Show I SHADES OF OLD MASTERS GRIN ORIN SARDONICALLY VI I ITin Tin Pan Claims I Alleys Alley's to Originality Dismissed MUSIC IN COURT I My Baby Came From Schubert's I I Unfinished I II liv i y t n 1 r 1 JONES JO JS i Special C ric ot of TIle The I 1 St Copyright 19 1926 1 26 G By fly The Consoli Consoli- Consolidated dated Press A Association S Jan 9 The S The shad shade of or Von YOl Weber looked down n on Tin run Pan aile alley tonight with u a smile And lie he hurried oft off to 10 whisper to th shades hades of Mendelssohn and antI Schubert and the other Imi ables of music that they too might enJo enjoy a sardonic quirk al althe athe a the expense of the modern day composers composer For a cultured and federal judge judie here ha hai dismissed with a wa of the hand the claims of ot Tin Pan y al to I originality claims claims debated in a 1 I suit over o one oe hit for rori fora tora i II a sum exceeding what the Im- Im ImI Immortal immortal I mortal classicists earned in all their lives allI I STEAL Sno OLD MELODIES Judge Jos Joseph ph phy W y Molyneaux ha has I decided that the th jazz composers ot of today who earn thousands where the Immortals earned earnd pen pen- pennies pennies nies are mere merely transposing the I themes of oC the old mast ra of or ceo ceo- cen centuries tunes ago transposing aco th them th-m m from i state stately measures to the nervous ner explosive tempos of the phone EIXO-phone I phone age ace Many music lovers 10 have made the same lame contention for tor years but this i la Is believed tobe to I Ibe be the first sweeping official pro pro- pronouncement pronouncement pro pronouncement I of the sort b by a court I II I The decision came at the end of the trial of ot King Kinc a Jazz Jazz a trial I witnesses and In which the sang sane played in court after arter solemnly swearing to to play this musical composition just as it was writ writ- written written I ten so help you God a trial In which direct examination was carried on principally ll with Ith a cello I and amI with a I piano 1 o- o ond andt ind nd o i IT 1 STARTED i amt 1 Brecker DecIe a young oun Rus Rus- Russian Rus- Rus sian siai sl composer of Minneapolis sued sUld Ted Fiorito a Chicago com corn composer poser and Leo Feist Inc NewYork New NewYork NewYork York for tor His Ills claim composition was Wall that When Lights Are Ar Low was I II I taken from his Brecker's Valse Allurement Brecker called symphonY or- or orchestra orchestra or orchestra chestra experts and a 11 trio 1110 of noted chamber music artists to aid his attorneys In establishing his hili claims Fiorito rallied to his support many of ot the stars of Tin Pan alley to assist Francis Gil- Gil Gilbert Gilbert Gil Gilbert bert Ne New York Tork copyright at- at attorney at attorney torney torny in pro his of musical phrasing PAI PIANO O IN IX COURT cOUnT A piano was Installed In the federal court room and the wit nesses taking the stand with Ith their solemn oath to play the exactly as It was written ringing In their ears brought their Instruments Into the legal lec symphony Gus Kahn writer of otTes Yes Sir That's My Dab Baby and scores of ot other hits Harry Archer composer of ot Little LillIe Jes- Jes Jessie Jessie sl Jes-sl sie James and other musical and Engelbert Roentgen pen gen Iren assistant conductor of ot the Minneapolis S Symphony orchestra were amon among amone the witnesses Efram the violinist was wu an interested onlooker For more than three hours artists for tor the plaintiff played to prove pro that Fiorito had taI 11 taI en his bis theme from Brecker's composition They pla played ed both at the same time lime They sounded exactly alike Then the defense played When hen Lights Are Low and followed with a melody from The Th Broad Broad- Broadway way Broad way ay Honeymoon written by Joe Howard In 1913 l SAME S OLD OID TUNE Then softly the th defense artists artist played Where The rhe Cherry Blos Blossoms Roms Fall That hat Old Gang of ot Continued on Pace EI Eight hI SHADES 01 OF OLD oio MASTERS MASTER'S GRIN ORIN Continued from Page ODe Mine When You Were a Dand and I Was a Belle Belie I All of them In some degree had that same hunting melodic theme It a tact Mr Mn Roentgen Gilbert asked of the symphony that all of these com com- corn com positions compositions are taken front from Von rn bt Invitation to tn Th i grinned broadly Gus Kahn ahn who admit admits that his Yes bornas Sir That's My lily Baby Daby was born as Schubert's Unfinished Sym- Sym phon phony Symphony laughed right out The composers hereIn of Tin Pan alley here Iii force to testify all followed In the merriment Isn It a 1 fact act that there are only 11 13 notes which a composer can utilize In writing writing a POpular song Gilbert went on en I These The notes are within the tho diatonic and o iL scales of an octave octa and andall all phrases and tunes lunes can cami tal be duplicated In the old classics That Is true of course replied re- re plied piled the witness ACTION ACTION- DISMISSED In fact tact practically every piece written has hns some foundation In Inthe the classics Gilbert told the court Song composers composE are not concerned with Ith plagiarizing plagiarising the theold old melodies Rather It Is their concern to see that their songs are not like anything on the stands lOa I-lOa 1 11 as turned on the lights light at the end of the d da n d-n Judge Molyneaux waved a II hand and stopped the Proceeding The The action is dismissed tt he h Maid aal i al l drI dryly I am very fond of the old J masters master of ot music an aol and a as asI I have havo sat oat here today I believe I have ha heard them all In more or less aborted form Federal court gentlemen n is la no place to settle ettle your differences over your our respective unoriginal compositions The Jazz masters tiled flied out quietly yen ery Only Mr and Mr lIr Roentgen seemed at all merr merry |