ASCAP Celebrates 95th Anniversary And 150th Birthday Of Founder: American Music Great Victor Herbert

NEW YORK, NY. (Top40 Charts/ ASCAP) - February 2009 marks two milestone anniversaries for ASCAP (American Society of Composers, Authors and Publishers). February 1 was the 150th birthday of Victor Herbert, the great Irish-American composer of such operettas as "Babes in Toyland," "Naughty Marietta," "Sweethearts" and "The Red Mill." Herbert was also the driving force behind the establishment of ASCAP and served as Vice President of the organization from 1914 until his death in 1924. And February 13 is the 95th anniversary of the formal founding of the Society envisioned by Herbert and a small group of composers, lyricists and music publishers at New York's Claridge Hotel in 1914. ASCAP made it possible and practical for music creators in the United States to be compensated for the public performance of their works in accordance with U.S. Copyright Law.

Victor August Herbert was born in Dublin, Ireland on February 1, 1859. He received his musical training at the Stuttgart Conservatory in Germany, and became a cellist of great ability, playing in the orchestra of Johann Strauss in Vienna. When Herbert's wife, Viennese soprano Therese Foerster, was engaged by the Metropolitan Opera in New York in 1886, Herbert relocated as well, joining the opera's orchestra. He soon became a conductor of note, leading the 22nd Regimental Band of the New York National Guard, the Pittsburgh Symphony and his own Victor Herbert Orchestra. He was featured, both as conductor and cellist, on early recordings issued by the Victor Talking Machine Company. As a composer, Herbert wrote 43 operettas, two operas and many instrumental works for ensemble and solo players. Herbert's most influential orchestral work was his "Cello Concerto No. 2 in E minor, Op. 30," which has been recorded frequently. His operettas introduced a number of classic songs to the American repertory, including "Ah! Sweet Mystery of Life," "Gypsy Love Song," "Sweethearts," "Tramp, Tramp, Tramp," "Babes in Toyland" and the beloved theme, "March of the Toys." Herbert died in New York City on May 26, 1924 at the age of 65. On February 1, 1927, ASCAP presented a statue of Victor Herbert to the city of New York - it still stands in Central Park. In 1940, Victor Herbert was memorialized on a U.S. Postage Stamp.

Herbert's legacy of leadership in protecting the rights of music creators runs as deep as his own music. It was Victor Herbert's participation in an amicus brief in the case of White-Smith Music Publishing Company v. The Apollo Company that helped pave the way for the Copyright Law of 1909, which granted mechanical and performance rights to music creators and publishers. In addition to spearheading the founding of ASCAP, the lawsuit, Herbert v. Shanley's, served as the basis for the 1917 U.S. Supreme Court decision that gave ASCAP the legal backing to license on behalf of its members.