Music Trade Review
Issue: 1921 Vol. 73 N. 8 - Page 39
Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
THE MUSIC TRADE REVIEW
AUGUST 20, 1921
39
A Sweet-as- Sugar Fox-Trot
WEETHEART
Ifoucarifpo wrontf
with anijjeist sortff
a specially arranged window and the decora-
FILE ANSWER IN COPYRIGHT SUIT
tion of the counter with copies of the song
S. S. Kresge Co. Store in Newark, N. J., Makes artistically arranged.
Harms, Inc., Defendants in Action Brought by
Special Window and Counter Display of the
Herewith is reproduced a photograph of the
Marks Music Co., Make Counter-claims and
A. J. Stasny Co.'s New Ballad Success
window in question, which attracted more than
Declare Kalman's Music Not Original
the usual attention and was, according to the
The S. S. Kresge Co. store, Newark, N. J., management, the means of adding considerably
Harms, Inc., have filed answer to infringement
recently made a special display of "Plantation to the week's sales total, not only of "Planta- of copyright charges preferred against them by
the Edward B. Marks Music Co. The suit re-
volves about the song hit, "Learn to Smile,"
from George M. Cohan's "The O'Brien Girl,"
written by Frank Mandel and Otto Harbach, for
which Hirsch composed the score. The Marks
Co. charges that the melody of the song is
lifted from a composition by Emmerich Kalman,
"Love Has Wings," from Henry W. Savage's
production of "Sari."
The defendants, for a separate defense and
counter-claim, set forth that Kalman's compo-
*'*yf
fir
sition was far from original, having been used
in other forms previously. Kalman's song is a
waltz, the Hirsch tune a fox-trot.
Mr. Marks claims possession of the copyright
on the Kalman composition by virtue of a disso-
lution agreement December 9, 1920, when he
took over al! stock and title of the Joseph W.
Stern Co.
FEATURES "PLANTATION LULLABY"
OUTING OF LOCAL ASSOCIATION
BiGSONB.HIT
ITION LULLABY
The Greater New York Music Publishers' and
Dealers' Association held its annual outing at
Glenwood Lodge, Glen Head, Long Island, on
Tuesday of this week. A full report of the day's
activities will appear in next week's issue of
The Review.
it
FRED HOFF AS MUSICAL DIRECTOR
E-jCterior
of
Store
Window Display of Stasny Ballad in Kresge Store, Newark, N. J.
Lullaby," the ballad success from the catalog tion Lullaby," but the other counter numbers
of the A. J. Stasny Music Co. This included as well.
Fred R. Hoff, who recently came to New York
from the Pacific Coast and whose work has
caused much favorable comment because of his
novelty dance arrangements, has been signed up
by the Bohemians, Inc., as musical director for
this season's "Greenwich Village Follies."
THE POX-TROT UNUSUAL
KENDIS
BROWN, EASTWOOD
in fanny J&bbepwd Down where-everything is upside down*
(from 'Alice in Wonderland 7
M.WITMARK I SONS - NEW YORK
THE MUSIC TRADE REVIEW
AUGUST 20, 1921
39
A Sweet-as- Sugar Fox-Trot
WEETHEART
Ifoucarifpo wrontf
with anijjeist sortff
a specially arranged window and the decora-
FILE ANSWER IN COPYRIGHT SUIT
tion of the counter with copies of the song
S. S. Kresge Co. Store in Newark, N. J., Makes artistically arranged.
Harms, Inc., Defendants in Action Brought by
Special Window and Counter Display of the
Herewith is reproduced a photograph of the
Marks Music Co., Make Counter-claims and
A. J. Stasny Co.'s New Ballad Success
window in question, which attracted more than
Declare Kalman's Music Not Original
the usual attention and was, according to the
The S. S. Kresge Co. store, Newark, N. J., management, the means of adding considerably
Harms, Inc., have filed answer to infringement
recently made a special display of "Plantation to the week's sales total, not only of "Planta- of copyright charges preferred against them by
the Edward B. Marks Music Co. The suit re-
volves about the song hit, "Learn to Smile,"
from George M. Cohan's "The O'Brien Girl,"
written by Frank Mandel and Otto Harbach, for
which Hirsch composed the score. The Marks
Co. charges that the melody of the song is
lifted from a composition by Emmerich Kalman,
"Love Has Wings," from Henry W. Savage's
production of "Sari."
The defendants, for a separate defense and
counter-claim, set forth that Kalman's compo-
*'*yf
fir
sition was far from original, having been used
in other forms previously. Kalman's song is a
waltz, the Hirsch tune a fox-trot.
Mr. Marks claims possession of the copyright
on the Kalman composition by virtue of a disso-
lution agreement December 9, 1920, when he
took over al! stock and title of the Joseph W.
Stern Co.
FEATURES "PLANTATION LULLABY"
OUTING OF LOCAL ASSOCIATION
BiGSONB.HIT
ITION LULLABY
The Greater New York Music Publishers' and
Dealers' Association held its annual outing at
Glenwood Lodge, Glen Head, Long Island, on
Tuesday of this week. A full report of the day's
activities will appear in next week's issue of
The Review.
it
FRED HOFF AS MUSICAL DIRECTOR
E-jCterior
of
Store
Window Display of Stasny Ballad in Kresge Store, Newark, N. J.
Lullaby," the ballad success from the catalog tion Lullaby," but the other counter numbers
of the A. J. Stasny Music Co. This included as well.
Fred R. Hoff, who recently came to New York
from the Pacific Coast and whose work has
caused much favorable comment because of his
novelty dance arrangements, has been signed up
by the Bohemians, Inc., as musical director for
this season's "Greenwich Village Follies."
THE POX-TROT UNUSUAL
KENDIS
BROWN, EASTWOOD
in fanny J&bbepwd Down where-everything is upside down*
(from 'Alice in Wonderland 7
M.WITMARK I SONS - NEW YORK
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