Billboard advertising (Jan 1900)

0 THE BILLBOARD. AN IMPORTANT DECISION endered in toe U. S. Court, in favor of Tbe Donaldson Lithographing Co., of Newport. Ky. On June 10th: last, the Courier Lithograpa o., ol Buffalo, N. Y., instituted a suit againot ue Donaldson Lithograph Co.. of Newport, y- tor infringment of certain copyrighteu reus posters. The case reached a hearing i the United States Circuit Court at Co»- rgton. Ky.. December 12th-. and resulted in pronounced- and sweeping; victory for tne onnldsons. Poster printers In general will be interested • the details, which: were as follows, viz..; in 1898. The Courier Co. executed' certain □sters for B. E. Wallace, proprietor of tn« reat Wallace Shows. The posters in quea- on were what is technically known „a special work," that is to say. they were dc- gned to advertise certain acts and featuiea t the Wallace Shows, and were made «c ye order and after Ideas furnished; by Mr. . E. Wallace After the sketches; were approved, the ourfer: Co. undertook to copyright them in *der to secure an undue advantage on- tuture -tiers of reproductions During che summer of 1898, Mr. Wallace baa mature reproductions in electrotypes maue om the copyrighted designs for use in ne»»- iper a dvertising, and used said cuts without ~ntfrance from the Courier Co. during tiie maiuder of the season, despite the fact thic xdit for the designing was withheld from re Courier Co., and no notice of copyrigire ipeared on the electrotypes The enterprising Donaldson Co., however, wured the Wallace Show contract for 189», id all of the copyrighted 1 posters were re- -signed, but the electrotypes used during trie -evious year for newspapers were furnisheu e Donaldsons for use in the programmes. he <-uts were scrutinized', and no notice ut Wright appearing on them, they were Uoca ™» ordered by the Donaldsons. The Courier Co. seized some 23,000 copies ' these programmes-, and sued for J23.O00.ou. one dollar per copy, the penalty prescribed statute Without hearing any testimony of the de~ ndant or even allowing defendant's counsel □resent argument. Judge Evans, who tpied the bench, instructed the jury to fluu r the defendant- The verdict carries witn damagps. which the Donaldson's will le- ver from the Courier Co Th* charge was too lengthy to be given m II in these columns, but its main features ere about as follows, viz.: A poster is »n rvertiseiuent.- and hence a utensil and nut work of art" within- the meaning of lue atute other words, the copyright law, in the dnioii of the court, was passed to encourage -tfo-ts and designers ih tihe production or -igirral "works of art." A poster, therefore, nilcj not bo an original work of art, because was designed to advertise something (in (is ease, an act) which had been previously uiceived and originated in the mind's e,e the showman _ An artist working under the orders and at re direction' of some one else, can not be sara be originating within the meaning of me itutc In this ponrrection it was observed but not •Id that the act itself might be copyrightwi -y the person that conceived it, but not trie rvprtisement or tbe act There was much rejoicing among showmen Cincinnati over the triumph of the Donaiu- ins. The Arm is deservedjy popular, and- the ■ecedent established is regarded as posseso- g much value to showmen. The action w<m ite eenerally considered a malicious sun, >d the outcome as a well deserved boom- Ting Mr. Wallace himself was ready and) willing testify that the ideas were his, and that trie >st of designing sketches, etc.. were flguieu -to the Drice that he paid for the first eai- on of the posters. Ergo, he considered the ■signa his. and bis right to order reproduc- ing from whom he chose, unquestionable. Other snowmen- held that the government, case the plaintiff had been sustained, woura 'ending itself to the restriction of compe- tlon in trade About Ourselves—By Others. A few of the bouquets we have received tely: Enclosed please find necessary amount to sure your most valued paper reaching me gularly during 1900. "Tbe Billboard' is a - est welcome caller each month, and I am (ways stixicus to look it over, as I find a ■eat many interesting communications from y friends among the bill potters and dis- Jbutors, as well as much valuable informa- on that 1 could not possibly get from any ;her source. When speaking of a paper rblishfd in the interests of bill poster, dis- -ibutcr and advertiser, I know of none that /vers, the field as thoroughly as "The Bill- iard" or one that is more fair and honor- able, statements to the contrary by jealous ivuis notwithstanding, and I am sure your •BEtige or circulation will not suffer to any peat extert through any malicious or un- warranted assertions from a source where ;lflsfcness and unfairness predominates. (Your Christmas number was truly a work art and you have no doubt received many implimentary letters from advertisers and ibEcribers. commending you on your enter- •ise. Wishing you continued success and te compliments of .the season, I am. yours sty truly, D.;R. TALBERT. Chicago. Hi. [I 'would not be without "The Billboard" ,r five times the amount of tbe regular sub- -ription price, for in addition to its being ir official organ, it is a stalwart champion ,T the tbe right. I am well aware that jus- lee and right do not always conquer, neither docs truth—almighty though it may be—al- ways prevail, but with the Mttle foresight vouchsafed- me, I am corfflde-trt that corrup- tion will not prevail this time. Wishing you the success that you meet certainly deserve. I beg to sign myself your admirer and up- holder. J. T. McMANAMA. Pittsburg. Pa. We have found your paper all you claimed for it. and more. Kindly ccratinue our sub- scription for another year. FRED. D. GRAY. PaictsvHle, Ohio. Your paper has been very useful in the past year, and I heartily endorse it for the future, . wishing you and your paper a merry Christ- mas and prosperous New Year. I am, etc., R. L. HUTCHISON, Glass Engraver. Enclosed please find $1.00 for the continua- tion of my subscription to "The Billboard." I would- be lest without your valuable paper and only wish that you could issue twice a month, instead of once.. F. A. KOPPB. Logan-, Ohio. Enclosed find post-office order for S1.00 to pay my subscriptton to "The Billboard." Could net do business without it, and don't want to miss one copy. Wishing you success for 1900, we are. yours truly. LECKIE BILL. POSTING CO.. Dowagiac, Mich. W. L. Leckie. Mgr. Continue my name m the directory and my subscription for the ensuing year. The Christ- mas number received, and it is a dandy in every particular. Business has been first- class this season, and I attribute it to "The Billboard" and my membership in the I. a. of D. CHAS. W. ORRIS. Des Moines, Iowa. The Magazines for 1900. THE CENTURY. The Cer.tury Magazine will, with the com- ing year, celebrate the thirtieth anniversary" of its existence. One of the mmt promising features announced is a life of Cromwell by John Moreiy. It is to be accompanied by portraits, many of which have never before been in print. Mark Twain is to contribute autobiographical articles and Mr. Richard Whiting will send a number of papers from the Paris Exposition, under the caption of "The Paris of To-day." SCRIBNER'S. Scribncr's Magazine will contaiu articles of great interest, contributed by well-known literary stars, such as the War in the Trans- vaal, the Paris Exposition, College Lire, Om- durmarr and the Soudan, Greenland, and many others of wide and cosmopolitan interests. HARPER'S. . Harper's will produce two great novels in the coming year, one by Mrs. Humphrey Ward and one by I. Zangwill. Humorous stories by Mark Twain. Frank Stockton and others will appear. Among other contribu- tors are Frederic Pennington. Stephen Crane, Rudyard Kipling and Marie Van Vorst. THE COSMOPOLITAN. The Cosmopolitan Is a delightfully pictorial magazine, and occupies a field peculiarly its own. It wi!l, as usual, appeal to the readers of bright literature; and will publish portraits of celebrities and pictures of the events of the stage. PEARSONS. Pearson's Magazine was originally an En- DAN R. ROBINSON, Agent for Gentry Bros.' Dog and Pony Show. "The Billboard" Christmas number is fine in evtry sense of the world, and is bristling with seed things for the advertisers, bill posters and distributors. They should all start the New Year by subscribing for "The Billboard." They will find it money well spent. WM. MELOY & CO. Carlisle. Pa. I have just received your Xmas number. It is a fine production in both cover and reading matter, but for* that matter every number is good, and I could not do without it. GEO. PROTZMAX. Roseburg, Oregon. A novel pcfter was seen by a recent so- journer in Nova Scotia. It was printed on rough paper with red paint, in a childish hand, and was tacked to a telegraph pole in a Conspicuous position: "There will be a con-cert and fair in Mrs. Parson's sitting room to-day, July twenty, at two o'clock sharp. Admission—Adults, five rents; children two cents; babies, two for a cent.—Youth's Companion. The Manufacturing Club of Cincinnati, of which Mr. Wiborg, of the Ault & Wiborg Ink Company is president, is agitating the question of holding an exposition in this city next year. The hotel men and the prominent merchants haw declared themselves as in favor of the plan, and arc willing to support the movement, but as yet nothing definite has been accom-p-lis-hed. glish publication, but has become thoroughly Americanized, tbe promoters being American born and bred. It premises to be exceedingly attractive acd excellently illustrated. McCLURE'S. McCiure's, the magazine so popula-r through its high-class fiction features, will be found to contain- in the issues for 1900 many articles on practical topics and scientific subjects. The leading brilliant literoteurs who will con- tribute to tbe field of fiction are Mark Twain. Bret Iiarte. Robert Barr, Hamlin Garland and Anthony Hope. THE CRITIC A series of essays on tbe literature of the nineteenth century, written by Prof. Lewis E. Gates,- of Harvard, will appear in the - forthcoming issue of The Critic, and other articles by John Jay Ch-pman and John Bur- roughs. Clara MoTrls will contribute auto- biographical papers. YOUTH'S COMPANION. The Youth's' Companion will be found to contain most interesting articles by political celebrities, as well as composers and singers, heroes of both the army and navy, leading educators, celebrated scientists and natural- ists, travelers and explorers, and a chosen group of most famous story tellers. In travel, the reader will be taken from Palestine to the Philippines, from one distant pele to the ether. The most recent scientific discoveries are to be described by the greatest authori- ties. The home life and characteristics of great European rulers is to be graphically described. The problems that attend am- bitious youth are to be discussed on the mora! side by eminent divines and on the practical side by eminent financiers. Theodore Stanton will write on the Paris Exposition as it com- pares with the Chicago World's Fair. "The Domestic Life of the Boere," by Olive Schrei- ner, the author of "The Story of an African Farm," wilt be published Immediately, and other African stories will follow by Sir Henry M. Stanley. Rider Haggard and Sir H. H. Johnstone, formerly British High Commis- sioner in Central Africa. ST. NICHOLAS. St. Nicholas will publish a number of long stories, each complete in a single number, as an' attraction for 1900. Among them will be "Happy Pickaninnies," by Ruth McEnery Stuart; "The Kid." by Elizabeth Custer, widow of General Custer; "From .Pier to Pyramid." by Mary Mapes Dodge, trie editor of St. Nicholas: "A Boy of Galatia." by Samuel C. Scoville, Jr.; a story of an athletic contest of ancient times by the author of "The Making of a Mascot;" "Christmas in the Home Station," by Anna B. Rogers, author of many stories of United States naval life abroad: "The Doubful Member," by the late Mary E. Bradley. TRUTH. The prospectus for Truth is most promis- ing, as it Is to be full of Interesting contri- butions, and the illustrations up to the stand- ard, and It is an acknowledged fact that Truth is plctorially and typographically a work of art. FRANK LESLIE'S. The list of contributors to Frank Leslie's for the New Year is a very extensive one. and ensures its readers many interesting and edi- fying articles. AINSLEE'S. Ainslee's Magazine is to contain sketches of Kentucky life by Opie Read. This is to be one of the treats that this popular maga- zine has in store for Its readers, besides arti- cles that cover international interests. CASPER WHITNEY'S NEW MAGAZINE. 'Mr. Casper Whitney, whose work as a gen- eral correspondent' and as a brilliant support- er of all that is best in American sport in Harper's Weekly have been widely appreciat- ed, is to retire from that journal on January 1. Mr. Whitney is to have a magazine of bis own, or, rather, to use bis own words, will round a home for the literature of the "free people:" as Kipling happily calls them, which will include net only the publication of books on sport, travti and adventure, but a monthly magazine devoted to the same subjects, and when tbe season advances, a weekly paper to cover current comment, news, criticism, etc. Mr. Whitney's magazine will undoubt- edly be one of the most interesting creations of the new season. LADIES' HOME JOURNAL. The Ladies* Home Journal bus arranged a programme for the forthcoming year that promises to eclipse anything that that popular monthly has ever attempted and patrons of magazines know what that means. Among the Hading contributions will be a series on the theater, in which Franklin Fylee will give de- scriptions of the play, the players and the theater, their means and management, their trials and tribulations. A pictorial feature will be one hundred illustrations of the most interesting and picturesque places In America by Luther L. Holden. A. U. Frost has been secured to give a series of pictures of country folk that wKI be among the beet tbat tbis popular artist has ever produced. DAN R. ROBINSON. Dan. K. Robinson, whose portrait appears in - this issue, though a man of long and wide rx- perien-e in the show business, is comparatively a new c imcr in the firmament of star agents. It is only within the last few years that he has devoted himself to advance work, but his success has been so marked and the work has proved so congenial that it is safe to say that he will de- vote himself to it entirely in the future. His ability in his new field first attracted gen- eral attention when he was ahead of the Sipe & Blake show. He demonstrated then that he not only possessed sound judgment, but remarkable executive ability as well. Last year, with the Geotrys, he strengthened his claims of managerial favor by many brilliant advertisements. He proved himself an excel- lent judge of country, a splendid railroad con- tractor and an indefatigable worker. His work has shoved him up into very fast company, but no one doubts his ability to hold his own in the new class. W. E. FRANKLIN. William Kmory Franklin, well and favorably known from ocean to ocean as the genial agent of the great Wallace shows, is the subject of our frontispiece this month. He enjoys the reputation of being one of the most aggressive and thorough hitlers in the show business. His work last season ahead of the Wallace Shows demonstrated conclusively the advantages of heavy billing lioth in and out of opposition. Colonel Franklin has a wonderful knowledge of country and railroads: in fact, he is the ideal {-enrral agent, a fact which is rurther attested ly the salary he draws—the largest, it is said, ever paid to a circus agent. Although a very exacting man, he is a prime favorite with his lieutenants in the advance force, and is held in high est-em by all of his friends and associates without exception. In private life he is known as Watsckn Bill. The Illinois Press Association will hold Its annual meeting at the Lexington Hotel, Chi- cago, during the first week of February. Clias. Pattcson-, of "Nowspaperdom," New York, has been Invited to deliver an address on "display advertising," Illustrated by a stere- opticon. The Iowa Press Awoclatlon elected the fol- lowing officers foT the ensuing year at Its meeting, held III Des Moines, la.