Music Trade Review
Issue: 1925 Vol. 80 N. 16 - Page 42
Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
THE
42
MUSIC TRADE
REVIEW
APRIL 18, 1925
IN THE WORLD OF MUSIC PUBLISHING
Conducted By V. D. Walsh
extent statutes covering the subject-matter gen-
erally, but enacted without anticipation of such
radical changes in the methods of reproduction,
are, if fairly construed, applicable to the new
situation."
Main Topic of Gathering Will Be Discussion of Revision of By-Laws as Recommended by the
With reference to the contention of the de-
Board of Directors of the Association
fense that broadcasting is not a public perform-
ance, the Court said:
' I A HE annual convention of the Music l'ub-
For some time the board of directors has felt
"A performance in our judgment is no less
Ushers' Association of the United States will
that the articles and by-laws, which were ade- public because the listeners arc unable to com-
be held on Tuesday, June 9, in New York City
quate for all purposes at its inception, today
municate with one another, or are not assem-
as arranged by the by-laws of the organization.
fall short of meeting its needs and requirements. bled within an enclosure or gathered together
The quarterly meeting of the Association was The committee appointed some time ago by
in some open stadium or park or other public
held on Thursday of last week, when tentative
George Fischer, the president, now recom- place. Nor can a performance, in our judg-
plans for the annual gathering were arranged. mends a revision, and these recommendations ment, be deemed private because each listener
Since the death of E. T. Paull, secretary of
have met with the approval of the board. For may be alone in the privacy of his home. Radio
the Association, and the elimination of Alfred
this reason the coming gathering will be one broadcasting is intended, and, in fact, does
L. Smith as executive secretary, the burdens of
of the most important held by the Association reach a very much larger number of the public
both offices have fallen on the shoulders of M. in a decade and should assure the attendance at the moment of the rendition than any other
E. Tompkins, secretary and sales manager of
of every member with a large attendance medium of performance. The artist is con-
G. Schirmer, Inc. Mr. Tompkins and Walter already promised.
stantly addressing a great and widely scattered
Fischer have been proposed as the new presi-
As usual the Association will hold its annual audience and is therefore participating in a pub-
dent. Both, however, emphatically declare they banquet in the evening following the day's ses- lic performance.
can hardly assume the duties of the office due sions. It is planned to have as the principal
"That under the Copyright act a public per-
to their other responsibilities. It is hoped by speaker on that occasion an important member formance may be for profit, though no admis-
those interested, however, that a compromise of the government from Washington, D. C. As sion fee is exacted or no profit actually made,
can be arranged whereby one of these energetic the proposal involves obtaining one who is is stated in Herbert vs. Shanley, 242 U. S. 591.
executives can be induced to assume the burden quite familiar with copyright law, to-day's most It suffices, as there held, that the performance
of the Association's activities for at least a one- important subject, the evening gathering should be for profit and not eleemosynary; it is against
year period.
produce "standing room only."
the commercial as distinguished from the purely
philanthropic use of another's composition that
the statute is directed.
"It is immaterial, in our judgment, whether
that commercial use be such as to secure direct
payment for the performance by each listener
or indirect payment as by a hat-checking charge
Reverses Decision of District Court Which Had Previously Dismissed the Suit of Jerome H. when no admission fee is required, or a general
Remick & Co. vs. American Auto. Accessories Co., Now Crosley Co.
commercial advantage as by advertising one's
name in the expectation and hope of making
C I N C I N N A T I , O., April 9.—The United Mack, Maurice H. Donahue and Arthur C
profit through the sale of one's products, be
States Circuit Court of Appeals in a deci- Denison, of the Court of Appeals, said in their
they radio or other goods."
sion handed down today, reversed the judgment opinion:
of Judge Smith Hickenlooper, of the United
"While the fact that the radio was not devel-
States District Court, who previously dismissed oped at the time the Copyright act was enacted
the suit of Jerome H. Remick & Co. against the in 1909 may raise some question as to whether
PORTLAND, ORI:., April 2.—The new Sherman,
American Automobile Accessories Co., now the it properly comes within the purview of the
Clay & Co. publication, "Twilight," is quite
Crosley Radio Corp.
The original action statute, it is not by that fact excluded from the popular in this territory in fox-trot form. The
sought to enjoin the defendant from broadcast- statute. In other words, the statute may be early sales of the number would indicate that
ing a musical composition, "Dreamy Melody," applied to a situation not anticipated by Con- it will be an active seller all over the country.
copyrighted by the Remick Co. Alleging that gress, if fairly construed, and such situation
The author is Natio Herb Brown, author of
the Crosley Corp. was engaged in the manufac- conies clearly within the intent and meaning of
"The Sneak" and "Hoo Doo Man." "On the
ture and selling of radio products for profit the statute.
Oregon Trail," another Sherman, Clay &• Co.
and that its broadcasting station, known as
"Bills have been introduced in both House publication, is being featured by all the schools,
WLW, was maintained as a medium of adver- and Senate to permit broadcasting without in- colleges and clubs in this State and is being
tising its products, the plaintiff contended that fringing copyrights. The rights of composer, received enthusiastically wherever the number
broadcasting of the composition was in viola- performer and the public under this new method
is heard.
tion of the Copyright act and as such he was of reproduction are eminently matters for con-
entitled to damages.
sidered legislation; but until Congress shall have
The Wilson Broadway Music Shop, 1142 Wil-
In reversing and remanding the case to the specifically determined the relative rights of the son avenue, Chicago, has increased its capital
lower court for proceedings, Judges Julian W. parties we can but decide whether and to what
stock from $2,500 to $25,000.
Annual Meeting of Music Publishers
Will Be Held in New York on June 9
Federal Court of Appeals Upholds the
Publishers' Copyright in Broadcasting
"Twilight" Is Popular
MIDNIGHT
WALTZ*
MISS
7Ae Waltz In T?ie Air/
Eifc
at Midnight /
^Jor thosejidho delight
in beautiful
ballads
'You Can't Go Wrong With
k
Written and ^eatuted by
HARRY M. SNODGRASS *King of tile Tories'
Ted Lewis New Waltz Hit
WHILE WE DANCED
TILL DAWN*
THE
42
MUSIC TRADE
REVIEW
APRIL 18, 1925
IN THE WORLD OF MUSIC PUBLISHING
Conducted By V. D. Walsh
extent statutes covering the subject-matter gen-
erally, but enacted without anticipation of such
radical changes in the methods of reproduction,
are, if fairly construed, applicable to the new
situation."
Main Topic of Gathering Will Be Discussion of Revision of By-Laws as Recommended by the
With reference to the contention of the de-
Board of Directors of the Association
fense that broadcasting is not a public perform-
ance, the Court said:
' I A HE annual convention of the Music l'ub-
For some time the board of directors has felt
"A performance in our judgment is no less
Ushers' Association of the United States will
that the articles and by-laws, which were ade- public because the listeners arc unable to com-
be held on Tuesday, June 9, in New York City
quate for all purposes at its inception, today
municate with one another, or are not assem-
as arranged by the by-laws of the organization.
fall short of meeting its needs and requirements. bled within an enclosure or gathered together
The quarterly meeting of the Association was The committee appointed some time ago by
in some open stadium or park or other public
held on Thursday of last week, when tentative
George Fischer, the president, now recom- place. Nor can a performance, in our judg-
plans for the annual gathering were arranged. mends a revision, and these recommendations ment, be deemed private because each listener
Since the death of E. T. Paull, secretary of
have met with the approval of the board. For may be alone in the privacy of his home. Radio
the Association, and the elimination of Alfred
this reason the coming gathering will be one broadcasting is intended, and, in fact, does
L. Smith as executive secretary, the burdens of
of the most important held by the Association reach a very much larger number of the public
both offices have fallen on the shoulders of M. in a decade and should assure the attendance at the moment of the rendition than any other
E. Tompkins, secretary and sales manager of
of every member with a large attendance medium of performance. The artist is con-
G. Schirmer, Inc. Mr. Tompkins and Walter already promised.
stantly addressing a great and widely scattered
Fischer have been proposed as the new presi-
As usual the Association will hold its annual audience and is therefore participating in a pub-
dent. Both, however, emphatically declare they banquet in the evening following the day's ses- lic performance.
can hardly assume the duties of the office due sions. It is planned to have as the principal
"That under the Copyright act a public per-
to their other responsibilities. It is hoped by speaker on that occasion an important member formance may be for profit, though no admis-
those interested, however, that a compromise of the government from Washington, D. C. As sion fee is exacted or no profit actually made,
can be arranged whereby one of these energetic the proposal involves obtaining one who is is stated in Herbert vs. Shanley, 242 U. S. 591.
executives can be induced to assume the burden quite familiar with copyright law, to-day's most It suffices, as there held, that the performance
of the Association's activities for at least a one- important subject, the evening gathering should be for profit and not eleemosynary; it is against
year period.
produce "standing room only."
the commercial as distinguished from the purely
philanthropic use of another's composition that
the statute is directed.
"It is immaterial, in our judgment, whether
that commercial use be such as to secure direct
payment for the performance by each listener
or indirect payment as by a hat-checking charge
Reverses Decision of District Court Which Had Previously Dismissed the Suit of Jerome H. when no admission fee is required, or a general
Remick & Co. vs. American Auto. Accessories Co., Now Crosley Co.
commercial advantage as by advertising one's
name in the expectation and hope of making
C I N C I N N A T I , O., April 9.—The United Mack, Maurice H. Donahue and Arthur C
profit through the sale of one's products, be
States Circuit Court of Appeals in a deci- Denison, of the Court of Appeals, said in their
they radio or other goods."
sion handed down today, reversed the judgment opinion:
of Judge Smith Hickenlooper, of the United
"While the fact that the radio was not devel-
States District Court, who previously dismissed oped at the time the Copyright act was enacted
the suit of Jerome H. Remick & Co. against the in 1909 may raise some question as to whether
PORTLAND, ORI:., April 2.—The new Sherman,
American Automobile Accessories Co., now the it properly comes within the purview of the
Clay & Co. publication, "Twilight," is quite
Crosley Radio Corp.
The original action statute, it is not by that fact excluded from the popular in this territory in fox-trot form. The
sought to enjoin the defendant from broadcast- statute. In other words, the statute may be early sales of the number would indicate that
ing a musical composition, "Dreamy Melody," applied to a situation not anticipated by Con- it will be an active seller all over the country.
copyrighted by the Remick Co. Alleging that gress, if fairly construed, and such situation
The author is Natio Herb Brown, author of
the Crosley Corp. was engaged in the manufac- conies clearly within the intent and meaning of
"The Sneak" and "Hoo Doo Man." "On the
ture and selling of radio products for profit the statute.
Oregon Trail," another Sherman, Clay &• Co.
and that its broadcasting station, known as
"Bills have been introduced in both House publication, is being featured by all the schools,
WLW, was maintained as a medium of adver- and Senate to permit broadcasting without in- colleges and clubs in this State and is being
tising its products, the plaintiff contended that fringing copyrights. The rights of composer, received enthusiastically wherever the number
broadcasting of the composition was in viola- performer and the public under this new method
is heard.
tion of the Copyright act and as such he was of reproduction are eminently matters for con-
entitled to damages.
sidered legislation; but until Congress shall have
The Wilson Broadway Music Shop, 1142 Wil-
In reversing and remanding the case to the specifically determined the relative rights of the son avenue, Chicago, has increased its capital
lower court for proceedings, Judges Julian W. parties we can but decide whether and to what
stock from $2,500 to $25,000.
Annual Meeting of Music Publishers
Will Be Held in New York on June 9
Federal Court of Appeals Upholds the
Publishers' Copyright in Broadcasting
"Twilight" Is Popular
MIDNIGHT
WALTZ*
MISS
7Ae Waltz In T?ie Air/
Eifc
at Midnight /
^Jor thosejidho delight
in beautiful
ballads
'You Can't Go Wrong With
k
Written and ^eatuted by
HARRY M. SNODGRASS *King of tile Tories'
Ted Lewis New Waltz Hit
WHILE WE DANCED
TILL DAWN*
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