Music Trade Review
Issue: 1924 Vol. 78 N. 22 - Page 55
Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
MAY
31, 1924
THE
Publishers Win First
Blood in Photoplay Suits
Special Master Declares Theatres Used Copy-
righted Publications Without the Consent of
the Plaintiffs
In a recent hearing before United States Dis-
trict Judge J. Whitaker Thompson, when four
cases were heard, the American song publishers
won the first skirmish in a three-year legal fight
to make moving picture theatre proprietors pay
for playing popular music. Thirty-nine test suits
against Philadelphia photoplay houses are to
be included in the list, the first four of these being
heard in the May session of the Federal Dis-
trict Court in this city, with the American So-
ciety of Composers, Authors and Publishers the
complainants. The theatres have refused to pay
a fee at the rate of 10 cents a seat a year to
the song producers. After a mass of testimony
was produced, Walter C. Douglas, Jr., special
master to whom the cases were referred, found
in each case that the theatres had played and
performed "substantial" parts of copyrighted
music, during performances for profit, "without
knowledge, license or consent of the plaintiff
and after due written notice of the plaintiff's
rights in the premises." The master also found
that "the acts of the defendant constituted a
violation of and infringement of the plaintiff's
rights in and to its copyright in said musical
composition." His conclusion was that, in lieu
of actual damages and profits, the theatre pro-
prietors should pay to the song producers not
less than $250 (the monetary penalty for vio-
lating a copyright) and that the producers were
entitled to an injunction against further viola-
tions. Exceptions were taken to the master's
conclusions by the theatres interested and the
matter was argued last Monday before Judge
Thompson. He is expected to hand down a
decision soon. Moving picture theatres through-
out the country are awaiting the outcome of the
test suits in Philadelphia.
Paradise Alley Moves
to the Vanderbilt Theatre
Musical Comedy One of Biggest Hits Now in
New York—Leo Feist, Inc., Publishes the
Score
"Paradise Alley," the musical comedy which
in recent weeks has played at the Casino The-
atre, New York City, has moved to the Vander-
bilt Theatre, the home of previous musical suc-
cesses, among these being "Irene." This show
should play well into the Fall season in its new
quarters. It has exceptional music, a good
story, is well staged, clever and entertaining
comedy, all of which helps a show to success.
One of the outstanding songs of the piece is
"Paradise Alley," the music of which is by
Harry Arthur, who is responsible for "I Love
You" and the other song successes from "Little
Jessie James." Leo Feist, Inc., publishes the
music.
Feinberg Joins Jack Mills
Sammy Feinberg, who has had a wide and
varied experience in the music business with
various publishing concerns, has just been
signed to write exclusively for Jack Mills, Inc.
He announces that he has adopted the name
"Sammy Fain" as his nom de plume which will
appear on. all his publications.
MUSIC
TRADE
51
REVIEW
Let This Be Your Permanent
Reference
Solved!!
The Clearing Hous|e
Problem
by RICHMOND
"the Dealer's Jobber"
Everything standard and popular from one source
NO LONGER are you obliged to send daily to a dozen
or more standard publishers for your snorts.
NO LONGER need you bother with dozens of small
items and carry little accounts that are troublesome
and expensive.
NO LONGER do you have to know or inquire who
publishes "it." We answer that for you.
Every order leaving your store with titles
from dozens of catalogs is a finished transac-
tion. It will be filled and returned complete.
NOW YOU GAN avoid details, save energy, reduce
cost and receive efficient service.
NOW YOU GAN let Richmond do the worrying.
NOW YOU GAN get this service without added cost.
It's up to you to give it a trial.
We have been officially appointed as trade
representatives—serving the dealer on daily
orders at publishers' prices—by the follow-
ing houses:
STANDARD PUBLISHERS
D. Appleton &, Co.
Belwin, Inc.
Boosey & Co.
Boston Music Co.
Bosworth & Co.
Brainard & Sons
Breitkopf & Hartel
Chappell-Harms, Inc.
John Church Co.
Oliver Ditson Co.
Enoch & Sons
Carl Fischer, Inc.
J. Fischer & Bro.
Harold Hammer, Inc.
Forster Music Pub-
lisher, Inc.
Sam Fox Pub. Co.
Gamble Hinged Music
Co.
H. S. Gordon
H. W. Gray & Co.
Hatch Music Co.
Heidelberg Press
Hinds, Hay den $ El-
dredge, Inc.
C. W. Homeyer Co.
H. L. Huntzinger, Inc.
Kunkel Bros.
Lorcnz Pub. Co.
Luckhardt & Belder
Mumll Pub. Co.
E. T. Paull Music Co.
Peate's Music House
A. P. Schmidt & Co.
P. A. Schmidt
G. Schirmer, Inc.
Schroeder & Gunther
Ed. Schuberth & Co.
W. J. Smith & Co.
Clayton F. Summy Co.
C. W. Thompson & Co.
A. M. Virgil
White-Smith Pub. Co.
Willis Music Co.
M. Witmark & Sons
B. F. Wood & Co.
And Many Others
POPULAR PUBLISHERS
Maurice Abrahams,Inc.
Ager, Yellen & Born-
stein, Inc.
Irving Berlin, Inc.
Broadway Music Corp.
Ted Browne Music Co.
C. C. Church Co.
Clarke & Leslie Songs,
Inc.
Xi. B. Curtis Music Co.
Joe Davis Music Co.
Denton C. Haskins
Leo Feist, Inc.
Fred Fisher, Inc.
John Franklin Music
Co.
Wolfe L. Gilbert
Harms, Inc.
Charles K. Harris
F. B. Haviland
Hearst Music Publish-
ers, Ltd.
Walter Jacobs, Inc.
J. W. Jenkins' Sons
Music Co.
E. B. Marks Music Co.
Melrose Bros. Music
Co.
Metro Music Co.
Jack Mills, Inc.
Joe Morris Publishing
Co.
Jerome H. Remick &
Co.
Richmond-Robbins,Inc.
Chas. E. Roat
Will Rossiter
Shapiro Bernstein &
Co., Inc.
Sherman, Clay & Co.
Sherwood Music Co.
Stark & Cowan
A. J. Stasny Music Co.,
Inc.
Vandersloot Music Co.
Harry Von Tilzer Mu-
sic Co.
Waterson, Berlin &
Snyder
Milton Well Music Co.
Clarence Williams Mu-
sic Co.
And Many Others
TO EVERY DEALER NEAR AND FAR
While in New York come and visit with us.
Let's get better acquainted.
New Morley-Tallman Song
Jack Morley has written the lyric and Arthur
Tallman the melody of a new song entitled
"The Broadway Girl." Professional copies of
the number are being distributed and introduc-
tion in vaudeville is being arranged. Arthur
Tallman is the publisher. The number is a
good one according to all reports.
RICHMOND MUSIC SUPPLY CORP.
133 West 41st or 130 West 42nd Street near Broadway
"Richmond Means Everything in Muric"
The name "Richmond" hat been identified with sheet music for over a quarter of a century
MAY
31, 1924
THE
Publishers Win First
Blood in Photoplay Suits
Special Master Declares Theatres Used Copy-
righted Publications Without the Consent of
the Plaintiffs
In a recent hearing before United States Dis-
trict Judge J. Whitaker Thompson, when four
cases were heard, the American song publishers
won the first skirmish in a three-year legal fight
to make moving picture theatre proprietors pay
for playing popular music. Thirty-nine test suits
against Philadelphia photoplay houses are to
be included in the list, the first four of these being
heard in the May session of the Federal Dis-
trict Court in this city, with the American So-
ciety of Composers, Authors and Publishers the
complainants. The theatres have refused to pay
a fee at the rate of 10 cents a seat a year to
the song producers. After a mass of testimony
was produced, Walter C. Douglas, Jr., special
master to whom the cases were referred, found
in each case that the theatres had played and
performed "substantial" parts of copyrighted
music, during performances for profit, "without
knowledge, license or consent of the plaintiff
and after due written notice of the plaintiff's
rights in the premises." The master also found
that "the acts of the defendant constituted a
violation of and infringement of the plaintiff's
rights in and to its copyright in said musical
composition." His conclusion was that, in lieu
of actual damages and profits, the theatre pro-
prietors should pay to the song producers not
less than $250 (the monetary penalty for vio-
lating a copyright) and that the producers were
entitled to an injunction against further viola-
tions. Exceptions were taken to the master's
conclusions by the theatres interested and the
matter was argued last Monday before Judge
Thompson. He is expected to hand down a
decision soon. Moving picture theatres through-
out the country are awaiting the outcome of the
test suits in Philadelphia.
Paradise Alley Moves
to the Vanderbilt Theatre
Musical Comedy One of Biggest Hits Now in
New York—Leo Feist, Inc., Publishes the
Score
"Paradise Alley," the musical comedy which
in recent weeks has played at the Casino The-
atre, New York City, has moved to the Vander-
bilt Theatre, the home of previous musical suc-
cesses, among these being "Irene." This show
should play well into the Fall season in its new
quarters. It has exceptional music, a good
story, is well staged, clever and entertaining
comedy, all of which helps a show to success.
One of the outstanding songs of the piece is
"Paradise Alley," the music of which is by
Harry Arthur, who is responsible for "I Love
You" and the other song successes from "Little
Jessie James." Leo Feist, Inc., publishes the
music.
Feinberg Joins Jack Mills
Sammy Feinberg, who has had a wide and
varied experience in the music business with
various publishing concerns, has just been
signed to write exclusively for Jack Mills, Inc.
He announces that he has adopted the name
"Sammy Fain" as his nom de plume which will
appear on. all his publications.
MUSIC
TRADE
51
REVIEW
Let This Be Your Permanent
Reference
Solved!!
The Clearing Hous|e
Problem
by RICHMOND
"the Dealer's Jobber"
Everything standard and popular from one source
NO LONGER are you obliged to send daily to a dozen
or more standard publishers for your snorts.
NO LONGER need you bother with dozens of small
items and carry little accounts that are troublesome
and expensive.
NO LONGER do you have to know or inquire who
publishes "it." We answer that for you.
Every order leaving your store with titles
from dozens of catalogs is a finished transac-
tion. It will be filled and returned complete.
NOW YOU GAN avoid details, save energy, reduce
cost and receive efficient service.
NOW YOU GAN let Richmond do the worrying.
NOW YOU GAN get this service without added cost.
It's up to you to give it a trial.
We have been officially appointed as trade
representatives—serving the dealer on daily
orders at publishers' prices—by the follow-
ing houses:
STANDARD PUBLISHERS
D. Appleton &, Co.
Belwin, Inc.
Boosey & Co.
Boston Music Co.
Bosworth & Co.
Brainard & Sons
Breitkopf & Hartel
Chappell-Harms, Inc.
John Church Co.
Oliver Ditson Co.
Enoch & Sons
Carl Fischer, Inc.
J. Fischer & Bro.
Harold Hammer, Inc.
Forster Music Pub-
lisher, Inc.
Sam Fox Pub. Co.
Gamble Hinged Music
Co.
H. S. Gordon
H. W. Gray & Co.
Hatch Music Co.
Heidelberg Press
Hinds, Hay den $ El-
dredge, Inc.
C. W. Homeyer Co.
H. L. Huntzinger, Inc.
Kunkel Bros.
Lorcnz Pub. Co.
Luckhardt & Belder
Mumll Pub. Co.
E. T. Paull Music Co.
Peate's Music House
A. P. Schmidt & Co.
P. A. Schmidt
G. Schirmer, Inc.
Schroeder & Gunther
Ed. Schuberth & Co.
W. J. Smith & Co.
Clayton F. Summy Co.
C. W. Thompson & Co.
A. M. Virgil
White-Smith Pub. Co.
Willis Music Co.
M. Witmark & Sons
B. F. Wood & Co.
And Many Others
POPULAR PUBLISHERS
Maurice Abrahams,Inc.
Ager, Yellen & Born-
stein, Inc.
Irving Berlin, Inc.
Broadway Music Corp.
Ted Browne Music Co.
C. C. Church Co.
Clarke & Leslie Songs,
Inc.
Xi. B. Curtis Music Co.
Joe Davis Music Co.
Denton C. Haskins
Leo Feist, Inc.
Fred Fisher, Inc.
John Franklin Music
Co.
Wolfe L. Gilbert
Harms, Inc.
Charles K. Harris
F. B. Haviland
Hearst Music Publish-
ers, Ltd.
Walter Jacobs, Inc.
J. W. Jenkins' Sons
Music Co.
E. B. Marks Music Co.
Melrose Bros. Music
Co.
Metro Music Co.
Jack Mills, Inc.
Joe Morris Publishing
Co.
Jerome H. Remick &
Co.
Richmond-Robbins,Inc.
Chas. E. Roat
Will Rossiter
Shapiro Bernstein &
Co., Inc.
Sherman, Clay & Co.
Sherwood Music Co.
Stark & Cowan
A. J. Stasny Music Co.,
Inc.
Vandersloot Music Co.
Harry Von Tilzer Mu-
sic Co.
Waterson, Berlin &
Snyder
Milton Well Music Co.
Clarence Williams Mu-
sic Co.
And Many Others
TO EVERY DEALER NEAR AND FAR
While in New York come and visit with us.
Let's get better acquainted.
New Morley-Tallman Song
Jack Morley has written the lyric and Arthur
Tallman the melody of a new song entitled
"The Broadway Girl." Professional copies of
the number are being distributed and introduc-
tion in vaudeville is being arranged. Arthur
Tallman is the publisher. The number is a
good one according to all reports.
RICHMOND MUSIC SUPPLY CORP.
133 West 41st or 130 West 42nd Street near Broadway
"Richmond Means Everything in Muric"
The name "Richmond" hat been identified with sheet music for over a quarter of a century
Future scanning projects are planned by the International Arcade Museum Library (IAML).