Music Trade Review
Issue: 1922 Vol. 74 N. 13 - Page 54
Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
50
THE
MUSIC TRADE
REVIEW
APRIL 1, 1922
CONDUCTED BY V. D. WALSH
SONG PIRATING BEING WATCHED FOR BY ASSOCIATION
SONGS THAT SELL
Music Publishers' Protective Association Sends Strong Letter to the Trade Announcing Its Inten-
tion of Prosecuting Strenuously Every Case of Copyright Violation Brought to Its Notice
Following the prosecution of several cases of
copyright infringements in which thousands of
spurious copies of song hits had been published
during the past two or three years, and which
were unearthed by the Music Publishers' Protec-
tive Association, that organization has sent the
following circular to the trade, which should be
of importance to every dealer:
"In the United States Court at Boston two men
were convicted, each on two criminal counts, the
first to violate the Copyright Act, and the second
being actual violation of the Copyright Act. The
maximum penalties under conviction are one and
three years' imprisonment, respectively.
"There are still prosecutions to be continued
of others who were directly and indirectly con-
nected with these men in perpetration of the
frauds to which they were parties. The evidence
is being gathered by the United States Attorney's
office and in due course indictments may be found
against various other parties.
"The source from which music may be obtained
in safety, with the assurance that it has not been
stolen, that it is bona fide, is known to the
entire trade. Whenever it is offered by any other
source, the source should be carefully ascertained.
Whenever it is offered below usual prices it is
well to question the entire transaction; whenever
it is offered from a hitherto unknown source it is
wise to establish, before buying, the legitimacy of
that source.
"Failure to do this may simply result in the
dealer being made a party to expensive litigation
and investigation.
"A few cents extra profit does not justify the
risk—for be it known that this association will
bring such evidence as it can secure, in each and
e\ery such case, to the attention of the United
States attorneys and the full power of the law
will be invoked in every case for the protection of
the legitimate dealer and publisher.
"In any case of doubt the dealer is invited to
tc)egraph this association at our expense. Piracy,
counterfeiting of music and any other violations
of the Copyright Act will be vigorously prose-
cuted by this association. The thievery of music
buying from publishers, jobbers or dealers and
its subsequent sale to unsuspecting dealers or
other innocent purchasers will result in prosecu-
tion of every party involved in such transactions.
"A substantial reward will be paid by this as-
sociation in any and every instance where in-
formation is given us that leads to the conviction
of parties guilty of such violations of the law.
Nc effort will be spared to protect our product
against dishonest practices; nor will we permit
the honest and reputable dealer to be subject
to unfair competition of such dealers as are will-
ing to become channels through which ciooks and
thieves do business.
"We therefore invite your co-operation, and
that of your employes, in bringing to our atten-
tion, by telegraph, any instance wherein you have
reason to suspect that merchandise offered to you
is either spurious or has been dishonestly ob-
tained."
Successor to 'TUCKY HOME
Granny
You're My Mammy's Mammy
Tuck Me to Sleep In My Old
'Tucky Home
Just a LittleLovcSong
Poor Little Me
Lonesome Hours
IMPORTANT JCOURT DECISION
Composer Who Assigns Copyright Cannot Insti-
tute Suit for Infringement
I Wonder Where He Went
And When He's Coming Back Blues
A recent decision by Judge Julian W. Mack in
the United States District Court in the Southern
District of New York is of much importance to
songwriters and music publishers.
The action was that of Harry Jentes against
the music publishing firms of Jerome H. Remick &
Co. and Irving Berlin, Inc., Jentes contending
that he had placed a song called "All By Myself"
with Jerome H. Remick & Co., signing the usual
contract and release. He further claimed that at
a later date Irving Berlin, Inc., published a song
called "All by Myself" which he alleges was an
infringement of his song placed with the Remick
house.
The court held that a songwriter, after having
assigned a copyright of a number to a publisher,
does not retain an equitable right to institute a
suit for infringement. It therefore failed to see
how Jentes was aggrieved insofar as he had as-
signed a song to Remick & Co., and if any suit
was to be brought against Irving Berlin, Inc.,
Remick was the one to sue. The Remick Co.
failing to bring such suit closes the case.
You Can Have [very Light On Broadway
(Give Me One Little Light at Home)
Bow Wow Blues
Birds of a Feather
Universal Dance Folio No. 2
Everybody Step
From the Musle Box Revue
They Call It Dancing
From the Music Box Revue
The Greatest Song Success
Ever Written
Say It With Music
From the Music Box Revue
IRVING BERLIN, Inc.
MUSIC PUBLISHERS ROBBED
1607 Broadway,
Headquarters of Breitkopf & Hartel Entered by
Thieves Last Week
HARRY BECKER_OPENS SHOP
Early last week the music publishing house of
Breitkopf & Hartel, 22 West Thirty-eighth street,
New York City, was entered by thieves. Liberty
bonds and other securities to the value of $20,0()U
were stolen and hundreds of manuscripts, many
by famous composers, were destroyed, the van-
dals ripping them into fragments.
MR. DEALER! These Numbers Are Advertised
LONESOME MAMA BLUES
New York
SAN DIEGO, CAL., March 23.—Harry Becker re-
cently opened a new song shop at 955 Fifth street,
this city. In addition to his business activities
Mr. Becker is well known as a singer of popular
songs. The new shop is one of the most attrac-
tive in the State, and features all of the latest
popular numbers.
From Coast to Coast
SUPPOSE THE ROSE WERE YOU
By the Composer who wrote "Dangerous Blues."
The feature song of the biggest Blues and Jazz
singers, and the orchestra favorite Fox Trot.
By Lucien Denni.
He wrote "Starlight Love."
Kitty Gordon's knock-out Hit.
Hundreds of other acts using it. .. .
Make Your Profit—Have Them in Stock!
OTHER BIG SELLERS
12TH STREET RAG—Song
DANGEROUS BLUES
12TH STREET RAG—Instrumental
MANILA MEMORIES
KISS ME DEAR
J. W. JENKINS' SONS MUSIC CO.
Kansas City, Mo.
50
THE
MUSIC TRADE
REVIEW
APRIL 1, 1922
CONDUCTED BY V. D. WALSH
SONG PIRATING BEING WATCHED FOR BY ASSOCIATION
SONGS THAT SELL
Music Publishers' Protective Association Sends Strong Letter to the Trade Announcing Its Inten-
tion of Prosecuting Strenuously Every Case of Copyright Violation Brought to Its Notice
Following the prosecution of several cases of
copyright infringements in which thousands of
spurious copies of song hits had been published
during the past two or three years, and which
were unearthed by the Music Publishers' Protec-
tive Association, that organization has sent the
following circular to the trade, which should be
of importance to every dealer:
"In the United States Court at Boston two men
were convicted, each on two criminal counts, the
first to violate the Copyright Act, and the second
being actual violation of the Copyright Act. The
maximum penalties under conviction are one and
three years' imprisonment, respectively.
"There are still prosecutions to be continued
of others who were directly and indirectly con-
nected with these men in perpetration of the
frauds to which they were parties. The evidence
is being gathered by the United States Attorney's
office and in due course indictments may be found
against various other parties.
"The source from which music may be obtained
in safety, with the assurance that it has not been
stolen, that it is bona fide, is known to the
entire trade. Whenever it is offered by any other
source, the source should be carefully ascertained.
Whenever it is offered below usual prices it is
well to question the entire transaction; whenever
it is offered from a hitherto unknown source it is
wise to establish, before buying, the legitimacy of
that source.
"Failure to do this may simply result in the
dealer being made a party to expensive litigation
and investigation.
"A few cents extra profit does not justify the
risk—for be it known that this association will
bring such evidence as it can secure, in each and
e\ery such case, to the attention of the United
States attorneys and the full power of the law
will be invoked in every case for the protection of
the legitimate dealer and publisher.
"In any case of doubt the dealer is invited to
tc)egraph this association at our expense. Piracy,
counterfeiting of music and any other violations
of the Copyright Act will be vigorously prose-
cuted by this association. The thievery of music
buying from publishers, jobbers or dealers and
its subsequent sale to unsuspecting dealers or
other innocent purchasers will result in prosecu-
tion of every party involved in such transactions.
"A substantial reward will be paid by this as-
sociation in any and every instance where in-
formation is given us that leads to the conviction
of parties guilty of such violations of the law.
Nc effort will be spared to protect our product
against dishonest practices; nor will we permit
the honest and reputable dealer to be subject
to unfair competition of such dealers as are will-
ing to become channels through which ciooks and
thieves do business.
"We therefore invite your co-operation, and
that of your employes, in bringing to our atten-
tion, by telegraph, any instance wherein you have
reason to suspect that merchandise offered to you
is either spurious or has been dishonestly ob-
tained."
Successor to 'TUCKY HOME
Granny
You're My Mammy's Mammy
Tuck Me to Sleep In My Old
'Tucky Home
Just a LittleLovcSong
Poor Little Me
Lonesome Hours
IMPORTANT JCOURT DECISION
Composer Who Assigns Copyright Cannot Insti-
tute Suit for Infringement
I Wonder Where He Went
And When He's Coming Back Blues
A recent decision by Judge Julian W. Mack in
the United States District Court in the Southern
District of New York is of much importance to
songwriters and music publishers.
The action was that of Harry Jentes against
the music publishing firms of Jerome H. Remick &
Co. and Irving Berlin, Inc., Jentes contending
that he had placed a song called "All By Myself"
with Jerome H. Remick & Co., signing the usual
contract and release. He further claimed that at
a later date Irving Berlin, Inc., published a song
called "All by Myself" which he alleges was an
infringement of his song placed with the Remick
house.
The court held that a songwriter, after having
assigned a copyright of a number to a publisher,
does not retain an equitable right to institute a
suit for infringement. It therefore failed to see
how Jentes was aggrieved insofar as he had as-
signed a song to Remick & Co., and if any suit
was to be brought against Irving Berlin, Inc.,
Remick was the one to sue. The Remick Co.
failing to bring such suit closes the case.
You Can Have [very Light On Broadway
(Give Me One Little Light at Home)
Bow Wow Blues
Birds of a Feather
Universal Dance Folio No. 2
Everybody Step
From the Musle Box Revue
They Call It Dancing
From the Music Box Revue
The Greatest Song Success
Ever Written
Say It With Music
From the Music Box Revue
IRVING BERLIN, Inc.
MUSIC PUBLISHERS ROBBED
1607 Broadway,
Headquarters of Breitkopf & Hartel Entered by
Thieves Last Week
HARRY BECKER_OPENS SHOP
Early last week the music publishing house of
Breitkopf & Hartel, 22 West Thirty-eighth street,
New York City, was entered by thieves. Liberty
bonds and other securities to the value of $20,0()U
were stolen and hundreds of manuscripts, many
by famous composers, were destroyed, the van-
dals ripping them into fragments.
MR. DEALER! These Numbers Are Advertised
LONESOME MAMA BLUES
New York
SAN DIEGO, CAL., March 23.—Harry Becker re-
cently opened a new song shop at 955 Fifth street,
this city. In addition to his business activities
Mr. Becker is well known as a singer of popular
songs. The new shop is one of the most attrac-
tive in the State, and features all of the latest
popular numbers.
From Coast to Coast
SUPPOSE THE ROSE WERE YOU
By the Composer who wrote "Dangerous Blues."
The feature song of the biggest Blues and Jazz
singers, and the orchestra favorite Fox Trot.
By Lucien Denni.
He wrote "Starlight Love."
Kitty Gordon's knock-out Hit.
Hundreds of other acts using it. .. .
Make Your Profit—Have Them in Stock!
OTHER BIG SELLERS
12TH STREET RAG—Song
DANGEROUS BLUES
12TH STREET RAG—Instrumental
MANILA MEMORIES
KISS ME DEAR
J. W. JENKINS' SONS MUSIC CO.
Kansas City, Mo.
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