Music Trade Review
Issue: 1929 Vol. 88 N. 13 - Page 17
Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
IN THE WORLD OF MUSIC PUBLISHING
Conducted by Fred B. Diehl
Publishers' Society Makes Clear Its
Royalty Stand for Public Performance
T P H E American Society of Composers, Au-
thors and Publishers, through the medium
of a letter sent out by E. C. Mills, chairman of
the Administrative Committee, denied the
charges made at various times that the society
seeks to collect royalties for the public per-
formance of copyrighted music from dealers
who demonstrate records and music rolls for
the purpose of developing the trade and de-
clares that action is taken only in cases where
the demonstrations are conducted primarily for
the purpose of entertaining patrons in other de-
partments of the store such as at the lunch
counters and not primarily fur the purpose of
promoting record sales.
In this connection, the Society calls attention
to an interesting opinion handed down on
March 16, 1929, by Judge Otis in the U. S. Dis-
trict Court for the Western District of Mis-
souri. The opinion was presented in an action
brought by Gene Buck, as president of the so-
ciety, and Leo Feist, "Inc., against W. A.
Myers, a restaurant proprietor of Neosho, Mo.,
who conducts a phonograph and record busi-
ness as a side line. The decision, which is of
importance in view of recent claims and counter-
claims growing out of the copyright discussion,
is in full as follows:
business, he was engaged in .selling. Such is
the alleged infringement.
"1. That the owner of a restaurant who with-
out authority from the owner of the copyright
produces a copyrighted musical production for
the entertainment of his guests without other
compensation than his general charge for food
and service is nevertheless giving a 'public per-
formance for profit' and so infringing the copy-
right is settled law. Victor Herbert, et al. vs.
The Shanley Company, 242 U. S. 591.
"2. The defendant contends that a dealer in
records of copyrighted musical productions may
publicly play such records as a display of his
wares to prospective purchasers. I think the
contention is sound. The law undoubtedly by
necessary implication authorizes the manufac-
ture and sale of such records (the required
royalties having been paid by the manufacturer
to the owner of the copyright) and the right
to show a thing which may be sold to those
to whom it is sought to sell it is a necessary
incident of the right to sell. The sale of the
record means a profit to the dealer and in that
sense when he plays it for purchasers he is
playing it for a profit (for himself and for the
owner of the copyright also) but that profit
arises not from the public performance of the
production (for which he gets nothing) but
MEMORANDUM OPINION
from the sale of the record. It is not a per-
"This is an action for an injunction and dam-
formance for profit within the meaning of the
ages on account of alleged infringement of
statute. So, if this defendant, as a dealer in
copyright to a musical production known as
records, played them only before prospective
'Ramona.' The defendant, who has a restau-
purchasers of records and for no other profit
rant in the town of Neosho, Missouri, having
than that arising from their sale, to my mind
in his restaurant phonographic records contain-
there would be no infringement of copyright.
ing this production, caused them to be repro-
"But the defendant here produced this musi-
duced for the entertainment of his customers,
cal piece called 'Ramona' for a consideration
dining in his restaurant, and also that they
other than his profits from sales of records, to-
might be heard by prospective purchasers of
wit, the same consideration described in Victor
records, which, as a sideline to his principal
Herbert et al. vs. Shanley Company, supra.
His purpose was twofold, partly legitimate,
50 NEW NUMBERS AND NEW
partly illegitimate.
CATALOGS NOW READY!
200% PROFIT FOR THE DEALER
"A music dealer may play records, although
of copyrighted productions, to customers in his
store. He need not lead them one by one
into a closet there to hear a record he is offer-
ing for sale. What he may not do is to charge
admission to the store and so derive a profit
from a performance as such. The defendant
here is in this latter category in that he de-
rived an additional profit other than from the
sale of records from the increased prices he ob-
tained by reason of entertainment furnished by
him, for food sold and services rendered by him
as a restaurant owner.
"Plaintiffs will be given a permanent injunc-
tion, damages in the amount of $250.00, and an
allowance for attorney's fees in the amount of
$100.00. A form of decree may be submitted
lor approval and entry."
(Signed) MERRIL E. OTIS, District Judge.
AJCVA
W
New Publishing Firm
LEYED
Standard Teaching Music
Favorite Son<> and Instrumental Hits
Standard Studies for Piano,
Voice,Violin,Etc.
KANSAS CITY, MO., March 23.—Samuel Randall
and Dr. Leon Montgomery have just formed a
new music publishing concern, which will oper-
ate in Kansas City, Kan., under the name of
the Randall Music Publishing Co. The firm
will specialize in popular music and will an-
nounce its initial catalog shortly.
Send for Samples and Terms Today
McKINLEY MUSIC CO.
1501-1515 E. 55th St.
CHICAGO
Consult the Universal Want Directory of
The Review.
17
Songs that Sell
Irving Berlin, Inc.
Songs
Irvine Berlin's
HOW ABOUT ME
I'LL GET BY
DOWN AMONG THE SUGAR-CANE
THE WALTZ I CAN'T FORGET
I'M "KA-RAZY" FOR YOU (new)
WATCHA GONNA DO DO NOW
Irving Berlin's
ROSES OF YESTERDAY
FA FA FATHER
BELOVED
GET OUT AND GET UNDER THE
MOON
HAROLD TEEN (new)
I STILL KEEP DREAMING OF YOU
LITTLE ORPHAN ANNIE
THE SPELL OF THE HLl'KS
THEN CAME THE WAR
JUMPING JACK
Picture Theme Songs
Irving Berlin's
MARIE from "The Awakening"
Irving Berlin's
WHERE IS THE SONG OF SONGS
FOR ME, from "Lady of the Pave-
ments"
I'D RATHER BE BLUE OVER YOU
(Than Be Happy With Somebody
Else) from "My Mnn"
RAINBOW 'ROUND MY SHOULDER
from "The Singing Fool"
I LOVED YOU THEN AS I LOVE
YOU NOW, from "Dancing
Daughters"
WEARY RIVER from "Weary River"
IT'S UP TO YOU, from "Weary
River"
HEART O' MINE from "Noah's Ark"
OLD TIMER from "Noah's Ark"
ETERNAL LOVE from "Eternal
Love"
GERALDINE from "Geraldlne"
LINDA from "Linda"
I'LL NEVER FORGET from "Trial
Marriage"
PALS. JUST PALS from "Sub-
marine"
FLOWER OF LOVE from "White
Shadows"
IN A LITTLE HIDE-AWAY from
"Excess Baggage"
LONESOME from "Lonesome"
GIVE AND TAKE from "Give and
Take"
LOVE CAN NEVER DIE from "Man,
Woman and Wife"
LOVE, ALL I WANT 18 LOVE, from
"The Godless Girl"
J l 8T A SWEETHEART from "The
Battle of th« Sexes"
I FOUND GOLD WHEN I FOUND
YOU, from "The Trail of f »8"
LOVE BROUGHT THE SUNSHINE
from "The Wind"
Folios
UNIVERSAL DANCE FOLIO
No. 10
PETERSONS UKULELE METHOD
WORLD'S FAVORITE SONGS
IRVING BERLIN In,
1607 Broadway New York City
Igspay Siay Igspay
A new novelty number, based on the "pig-
latin" idiom, has just been released by Mills
Music, Inc., New York, and is expected to
strike a real popular appeal in view of the re-
quests for it on the part of big acts and radio
entertainers. The title of the song is "Do You
Wanna Little Iss-Kay?' the last word of which,
lor the benefit of those who failed to take Pig-
Latin I in their school days, is translated as
"Kiss." The early demand for the number has
necessitated the writing of extra choruses.
IN THE WORLD OF MUSIC PUBLISHING
Conducted by Fred B. Diehl
Publishers' Society Makes Clear Its
Royalty Stand for Public Performance
T P H E American Society of Composers, Au-
thors and Publishers, through the medium
of a letter sent out by E. C. Mills, chairman of
the Administrative Committee, denied the
charges made at various times that the society
seeks to collect royalties for the public per-
formance of copyrighted music from dealers
who demonstrate records and music rolls for
the purpose of developing the trade and de-
clares that action is taken only in cases where
the demonstrations are conducted primarily for
the purpose of entertaining patrons in other de-
partments of the store such as at the lunch
counters and not primarily fur the purpose of
promoting record sales.
In this connection, the Society calls attention
to an interesting opinion handed down on
March 16, 1929, by Judge Otis in the U. S. Dis-
trict Court for the Western District of Mis-
souri. The opinion was presented in an action
brought by Gene Buck, as president of the so-
ciety, and Leo Feist, "Inc., against W. A.
Myers, a restaurant proprietor of Neosho, Mo.,
who conducts a phonograph and record busi-
ness as a side line. The decision, which is of
importance in view of recent claims and counter-
claims growing out of the copyright discussion,
is in full as follows:
business, he was engaged in .selling. Such is
the alleged infringement.
"1. That the owner of a restaurant who with-
out authority from the owner of the copyright
produces a copyrighted musical production for
the entertainment of his guests without other
compensation than his general charge for food
and service is nevertheless giving a 'public per-
formance for profit' and so infringing the copy-
right is settled law. Victor Herbert, et al. vs.
The Shanley Company, 242 U. S. 591.
"2. The defendant contends that a dealer in
records of copyrighted musical productions may
publicly play such records as a display of his
wares to prospective purchasers. I think the
contention is sound. The law undoubtedly by
necessary implication authorizes the manufac-
ture and sale of such records (the required
royalties having been paid by the manufacturer
to the owner of the copyright) and the right
to show a thing which may be sold to those
to whom it is sought to sell it is a necessary
incident of the right to sell. The sale of the
record means a profit to the dealer and in that
sense when he plays it for purchasers he is
playing it for a profit (for himself and for the
owner of the copyright also) but that profit
arises not from the public performance of the
production (for which he gets nothing) but
MEMORANDUM OPINION
from the sale of the record. It is not a per-
"This is an action for an injunction and dam-
formance for profit within the meaning of the
ages on account of alleged infringement of
statute. So, if this defendant, as a dealer in
copyright to a musical production known as
records, played them only before prospective
'Ramona.' The defendant, who has a restau-
purchasers of records and for no other profit
rant in the town of Neosho, Missouri, having
than that arising from their sale, to my mind
in his restaurant phonographic records contain-
there would be no infringement of copyright.
ing this production, caused them to be repro-
"But the defendant here produced this musi-
duced for the entertainment of his customers,
cal piece called 'Ramona' for a consideration
dining in his restaurant, and also that they
other than his profits from sales of records, to-
might be heard by prospective purchasers of
wit, the same consideration described in Victor
records, which, as a sideline to his principal
Herbert et al. vs. Shanley Company, supra.
His purpose was twofold, partly legitimate,
50 NEW NUMBERS AND NEW
partly illegitimate.
CATALOGS NOW READY!
200% PROFIT FOR THE DEALER
"A music dealer may play records, although
of copyrighted productions, to customers in his
store. He need not lead them one by one
into a closet there to hear a record he is offer-
ing for sale. What he may not do is to charge
admission to the store and so derive a profit
from a performance as such. The defendant
here is in this latter category in that he de-
rived an additional profit other than from the
sale of records from the increased prices he ob-
tained by reason of entertainment furnished by
him, for food sold and services rendered by him
as a restaurant owner.
"Plaintiffs will be given a permanent injunc-
tion, damages in the amount of $250.00, and an
allowance for attorney's fees in the amount of
$100.00. A form of decree may be submitted
lor approval and entry."
(Signed) MERRIL E. OTIS, District Judge.
AJCVA
W
New Publishing Firm
LEYED
Standard Teaching Music
Favorite Son<> and Instrumental Hits
Standard Studies for Piano,
Voice,Violin,Etc.
KANSAS CITY, MO., March 23.—Samuel Randall
and Dr. Leon Montgomery have just formed a
new music publishing concern, which will oper-
ate in Kansas City, Kan., under the name of
the Randall Music Publishing Co. The firm
will specialize in popular music and will an-
nounce its initial catalog shortly.
Send for Samples and Terms Today
McKINLEY MUSIC CO.
1501-1515 E. 55th St.
CHICAGO
Consult the Universal Want Directory of
The Review.
17
Songs that Sell
Irving Berlin, Inc.
Songs
Irvine Berlin's
HOW ABOUT ME
I'LL GET BY
DOWN AMONG THE SUGAR-CANE
THE WALTZ I CAN'T FORGET
I'M "KA-RAZY" FOR YOU (new)
WATCHA GONNA DO DO NOW
Irving Berlin's
ROSES OF YESTERDAY
FA FA FATHER
BELOVED
GET OUT AND GET UNDER THE
MOON
HAROLD TEEN (new)
I STILL KEEP DREAMING OF YOU
LITTLE ORPHAN ANNIE
THE SPELL OF THE HLl'KS
THEN CAME THE WAR
JUMPING JACK
Picture Theme Songs
Irving Berlin's
MARIE from "The Awakening"
Irving Berlin's
WHERE IS THE SONG OF SONGS
FOR ME, from "Lady of the Pave-
ments"
I'D RATHER BE BLUE OVER YOU
(Than Be Happy With Somebody
Else) from "My Mnn"
RAINBOW 'ROUND MY SHOULDER
from "The Singing Fool"
I LOVED YOU THEN AS I LOVE
YOU NOW, from "Dancing
Daughters"
WEARY RIVER from "Weary River"
IT'S UP TO YOU, from "Weary
River"
HEART O' MINE from "Noah's Ark"
OLD TIMER from "Noah's Ark"
ETERNAL LOVE from "Eternal
Love"
GERALDINE from "Geraldlne"
LINDA from "Linda"
I'LL NEVER FORGET from "Trial
Marriage"
PALS. JUST PALS from "Sub-
marine"
FLOWER OF LOVE from "White
Shadows"
IN A LITTLE HIDE-AWAY from
"Excess Baggage"
LONESOME from "Lonesome"
GIVE AND TAKE from "Give and
Take"
LOVE CAN NEVER DIE from "Man,
Woman and Wife"
LOVE, ALL I WANT 18 LOVE, from
"The Godless Girl"
J l 8T A SWEETHEART from "The
Battle of th« Sexes"
I FOUND GOLD WHEN I FOUND
YOU, from "The Trail of f »8"
LOVE BROUGHT THE SUNSHINE
from "The Wind"
Folios
UNIVERSAL DANCE FOLIO
No. 10
PETERSONS UKULELE METHOD
WORLD'S FAVORITE SONGS
IRVING BERLIN In,
1607 Broadway New York City
Igspay Siay Igspay
A new novelty number, based on the "pig-
latin" idiom, has just been released by Mills
Music, Inc., New York, and is expected to
strike a real popular appeal in view of the re-
quests for it on the part of big acts and radio
entertainers. The title of the song is "Do You
Wanna Little Iss-Kay?' the last word of which,
lor the benefit of those who failed to take Pig-
Latin I in their school days, is translated as
"Kiss." The early demand for the number has
necessitated the writing of extra choruses.
Future scanning projects are planned by the International Arcade Museum Library (IAML).