Chapter 3. Protecting Your Song

Tin pan alley possesses a standard bugaboo for all new songwriters. This is the always-current rumor that publishers, professional songwriters, bandleaders- in fact, anyone and everyone in the music business-is intent upon stealing the ideas of new songwriters. Many new writers are hesitant about sending songs to publishers for this very reason. They are positive that if they allow the song out of their hands before the publishing contract is signed, they will find that the publisher has "copied" the number and stolen their idea. This may seem far-fetched, but the writer can cite this as a fact.

I can recall one incident in particular which illustrates this tendency upon the part of the new songwriter. I received from one aspiring lyricist a list of words running several pages in length. The list ran something like this: "meet, you, when, moon, together, of, today, there, nothing, adorable, of," etc. The covering letter stated that the words, "when properly put together formed a very good lyric." The lyricist, however, was afraid that if he put the words "properly together" someone "would steal his idea. He therefore wanted my professional opinion on "just the words themselves."

I told the writer that they were very good words indeed but that I had no way of judging if he knew how to use them properly in a lyric. I also told him that if he was so afraid that his song would be stolen, he had better keep it to himself rather than run the risk of submitting it to the publishers.

Most songwriters do not carry their fear to this extreme, but are convinced that their songs may be stolen if they submit them through the regular channels. All of this, of course, is absurd. No legitimate publisher or songwriter has the slightest interest in "cribbing" song ideas. There is a strong possibility, on the other hand, that these rumors were started by songwriters who were unable to get their songs published and who took this means of explaining their failure to their friends.

The publishers are so well aware of this attitude among non-professionals, that they hesitate to look at manuscripts sent through the mail, for fear that they will later be charged with "stealing" the song they have reviewed. Infringement suits are costly and time-wasting. Furthermore, a fair trial presupposes some knowledge of music and technique on the part of judge and jury. Since this is generally lacking, there is no assurance that a just decision will be reached. Some of the publishers have had bitter experiences in this connection.

One publisher, in particular, had always made it a custom to review any manuscript sent through the mail. If the song was found to be unsatisfactory, it was returned with a polite rejection slip which mentioned the name of the song and stated that upon reviewing it, the publisher did not feel that it was suited to his catalogue. A non-professional songwriter took advantage of this custom in the following manner: He submitted a song which, let us say, was entitled "Harlem Holiday." The publisher reviewed the number and sent it back with the usual rejection slip. The writer then bided his time. Several months later, the publisher published an outstanding number which we will call "Red Sunset" written by a well-known professional song-writing team. The song became a hit. The publisher was extremely pleased about this until he was informed one day that he was being sued by the non-professional for $50,000; the claim being that "Red Sunset" was a note-for-note steal from "Harlem Holiday." To prove this, the songwriter showed a manuscript entitled "Harlem Holiday" and also the publisher's rejection slip attesting that he had reviewed a song by that name. Even a casual examination showed that the amateur's manuscript and the published song had identical melodies.

The publisher was non-plussed and immediately called in the songwriting team. These men swore that they had never heard of "Harlem Holiday," had never heard the tune, and had never met the songwriter. Further study of the song revealed the truth. The non-professional's manuscript showed a lyric that was entirely different from that used in "Red Sunset" (there had been no claim that the lyric had been stolen). Strangely enough, although the melody was written in a professional manner, the lyric was not only badly written, but did not fit the music at all. Practically every accent was misplaced, the title occurred in the wrong part of the phrase, and the rhymed words did not fall at the end of phrases.

It was somewhat unbelievable that a writer who had sufficient talent to turn out such a professional melody, did not understand enough about music technique to synchronize words and music properly. It was obvious that the songwriter had torn up his original manuscript, copied the melody of the published song, thrown in a few words at random and relied upon using his rejection slip to prove that the publisher had "stolen" his song.

I would like to say that the publisher won the law suit, but, unfortunately, this was not the case. The suit was tried before a judge and jury who knew nothing about melodic or lyric structure and who were obviously in sympathy with the songwriter who had been "robbed." The publisher foresaw what the outcome of the case would be, and promptly settled the matter out of court by paying the songwriter a handsome sum of money.

This case has been cited in detail for a particular reason. It was due to this case and a few others of a similar character that this publisher and many others have since refused to look at any unsolicited manuscripts sent through the mail.

There are, of course, unscrupulous people in any field of business, and it is not this writer's intention to whitewash everyone connected with Tin Pan Alley. But it should be made plain to the new songwriter that the legitimate publisher takes every possible step to avoid any charges of infringement. This is evidenced by the following clause which appears in every songwriter's contract:

"If a claim is presented against the publisher alleging that the said composition is an infringement upon another, and because thereof, the publisher is jeopardized, he shall thereupon serve written notice upon the writers, containing the full details of such claim and thereafter until the claim has been adjudicated or settled shall pay any money coming due the writers hereunder in escrow to any bank or trust company to be held pending the outcome of such claim, etc."

The publisher takes every possible precaution before accepting a song for publication to insure that the song is not an infringement upon some other published number. He is usually able to spot an obvious infringement but if it should slip by his notice he knows that it will undoubtedly be picked up by the arrangers on his staff. Sometimes, despite all precautions, the infringement will pass unnoticed and the publisher is faced with an infringement suit. But such instances are extremely rare, particularly when one considers the tremendous number of songs of all types that are published every year.

Both the songwriter and the publisher are protected by law against infringement. Since the main charge in an infringement suit is that one song has been stolen from another, it is plain that both parties must be able to prove when the respective songs were written. The party that can show that his song was created before the other stands a good chance of winning the case. This date of creation can be established by several methods:

1. Take the manuscript before a notary public and have him witness your signature and affix the notary seal to the sheet of music.
2. Put the manuscript in an envelope. Seal the envelope and then mail it to yourself. The post mark will establish the date. Keep the manuscript in the
3. sealed envelope until it should be needed in an infringement case. The envelope should be opened only in court.
4. Secure some reliable and unprejudiced witnesses who can attest to hearing or seeing the number on a particular date.
5. Secure a U. S. Copyright registration.

The last method is, by far, the most satisfactory. Copyright registration simply means that the song has been officially registered as of a certain date, therefore becoming a matter of record. This official registration entitles the songwriter to certain exclusive rights, such as the printing, reprinting, publishing and selling of the copyrighted song. It also provides the registrant with the legal and exclusive right of arrangement, transportation, recording the song, or performing the song publicly for profit. The copyright law establishes minimum damages for any infringement of these exclusive rights.

Although the songwriter is entitled to exclusive rights to his composition, under common law, he must prove, beyond a question of doubt that he had created the song on a particular date. This might be established by the three methods suggested above, but these methods are, to a great extent, makeshift, and do not provide definite proof offered by an official copyright card. Furthermore, if a case is being tried on the basis of common law copyright, minimum damages are not established and must be determined by the court. For these reasons alone, it is preferable to secure an official copyright for the song.

The procedure is quite simple. The songwriter merely has to write to the Registrar of Copyrights, Washington, D. C, and ask for some application cards for unpublished musical compositions. These cards are sent free of charge. One card is required for each song to be copyrighted. The songwriter fills out the card which provides space for the names of lyric writers and composer, residence, name of song, date, etc. The filled-in card is then returned to "Washington together with a copy of the manuscript and the required fee of one dollar. "Within a short time, the songwriter receives an official registration card attesting that the song had been duly registered as of a certain date. This card should be placed away carefully by the songwriter for it provides concrete evidence that his song had been witnessed on a particular date.

The manuscript sent for copyright registration may be a rough, handwritten copy. It is not necessary to write more than the bare melody line. If lyrics are available, they should be filed with the song. If there are no lyrics, the song should be given a name and registered under that name. While it is impossible to copyright unpublished lyrics, a bare melody line may be copyrighted.

The copyright on a song has a duration of 28 years. If the song is first copyrighted by the songwriter as an unpublished manuscript, and is then copyrighted later by the publisher as a published manuscript, the second copyright dates from the time the song was first registered. For instance, if the song were first copyrighted in 1940 as an unpublished manuscript, and were then copyrighted in 1944 as a published song, the second copyright would date from 1940 and would terminate in 1968.

The copyright owner has the privilege of renewing his copyright at the end of the first 28 years. This renewal, which extends the copyright for an additional 28 years, must be made within one year of the expiration date.

A copyright registration card, although it protects the copyrighted number from infringement, provides no assurance that the copyrighted number is, itself, original. The copyright officials do not examine the song. For that matter, one could easily secure a copyright on the C major scale, or on several pages containing the repetition of one note. All that the registration can establish is that a certain manuscript was filed at the Copyright Bureau on a certain date.

Most publishers prefer that the songwriter have his song copyrighted before submitting it for an audition. They do not regard it as a reflection upon their integrity but merely as good common sense on the part of the songwriter.

What is an infringement? There is a popular but erroneous opinion that an infringement constitutes an eight-measure melody phrase which is identical with or extremely similar to a phrase of the same length in another song. This theory is coupled with another erroneous, rumor--that one can copy four bars or less from a copyrighted song without infringing upon the copyright.

Both of these theories are incorrect. There is actually no statement in the copyright law concerning the number of measures which constitute an infringement. The point is that the infringing melody must be a "characteristic part" of the original manuscript. If the melody in the original manuscript is so constructed that the characteristic part of the tune is revealed in two measures, for example-such as in Japanese Sandman or Chinatown, My Chinatown, then an infringement case could be based upon a "swipe" of such a two measure phrase.

The popular theory that an infringement must be based upon the theft of a four- or eight-measure phrase is undoubtedly due to the fact that in most songs four or eight measures are required to develop the "characteristic" part of the melody. However, there are many instances where an infringement case has been based and won on the basis of one or two measures containing the characteristic part of the tune. One famous example of this is the case of Dardenella and Kalua. In this instance, the case was based, not upon the melody line, but upon a striking and unusual base accompaniment. This accompaniment was expressed quite clearly in a single measure. When Kalua appeared with a base accompaniment similar to that used in Dardenella, the publishers of the original manuscript brought suit and won the case on the basis of one measure in which the characteristic bass accompaniment was clearly expressed.

This illustrates quite clearly that intentional copying is a dangerous and expensive procedure-and that the songwriter should make every effort to avoid infringement upon another tune.

Due to the fact that the songwriter must employ melodic progressions and combinations which are more or less familiar, and that he is limited in his choice by the structural requirements of the popular song, it often happens that he will unknowingly employ a melodic phrase which infringes upon another tune. This is a common occurrence and does not reflect upon the integrity or ingenuity of the songwriter. In some cases, the songwriter may have heard the original tune performed and then, in composing his own melody, unconsciously copied the first song. In both these instances an infringement has been perpetrated and the songwriter is held just as responsible as if he had intentionally copied the original song.

The court recognizes the fact that two songwriters might write similar melodies without seeing or hearing each other's tune. In any infringement case there are two factors that have equal weight. These are "prior creation" and "access." "Prior creation" simply means that both parties must establish, beyond a question of a doubt, the exact date when their melodies were created. This is usually confirmed by copyright registration. Obviously, the songwriter that can show that his song was written first has made a strong point in his favor. It is however quite possible that through sheer accident the second songwriter wrote a similar melody. The court, therefore, requires the claimant to prove that the defendant had "access" to his song-that he had seen the manuscript or heard the number played before writing his own song. If this can be proved, the basis for infringement has been fairly well established.

For this reason, it is important that the songwriter should have his song copyrighted before having it publicly performed. There is an additional and stronger point for this argument. If an uncopyrighted song is performed publicly, the songwriter runs a strong risk of having his number considered in "the public domain." This simply means that he has presented his song to the public, forfeiting all rights of ownership. Even if he should copyright his song after such a performance, he would not be entitled to the exclusive rights mentioned in the copyright law.

There is one point that should be emphasized about copyright registration. The copyright officials in the Washington Bureau of Copyright do not examine the submitted manuscript. They are interested only in recording the date of registration and are not concerned whether the tune is original or is an infringement.

If a copyright is not renewed at the end of the twenty-eight year period, the song falls into public domain and may then be copied by any songwriter desiring to do so. Many classical numbers are in public domain and the melodies of these numbers have been used by professional songwriters as the basis for popular tunes. Some famous instances of this are:

Popular song                                          Classical number
Moon Love                                            Beethoven's Fifth Symphony
Our Love                                               Romeo and Juliet Overture (Tschaikowsky )
Avalon                                                   Puccini's "Tosca"
Moonlight Madonna                              "Poeme" by Pfoebish
Song of Love (From "Blossom Time")    First movement, second theme v of Schubert's "Unfinished Symphony"
Marcheta                                               Merry Wives of Windsor Overture

While such "swiping" is perfectly legitimate, the new songwriter should avoid this practice as much as possible. Not only is there a grave danger that the song-writer might be infringing upon a copyright, but there is also the point that he will fail to impress the publisher with his own originality and creative talents.

Publishers will often take a number that is in public domain and have an original arrangement written for the composition. This arrangement can be copyrighted and the publisher is then entitled to the same exclusive rights on the arrangement as he would have on any other song. No person can use, perform, sell or copy the arrangement without special permission of the copyright owner. This, however, does not prevent another publisher writing and copyrighting his own original arrangement to the composition. This explains why the same composition may appear over the copyright line of more than one publisher. Songs from the Gilbert and Sullivan operas are in public domain in the United States. These songs have been "arranged" by quite a number of publishers and the arrangements have been copyrighted. Under these circumstances, the songwriter who is deliberately "swiping" a public domain melody should be extremely careful that he does not use a copyrighted arrangement of the number.

If, in the trial of an infringement suit, the factors of "prior creation" and "access" cannot be clearly established, the defendant will often resort to song analysis to prove that both numbers derive from a melody that is in the public domain. If he can show, for instance, that while his song is a technical infringement upon the claimant's song, both numbers are, in turn, similar to a public domain song, the charge of infringement cannot be established.

There is one final word that should be said in connection with infringement. The copyright law specifically states that anyone found guilty and convicted of infringement or in knowingly and willfully aiding in an infringement is liable to be enjoined from further infringement; that he must pay to the copyright owner any damages suffered from the infringement (these damages shall not exceed $5,000 nor be less than $250) and also pay any profits (from sheet music sales, records, movie rights, etc.) derived from the infringement. Since such an infringement is a violation of a federal law, the infringer is also liable to imprisonment for a period not exceeding one year, or by a fine of a sum not less than $100.00 nor more than $1,000.00, at the discretion of the court.

When an unpublished manuscript is registered at the Bureau of Copyrights, the owner of the manuscript is automatically granted copyright protection both in the United States and in England. Thus, if an English publisher or songwriter should infringe upon the copyright of a manuscript registered in Washington, the American owner of the copyright would be entitled to the full protection established by the American copyright law. While this registration covers England and the United States, it does not include English dominions, such as Canada, nor does it include any other foreign company.

Prior to the war, international copyright was established by securing a copyright in one of the countries included in the Rome Convention treaty. This treaty guarantees copyright protection on any manuscript duly registered in any country participating in the agreement. Approximately forty nations and protectorates participated in this agreement which also provided that authors outside of the jurisdiction of any of the countries of the union were privileged to register their songs and were entitled to the same rights as national authors. In other words, if an American author copyrighted his song in Canada (a member of the Rome convention) he was entitled to full copyright protection in all the countries of the Rome convention.

The Song Shark Racket

The term "song shark" was invented in 1924 by Ashby Deering of The Morning Telegraph in an article in which he described the lucrative racket that is annually mulcting over $1,000,000 from unsuspecting songwriters throughout the country.

The term "song shark" today is applied to any individual or firm who, with the deliberate intention to defraud, solicits business from songwriters, giving a tremendous "build-up" of the fortunes to be made in songwriting, flattering the songwriter on the quality of his work and requesting money for various services. These services consist of "setting" song poems (lyrics) to music, writing lyrics for melodies, securing publication, placing the song in a motion picture, and many other "angles" for which the songwriter willingly pays, and for which he receives no financial returns whatsoever.

Legitimate publishers do not solicit songs from new songwriters. It is therefore quite safe to assume that any request of this sort indicated in an advertisement, or in direct mail literature, is the work of a song shark.

An interesting feature in all such advertisements is the clever psychology employed by the song shark. A common phrase in such ads is "We set your song poem to music," "Send your song poems for free (?) examination," etc. Actually, the term "song poem" was invented by the song shark who knows that whereas comparatively few people are acquainted with music technique, practically everyone has tried his hand at poetry.

The entire proposition is, of course, a "phony." In the first place, there is only one chance in a thousand that a person, utterly unfamiliar with the structural requirements of a popular song can write a correct lyric. In the second place, it is obvious that if the song shark had commercial ability he would devote his time to writing legitimate songs, and would not be selling his talent for a few dollars. The song shark depends upon a rapid turnover business and cannot afford to spend more time and brains than is required to rehash a few old tunes and put them down on paper. One of the song shark tunes that came to this writer's attention cost the songwriter over $100 and was actually nothing more than a note for note imitation of The Glow Worm written in 1907 by Paul Linke.

Courtesy ASCAP

IRVING BERLIN Alexander's Ragtime Band What'll I Do All Alone
Everybody's Doing It God Bless America White Christmas Etc.

Courtesy ASCAP

GEORGE GERSHWIN Summer Time Porgy and Bess I Got Plenty Of Nothin' Etc.
Internationally famous for show tunes.

Courtesy ASCAP

HOAGY CARMICHAEL Stardust Lazy Bones Etc.

Courtesy ASCAP

FATS WALLER Artist-composer of tunes soft and melodic.

Courtesy ASCAP

RUDOLF FRIML Indian Love Call Rose Marie March Of The Vagabonds Giannina Mia Etc.

Courtesy ASCAP

ARTHUR SCHWARTZ Dancing In The Dark I Love Louisa Louisiana Hayride Etc.

Courtesy ASCAP

OSCAR HAMMERSTEIN II
Internationally famous show tunes and scores.

IRVING CAESAR
Writer of many hit tunes. Originator of safety songs.

Courtesy ASCAP

JIMMIE MCHUGH I Can't Give You Anything But Love Hinky Dinky Parlay Voo Coming In On A Wing And A Prayer And many hits over many years.

Courtesy ASCAP

SIGMUND ROMBERG Desert Song One Alone When I Grow Too Old To Dream Many musical scores.

Courtesy ASCAP

COLE PORTER Begin The Beguine Night And Day I've Got You Under My Skin What Is This Thing Called Love Etc.

Courtesy ASCAP

VINCENT YOUMANS Tea For Two Without A Song Bambolina And many others.

Courtesy ASCAP

HAROLD ARLEN Versatile writer of many hits.

Courtesy ASCAP

E. Y. HARBURG Rated very highly for his beautiful compositions.

Photo by Brown Bros.

RADIO CITY NEW YORK

NBC Studios in Hollywood

Photo by DcBdlis Studios

BRILL BUILDING 1619 BROADWAY

TIMES SQUARE NEW YORK

Courtesy ASCAP

HAROLD ADAMSON
Tony's Wife You're A Sweetheart Did I Remember Coming In On A Win; And A Prayer

Courtesy ASCAP

AL DUBIN Tiptoe Through The Tulips Shuffle Off To Buffalo Lullaby Of Broadway And many others.

Courtesy ASCAP

GEORGE M. COHAN Over There Give My Regards To Broadway Mary Is A Grand Old Name It's A Grand Old Flag And many never to be forgotten tunes.

Courtesy ASCAP

CHARLES TOBIAS Rose O' Day Don't Sweetheart Me Moytle Etc.

EDGAR LESLIE
Among My Souvenirs Moon Over Miami We Must Be Vigilant Etc.

Courtesy ASCAP

WILLIAM C. HANDY St. Louis Blues Memphis Blues Beale Street Blues Known as the Daddy of the Blues.

Courtesy ASCAP

J. FRED COOTS Love Letters In The Sand Santa Claus Is Coming To Town For All We Know And many others.

Courtesy ASCAP

VERNON DUKE Writer of many tunes that will live for a long time.

Courtesy BMI

HENRY PRICHARD I Don't Want To Love You Kentucky One of the new additions in the hall of song writing fame.

Courtesy BMI

ERVIN DRAKE You're Haunting Me Again Mr.Trumpet Man And other current popular tunes.

Courtesy BMI

ROBERT SOUR Body And Soul And many others. This writer has spent time helping many others get started in the music field.

Courtesy ASCAP

WALTER DONALDSON My Blue Heaven You've GotEverything You're Driving Me Crazy Etc.

Courtesy ASCAP

RODGERS and HART My Heart Stood Still Lover There's A Small Hotel And many musical scores.

Courtesy ASCAP

JOHNNY MERCER Dream AccentuateThe Positive And many other very popular songs.

Some years ago, when the writer was cooperating with post office inspectors in an investigation of the song shark racket, a deliberate trap was set for the song sharks. A "song poem" was written which violated every rule of the commercial lyric. This poem was sent from an out-of-town address (and a fictitious name to approximately eighty song sharks). An accompanying letter stated that the writer was a poor girl who had a little money saved up and only wanted to invest it if the poem had commercial value. Needless to say, every song shark "bit" on the bait, and the fictitious "Elsie Dein-inger" was flooded with letters raving about the poem, and stating that the publishers were looking for just such an up-to-date and well-written lyric. Of course, all of these letters mentioned the fact that some revision was necessary and that a "beautiful musical setting" could be made for fees ranging from $2.00 to $150.

One of the first aims of the song shark is to impress the non-professional by either the name of the concern, the reputation of the writers employed, or the claimed alliance with ASCAP (American Society for Composers, Authors and Publishers), the SPA (Songwriters Protective Association), or with the radio or motion picture industries. We therefore find them using such names as "Universal Song Service," "Radio Music Guild," "Society of American Songwriters," "Songwriter's and Publishers Protective Association," "American Association of Authors, Publishers and Producers," "Associated Composers, Authors and Publishers League," "Paramount Publishers," etc.

One of the song sharks who claims connections with the moving picture studios requests a fee for $100 for which "Either I get you a contract from a motion picture producer guaranteeing to use your song in a picture within six months after your acceptance of the song by the producer, or for your trouble and time I will repay you for your confidence by giving absolutely free (postage you must pay) a melody for song poems you have sent me in lead sheet form, plus a properly filled out copyright card which you can use to secure the copyright on your song from Washington, D. C."

Close perusal of this statement reveals the "catches." In the first place, the phrase "six months after your acceptance of your song by the producer3* relieves the song shark of any definite promise. In the second place, although he does promise a melody "absolutely free," one finds that this "free" melody will not be composed until $100 has been paid for twenty-five mimeographed copies of the song and one phonograph record. Since he is aware that few people will pay the $100 in one lump sum, the song shark promises to place the song in a motion picture only after the full amount has been paid. If it is paid in installments, he is not obligated until the final payment has been made. Even if this should occur, his contract provides several loopholes through which he can make his escape.

This particular song shark follows the example of his confreres by offering other baits to the unwary songwriter. One of these consists of a prize contest-entry fee, $5.00. The winner of the contest will, six months after the contest closes, have his song placed in a motion picture. All of this song shark's letters are mimeographed, and it is amusing to note the following statement on a mimeographed form letter: "I know that you will be happy to learn that I know a producer who is getting ready to shoot a Musical Motion Picture within a short time. I have secured a contract from the picture company to use your song." This letter, incidentally, is sent as a "teaser" when the first few "come-ons" have failed. The "song" at this stage is still in the form of a poem.

The song shark never explains to the songwriter that no legitimate producer is interested in songs written by non-professionals and that scores to musical pictures are written by professional songwriters hired on contract by the producer.

The activities of this song shark are fairly easy to spot and would probably not fool the average alert songwriter. However, there are many song sharks who are old hands at the game and whose claims sound valid and promising. It seems advisable to describe the history of one such firm so that the new songwriter may be thoroughly warned against the promises and arguments that he may encounter in his contacts with song sharks.

Some years ago "The Equitable Publishing Company" owned by Mr. Jones and Mr. Smith (these names are fictitious) opened its doors for business. This concern was so blatant in its statements and promises that the Post Office Department closed it up and indicted the partners for fradulent use of the mails. Mr. Jones escaped punishment, but Mr. Smith served a term in the Atlanta penitentiary. When Mr. Smith was released, he banded together with his partner and shortly afterwards the new firm, "Smith-Jones Music Company" opened its doors for business.

This company spared no expense in its advertising campaign. Their literature struck a new high in alluring "build-ups" bandying about names of famous songs, composers, and bandleaders, mentioning the huge fortunes to be made in songwriting and deliberately confusing the reader with verbose but meaningless promises. The firm also had a complicated "follow-up" system which bombarded the songwriter with letter after letter until, if only through sheer exhaustion, the hook was swallowed.

Boiled down, the proposition offered by the "Smith-Jones Music Company" was very simple. A musical setting was offered for $60.00. Once this money was obtained, the songwriter was persuaded to have sheet music copies printed. The price for this was usually $ 100 but varied according to the size of the amateur's pocket-book. If this bait was swallowed, the songwriter was then urged to pay for orchestrations, arrangements, records, etc. Of course, it wasn't just coincidence that Mr. Jones owned the printing plant which printed the music. The profit, on this proposition, needless to say, was, enormous.

Mr. Jones and Mr. Smith had learned their lesson. They had learned that money was to be made in the song shark racket, and they had learned how to keep out of trouble. Although their contracts seemed to promise many things, they actually promised nothing more than "an original music setting" which was "guaranteed" tor please the songwriter.

After the songwriter had been "milked dry," the company began the process of easing him out of the way. A letter to the songwriter stated "We realize that you may not care to undertake the sale of your song, or to personally solicit offers thereon. In the interest of our patrons who are not conveniently located to offer their songs for the consideration of prospective publishers or purchasers direct, we have completed an arrangement whereby the American Manuscript Bureau of 220 "W. 51st Street, will undertake the placement or sale of our patron's songs on a commission basis of 10%.

Since no further fee was requested, the proposition sounded bona fide to the songwriter. However, "The American Manuscript Bureau" was merely desk space in a dingy office. It actually served two purposes. First, since it required a great quantity of printed sheet music copies for its pretended exploitation, it presented an added inducement for the songwriter to pay printing costs. Secondly, it served to keep the songwriter's hopes alive by occasional letters advising that it was "working" on the song and hoped to have it placed. During this interim, the songwriter would undoubtedly place additional songs with the "Smith-Jones Music Company." After five or six months of "continued effort" the Bureau would advise the songwriter that there was no chance of selling the song.

The "Smith-Jones Music Company" continued business for a number of years but finally built up such a bad reputation that it was necessary to close up shop. During this period, however, the partners had accumulated the names of 80,000 amateur songwriters who had been sufficiently gullible to fall for song shark bait. This list could not be wasted. Therefore, no sooner had "The Smith-Jones Music Company" closed up, than "The Radio Music Association" opened its doors. With this new company, the partners employed every trick and guile that they had learned during their careers as song sharks. Instead of confining all song shark activities to one concern, they were distributed among several apparently unassociated companies and individuals. Among these were a composer who had a professional reputation, an arranging company, a printing company, a recording company, and a monthly magazine.

The company itself offered free criticism of "song poems" and melodies. These compositions always received high praise, and the songwriter was referred to Mr. Doe, the professional composer. Mr. Doe's prices ranged from $15 to $30 for a musical setting. Although it was true that Mr. Doe had collaborated on several commercial songs, his collaboration had consisted only of writing the lyrics. However, "The Radio Music Association" billed Mr. Doe as a professional songwriter.

After the musical setting had been composed, the amateur received a friendly letter from Mr. Doe stating "In order that you may properly appreciate the song by having it played on the piano with suitable harmonic effects, I am asking the C. B. Music Arranging Bureau to send you their arranging and copyrighting contracts for your signature."

If the songwriter fell for this gag, he was persuaded to have recordings made, etc., etc. Finally, he was referred back to the original firm which now offered to send his song to all radio stations providing sufficient sheet music copies are furnished for this purpose.

After a six months' period, the songwriter would receive the following curt statement from the company "It is true that it is over six months since we have entered this contract with you, and although we have made every effort according to the terms of the contract, we deeply regret that we have had no offers which we think would interest you. Although we are pleased to act as your exclusive agent in the handling of your song we want you to feel that you are free to negotiate with any other concern. We are hereby returning your original manuscript," etc.

The story of Mr. Smith and Mr. Jones is based upon an actual case history. It illustrates the many angles used by the song sharks, the worthlessness of song shark contracts, and the tremendous profit derived by this racket. The musical setting for which these partners charged $60. actually cost $4.50 (they were turned out in job lots by down-and-out musicians). A similar margin of profit was derived on arranging fees, printing costs and recordings. In no instance did the songwriter secure publication of his song.

The legitimate publishers are well aware of the song shark racket and will turn down any manuscript which bears the signature or firm name of a song shark. In other words, the new songwriter has everything to lose, and nothing to gain by dealing with these unscrupulous individuals.

There was a time, during the early stages of the song shark racket when it could be attacked upon legal grounds, such as improper use of the mails, etc. However, the song shark has learned to actually promise nothing that he cannot fulfill, and to obey the letter, if not the spirit of the law.

In other words, while a song shark's contract or written promises seem to indicate definite acts such as publication, royalties, etc., they will always prove on close examination to contain some clause which exempts the song shark from such responsibility.

The Post Office Department has done an excellent job in closing up song shark firms or in making them "toe the line." However, as a general rule, the Post Office inspectors will not take any action of this sort unless a complaint has been registered with the Post Office Department. On the basis of such a complaint they will make a full investigation of the firm's activities and the type of literature sent through the mail. If the reader has ever been "stuck" by a song shark and possesses the correspondence, contracts, etc., he should turn this material over to the Post Office Department.

It should be made plain, however, that the Post Office Department is interested only in stopping the fraudulent use of the mails and not in recovering the money spent by the individual.

The song shark racket is still flourishing and songwriters are still being flattered and fooled by these unscrupulous individuals. As a final warning to readers of this book-the legitimate publisher mil not solicit money from the songwriter for any purpose whatsoever. If the songwriter desires a special arrangement, recording, etc., he should make certain that the firm he is dealing with has a good reputation in the trade and that the prices requested conform to the usual fees demanded for such services. Above all, do not answer any advertisements soliciting songs or "song poems." All such advertisements are the hall-mark of song shark concerns.

There is no back door to Tin Pan Alley. The publishers do not employ "agents" or "bureaus" or "associations" to solicit songs. They are interested only in dealing directly with the individual songwriters. And, if the legitimate publishers reject a song, they will not accept the same song when it is offered again through a so-called "agent."

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