New York Clipper (Mar 1923)

18 THE NEW YORK CLIPPER March 14, 1923 COMPOSERS' SOCIETY PLANS SUITS AGAINST B ROADCASTIN G STATIONS Rai£o Stations Notified That Licenses Must Be Taken Out on or Before March 15th or Stop Broadcasting Copyrighted Numbm—^Test Suits Will hnmediately Follow It has been definitely decided by the American Society of Composers, Authors and Publishers to file infringement of copy- right suits against radio broadcasting sta- tions which have not been licensed by the society and which persist in sending out restricted music Notice to this effect has been served on the stations by J. C. Rosen- thal, general manager of the society, in a latter -which gives the radio people until Mju-ch 15 to make application for a license to broadcast the organization's music, or refrain from tmlawful infringement The society will endeavor to force the' issue as soon as possible and is seeking a test case at coce in order to establish a precedent. Lhlle expense will be attached to the filing of the suits in the United States courts, according to Mr. Rosenthal, ibe greatest expense being incurred in gathering evidence, and this b being done by the osual staff of the society that watches out for violators of the copyrijdit law in their respective territories. The receiving set installed in the society's rooms and the published programs are an- other ca^- sooroe of collecting evidence against tbe various stations. Yearly re- tained attorneys, hi different parts of the conntiy, will l e pies c Dt the sodety in its suits against radio stations tbe same as they do in actions against movie booses. Two conferences between the several large radio organizations and the A. 5. C. A. & P.. held last Fall, resulted in closer co-operatioa . with those radio people who conceded that the society was fully entitled to compensation for the use of its music as prescribed by law. However, they put forward the plea that they were not making any money out of the radio ctaze due to wholesale infringement of their various patents, and that they did not know wha^ the guvermncnt was going to do about the radio situation. Since then the government has placed control oi tbe faroatflcastiiig sta- tions in the hands of tbe Secretary of Commerce, but this makes . no material difference to the stations and their broad- castinjr of the society's music, in the opin- ion of Mr. Rosenthal and general counsel Katban Bnrkan. Despite the dodging of the issue by most of the radio stations, a few of the most important ones, as mentioned by them at conference, were vrilling to take out a license if they could see their way clear to do so. No revenue, they said, was coming in from the broadcasting of music, etc, but it is a well known fact that mil- lions of dollars worth of radio sets and parts have been sold. The letter sent to all broadcasting sta- tions in the United States follows in full: March 8. 1923. .Aix Bboadcastimc Stations: We have heretofore notified you of our intention to enforce die provisions of the Copyright Law with respect to the un- licensed broadcasting of copyrighted mu- sical compositions belonging to fitembers of this society. This is our final notice to all stations which have not applied for and secured our license, that on and after March 15, 1923, we shall "listen in" to ascertain if yoa are using the musical works of our^ members, in which event we shall institute legal proceedings to collect the damages as provided by tbe Copyright Law. To avoid any misunderstanding you are hereby advised that the members of this society have, by contract in writing; as- signed to us the exclusive right to license the public performance of their works at all broadcasUng stations; that the posses- sion of a printed copy or orchestration of copyrighted music does not imply or con- vey any right to public performance thereof for profit, irrespective of whether such printed copy is received as a gift, obtained by purchase or otherwue; that no agent, employee or representative of any member of this society is vested with authority or power to grant, xmder any circumstances, any right to publicly perform for profit tha musical compositions belonging to members of this society. Notice is hereby gkfen of the rescinding and revoking of all temporary licenses heretofore granted. We trust that you will respect our rights and either secure our license or restrict the tise of copyrighted works belonging to our members, a list of which is herewith en- closed. Very truly yonrs, Amemcam SociETy of Comfosebs, AUTBOBS AND PUBLISHERS. By J. C. Rosenthal, R:K General Manager. ENG. MILLS IS ART STORES' TRUSTEE E. C MiOs, of die Music Publishers' Protective Association, has been appointed trustee for the Broadw^ Art Stores by Seaman Mjller,. United States Referee m Brtiilii ut>tLy. The Broadway Art Stores filed a petition in bankrupt^ several weeks ago. owing music publishers about $14,500. and the busiu e is sincie sold by Mr. Mills, one of the receivers then, to the Ritz Mnsic Shop Company. RECEIVERS FOR STEEL CO. Receivers have been appointed for the 'I. R. Steel Company, Inc., by Federal Judge Hazel of the Umted States Court of Buffalo, N. 'Y., where the general offices of the organization are located. Sdiediiies have not yet been filed by the bankrupt concern, and music publishers have been asked to prepare their proof of claim. The company, which operates a chain of stores, owes music publishers ap- proximately $5,000. ■ RERUN BOOSTS CLUB RATE Begiiming April 1, Irving Btflin, Inc., is ra£smg the subscription price of its orchestra dub to $3 per year. At present the Berlin pike as well as that of most hoiBes is $2 per year for about 24 orches- tratiMis. aOLLS GOING TO LONDON Jack Mills wiO- leave early in May for a visit to Eanve. He plans to te away for about five weelca. CAINE OUT OF STARK A COWAN'S Sid Caine has severed his connection wiA Stark & Cowan, of which firm he was general manager. Oarence Oshshinsky, formerly with the Broadway Music Cor- poration, succeeded Mr. Caine last wedc MAXWELL SAILS FOR EUROPE George Majcwell, of G. Rioordi & Gx, and president of tiie American Society of Composers, Authors and Pnblishers, sailed Wednesday of this wedc for Europe, where be wM spend die next few moaths. MUSIC MEN QUELu FIRE PANIC Jimmy McHugh, professional manager for Jack Mills, Inc. and Bert Grant of the Mills staff, exhibited unusual presence of mind Simday night when a fire broke out in the King James Hotel, in West 45th Street Perceiving at th.e first fire gong that the blaze was of little consequence, both music men rushed to a piano in a nearby suite and launched into their new ballad "Out Where the Blue Begins," and played as though they were plugging at the Palace. All of the hotel guests on the ' floors above the second who were rush- ing to the street were told that the fire was nothing and were ushered into the room where the piano was being played, and stayed there until the fire department put the hlaze out Many theatrical folk flocked to the room where^ McHugh and Grant were playing, including the Althoff Sisters, Crafts and Haley, the Amots and the Amarous Sis- ters, and others. DAVIS TO PUBUSH "PRINCE CUTY" The Jos. M. Davis Publishing Company, Inc, was organized last week under the laws of the SUte of New York, and will be the exclusive publishers of the Betty Gulick good-night stories, the first of which has been released under the title of "Prince Cuty." The stories wiU be published in book form, as one way of releasing them. The Okefa Record Company, which is making a special release of Betbr Gulick's song, "^y Mother's Lullaby," is backing the disk with the bedtime stoty "Prince Cuty," written end told by the ten-year-old author. Other mechanical companies are makingr special releases of the song, pub- lished by the Triangle Music Company, of which Joe "Davis is president THE RETURN OF THE TANGO Several of the larger music publishers are preparing for the return of the tango, by pntbng out selections. suitable for such dances, T<4i!ch are being greatly populari2ed again by Rodolph Valentino and his wife, who have been held over for a second week at Marigold Gardens, Chicago. Among tte tango song publishers are Leo Feist, Inc., which house is putting out a Continental hit "La Mome," a French composition for the tango by the chef de orchestra of die Follies Ber^ere, Paris. Another Feist taneo number is "Rose ot Brazil," by Ray Klages and Billy Fazkilli, of Ray Miller's Orchestra. $200 PRIZE FOR CHORUS G. S. Haskins Productions, of Holly- wood, Cal., is offering cash prizes of $200 for the best second chorus to the song "Just Like a Woman," which is being used in connection 'with a film of the same title. The prizes are for the purpose of interest- ing people in the picture as well as the song, and the words submitted must show the different ways in which the expression can be used, etc The contest closes July 15. MUSIC MEN'S BALL MARCH 28 On Wednesday evening, March 28k a "Music Publi.sher's Ball," will he given at Oover Gardens, under the direction of Hany Pearl, manager of the resort who , was formerly connected in the music busi- : ness. A large delegation of publishers, pluggers and others connected with the trade are expected to be present WINKLER ON WESTERN TRIP Dan Winkler, sales manager for Fred Fisher, Inc left last week on an extensive sales trip, through the Middle West, travel- ing as far west as Kansas City. MUSIC MAN HAS SON Ed McCauley, Philadelphia representa- tive of J. H. Remick & Co., js me proud father of a baby boy, who arrived on Feb- ruary 24. COLUMBIA. REPORT SHOWS LOSS The report of the Columbia Grapho-^ phone Manufacturing Company for tbe year ended December 31, 1922, was issued last week and shows a deficit of $7,323,603, after deducting for all charges, depreda- tion and inventory adjustment This b an improvement over the year before, when a deficit of $15,710,300 was reported. The net lose for 1922 was also less, being $3,- 010,297, against $4,370,611 the year before. In the report the company is optimistic about future business, expecting a marked improvement during the coming year and pointing out that during the past year the deficit was more than halved. FOREIGN MUSIC MEN COMING Representatives of the German and Aus- trian authors and composers' societies are expected to arrive in this country about the 15th of the month for the purpose of mak- ing a reciprocal agreement with the Amer- ican Society of Composers, Authors and Publishers. ■If consummated, this agreement will greatly enlarge the catalogue of the A. S. C, A. & P. in thb country, as well as in- crease the revenue abroad, for the perform- ing rights of the American song products. Negotiations with the French society are also pending between them and {he Ameri- can organization. NATE BIVENS RECUPERATING Nate Bivens, colored song writer, who fifteen years ago' was a figure along music row but who for a number of years has been confined in the Mattewan State Hos- pital at Beacon, 'N. Y., suffering from a mental breakdown, is recoverinr. In a letter written to a music publisher last week Bivens shows that he is in touch wiUi the music business and the tone of his letter indicates that his mind is returning to nor- mal. Bivens had a song hit many years ago called "Deed I Ain't Seen No Messen- ger Boy." WIFE HELD FOR WRITER'S DEATH Sak FsANasoo, March 12.—Mrs. Grace Cheney Baratti, charged with the killing of her husband, Harry, songwriter and composer, continues to puzzle the authori- ties. She maintains a Sphinz-like attitude since her arrest, reiterating that her hus- band killed himself on account of financial troubles. Beyond this she refuses to talk- about either the case or hersell Baratti was found shot in his apartment here on December 2. TELL TAYLOR SHOWING SONGS Tell Taylor, Chicago song writer and publisher, is spendm^ a week in New York showing some of his new songs to local publishers. Taylor is now making his home m Flndley, Ohio, and is contemplating lo- cating in New York. ROSE FISHER IN NEW POSITION Rose Fisher, for a number of years with the Broadway Music Corporatkm, aiid more recently with Sherman, Clay & Co., is now connected in the professional de- partment of Beilin & Horowitz. MILLS GETS "OLD BOMBAY" Jack Mills, Inc., has taken over from the Cameo Music Company the oriental fox- trot "In Old Bombay," by Mickey Caleo, a young writer from up the State who re- cently joined the Mills staff. OTTO HILLE RECOVERS After an absence of two weeks due to illness. Otto Hille is back at his desk at Ager, Yellen & Bomstein, where he is head of the band and orchestra department