October 11, 1924.
a copyrighted musical composition would be nothing
else than its public performance for profit."
"But in any such inquiry," he continued, "I think
Progressive Music Publishers Tell Why "It Pays to it necessary to ascertain whose performance was
broadcast. Was it that of the broadcaster, or was it
Be First with a Hearst."
that of another person who may have been author-
The fall business of the Hearst Music Publishers, ized to perform the copyrighted composition publicly,
one of the largest and most progressive publishing and for profit?
"If the latter, I do not believe the broadcaster is
houses operating throughout the country, has opened
with rapid strides incidental with the release of three to be held liable. By means of the radio art he
new numbers, "Tallahassee," "Bobbed Head" and simply makes a given performance available to a
"Better Keep Away." These numbers certainly have great number of persons who, but for his efforts
the hall marks of proving big successes, for they would not hear it."
In refusing the motion for dismissal the judge in-
have been acclaimed as being numbers which the
cluded several opinions of interest to music publish-
public are demanding at the present time.
The professional departments of this company, ers and broadcasting stations. He said that broad-
both in Chicago and New York, state that vaude- casting without permission could constitute an in-
villians have received these numbers with unprece- fringement under certain conditions.
He said that if a broadcaster procures and serves
dented enthusiasm, with the result that a great many
well-known headliners are using them on every an unauthorized performance, it constitutes an in-
circuit today. "Bringin' Home the Bacon," the fea- fringement. However, if the artist broadcasting has
ture number of Van & Schenk's act in vaudeville, is permission to give the performance in public, the
still proving one of the most active sellers in the broadcasting station serves merely a mechanical pur-
business, closely following up that phenomenal suc- pose and there is no infringement.
"The performance is one and the same whether the
cess, "You Can Take Me Away from Dixie," which
is, probably, one of the largest sales-getters of the listener be at the elbow of the orchestra leader or
1,000 miles away," was the opinion.
season.
Realizing the dearth of worth-while ballads, the
Hearst Music Publishers have released two which
merit success in all details. They are "Broken
Dreams" and "In a Wonderful World of Our Own."
Commenting on these Mr. Hearst said:
"Although it is an established fact that the re- Vigorous Methods of Featuring Publications Prom-
sponse to novelties and fox trots is much quicker
ised by the Gene Rodemich Corporation.
than that given this class of song, there is no getting
The Gene Rodemich Music Publishing Corporation,
beyond the fact that the ballad, discriminately se- lately organized to do a music publishing business at
lected, exploited and marketed, proves the better 150 West 46th street, New York, will start operations
business venture in the long run, and we intend to with the following catalog: "Shanghai Shuffle,"
put the full activities of our organization behind "Honolou" and "Barcelona," fox-trots and "One
these two numbers. Our plan is to publish quality, Stolen Kiss," waltz-ballad.
instead of quantity, for it enables us to concentrate,
Geo. D. Lottman, eastern manager of the firm,
and eliminates the unfortunate scatteration which is states that the concern's publications will be exploited
everywhere apparent.
by means of a vigorous trade and orchestra cam-
"We gain the confidence of the dealers, who paign. He declared: "We are satisfied that our cata-
willingly extend hearty co-operation. The songs log will stand the test. As a new enterprise, we have
arc of the calibre for which there is a big demand at picked carefully, and, we hope, wisely, several num-
the present. They are backed by thousands of dol- bers that, we believe, will justify our entrance into a
lars in advertising, in fact, everything is being done highly competitive industry."
to further our policy of the 'Dealer First,' which in-
Ten thousand of the country's most prominent or-
cidentally means the endorsing by all of 'It Pays to chestra leaders have already received orchestrations
Be First with a Hearst.' "
of the numbers previously mentioned, as have the
leading radio combinations.
FIRST WITH A HEARST
NEW PUBLISHING FIRM'S CATALOG
BROADCASTING AND COPYRIGHT
Federal Judge in New York Rules Courts Must De-
cide Publishers and Radio Interests.
Federal Judge Knox, New York, last week ruled
that the courts must decide whether radio concerns
may broadcast copyrighted musical compositions
without the consent of the copyright holder.
The ruling was contained in Judge Knox's denial
of a motion by the General Electric Company to dis-
miss the complaint of Jerome H. Remick & Co. seek-
ing an injunction against the broadcasting of its
copyrighted musical numbers.
Judge Knox held that he "could conceive of con-
ditions under which the authorized broadcasting of
ADVERTISING SONG BOOKS
Editor Presto: One of our customers inquires
about a collection of old-fashioned songs, suitable for
giving out to prospects and the general public. If
you can inform us where these are printed, you will
confer a great favor, and incidentally boost the piano
business, as it is a foregone conclusion that every-
one receiving a book will need a piano on which to
produce the accompaniments.—A Jobber.
Reply: About the best book of the kind within
our knowledge is put forth in quantities by the Illi-
nois State Register of Springfield, 111. We believe
if you write to that concern you will get a sample of
about what you want.—Presto.
Over 50 HOIIRS, words find music for 4 voices and piano,
'••"i p.p.,
6x9, in edition* with Hpecial illuminated cover
printed to order as wanted. Mention Presto.
25
PRESTO
MUSIC PUBLISHER DIES.
A. J. Showalter, who died recently in Chattanooga,
was a noted composer and publisher of church music.
He was the author of "Work and Worship," "Rudi-
ments of Music," "Class, Choir and Congregation,"
"Complete Rudiments of Music," "Showalter's Prac-
tical Harmony Tablet," "Practical Rudiments and
Music Reader/' and many others, totaling a hundred
books in all. One of his most popular compositions
was the noted gospel song, "Leaning on the Everlast-
ing Arms." It has been translated into practically
every language of the world where the Christian re-
ligion is known.
WISCONSIN RADIO TRADE ASSN.
The Wisconsin Radio Trade Association is the
name of a new organization recently formed at a
meeting at the Blatz Hotel, Milwaukee. The associa-
tion is' fostering the Wisconsin Radio Exposition to
be held in the Auditorium, Milwaukee, beginning No-
vember 11. The following are the officers: Presi-
dent, Michael E r t ; vice-president, George Ahdrae;
secretary, J. D. Harvey.
SOUSA MADE VICE-PRESIDENT.
At a recent meeting of the American Society of
Composers, Authors and Publishers, held in New
York City, John Philip Sousa was elected vice-presi-
dent to succeed the late Victor Herbert. Jerome
Kern was elected a director to succeed the late Louis
A. Hirsch. Forty-six new members were elected.
The South Bend Music Publishing Co., South
Bend, Ind., is a new publishing house which aims for
prominence in the field of "'populars."
SHEET MUSIC CUSTOMERS
The Ways to Make Them and Keep Them Are
Plain to the Observant Dealer with
Desirable Ambition.
Any event that includes music indirectly helps the
business of the sheet music dealer. The business is
helped directly by movements that bring the playing
of music more to the attention of people. Reactions
from the school music studies, choral clubs, singing
societies and music memory contests help towards
sheet music sales. In fact the co-operative effort to
encourage music and make it more general in the
lives of the people has the desirable effect of extend-
ing the interest in sheet music and music books to
the pleasure and profit of the sheet music dealer.
All movements that encourage music should not
only have the good will but the help of the sheet
music dealer. He should "belong" in everything with
a musical feature. The observant sheet music dealer
sees the good business reasons for this. How the
music memory contests, for instance, help the sales
of sheet music is shown in a statement of Miss Jennie
Raymond, supervisor of Danbury, Conn., who said:
"Music students asked the private teachers that the
composition named in the memory tests be given to
them as lessons. The fact had a noticeable effect on
sheet music sales."
Mabel Verhulst, supervisor of music, Antigo, Wis.,
tells how sales of sheet music and music books for
piano and organ were stimulated in that city and
elsewhere in the state by the effects of a music
memory contest. "There was a noticeable change in
the selection of pieces played at the movies and other
entertainment places, with a consequent rush of the
performers to procure the compositions named in the
contest."
Every sheet music dealer is enjoying the amount
of business he is entitled to. If he is satisfied with
the spontaneous demands of the "hit" buyers, the
"newest song" fans, then he shouldn't rail at the
"poor possibilities" of the business. The dealer who
sees the direct and indirect profits of the sheet music
counter increases in efficiency. He buys his music to
the best advantage. He makes the full use of the
publicity provided by the publisher and strives to
rank as a "good representative." He is the kind of
dealer that is necessary to the publisher, the man who
understands the wants of the trade and who con-
tinuously strives to augment and extend those wants
by helping to encourage the cause of music in every
way within his power.
BIG RADIO SHOW POSTPONED.
The Third Annual National Radio Show to be held
in the Grand Central Palace, New York, was origin-
ally scheduled for this month but has been postponed
for the week of November 3. On election night the
show will remain open until complete returns have
been received.
The Joe Davis Music Co., New York, was recently
incorporated, although it was organized a few
months back by Joe Davis, who formerly was head
of the Triangle Music Co. Standard and popular
music is published by the company.
Fifty new numbers have been added to the stand-
ard line of the McKinley Music Co., Chicago.
REMICK SONG HITS
Mandalay
It Had to Be You
There's Yes, Yes in Your Eyes
Dreamer of Dreams
Follow the Swallow
New Kind of Man
My Best Girl
Me and the Boy Friend
Little Black Buddy
Until Tomorrow
Step Henrietta
Goodnight, Sleep Tight
Where the Lazy Daisies Grow
Bring Back the Old Fashioned Waltz
The Grass Is Always Greener (In the
Other Fellow's Yard)
J. H. REMICK & CO.
New York
Chicago
D«b«it
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