Music Trade Review
Issue: 1918 Vol. 67 N. 19 - Page 50
Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
46
THE
MUSIC
TRADE
REVIEW
A SONG IS NEW WHEN PUBLISHED
NO MONEY IN THE MUSIC BUSINESS?
London Court Holds That the Newness of a
Song Depends Upon When It Was Pub-
lished and Not When It Was Written
Music Dealer Comments Upon the Situation in
the Trade and Declares That Present Condi-
. tion of Small Discounts to the Public and
Therefore More Profits Will Not Continue
A case of interest to the sheet music trade
generally was heard recently in the London,
England, courts which the Frederick Harris
Co. brought against Warren & Phillips, music
publishers of that city, to enjoin the latter from
advertising or selling a song entitled "Write to
Me Often," as being a new song by Carrie
Jacobs-Bond. The courts held that the new-
ness of a song depended largely upon when it
was published rather than when it was written,
and, therefore, there was no cause for action.
The court also decided against the plaintiff in
the action of the complaint wherein it was stated
that the title page of "Write to Me Often" was
gotten up in a manner similar to the title page
of "A Perfect Day," one of Mrs. Jacobs-Bond's
latest songs.
In commenting upon the action "The Piano-
maker" said:
"Those members of the trade who followed
the case in court presaged a victory for defend-
ants, and in our opinion Justice Eve's decision
was the only possible verdict. The question
of the 'newness' of a song does not rest with
when it was written by the composer, but when
the publisher deems fit to put it on the mar-
ket. How many successful songs have been
pigeon-holed for years before the right moment
arrived for publication? Many of the present
wartime successes would have proved absolute
failures in pre-war days, and if a publisher pur-
chases the copyright, it is for him to say when
it shall be published, except there be an express
agreement as to publication.
Plaintiff con-
tended that 'Write to Me Often' was not one of
Carrie Jacobs-Bond's new songs, but he had to
admit in the witness-box that he himself ad-
vertised in March, 1917, as new compositions
songs that were composed by Carrie Jacobs-
Bond in 1901." "The Pianomaker" then quotes
from the Times report Justice Eve's judgment,
which decided that the action wholly failed and
dismissed it with costs. From this report it is
gathered that Justice Eve thought there were
attempts to draw a line of demarcation between
Mrs. Jacobs-Bond's productions before 1908,
when "A Perfect Day" was first published, and
after that date, and to establish thereby the ex-
istence of two distinct classes, or categories,
into which her work is divisible. In reference
to this the Justice is thus quoted in the Times
report:
". . . although Harris would now
wish to fix the year 1908 as the dividing line
between Mrs. Jacobs-Bond's old and new work,
he had to admit in the box that in March, 1917,
he was himself advertising songs, composed as
long ago as 1901, as 'New songs by Carrie
Jacobs-Bond, composer of "A Perfect Day."'
Finally, it is well settled that these courts do
not sit to adjudicate on the relative merits of
the productions of different tradespeople, or
rival authors, or even of a single author or
artist at different stages of his career."
ROBERT TELLER SONS & DORNER
Music Engravers and Printers
SEND MANUSCRIPT AND IDEA OF
TITLE FOR ESTIMATE
311 West 43d Street
New York City
Pace &. Handy, originators of the "BLUES,"
specialists in rags and Southern ballads, offer
"The Song the Sunny Southland Sings"
"A Good MaiTislard to Find"
and
"Beale Street Blues"
SEND FOR CATALOG
PACE & HANDY MUSIC CO., Inc.
1547 Broadway (Gaiety Theatre Bldg.), NEW YORK
It is a fact, generally admitted, that the profits
in the retail sheet music business are compara-
tively small in view of the investment required
and the personal attention required in such a
business. However, music dealers have taken
steps to put their affairs on a better basis, and
as a result have enjoyed a fair amount of pros-
perity during the year. At least one dealer,
Henry K. White, of Northampton, Mass., is
skeptical regarding the lasting qualities of the
present trade reform in the matter of discounts,
etc. In a letter to The Review he says:
"At a time when I was connected with the
wholesale department of a large music publish-
ing house I once said to the manager that De-
cember was a hard month for the dealers to pay
for their stock orders. He admitted that it was
true, but added that there were eleven other
hard months. In fact, it is proverbial that there
is no money in the music business.
"Contrary to former experiences, however, the
past year seems to have been an easier one,
actually a fairly profitable one, not because
there has been more music sold, but because on
many items there has been a smaller discount
allowed to the public.
• "Now what is the prospect? Is this happy
condition to prevail? 1 am afraid not, and I
base my pessimism on the move being made
to do away with all discounts to the public,
marking a piece at exactly what it is to be sold.
"There have been certain reasons given for
this reform, but so far I have not heard of any
demand having been made for it. The Music
Dealers' Association, I believe, recommended it
last year—for which I hope they are already
sorry—but, on the whole, it appears to be largely
a spontaneous move on the part of some of the
publishers, as something reasonable, not with
any necessity appearing.
The argument is
very weak, namely, that the established custom
of listing music at a different price from that
at which it is to be sold is antiquated, incon-
sistent and not according to common sense.
But I would like to ask—which is better, to be
inconsistent and make a profit, or the reverse
and fail? We've 'got to go over or under,' and
The Song of the Moment
"KEEP THE HOME-
FIRES BURNING"
('Till the Boys Come Home)
CHAPPELL & CO., Ltd.
41 East 34th St.
NEW YORK
WHEN TAPS ARE
SOFTLY BLOWING
WATSON'S NEW
WAR BALLAD
A MESSAGE OF
GOOD CHEER
TO THE
MILLIONS OF
"KHAKI BILLS"
IN FRANCE
Order from your
regular jobber
7 Cents P e r Copy
C. L. BARNHOUSE, Oskaloosa, Iowa
NOVEMBER 9,
1918
TO MUSIC DEALERS
WE ARE JOBBERS
OF MUSIC
Popular, Classic, Music
Books and Studies
Our price* on all classes of muiic -will average the
lowest. Located in the center of the country and
carrying the tremendous stock that we do we are
in a position to supply all your wants at a SAVING
TO YOU OF TIME. MONEY AND EXPRESS
CHARGES.
All orders shipped the day we get them.
GIVE US A TRIAL ORDER
McKINLEY MUSIC CO.
1501-1513 E. 55th S t r e e t
CHICAGO
this squeezing the lemon at both ends, raising
the wholesale price and lowering the marking,
is likely to send us under.
"The plan of selling at one-third off was just
getting well established, was accepted by the
public without a murmur, gave us a good year,
and was so sensible if not consistent, I cannot
see why, just on the score of sentiment—for
that is all it amounts to—it could not have
been let alone. Nobody is going to be any hap-
pier for the reform and some of us are likely to
suffer some loss."
HOW OFTEN IS SUCH THE CASE
A famous musician, who was asked to criticize
the work of a young composer, after examining
it carefully, said: "There is much here that is
very beautiful and much that is new." The
young composer smiled delightedly and bowed
low. "But," continued he, "that which is new
is not beautiful and that which is beautiful is
not new."
WHY BERNHARDT SMILES
Harry Bernhardt, Eastern sales manager for
the A. J. Stasny Music Co., is being congratu-
lated by his friends throughout the trade upon
the recent arrival in his home of a bouncing
baby boy.
The Kaiser has not invested in War Savings
Stamps. Are you like the Kaiser?
C. C. CHURCH & COMPANY
60 ALLYN ST., HARTFORD, CONN.
Successors to CHURCH. PAXSON & CO., New York
Two Sensational English
Ballad Successes
"Somewhere a Voice is Calling"
"The Sunshine of Your Smile"
T. B. Harms & Francis, Day & Hunter
62 West 45th Street
NEW YORK
BUY YOUR MUSIC FROM
BOSTON
Publishers
WALTER JACOBS
S Boswvrth St,
BOSTON, MASS.
**$*"
"See Dixie First"
Oliver Ditson Company
BOSTON
NEW YORK
Anticipate and supply Every Requirement of Music
White-Smith Music Pub. Co.
PUBLISHERS, PRINTERS AND ENGRAVERS OF MUSIC
Main Offices: 62-64 Stanhope St., Boston.
Branch Houses: New York and Chicago.
46
THE
MUSIC
TRADE
REVIEW
A SONG IS NEW WHEN PUBLISHED
NO MONEY IN THE MUSIC BUSINESS?
London Court Holds That the Newness of a
Song Depends Upon When It Was Pub-
lished and Not When It Was Written
Music Dealer Comments Upon the Situation in
the Trade and Declares That Present Condi-
. tion of Small Discounts to the Public and
Therefore More Profits Will Not Continue
A case of interest to the sheet music trade
generally was heard recently in the London,
England, courts which the Frederick Harris
Co. brought against Warren & Phillips, music
publishers of that city, to enjoin the latter from
advertising or selling a song entitled "Write to
Me Often," as being a new song by Carrie
Jacobs-Bond. The courts held that the new-
ness of a song depended largely upon when it
was published rather than when it was written,
and, therefore, there was no cause for action.
The court also decided against the plaintiff in
the action of the complaint wherein it was stated
that the title page of "Write to Me Often" was
gotten up in a manner similar to the title page
of "A Perfect Day," one of Mrs. Jacobs-Bond's
latest songs.
In commenting upon the action "The Piano-
maker" said:
"Those members of the trade who followed
the case in court presaged a victory for defend-
ants, and in our opinion Justice Eve's decision
was the only possible verdict. The question
of the 'newness' of a song does not rest with
when it was written by the composer, but when
the publisher deems fit to put it on the mar-
ket. How many successful songs have been
pigeon-holed for years before the right moment
arrived for publication? Many of the present
wartime successes would have proved absolute
failures in pre-war days, and if a publisher pur-
chases the copyright, it is for him to say when
it shall be published, except there be an express
agreement as to publication.
Plaintiff con-
tended that 'Write to Me Often' was not one of
Carrie Jacobs-Bond's new songs, but he had to
admit in the witness-box that he himself ad-
vertised in March, 1917, as new compositions
songs that were composed by Carrie Jacobs-
Bond in 1901." "The Pianomaker" then quotes
from the Times report Justice Eve's judgment,
which decided that the action wholly failed and
dismissed it with costs. From this report it is
gathered that Justice Eve thought there were
attempts to draw a line of demarcation between
Mrs. Jacobs-Bond's productions before 1908,
when "A Perfect Day" was first published, and
after that date, and to establish thereby the ex-
istence of two distinct classes, or categories,
into which her work is divisible. In reference
to this the Justice is thus quoted in the Times
report:
". . . although Harris would now
wish to fix the year 1908 as the dividing line
between Mrs. Jacobs-Bond's old and new work,
he had to admit in the box that in March, 1917,
he was himself advertising songs, composed as
long ago as 1901, as 'New songs by Carrie
Jacobs-Bond, composer of "A Perfect Day."'
Finally, it is well settled that these courts do
not sit to adjudicate on the relative merits of
the productions of different tradespeople, or
rival authors, or even of a single author or
artist at different stages of his career."
ROBERT TELLER SONS & DORNER
Music Engravers and Printers
SEND MANUSCRIPT AND IDEA OF
TITLE FOR ESTIMATE
311 West 43d Street
New York City
Pace &. Handy, originators of the "BLUES,"
specialists in rags and Southern ballads, offer
"The Song the Sunny Southland Sings"
"A Good MaiTislard to Find"
and
"Beale Street Blues"
SEND FOR CATALOG
PACE & HANDY MUSIC CO., Inc.
1547 Broadway (Gaiety Theatre Bldg.), NEW YORK
It is a fact, generally admitted, that the profits
in the retail sheet music business are compara-
tively small in view of the investment required
and the personal attention required in such a
business. However, music dealers have taken
steps to put their affairs on a better basis, and
as a result have enjoyed a fair amount of pros-
perity during the year. At least one dealer,
Henry K. White, of Northampton, Mass., is
skeptical regarding the lasting qualities of the
present trade reform in the matter of discounts,
etc. In a letter to The Review he says:
"At a time when I was connected with the
wholesale department of a large music publish-
ing house I once said to the manager that De-
cember was a hard month for the dealers to pay
for their stock orders. He admitted that it was
true, but added that there were eleven other
hard months. In fact, it is proverbial that there
is no money in the music business.
"Contrary to former experiences, however, the
past year seems to have been an easier one,
actually a fairly profitable one, not because
there has been more music sold, but because on
many items there has been a smaller discount
allowed to the public.
• "Now what is the prospect? Is this happy
condition to prevail? 1 am afraid not, and I
base my pessimism on the move being made
to do away with all discounts to the public,
marking a piece at exactly what it is to be sold.
"There have been certain reasons given for
this reform, but so far I have not heard of any
demand having been made for it. The Music
Dealers' Association, I believe, recommended it
last year—for which I hope they are already
sorry—but, on the whole, it appears to be largely
a spontaneous move on the part of some of the
publishers, as something reasonable, not with
any necessity appearing.
The argument is
very weak, namely, that the established custom
of listing music at a different price from that
at which it is to be sold is antiquated, incon-
sistent and not according to common sense.
But I would like to ask—which is better, to be
inconsistent and make a profit, or the reverse
and fail? We've 'got to go over or under,' and
The Song of the Moment
"KEEP THE HOME-
FIRES BURNING"
('Till the Boys Come Home)
CHAPPELL & CO., Ltd.
41 East 34th St.
NEW YORK
WHEN TAPS ARE
SOFTLY BLOWING
WATSON'S NEW
WAR BALLAD
A MESSAGE OF
GOOD CHEER
TO THE
MILLIONS OF
"KHAKI BILLS"
IN FRANCE
Order from your
regular jobber
7 Cents P e r Copy
C. L. BARNHOUSE, Oskaloosa, Iowa
NOVEMBER 9,
1918
TO MUSIC DEALERS
WE ARE JOBBERS
OF MUSIC
Popular, Classic, Music
Books and Studies
Our price* on all classes of muiic -will average the
lowest. Located in the center of the country and
carrying the tremendous stock that we do we are
in a position to supply all your wants at a SAVING
TO YOU OF TIME. MONEY AND EXPRESS
CHARGES.
All orders shipped the day we get them.
GIVE US A TRIAL ORDER
McKINLEY MUSIC CO.
1501-1513 E. 55th S t r e e t
CHICAGO
this squeezing the lemon at both ends, raising
the wholesale price and lowering the marking,
is likely to send us under.
"The plan of selling at one-third off was just
getting well established, was accepted by the
public without a murmur, gave us a good year,
and was so sensible if not consistent, I cannot
see why, just on the score of sentiment—for
that is all it amounts to—it could not have
been let alone. Nobody is going to be any hap-
pier for the reform and some of us are likely to
suffer some loss."
HOW OFTEN IS SUCH THE CASE
A famous musician, who was asked to criticize
the work of a young composer, after examining
it carefully, said: "There is much here that is
very beautiful and much that is new." The
young composer smiled delightedly and bowed
low. "But," continued he, "that which is new
is not beautiful and that which is beautiful is
not new."
WHY BERNHARDT SMILES
Harry Bernhardt, Eastern sales manager for
the A. J. Stasny Music Co., is being congratu-
lated by his friends throughout the trade upon
the recent arrival in his home of a bouncing
baby boy.
The Kaiser has not invested in War Savings
Stamps. Are you like the Kaiser?
C. C. CHURCH & COMPANY
60 ALLYN ST., HARTFORD, CONN.
Successors to CHURCH. PAXSON & CO., New York
Two Sensational English
Ballad Successes
"Somewhere a Voice is Calling"
"The Sunshine of Your Smile"
T. B. Harms & Francis, Day & Hunter
62 West 45th Street
NEW YORK
BUY YOUR MUSIC FROM
BOSTON
Publishers
WALTER JACOBS
S Boswvrth St,
BOSTON, MASS.
**$*"
"See Dixie First"
Oliver Ditson Company
BOSTON
NEW YORK
Anticipate and supply Every Requirement of Music
White-Smith Music Pub. Co.
PUBLISHERS, PRINTERS AND ENGRAVERS OF MUSIC
Main Offices: 62-64 Stanhope St., Boston.
Branch Houses: New York and Chicago.
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