New York Clipper (Feb 1923)

February 21, 1923 MUSIC MEN PLAN AFFILIATION WITH E NGLISH RIGH TS SOCIETY DopHe the Fact that a Big Pocoitage of Compositioiis Played m Kngland Are of American Origin Membeim of American ConqxMen' Society Receive no Royalties. Due to the fact that 70 per cent of the mnsical programs used for entertainment in EnglancI comes from the catalo^e of American pnblisbers of popular music who derive nb such benefits from its use such as they do in this country through the American Society of Composers, Authors and Publishers, £. C Mills, chairman of the executive board of the Music Publish- ers^ Protective Assodation. will bring: the natter up before the next, meeting of the board in effort to decide'whether a more TKactical a£SIiation with the. Performing Kigiits Socie^, Ltd., of England, is to be brought about for the boiefit 'of the American publishers. ■ .The difficulties arising between the American publishers and the collection of their dues for the performing rights of their, imisic in England arc varied and is ' not a .question of copyright in this parti- cular case, but more m' the nattire of difK- cnlties between ■ Fnglnh ° popular ' music pobUdiers and the Perfortmn^ Rights So- ciety,' Ltd, whidi is the.British organi-' zatioD simflar to the American Sodety of Composers. Authors and Publisfacri AeeonUng to E. C Mills,' the situation and inembership of the'English* Society is tilt exact opposite of what it is in this countxy. In-^ngland the Societjr's mem- bership is practically 100 per cent hif^ class publishers and few popular music bouses, while in this country it is the re- verse. Snch houses as Herman Darewsid, Frands, 13aj & Hunter, Laurence Wri^t and others, who control much of the Amer- ican music publishers' catalogues in Eng- land do not belong to the Performing Rights Sodety, Ltd. It is understood that the popular music publishers in England do not join the Sodetjr there because they' want equal representation on the Board of -Directors of the P. R. S., Ltd., and that their catalogue should have equal value with that of the publishers of classical and high class music. The publishers' of lugh class music are in control of the Sodety and think thdr product the more important of the two. Several large American omsic publishers have suggested to E. C Mills, that he make a trip to- England in effort to bring about an amicable adjustment of the situ- ation, should the board of directors of the ' M. P. -P. A. dedde on-.dosed affiliation with the Performing Rights Sodety, Ltd. If the proper working agreement could be arranged whejcby the publbhers of popu- lar music in England joined their Sodety, the American publishers would recdve con- siderable revenue from the move. At pres- ent American piAlishers recdve nothing at all for the performing rights of thdr music in England. Added to this is the general misunderstanding of the- English copyright law by the American publishers'which fur- ther adds to their losses. Negotiations are pending with the _So- dete des Auteurs et Editeurs de Musique of France, the French organization similar to the A. S. C A. and P., whereby Ameri- can writers and pubUshers will recdve added revenue from the performing rights of thdr music in France. The head of this organization is said to be oa his way to America to hdp put the agreement into effect. FINAL EVIDENCE TO .BE TAKEN Spedal Master Douglass will take final evidence this week at the rooms of the American Society of Composers, Authors, and Publishers, in the infringement suits against the thirty-five motion picture thea- tres in Philadelphia who are being sued by the sodety. The Spedal Master was appointed sev- eral weeks ago by Federal Judge Thomi>- son of the United Sutes District Court of Philadelphia and evidence was recently taken by Douglass from publishers and writers a month ago at the society's rooms. Since then the movie theatre owners have been_ heard in Philadelplua. .\fter the hearing this week, the report, evidence, etc, ^thered by the Special -Master will be submitted to Jud^ 'Thompson, who will then render a decision. KENDIS A NtOCiOMAN SPLIT. James Kendis has acquired the interest formerly, held-by James Brodonan .in the music publishing company of Kendis & Brocknun Music Co., Inc., and will head the business. Several new songs are now tinder way and the new office staff will be announced shortly. Mr. Brockman has retired tem- porarily and will in the near future go to California. Kendis and Brodanan have been to- gether since 1917, and during the past six years have turned out some big selling song hits. Among them are "Blowing Bubbles," 'Teather Your Nest," "Goldm Gates", and others. The majority of their big sellers were disposed of by them to other publishers for exploitation and sales. NEW CO. TAK^ KA'YE-STERN SONGS The Dellon-Stanley Music Company which was incorporated recently for $5,000, has taken over the catalogue, and the quarters formerly occupied by the Kaye- Stem Music Company at 1658 Broadway. As soon as the plug numbers of the house arc decided upon, a campaign in thdr .interest will be opened. In addition - to the nmnbers taken over from the Kaye- .Stem Company, Dellon-Stanley, Inc.. has about nine songs written by Jack Stanley and other writers. NEW REMICK NUMBER "When Win I Know," a fox-trot nov- elty, will be the next plug number for Jerome H. Remick & Co., and 'plans are being made for an elabbiate campaign in the song's behalf. Until now the song has been printed in orchestration form only, mostly as an ex- periment by Abe Holzmann, head of the band and orchestra department Insistent demands fpr .the song have led the Remick heads to believe that-orchestras do mach to make a tune popular and professional copies are being printed of the number. CLUB'S END AN ADVANTAGE The abolition of its orchestra club is working out satisfactory according to of- ficials of Jerome H. Remick & dompany. who declare that other targe publishers are taking an active interest in the affair with a view toward discontinuing thdr club de- partments also. About 90 per cent of the Remick Club members who were notified that the or- ganization was being done bway with wrote that they were satisfied to waive the two numbers a month due them under the dub plan, and take whatever orchestrations were sent them despite the fact that they might not total more than six a year. Pos- sibly many more, however, will be.sent out The remaining 10 per cent of the dub members were satisfied to receive pro rata the money due them for the unexpired, term of thdr dub membership. Of the new application to join the club, recdved daily from those who do not know that the club has been discontinued, about SO per cent are willing to take the plug munbers and hits of the house at 25 cents each, as per notification "Sent them by mail, in preference to receiving thdr money back. This arrangement makes it possible for Remick to plug just what nnmbers they want orchestra leaders to play for them and do away with .many numbers turned out to make the two releases every month necessary for the dub members to recdve. Some letters have been recdved from or- chestra leaders to the effect that their books and repertoire would be much better if useless nnmbers weren't sent out by pub- lishers, and so make for better music on the whole. - MILLS PREDICTS BIG MUSIC 'YEAR Jack Mills, head of the organi^tion that bears his name, and who returned last week from an extensive trip throughout the United States, which extended to the western .coast, is unusually optimistic re- garding the outlook for the music business. All of the music centers were visited by him, and everywhere received the same idea as to the future of the music industry. ."We have been termed lucky publishers," said Mills, "but we are willing to pay a tribute to the catalog which made it pos- sible for us to be termed lucky." I fotmd the trade everywhere in a fine condition and deilers all willing to discuss plans for the general betterment of the busmess. "If the West is any criterion, J923 will eclipse any year we've had in some time, in point of general business increase and trade improvement" AMERICAN MEETING TO BE BIG An unusually large attendance is ex- pected of the members of the American Sodety of Composers, Authors and Pub-, lishers at Keene's Chop House, on March 1, when the Sodety holds its annual meeting. At the rate that application for tickets are coming in it is believed that about 200 or more will be present FISHER MANAGER IN CHICAGO George Joy, professional manager of Fred Fisher Inc., left for Chicago, ^fonday, where he will exploit three of the new Fisher numbers. From Chicago he ■will make a trip to several of the larger cities in the Middle West induding Kansas City and St. Louis. ' RE.OPENS BUFFALO OFFICE ' Jerome H. Remick & -Company is re- ' opening - its Buffalo offices - which were . cMsed. several months ago:"^ YiniUa'm Mc-'. ' Derinott;' who at 'present hai ' tdnpoiary ' quarters in that dty, will be- in charge. RICHMOND ON TRIP Maurice Richmond, head-of the Rich- mqnd Supply. Corporation, ^nnisic and rec- ord jobbers, left last, w'edc.'.for .a-'six weeks' sales'trip'through Catiada'''aiid''sbm£r of the Middle West territory of the United States. HUESTON PLACES BALLAD Billy Hueston has written a new ballad entitled "Nobody Knows, but My Pillow and Me," which he has placed with Jerome H. Remick & Company and scheduled for release shortly. CHICAGO WRITER HERE Gus Kahn, the Chicago son^vriter, spent last week in New York making his head- quarters at the local offices of Jerome H. Remick & Co. BRADFORD ASKS FOR RULING Perry Bradford, through his attorney Abner Greenberg of the Kuickerbocker building, made a motion before Federal.. Judge Learned Hand in the United States District Court, on Monday, to determine exactly what evidence and exhibits should be incorporated in the transcript ton an ap- peal filed by Bradford from the decree of infringement granted to the Ted Browne, music company of Chicago, involving the song, "He May Be Your Man But He Comes to See Me Once in Awhile." Several grounds for Bradford's appeal are being used according to Attorney Greenberg, who declares that Federal Judge Julian Mack gave the Ted Browne company a decree of infringement when they sued for an injunction on the grounds of having a prior contract As Brad- ford's copjright of the song was made be- fore any similar copyright or contract by the Ted Browne company he says there were no grounds upon which to give the latter company a decree of infringement Other grounds for the appeal, according to Attorney Greenberg are that the Francis Qifford Music Company from whom the Ted Browne Company claimed to have taken the song, violated its agreement be- cause they held the song longer than is considered equitable, being that originally it was taken over on April 21, 1921, and nothing was done with it tmtil August, 19^. Also that Lem Fowler, writer of the son^, was an "infant" according to the law, being under age when he signed a contract with the Francis Qifford Music Company in April, 1921. The present charges of subornation of perjury from the conviction of which Brad- ford is also appealing, grew out of the liti- gation that resulted in the decree of in- fringement in favor of the Ted Browne Music Company, who asked for an injunc- tion restraining Bradford from using the song "He May Be Your Man, etc," on the grounds that they hdd contracts on the song. ABRAHAMS & WOHLMAN IN ACT Maurice Abrahams will start his Chicago campaign in the interest of his catalogue by re-tmiting_ with Al Wohbian, bis former vaudeville partner, in a new act in which they will open the week of February 26, at the State-Lake Theatre, Chicago. The same week Belle Baker, known iii private life as Mrs. Maurice Abrahams, will opKn in Chicago at the Palace. The- atre, singing "When the Gold Tunis to Gray" and "You Said Something 'When You Said Dixie." Although Abraham's appearance with Wohlman in vaudeville is a temporary ar- rangement at present, it is possible that the act will play additional time offered them, induding an engagement at the Palace Theatre, New York City. NAT VINCENT TO PUBLISH Nat Vincent's new music publishing or- ganization will be known as Nat Vincent, Inc., and he has taken offices in the Hilton Building, at Broadway and 4Sth street, which will be occupied in about ten days, as soon as the quarters are altered and painted. Billy Hueston, songwriter, is one of the music men assodated with Vincent, in the capadty of staff writer and manager of the sales department Other wdl-known music men will be associated with Vincent when he opens his offices. _ Three songs arc now being plugged with the Nat Vincent, Inc., imprint and the titles include "Make Your Own Sunshine" and "I Cried When I Had You." TED SNYDER WRITTNG AGAIN For the first time in many months, Ted Snyder has written a new fox-trot ballad, entitled "Who's Sorry Now," which is be- ing released as the plug song by Waterson, Berlin & Snyder.