Song Sharks

The following is from So You Want To Write A Song?, a 1935 book by Robert Bruce, "Music Publishers Protective Association; Editor of Melody Magazine." It offers the only definition of "song-poem" I've ever seen in print, as well as a clear articulation of the business of song sharking, albeit from the sanctimonious point of view of the music publishing establishment.
Although this text is over 60 years old, and apart from the fact that he seems to be referring to delivery of the finished song in sheet music rather than recorded form, the practices Bruce describes are still in use today, virtually unchanged from the way he outlines them.

Thanks to Andrew Simons and Angela Genusa for this exciting find.

What is a "song shark"?
"Song shark" is the trade name for any individual, or firm who, with the deliberate intention to defraud, solicits business from amateur songwriters, advising them that by having music written to their lyrics, or vice versa, they will have a finished composition which will immediately be "snatched up" by a music publisher. Oftentimes, the song shark will himself claim to be a publisher, and will tell the songwriter that his only expense will be in "defraying half the costs of publication."

How does a song shark operate?
The song shark's first problem is to contact the amateur songwriter. This he does either by advertising in magazines and newspapers which he knows will come to the eye of the "out-of-towner" (for the bulk of his business is with people outside of the metropolitan districts) or by securing a "sucker" list. Oftentimes the "sucker" list is obtained by purchasing from the Copyright Bureau at Washington, D.C., a list of copyright entries. This list contains the names and addresses of all those who have obtained copyrights on musical compositions. The song shark has other means of building up a "sucker" list. One of the most successful song sharks in the business has a "sucker" list of eighty thousand (80,000) names.

Once a list is obtained, the shark sets himself up in business. He selects a name for his company which he knows will bring the amateur writers flocking to his door. Usually he calls it a "Songwriters' Guild" or "Service Company" or "Association" or "Bureau." Quite often the song shark is an old time songwriter himself, and will boast of his own past accomplishments in order to reassure the amateur that he is in safe hands.

The song shark in his advertisements or direct mail contacts advises the amateur writer that his firm sets music to lyrics, or lyrics to music, that it will complete a song for publication, and submit it to publishers and radio stations. Sometimes the song shark even promises to have the song broadcast. Charges for initial services range between $5.00 and $60.00, but this is not the end. The song shark always finds excuses for additional charges. Once the song has been completed to the "songwriters' satisfaction," the song shark will advise him that piano parts be printed, orchestrations be made, etc., etc. As long as the amateur writer "bites," the song shark will devise other "necessary" items for him to spend money on. Needless to say, the song shark makes an unbelievable profit on all of these negotiations, and the songwriter finds in the end, that all he has achieved by the expenditure is a few cheaply printed copies of an unsalable song, and a deficit in his pocket book.

Can a song shark's operations be called illegal?
As long as the song shark fulfills the literal terms of his contract with the songwriter he cannot be legally prosecuted. If, however, he fails to fulfill these terms, or if he should set himself forth as a publisher and actually not be a publisher, he is open to legal prosecution. The song shark business is a "racket" and the shark is usually a clever racketeer. While his actions are not illegal they are decidedly unethical. He lives up to the word but not the spirit of the law. His cleverness lies in building up the hopes of the songwriter by reciting in glowing terms his own accomplishments, and the great wealth to be attained in songwriting. However, his contracts are usually so worded that they actually promise nothing at all, and when the songwriter finally finds that he has been fooled and cheated, it is too late to do anything about it but to chalk up the expenditure and time to "experience."

Occasionally you will see an advertisement in a newspaper reading "Enclose 50 cents in stamps, and we will send you a steel-engraved portrait of our first president." If you are sufficiently gullible to send the 50 cents, you will eventually receive -- A TWO CENT POSTAGE STAMP! Now, this is certainly a "racket," and yet, the firm perpetrating it is actually living up to the literal terms of its offer. In the same way, the song shark, engaged in a different kind of "racket" fulfills the terms of his contract and the gullible songwriter receives a similar value for his money.

Do legitimate publishers ever solicit songs through the mail or by advertisements?
The legitimate publisher never solicits songs through the mail or by advertisement. As it is, the publisher is being besieged night and day by aspiring songwriters, both professional and amateur. If anything, he suffers from a superfluity of material. To solicit songs by mail or advertisement would only be adding to his troubles.

Will publishers pay any attention to songs "serviced" or submitted by song sharks?
The only answer to this question is a quite definite "NO." The publisher is doing everything in his power to enlighten the general public about the activities of the song sharks and will do nothing that in any way might encourage their activities. If a song is submitted by a song shark, or if it shows that a song shark has had anything to do with its construction, the legitimate publisher will immediately throw it out.

Why is it not only foolish but dangerous to do business with song sharks?
The song shark operates on a "wholesale" basis. His profit lies in having his work turned out by "hackwriters" cheaply, quickly, and in great quantities. The "hackwriter," or arranger cannot possibly write an original melody for every "song poem" submitted, and often resorts to using parts of copyrighted or published works. If the owner of this "hack" composition should ever have it published or publicly performed, he would run great danger of being sued by the copyright owners on whose works his composition has infringed.

Where can a songwriter obtain information about song sharks?
Such information can be obtained by writing to the Music Publishers Protective Association, the American Society of Composers, Authors and Publishers, or The Song Writers Protective Association.

Is anything being done to eliminate the song shark?
Inasmuch as the song shark is usually sufficiently clever to stay within the literal meaning of the law, it is impossible to prosecute him on legal grounds. There seem to be only two ways to eliminate the song shark, and these methods are being used at the present time. The first of these methods is to educate the general public on the practices of song sharks, and to warn it against dealing with them. The second method which is more effective is to secure the cooperation of the post office department. The song sharks' operations are fraudulent, although perhaps not legally fraudulent. So many complaints have been registered with the post office department, that it has made a survey of this practice, secured definite statistics and statements from the legitimate music publishers and is taking definite steps to put the song sharks out of business and to prevent the use of the mails for their nefarious negotiations.

Approximately how much money do song sharks collect from amateur songwriters each year?
Believe it or not, statistics show that song sharks collect over One Million Dollars ($1,000,000.00) a year from amateur songwriters, for which the writers receive nothing in return but unfulfilled promises, and a few headaches. It is natural for any creator to have faith in his own creation, and when someone comes along and says that the creation is a masterpiece it occurs to very few to question the ethics of the person making that statement.

What is a "song poem"?
A "song poem" is a poem written for the express purpose of having music "set" to it. Actually, there is no such thing as a "song poem." This phrase was invented by the song sharks in order to lead unsuspecting amateur songwriters to believe that popular music is created by writing a melody to a poem. The term is constantly used by amateur writers, but the average music publisher does not even know what it means.

In writing "standard" music, it happens quite often that music is written to a poem, but in such a case, the poem is by a well-known poet. Examples of such songs are "On the Road to Mandalay," "Trees," "Invictus," "Cargos," "Danny Deever," etc.

Are there any legitimate or bona fide agencies or brokers for submitting songs to publishers?
There are no legitimate or authorized agencies, brokers or individuals for submitting songs to publishers. Anyone who claims to do this and asks a fee for such a service should be viewed with suspicion.

Why is it said that the music business is a "closed shop"?
The rumor that the music business is a "closed shop" for amateur writers is definitely false and has arisen partly due to the stories spread by disappointed songwriters who have taken this "sour grape" method of explaining away their lack of success, and partly to the propaganda issued by "song sharks" who have taken advantage of this rumor to bring unsuspecting victims to their doors. Only a small percentage of popular songs written ever reach publication. The reason for this is simply that more songs are written than could possibly be published, and that the production is greater than the demand. Furthermore, a great number of the popular songs written by amateurs and professionals do not come up to the proper standards and are therefore discarded because they would not be marketable. The music business is really open to anyone who meets the requirements of ability and originality.