Variety (November 1954)

Wednesday, November 10, 1954 49 BOW BIG PUSH FOR 45’S IN N. Y. From “Dixie” to “Over There,” from “There’ll Be a Hot Time in the Old Town Tonight” to the Nazi paean of,hate, the “Horst Wessel” song, from “Break the News to Mother” to “The Stars and Stripes Forever” and “God Bless America,” the impact of music on the masses has .been something more casual than just another popular song. This is a perhaps devious approach to the recent wave of single-entendre songs, and its possible relationship to juvenile delinquency. But it is as realistic as the current examination which responsible authorities are making in the fields of crime comics, whodunits on radio and tv, grisly realism in films and the like, in direct relationship to America’s current problem as regards the deterioration of morals among adolescents of the grammar arid prep school age. Fop songs should not avoid the same kind , of intensive intra- industry study. It has long been the feeling that a certain group of recording favorites, whom “the kids” regard, with a fervor bordering on. fanatacism, could do much to curb juvenile de- linquency, if the chips were dovpi. That goes for the current crop of hot faves with young America like Eddie Fisher, Johnnie . Ray, Frankie Laine, Perry Como, - etc., as it was true in the yes- teryear Sinatra-Benny Goodman vogue. The Common denominator of pop music has alchemist effect on these kids, hence the obligation to feed them the right type of lyrics is more than a casual thing. It is one of the most in- timate mediums of masS Communications because, emotionally; the audience, identification with almost any song is so direct and personal. in an industry where the facts of life can be projected in such euphemistic terms as “hug” and “kiss”—as substitutes for earths ier connotations—the creation and popularization of a “cute” Song, just because it may sell a few records, carries with it a greater responsibility. This caution is. not born of imagination. The Songwriters’ Pror t.ective Assn, last week formally “condemned” smutty lyrics in the public interest. Just because the prime offenders have been the so-called “rhythm & blues” tunes does not minimize the fact that almost every one of the major labels, at one time or another, has been the subject of similar comment. The criticism may not be as sharply directed at them; but sundry “interpretations” have been unsub tie,in their lyrical treatments. There will always be qulck-dollar opportunists, and if the record thing is so important in today’s scheme' of song popular- ization, it is the obligation of the broadcasters to screen every platter they put on the air. That string of questionable r&b titles on that Memphis station, as reported last week, would never be the target if the station’s program department exer- cised a little common sense in a quick run-through of some of those “mama” and “baby” and “rock me” titles. That also goes for a bigtime deejay who, on the one hand, brags that he “likes to hear the records for the first time with my audiences,” and coincidentally expresses shock at some of the double -entendre stuff, resulting in- sharp comment as he yanks the platter off the turntable. How much v/iser it would be never to expose this brand of blue stuff in the first place! Tin Pan Alley’s obligation to its public has been almost ideal- istically manifested over the years. The treasury of American pop songs that inspire the sentimental, nostalgic and rhythmic moods is a tribute to the ingenuity and productivity of the American music business. But in ah era when the moral fibre of all nations; is threatened by a deterioration of what once were basic, principles, it is the more Important today that something, as intimately associated with the young Amerca as a popular song, be most carefully , screened before being given permanency on wax. This is the kind of quick buck nobody in the music business wants—or should risk. Abel Harry Fox, publishers agent and trustee, through his attorneys, Ju- lian T. Abeles (& Bernstein), has established two more important le- gal precedents in his all-out drive on behalf of music; publishers' against unlicensed and defaulting disk labels. The decision was hand- ed down last Friday (5) by Judge Archie O. Dawson of the N. Y, Fed- eral Court in actions brought by Fox on behalf of ShapirorBernstein Music, Gershwin Publishing Corp., Edward B. Marks Music, Miller Music, Lewis Music and Mutual Music, in' conjunction with the Glenn Miller estate. The action was brought against the manufacturer and, distributor; of off-the-air recordings of the propaganda broadcasts of Major Harry Fox, publishers* agent and land during the last World War, and against the retail. dealers, in New York City who purchased, and sold the records. The decision was given in a motion made by Abeles for judgment against the manufacr turer, Joseph Krug, individually and doing business as A. F. N. Record Co. In his efforts to stamp out such (Continued on page 56) In the first major attempt to crack i the New York disk market with 45 rpm disks, Macy’s; N.Y.' de- partment store, is cooperating with several major disk companies in a “45 rpm Festival” this week. Macy’s disk department is putting the major accent on its 45 rpm merchandise for the week and ma- jor label names.are chipping in by. making personal appearances. John Reeves, Macy’s platter buy- er, set up; the promotion with Phil Silverman, exec of Bruno’s, which distributes Victor disks in the met-, ropolitan area. Also instrumental in setting up the project was Paul Sklar, special Victor field rep in N.Y. specializing on pushing the 45s. Other companies, such as Co- lumbia and Decca Records, are also joining in the campaign, by taking spreads in the daily papers. Although the 45s have been pushing ahead in all other areas, they have, not been clicks in the New York; metropolitan area. Ma- jor factor in the lag is ascribed to the failure of N.Y. retailers.to push the 45 rpm machines. In other cities, notably Philadelphia, the re- tailers sold their full quota of. 45 machines and now that speed has gradually displaced the 78s in the pop field. N.Y. dealers have tend- ed to brush the 45 machines in favor of three-speed players, which are not as handy as well as being more expensive than the single speed machines. It’s, estimated that New York is losing $10,000,000 annually in 45 rpm business due to retailer short- sightedness. This attitude is all the more unusual, it’s held, be- cause. th 33 rpm market in N.Y. is shot through with discounters to the extent that retailers can hardly, make a profit on longplay platters. On the 45s, however, the dealer can make his full markup of 40%, since the discount houses cannot afford to cut prices on the lower- priced lines. Society Stuff Another socialite is taking a crack at Tin Pan Alley. Rebe- kah Harkness, widow of Wil- liam Harkness (Cleveland Standard Oil clan), has penned “Tropical Nocturne,” which will be played by the N. Y. Philharmonic, D’Artega con- ducting, at New York’s Carne- gie Hall, Nov. 26. ' Gloria Vanderbilt Stokow- ski made a stab at songsmith- ing about a year ago. HIGH COURT NIXES AFM ‘UNFAIR LIST’ APPEAL Washington, Nov. 9. The American Federation of Mu- sicians suffered a technical kayo before the Supreme Court Monday (8) when the justices rejected an AFM appeal from Appeals Court decision affecting the “un- fair list.” Case involved a Nashville agent, Abe Stein, who was placed on the AFM “unfair list” after he had brought suit for damages be- cause of alleged failure of DUke Ellington’s orch to fill a date he had booked. Last year, the Appeals Court in Tennessee granted Stein a tempo- rary injunction against the AFM’s move to put him on the “unfair list.” The AFM appealed this de- cision to Supreme Court, which re- fused to review the lower court’s ruling. 0 The final determination of the case, either in the form of a permanent injunction against the AFM or the dismissal of Stein’s application, is still before the Ap- peals Court. Hollywood, Nov. 9. Jimmy Wakely heads the Coral Caravan, unit of performers fea- tured on the Coral label, which leaves here end of this month for a series of dne-nighters through the Pacific Northwest that may be a forerunner to a coast-to-coast tour. It’s the first Coral Caravan to take to the road but the diskery, subsidiary of Decca, may haye others going out next year. With Wakely in this unit will be The Three Rays, Tommy Duncan and Don Weston and his band. Out- fit opens Nov. 27 at the Rogue Val- ley Ballroom in Medford, Ore., and has subsequent dates slated in Newport, Ore., Olympia, Tacoma and Seattle, Wash., and Albany, Coquille and Klamath Falls, Ore. In addition to the personal ap- pearances, unit will visit deejays, make television appearances and visit Coral dealers in the area. Pitch Pix Deal on DeSylva, Brown, Henderson Combo Coast agent Danny Winkler headed back to Hollywood last week to pitch up a picture deal framed around the songwriting combination of DeSylva, Brown & Henderson. Winkler locked up okays from Lew Brown and Ray Henderson and also got rights to a biopic on the late Buddy De- Sylva from Dave Shelley, stepson of DeSylva and heir of all his cre- ative rights. Interest in the DeSylva, Brown. & Henderson team from .Holly- wood is part of the pic cycle of. biogs on such tunesmiths as Gus Kahn, Bert Kalmar & Harry Ruby, Rodgers & Hart, Jerome Kern and Sigmud Romberg, whose Metro biopic, “Deep in My Heart,” Is due for release shortly. While net earnings for Decca Records for the first nine months of this year have soared over last year, Milton R. Rackmil, prexy of both Decca and Universal Pictures, arid a group of associates have taken over control of more than 500,000 shares of the diskery’s 1,- 602,501 outstanding shares. Last Week,: the Rackmil group bought 103,000 Decca shares from Lansall Corp.; an investment firm controlled by David Baird and Rob- ert R. Young interests. About the same time, Rackmil was made trus- tee for another 75,000 shares of Decca stock. New stock owner- ship and control by the Rackmil group puts the Decca prexy in a virtually impregnable p o. s i t i o n against any attempt to unseat the present management, Last, spring; George L. Lloyd, a former board member, attempted tb oust Rack- mil in a stockholders’ proxy fight, but Lloyd was overwhelmingly de- feated. Decca earnings for the first three quarters of this year, ending Sept. 30, amounted to $2,272,602, equal to $1.42 per share of the outstand- ing capital stock. The net includ- ed the - undistributed earnings of the diskery’s subsidiary. Universal Pictures, of Which Decca owns 718,- 585 shares or 73% of the picture company’s total common stock. In'the corresponding period last year, Deccas earnings were $471,- 593, equal to 35c per share on 1,- 354,158 shares. The 1953 net, how- ever, did not include Decca’s then proportional share . of Universal’s undistributed earnings, this indi- cating that De'cca’s Universal in- vestment has ben chiefly respons- ible for the sharp rise in the disk- ery’s earning statement this year. TALLU HEADING DRIVE 7-f Execs of the American Society of Composers, Authors & Publish- ers and. the major film companies are closely watching the outcome of a current legal action, in Switz- erland aimed at eliminating the need to pay music performance fees by film theatre exhibitors. Suit was brought by a Swiss “thea- tre group against the' Society Suisse Des Auteurs et. Editeurs, the Swiss equivalent of ASCAP. The Swiss performing rights soci- ety originally won the suit in lower court several months ago, but on appeal, the exhibitor plain- tiff won the right to a retrial, which is now ih progress. According to the Swiss exhibi- tors’ contention, they don’t have to pay special music performance febs for playing music on filpi soundtracks, since their deal with the picture distributors also cov- ered the use of the music in the films. The fundamental contention, of the Swiss performing rights so-' ciety and the music industry is that the music is not owned by the film producer or distributor but by the publisher. Similar cases in- volving the same contentions by film exhibitors were previously de- feated in Germany, Belgium and Holland. For the writers and publishers, this suit is of major importance since performance coi from thea- tre exhibs in Europe represents a big portion bf their revenue. The Screen Composers Assn., repre- sertting Hollywood background (Continued on page 54) Tallulah Bankhead Is currently heading a. special committee to raise funds fpr the W. C. Handy Foundation for the Blind on the occasion of Handy’s 81st birthday, Nov. 16. Other members of the committee are. ASCAP prexy Stan- ley Adams, Df; Rufus E. Clement, L.: Wolfe Gilbert, Andy Razaf, Noble Sissle* and Arthur Spingarn! The Handy Foundation is a na- tional interracial organization dedi- cated to aiding sightless persons. ' Lion’s EP Albumettes Lion Records, MGM Records subsidiary originally formed to market pop-price LP packages, has. been, enlarged to handle 45 rpm EP albumettes as well. Initial re- leases are now on the market. Lion will continue to avoid sin- gle 78 releases in favor of thr packaged goods. . Label also will begin printing the album price on the sleeve, to prevent dealers in scattered areas from selling Lion packages at prices higher than list. Lou Levy, head of Leeds Musi , bought a disk company yesterday with a bid of $4,200 for the assets of the bankrupt Derby Recordi firm. ' Levy's bid topped the $3,500 offer ; made, later . withdrawn, by Eli Oberstein; head of the Varsity and Royale loW-priced disk labels. Ben Selvin, artists. & repertoire chief for RCA’s Camden label, was the court-appointed appraiser of the assets of the Derby company. Exactly what Levy will wind up with hasn't exactly been deter* mined, although it’s known thaf Larry Newton, head of Derby when it was functioning, had made nu- merous purchases of masters. New- ton sold to other labels a coupl* of dozen masters before the bank- ruptcy declaration for $1,000, and other masters made by Dwight Fiske and. a couple of bands will revert back to the artists under terms of their individual deals. It’s expected that there will be a legal hassle over Whether Newton had the right to dispose of the masters before the bankruptcy declaration. Chandler to Disk Film Speeches for Decca Decca is dickering for the pur- chase of an independently-re- corded musical background to frame a new. record on which Jeff Chandler will read r o m a n ti c speeches adapted from a pair of films. Music was written, and ar- ranged by Dennis Farnon and was recorded by Bud Freeman’s indie Belfry Records. Package is tagged “Woman.” Freeman had the speeches dubbed end submitted the pack- age to Decca as an idea for Chan- dler. Plattery will use the back- ground music, dubbing in Chan- dler’s voice on a new track. RCA ADDS HILLBILLY Herb Shirter, hillbilly singer, has joined RCA Victor’s country & western roster. ' He formerly worked for Decca Records.