Music Trade Review
Issue: 1926 Vol. 82 N. 4 - Page 39
Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
JANUARY 23,
THE
1926
MUSIC TRADE
39
REVIEW
IN THE WORLD OF MUSIC PUBLISHING
Conducted By V. D. Walsh
Feist House Victor in Plagiarism Suit
Involving Fiorito's "When Lights Are Low"
Federal District Court of Minneapolis Holds Samuel Becker, Plaintiff, Had No Grounds for
Charge That Number Composed by Him Was Basis of Song Published by Feist
JUDGE J. W. MOLYNEAUX in Federal Dis-
•^ trict Court in Minneapolis dismissed the suit
of Samuel Becker, taxi driver and composer,
against Ted Fiorito, the Chicago composer, and
Leo Feist, Inc.
Mr. Becker, who sued for $100,000 damages
charging plagiarism, instituted his action in 1924
charging that Mr. Fiorito's successful song,
"When Lights Are Low," was an infringement
on Mr. Becker's "Valse Allurement." At the
time of bringing the original action, Mr. Becker
gave out many interviews in which he freely
stated that his song was stolen.
Before dismissing the action Judge Moly-
neaux heard the disputed numbers played over
in the Federal Court many times, following
which it was admitted that both were taken
from a basic melody written ninety years ago by
the composer Von Weber in "Invitation to the
Dance."
Francis Gilbert, attorney for Leo Feist, Inc.,
and Ted Fiorito produced nine strains of music
from compositions, some of which were pub-
lished one hundred years ago in which were
included the bars in question from "When
Lights Are Low" and "Valse Allurement." Mr.
Becker's own witnesses admitted under cross-
examination that the basic melody of all nine
was the same, thus the court dismissed the case.
Although Leo Feist, Inc., having full knowl-
edge of the evidence to be presented, undoubt-
edly could have settled the case out of court,
preferred at a great expenditure of time and
money, including a trip to Minneapolis by one
of the most noted copyright attorneys in the
country, Francis Gilbert, Edgar F. Bittner, gen-
eral manager of Leo Feist, Inc., and Harry
Archer, the well-known composer, to be vin-
dicated at a court of law.
The publicity Mr. Becker received from
Minneapolis papers when charging that a big
New York publisher had "stolen his song" made
necessary from the Feist viewpoint a decision
in open court.
Leo Feist,-Inc., also bore in mind the fact
that all too frequently a charge is made of plagi-
arism when a number attains huge success and
unusual profits. Carrying such cases to a suc-
cessful conclusion thereby placing the decisions
on record the Feist organization believes will
react to the benefit of the music industry, show-
ing that charges from irresponsible sources can
not be permitted to go unchallenged and be
tried in public.
Bregman and Levitz Get
Interest in Robbins-Engel
interest and was made secretary-treasurer of the
new corporation. Later, the famous arranger,
Domenico Savino, was similarly treated, receiv-
ing the rank of vice-president.
The new shareholders are two of the most
capable and well-informed men in the music
industry. Bregman has a wide acquaintance-
ship among the mechanical companies and the
trade. Levitz is well versed in the various
technical aspects of the industry.
Jack Robbins Presents Them With Stock in
Recognition of Faithful and Loyal Service to
House
Jack Bregman, for the past ten years affiliated
with Robbins-Engel, Inc., as head of that firm's
trade and mechanical departments, and Stephen
Levitz, general assistant to Jack Robbins, head
of the firm, were this week given liberal blocks
of shares in the firm as an indication of the
firm's appreciation for their loyalty and faith-
ful service.
It has been Mr. Robbins' policy since he pur-
chased the interest of his former partner,
Maurice Richmond, to give an interest in his
concern to fhose affiliated with him. At the
inception of his publishing enterprise last year,
Harry Engel, who had been sales manager for
the Richmond-Robbins firm, was given a liberal
Sam Harris New Chicago
Manager for Carl Fischer
Veteran Member of Sheet Music Trade to Look
After Interests of Fischer House in Mid-West
Territory
Sam Harris, one of the best-known music men
in the city of Chicago, and who has a wide ac-
quaintance . throughout the trade, has been ap-
pointed manager of the Chicago branch of Carl
Fischer, Inc. Louis B. Malecki, of the Fischer
Chicago warerooms, will continue to manage
the muscal instrument department of that estab-
lishment.
Mr. Harris has long and exceptional ex-
perience in the sheet music business, having been
a member of the industry for twenty-eight
years, starting originally as an errand boy with
the White-Smith Co. After ten years, during
which time his initiative and ability won him
steady promotion, he joined the Willis Music
Co. for a two-year period. Later he was with
the Gamble-Hinged Music Co. of Chicago,
working for Mr. Gamble as a salesman, quickly
followed by activities as a buyer and manager,
continuing in this capacity up to the present
time.
Mr. Harris has made a name for himself in
the music business, is known for his high ideals
and business acumen. He leaves Mr. Gamble
with the best wishes of the head of that firm
and the Gamble-Hinged organization. Mr. Har-
ris' outstanding characteristics are a voluminous
amount of energy, diligence and a determina-
tion to get there.
This department congratulates both Mr. Har
ris on his new activities, which probably give
him wider scope, and also the enterprising firm
of Carl Fischer, Inc., in gathering to its fold one
of the leaders of the music trade.
"Ten Popular Marches"
Issued by Ditson Co.
New Folio Contains Ten Well-known Numbers
in Fine Piano Transcriptions
The Oliver Ditson Co. has issued in folio
form "Ten Popular Marches" for the piano.
This compilation includes some of the works of
important band composers which were selected
particularly because they made such excellent
marches in piano form. The contents include
"American Line March," "Le Beau Sabreur,"
"Fife and Drum," "Fredonia March," "Marching
Along," "Night School March," "The Serenade
March," "Under the Banner of Victory," "Under
the Double Eagle" and "With the Colors."
Joe Davis Goes West
Joe Davis, head of the Triangle Music Pub-
lishing Co., Inc., will shortly Jeave New York
to spend a week in Chicago. He will visit the
trade and spend some time with the orchestras
and radio stations trying to get the mid-West
better acquainted with "Honeymoon Waltz" and
"Hot Coffee."
MANY
PAR7IES
WO
PALS
Dramatic Ballad
Sensation
BILLY ROSE, M0RT DIXON
and RAY HENDERSON
You
Carit
Co
Wrong
With
Any VE/ST' Song'
JANUARY 23,
THE
1926
MUSIC TRADE
39
REVIEW
IN THE WORLD OF MUSIC PUBLISHING
Conducted By V. D. Walsh
Feist House Victor in Plagiarism Suit
Involving Fiorito's "When Lights Are Low"
Federal District Court of Minneapolis Holds Samuel Becker, Plaintiff, Had No Grounds for
Charge That Number Composed by Him Was Basis of Song Published by Feist
JUDGE J. W. MOLYNEAUX in Federal Dis-
•^ trict Court in Minneapolis dismissed the suit
of Samuel Becker, taxi driver and composer,
against Ted Fiorito, the Chicago composer, and
Leo Feist, Inc.
Mr. Becker, who sued for $100,000 damages
charging plagiarism, instituted his action in 1924
charging that Mr. Fiorito's successful song,
"When Lights Are Low," was an infringement
on Mr. Becker's "Valse Allurement." At the
time of bringing the original action, Mr. Becker
gave out many interviews in which he freely
stated that his song was stolen.
Before dismissing the action Judge Moly-
neaux heard the disputed numbers played over
in the Federal Court many times, following
which it was admitted that both were taken
from a basic melody written ninety years ago by
the composer Von Weber in "Invitation to the
Dance."
Francis Gilbert, attorney for Leo Feist, Inc.,
and Ted Fiorito produced nine strains of music
from compositions, some of which were pub-
lished one hundred years ago in which were
included the bars in question from "When
Lights Are Low" and "Valse Allurement." Mr.
Becker's own witnesses admitted under cross-
examination that the basic melody of all nine
was the same, thus the court dismissed the case.
Although Leo Feist, Inc., having full knowl-
edge of the evidence to be presented, undoubt-
edly could have settled the case out of court,
preferred at a great expenditure of time and
money, including a trip to Minneapolis by one
of the most noted copyright attorneys in the
country, Francis Gilbert, Edgar F. Bittner, gen-
eral manager of Leo Feist, Inc., and Harry
Archer, the well-known composer, to be vin-
dicated at a court of law.
The publicity Mr. Becker received from
Minneapolis papers when charging that a big
New York publisher had "stolen his song" made
necessary from the Feist viewpoint a decision
in open court.
Leo Feist,-Inc., also bore in mind the fact
that all too frequently a charge is made of plagi-
arism when a number attains huge success and
unusual profits. Carrying such cases to a suc-
cessful conclusion thereby placing the decisions
on record the Feist organization believes will
react to the benefit of the music industry, show-
ing that charges from irresponsible sources can
not be permitted to go unchallenged and be
tried in public.
Bregman and Levitz Get
Interest in Robbins-Engel
interest and was made secretary-treasurer of the
new corporation. Later, the famous arranger,
Domenico Savino, was similarly treated, receiv-
ing the rank of vice-president.
The new shareholders are two of the most
capable and well-informed men in the music
industry. Bregman has a wide acquaintance-
ship among the mechanical companies and the
trade. Levitz is well versed in the various
technical aspects of the industry.
Jack Robbins Presents Them With Stock in
Recognition of Faithful and Loyal Service to
House
Jack Bregman, for the past ten years affiliated
with Robbins-Engel, Inc., as head of that firm's
trade and mechanical departments, and Stephen
Levitz, general assistant to Jack Robbins, head
of the firm, were this week given liberal blocks
of shares in the firm as an indication of the
firm's appreciation for their loyalty and faith-
ful service.
It has been Mr. Robbins' policy since he pur-
chased the interest of his former partner,
Maurice Richmond, to give an interest in his
concern to fhose affiliated with him. At the
inception of his publishing enterprise last year,
Harry Engel, who had been sales manager for
the Richmond-Robbins firm, was given a liberal
Sam Harris New Chicago
Manager for Carl Fischer
Veteran Member of Sheet Music Trade to Look
After Interests of Fischer House in Mid-West
Territory
Sam Harris, one of the best-known music men
in the city of Chicago, and who has a wide ac-
quaintance . throughout the trade, has been ap-
pointed manager of the Chicago branch of Carl
Fischer, Inc. Louis B. Malecki, of the Fischer
Chicago warerooms, will continue to manage
the muscal instrument department of that estab-
lishment.
Mr. Harris has long and exceptional ex-
perience in the sheet music business, having been
a member of the industry for twenty-eight
years, starting originally as an errand boy with
the White-Smith Co. After ten years, during
which time his initiative and ability won him
steady promotion, he joined the Willis Music
Co. for a two-year period. Later he was with
the Gamble-Hinged Music Co. of Chicago,
working for Mr. Gamble as a salesman, quickly
followed by activities as a buyer and manager,
continuing in this capacity up to the present
time.
Mr. Harris has made a name for himself in
the music business, is known for his high ideals
and business acumen. He leaves Mr. Gamble
with the best wishes of the head of that firm
and the Gamble-Hinged organization. Mr. Har-
ris' outstanding characteristics are a voluminous
amount of energy, diligence and a determina-
tion to get there.
This department congratulates both Mr. Har
ris on his new activities, which probably give
him wider scope, and also the enterprising firm
of Carl Fischer, Inc., in gathering to its fold one
of the leaders of the music trade.
"Ten Popular Marches"
Issued by Ditson Co.
New Folio Contains Ten Well-known Numbers
in Fine Piano Transcriptions
The Oliver Ditson Co. has issued in folio
form "Ten Popular Marches" for the piano.
This compilation includes some of the works of
important band composers which were selected
particularly because they made such excellent
marches in piano form. The contents include
"American Line March," "Le Beau Sabreur,"
"Fife and Drum," "Fredonia March," "Marching
Along," "Night School March," "The Serenade
March," "Under the Banner of Victory," "Under
the Double Eagle" and "With the Colors."
Joe Davis Goes West
Joe Davis, head of the Triangle Music Pub-
lishing Co., Inc., will shortly Jeave New York
to spend a week in Chicago. He will visit the
trade and spend some time with the orchestras
and radio stations trying to get the mid-West
better acquainted with "Honeymoon Waltz" and
"Hot Coffee."
MANY
PAR7IES
WO
PALS
Dramatic Ballad
Sensation
BILLY ROSE, M0RT DIXON
and RAY HENDERSON
You
Carit
Co
Wrong
With
Any VE/ST' Song'
Future scanning projects are planned by the International Arcade Museum Library (IAML).