns, and each and all of them,
be and they are hereby enjoined and restrained
from reproducing, using, manufacturing or sell-
ing any of the musical compositions of the
plaintiff, and from reproducing, publishing, or
disposing of, or causing or permitting to be
reproduced, published and disposed of, the re-
productions heretofore made by it of the copy-
rights and musical compositions of plaintiff, un-
til the further order of the court herein."
It was charged in the complaint that the
Kibbey Co. persistently neglected to serve
notice of, or secure permission for, the use of
music controlled by the plaintiff and had neg-
lected to account for the royalties for mechani-
cal reproduction provided for in the copyright
law.
The injunction is believed to be the broadest
of its kind yet granted under the present copy-
right law and in connection with the use of
music on rolls, and it is stated that proceedings
similar to those instituted against the Kibbey
Co. will be brought against other music roll
concerns who, it is alleged, are not obeying the
law in the matter of royalty payments.
In connection with the action, Edgar F. Bit-
ner, general manager of Leo Feist, Inc., said:
"We have fought the Kibbey case and will fight
others not alone for our own interests but for
the interests of the publishing trade at large,
as well as those manufacturers of music rolls
who are paying full royalties and meeting the
various provisions of the law in connection with
their production.
"We believe it is important that the unfair
competition of those who do not comply with
the copyright law in the matter of making set-
tlements should be stopped, and shall use every
effort to that end regardless of the cost. It is
a known fact that every case of this sort costs
the publisher from five to ten times as much
money to fight as he ever gets from the final
settlement if he wins. It is therefore to be
realized that such suits are brought as a matter
of principle rather than for any idea of realizing
profit."
i-
Leo Feist, Inc., have at present another suit
against an Eastern music roll manufacturer, and
it is probable that other actions will be started
before a great while.
Tn the midst of the champion hot spell of
the season last week, the casual observer who
departed from the cooling influences of the
electric fan or the fizz long enough to do any
observing along what we may describe for
brevity as "Tin Pan Alley," might have seen
mysterious individuals with that subtle air of
wealth about them flitting in and out of the
offices of prominent publishers of popular music.
The air was surcharged with excitement in ad-
dition to the heat. The bosses and general man-
agers who generally roared about their offices
spoke in whispers. One wondered whether the
Government had conscripted the plants for war
purposes, or had placed an order for a billion
or so of patriotic songs. Nobody knew but
everybody had to guess.
Just as we are getting back to normal along
comes the explanation. It's that music trust
again. This time it is three .Croesuses—or
should it be one Croesus and two others just
like him?—who came from England with just
oodles of wealth gained in the banking business
and whose object was to buy and consolidate
eight or ten of the leading publishers of popular
music.
Those of vision declare that thirty-day options
have already been obtained upon the properties
of a number of prominent publishers, and that
the hoi polloi will soon be buying their popular
music from one big organization just like they
buy their gasoline from the Standard Oil Co.
The plan should save a lot of expense. In-
stead of a dozen patriotic songs all competing
with one another the trust would offer one
patriotic song, and the wild populace must either
buy that number or go without. All the printing
and engraving will be handled from one source
and the hard working trade paper solicitor need
only spend one dime for carfare and call at
one headquarters to get a large juicy advertising
contract, instead of spending $1.20 and the time
required to argue with a dozen advertising mana-
gers for a dozen separate contracts.
It's a great idea any way you look at it.
The National Community Music Association,
Inc., New York, has been chartered with a cap-
ital stock of $25,000 to engage in the business
of music publishing. The incorporators are E.
M. Jones, V. B. Campbell and G. Anderson, all
of New York.
McKinley's Smashing Hit
The Luscious, Sugary
Ballad Success
ENJOY WEEK=END YACHT TRIP
Mr. and Mrs. E. F. Bitner and Mr. and Mrs.
Earl Carroll the Guests of E. Z. Nutting on
the Latter's Handsome Yacht
7 cents
McKinley Music Co.
*•*
Edgar F. Bitner, general manager of Leo
Feist, Inc., with Mrs. Bitner and Mr. and Mrs.
Earl Carroll were the guests last week of E. Z.
Nutting, manager of the music department of
F. W. Woolworth Co., on a week-end cruise up
the Sound upon the latter's large yacht, the
"Priscilla." Mr. Bitner was enthusiastic over the
trip, as furnishing a complete rest, and is now
convinced that life on a private yacht is the
only life for the summer.
Consult the universal Want Directory of
The Review. In it advertisements are inserted
free of charge for men who desire positions.
'JEROME H.RE111CK&Cp:s'
^Sensational Son£ Hits
"EOR YOU A ROSE"
•IT'S TIME FOR EVERY BOY TO BE A
SOLDIER"
"SINBAD WAS IN BAD"
"SOMEWHERE ON BROADWAY"
"IF YOU EVER GET LONELY"
"SHE'S DIXIE ALL THE TIME"
"WHERE THE BLACK EYED SUSANS
GROW"
"ALONG THE WAY TO WAIKIKI"
"THERE'S EGYPT IN YOUR DREAMY
EYES"
• I CAN HEAR THE UKULELES CALLING
ME"
"THE BOMBA SHAY"
"AIN'T YOU COMING BACK TO
DIXIELAND"
"THE SWEETEST GIRL IN TENNESSEE"
••YOU'RE A GREAT BIG LONESOME
BABY"
INSTRUMENTAL
POZZO-FOX-TROT
WHISPERING HEARTS-WALTZ
TIDDLE-DE-WINKS—FOX-TROT
SANS TOI-WALTZ
JEROME H. REMICK & CO.
09 ftsrWSt ItnrtwOrr |t» Itsrfut Ji fcnopftoonc torn to Qncm
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