Music Trade Review
Issue: 1927 Vol. 85 N. 22 - Page 32
Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
IN THE WORLD OF MUSIC PUBLISHING
"Three Shades of Blue"
Issued by Robbins Corp.
New Number Is by Ferdie Grofe, Chief Ar-
ranger for Paul Whiteman's Orchestra
An important contribution to modern Ameri-
can music has just been announced by the Paul
Whiteman Publications, Inc., New York, with
the publication of "Three Shades of Blue" by
Ferdie Grofe, chief arranger for Paul White-
"Three Shades of Blue" is now ready for gen-
eral distribution and from orders received in
advance of publication it looks as though it
would have a very large sale. The Robbins
Music Corp., New York, is exclusive distribu-
tor for Paul Whiteman Publications, Inc., and
handles all business for this company.
RUSSIAN LULLABY
WHAT I1O WK DO ON A DKW
DEWY DAY
Employer's Responsibility
in Copyright Case
ME AND MY SHADOW
Federal District Court in Tennessee Decides in
Favor of the American Society
ARE YOU LONESOME TONIGHT?
Announcement was made this week by the
American Society of Composers, Authors and
Publishers of the decision just handed down in
the District Court of Tennessee in favor of M.
Witmark & Sons, New York, versus R. M. Cal-
loway. The litigation, which was conducted by
the Society, concerned the action of the de-
fendant in playing copyrighted music by means
of music rolls in his motion picture theatre in
Lenior City, Tenn. The theatre had subscribed
to a roll service supposed to be limited to
slrictly non-copyrighted or so-called "tax free"
music.
The employe operating the piano had been in-
structed under no circumstances to play any
copyrighted music, but it developed that he tired
of playing the same rolls over and over and
borrowed some r-olls from a nearby drug store,
une of them being a recording of "Smilin'
Through," published by the Witmark house, on
which the Society's action was based.
Ferdie Grofe
The court held that "the master is civilly
man's Orchestra. "Three Shades of Blue" is
liable in damages for the wrongful act of his
being issued as a suite of three jazz pieces for
servant in the transaction of his business which
piano and it is in reality concert music in the he was employed to do, although the particular
jazz idiom. The separate numbers are entitled act may have been done without express
"Indigo," "Alice Blue" and "Heliotrope." Mr. authority from the master, or even against his
Grofe has adapted the moods and characteristics
orders" and therefore that "the lack of inten-
of jazz to music that has form and genuine tion (to infringe) does not affect the fact of
musical quality. The consequence is that it has
liability. The result and not the intention de-
attracted the attention of many concert artists termines the question of infringement." The
and will doubtless be heard on more than one
Court awarded damages of $250 for the in-
recital program during the current musical sea- fringement and in addition counsel's fees of $250
son.
and an injunction restraining further infringe-
ments was added.
In the field of orchestration for the modern
dance orchestra it is generally admitted that
Mr. Grofe has few, if any, peers. Practically all
the striking arrangements which have been
heard from the Paul Whiteman orchestra have
come from his pen and his orchestra suite,
"Mississippi," has been one of the great favor-
Progress with the number, "Whether It
ites of Paul Whiteman's concert programs. In
Rains, Whether It Shines," is being made con-
the near future an orchestral version of "Three
sistently by the Harry Von Tilzer Music Pub-
Shades of Blue" will be performed by it.
lishing Co., New York, which reports that the
Von Tilzer Number
Is Widely Recorded
MOTHER OF MINK, I STILL, HAVE
YOU
MISS ANNABELLE LEE
MR. AEROPLANE MAN
THERE MIST ]tK SOMEBODY
ELSE
THE HOURS I SPENT WITH YOI'
WHAT DOES IT MATTER?
IS IT POSSIBLE?
ITS A MILLION TO ONE YOU'RE
IN LOVE
SOMEBODY
AND ME
SWEET MARIE
LOVE AND KISSES
YANKEE ROSE
DON'T FORGET WHEN THE SUM
MER ROLLS BY
A SIREN DREAM
SOMEONE LIKE YOU MADE SOME-
ONE LIKE ME LIKE YOU
From the new "ZIEGFELD
FOLLIES"
OOH, MAYBE IT'S YOU
IT ALL BELONGS TO ME
SHAKING THE BLUES
IT'S
UP TO THE
AWAY
BAND
BOOKS THAT SELL
UNIVERSAL DANCE FOLIO, No. 13
IKVING BERLIN SAXOPHONE
FOLIO Nos. 1 and 2
IKVING BERLIN, INC. SONG HITS
FOR TENOR BANJO, Nog. 1, ii, 3
PAUL ASH NOVELTY PIANO
FOLIO
AL JOLSON SONG HIT FOLIO
WORLD'S FAVORITE SONGS
PETERSON'S UKULELE METHOD
THE MOST POPULAR NEGRO
SPIRITUALS
Published In four separate folios for
TENOR BANJO, with piano accom-
paniment
SAXOPHONE, for Eb, Bb and C Mel-
ody Saxophones
(Combined)
with
piano accompaniment
VIOLIN AND PIANO
PIANO AND VOICE
(Each Volume, Words and Mimic
Complete)
IRVING BERLIN l,,,
1607 Broadway New York City
McKINLEY
MUSIC
20 A Qopy'to Dealers^ 7 A Copy"
r
McKINLEY MUSIC CO.
(
^
CHICAGO,ILL
32
number has been made by the leading mechani-
cals. Among them are: Columbia record by
Victor Meyers and His Orchestra; Harmony
and Banner records by Fletcher Henderson and
His Orchestra; Brunswick record by Dan Kis-
sam's Orchestra with a vocal chorus by Vaughn
de Leath; Edison record by Duke Yellman and
His Orchestra. In addition, "Whether It Rains"
lias been recorded by Pete Wendling on Q R S
music rolls. In connection with Duke Yell-
man's recording on the Edison, this record was
listed as the best seller of the week in the
Kdison list published in a recent Sunday edition
of the New York Daily News.
IN THE WORLD OF MUSIC PUBLISHING
"Three Shades of Blue"
Issued by Robbins Corp.
New Number Is by Ferdie Grofe, Chief Ar-
ranger for Paul Whiteman's Orchestra
An important contribution to modern Ameri-
can music has just been announced by the Paul
Whiteman Publications, Inc., New York, with
the publication of "Three Shades of Blue" by
Ferdie Grofe, chief arranger for Paul White-
"Three Shades of Blue" is now ready for gen-
eral distribution and from orders received in
advance of publication it looks as though it
would have a very large sale. The Robbins
Music Corp., New York, is exclusive distribu-
tor for Paul Whiteman Publications, Inc., and
handles all business for this company.
RUSSIAN LULLABY
WHAT I1O WK DO ON A DKW
DEWY DAY
Employer's Responsibility
in Copyright Case
ME AND MY SHADOW
Federal District Court in Tennessee Decides in
Favor of the American Society
ARE YOU LONESOME TONIGHT?
Announcement was made this week by the
American Society of Composers, Authors and
Publishers of the decision just handed down in
the District Court of Tennessee in favor of M.
Witmark & Sons, New York, versus R. M. Cal-
loway. The litigation, which was conducted by
the Society, concerned the action of the de-
fendant in playing copyrighted music by means
of music rolls in his motion picture theatre in
Lenior City, Tenn. The theatre had subscribed
to a roll service supposed to be limited to
slrictly non-copyrighted or so-called "tax free"
music.
The employe operating the piano had been in-
structed under no circumstances to play any
copyrighted music, but it developed that he tired
of playing the same rolls over and over and
borrowed some r-olls from a nearby drug store,
une of them being a recording of "Smilin'
Through," published by the Witmark house, on
which the Society's action was based.
Ferdie Grofe
The court held that "the master is civilly
man's Orchestra. "Three Shades of Blue" is
liable in damages for the wrongful act of his
being issued as a suite of three jazz pieces for
servant in the transaction of his business which
piano and it is in reality concert music in the he was employed to do, although the particular
jazz idiom. The separate numbers are entitled act may have been done without express
"Indigo," "Alice Blue" and "Heliotrope." Mr. authority from the master, or even against his
Grofe has adapted the moods and characteristics
orders" and therefore that "the lack of inten-
of jazz to music that has form and genuine tion (to infringe) does not affect the fact of
musical quality. The consequence is that it has
liability. The result and not the intention de-
attracted the attention of many concert artists termines the question of infringement." The
and will doubtless be heard on more than one
Court awarded damages of $250 for the in-
recital program during the current musical sea- fringement and in addition counsel's fees of $250
son.
and an injunction restraining further infringe-
ments was added.
In the field of orchestration for the modern
dance orchestra it is generally admitted that
Mr. Grofe has few, if any, peers. Practically all
the striking arrangements which have been
heard from the Paul Whiteman orchestra have
come from his pen and his orchestra suite,
"Mississippi," has been one of the great favor-
Progress with the number, "Whether It
ites of Paul Whiteman's concert programs. In
Rains, Whether It Shines," is being made con-
the near future an orchestral version of "Three
sistently by the Harry Von Tilzer Music Pub-
Shades of Blue" will be performed by it.
lishing Co., New York, which reports that the
Von Tilzer Number
Is Widely Recorded
MOTHER OF MINK, I STILL, HAVE
YOU
MISS ANNABELLE LEE
MR. AEROPLANE MAN
THERE MIST ]tK SOMEBODY
ELSE
THE HOURS I SPENT WITH YOI'
WHAT DOES IT MATTER?
IS IT POSSIBLE?
ITS A MILLION TO ONE YOU'RE
IN LOVE
SOMEBODY
AND ME
SWEET MARIE
LOVE AND KISSES
YANKEE ROSE
DON'T FORGET WHEN THE SUM
MER ROLLS BY
A SIREN DREAM
SOMEONE LIKE YOU MADE SOME-
ONE LIKE ME LIKE YOU
From the new "ZIEGFELD
FOLLIES"
OOH, MAYBE IT'S YOU
IT ALL BELONGS TO ME
SHAKING THE BLUES
IT'S
UP TO THE
AWAY
BAND
BOOKS THAT SELL
UNIVERSAL DANCE FOLIO, No. 13
IKVING BERLIN SAXOPHONE
FOLIO Nos. 1 and 2
IKVING BERLIN, INC. SONG HITS
FOR TENOR BANJO, Nog. 1, ii, 3
PAUL ASH NOVELTY PIANO
FOLIO
AL JOLSON SONG HIT FOLIO
WORLD'S FAVORITE SONGS
PETERSON'S UKULELE METHOD
THE MOST POPULAR NEGRO
SPIRITUALS
Published In four separate folios for
TENOR BANJO, with piano accom-
paniment
SAXOPHONE, for Eb, Bb and C Mel-
ody Saxophones
(Combined)
with
piano accompaniment
VIOLIN AND PIANO
PIANO AND VOICE
(Each Volume, Words and Mimic
Complete)
IRVING BERLIN l,,,
1607 Broadway New York City
McKINLEY
MUSIC
20 A Qopy'to Dealers^ 7 A Copy"
r
McKINLEY MUSIC CO.
(
^
CHICAGO,ILL
32
number has been made by the leading mechani-
cals. Among them are: Columbia record by
Victor Meyers and His Orchestra; Harmony
and Banner records by Fletcher Henderson and
His Orchestra; Brunswick record by Dan Kis-
sam's Orchestra with a vocal chorus by Vaughn
de Leath; Edison record by Duke Yellman and
His Orchestra. In addition, "Whether It Rains"
lias been recorded by Pete Wendling on Q R S
music rolls. In connection with Duke Yell-
man's recording on the Edison, this record was
listed as the best seller of the week in the
Kdison list published in a recent Sunday edition
of the New York Daily News.
Future scanning projects are planned by the International Arcade Museum Library (IAML).