Variety (November 1963)

_ this’. yéars.. ' Ings ‘Rights. lyricists, cand. ‘music publishers in|}: this“ country and: also “collects ‘for |+—— _. those “in other ‘lands With which | 4 ~ "Ft has agreements, ©: ; 1 1968. MUSIC . AT "By. HAZEL ‘GUILD | a Frankfurt, Nov. 26.” GEMA, the “powerful : German . ‘“-musie union. which ‘is. the. equiva|] Jent. of the American Society of {| Composers, Authors and Publish-|}ers ‘here, expects to collect ‘$25,J ” *.-000,000. from performing rights | But ..while. the: figure. |]. .“$s obviously.a substantial ‘one, it’s} 7 still considerably. -below. the’ $33,: racking’ up in. 1963. Tt: protects . .€omposers, ‘The. organization, _ marks—about, $24,625,000... . “Costs of: collection and: operation | “represent about 15% “sociation’s ‘in previous years. . out. almost $21,000,000: to.:native | and foreign musicians: and:. “pub|. :lishers whom : it. represents; : a | set. a. precedent. with ‘regard to” air | Radio-TV.. ‘Paid. Thitd“About. ‘one-third ‘of the. iticome “eame: from radio. and: -television. ‘in West Germany, | : Dr.. Schulze’s. report. In. this par-. ticular’: area; | éarnings have — in . creased. considerably...’ and. have “offset losses in other fields, if was... * ‘explained. . contracts ‘with Germany’ s: Second. GEMA -“has : signed: Television. Net, which got started . in April this year, arid with’ Voice: “of: America and. -.. Welle. (Voice of: Germany): . Latter *” §g:-a propaganda : and -news-short~ ‘wave setup of the German’ govern that it~ -was~ ‘Grammophon to up its. fees. __ “With ‘the film business | sliding. in West. Germany, the. income: from. -GEMA-protected --.musi¢.-: in. -pix. ‘the. Deutsche ment. ‘Income from = records has. dropped slightly. to 22.2% of the. ., total’ take, ‘since: the trend: is. to: .. play: more LPs, +. @lightly. than: the’ same ‘number’ of which. pay a spins with single: platters... ‘However, GEMA: ‘progressed in that! ‘it concluded . pending .-con-. <o-tracts with’ the -firmsof Deutsche -: Grammophon, . gnd Philips for. its Tights, ‘and did. “not. have to complete a‘test: lawsuit}: ‘ preparing. . against. ‘Teldec, .-Electrola dropped. a bit, to: ‘about. ‘$60, 000. a Buckingham Pirated is. :.Nun’ Album Cover, Merc. : “Coatends in $100,000 Suit | : Mercury. Records filed . suit ‘in | N-¥. Federal. Court. last .-week: . against. Buckingham Records.. The , *. getion: seeks“ an. injunction enjoin|. --.'.$ng defendant: from. distributing. or 2, tising.a record album cover or any : = similar cover resembling -that. used. “by Merc for .‘The Singing. Nun.” | vi. All-aceounting «by reason -of un7 i fair competition: as well ascom: fF Deneatory damages. OF. ‘$100,000. is And” recorded. music. played © in’ ‘jukeboxes, too, ig” just ‘about at.| Pe standstill in the .GEMA. tills. Restaurant Income ‘Dips: (Continued on: page 50)". a ‘complaint states tliat on. or oa ‘about Aug. :15,. 1963; Mercury. re-.| J+) Jeased.-on. itsPhilips label. an: al-: .. > pum in ‘monaural and’ stereo -ver.-. .. sions: entitled “The. Singing: Nun,”. ” ‘and a single’ called : “Dominique.” ‘Philips’ record. lists for $428 ‘for |. -stereo and. $3.98 for. ‘monaural. 4 _Buckingham’s. disk lists’ for 99c. The ‘suit claims: that: the. album | cover .in-.which: Philips’ record: is _ Jenclosed:: is’ an “unusual .and ‘dis-: “-: tinctive one. Buckingham’s cover’ te ‘assertedly ds a: substantial: copy. of: -' plaintiff’s: that the “defendant: deliberately |: cc: @opied the. ‘color,’ design, ‘layout: "and method. of depiction and ‘other ‘The... action.. ol details: in order to. confuse. ‘and. ‘deceive the. -public.. °° : . Phe’ suit. alleges. thatthe sale : -, «<. Of -Buckingham’s ‘record’ ‘injured ° _ Mercury and: . deceives,” “and. ‘tonfuses: the: ‘Public. 000,000. that" ASCAP. anticipates ||” . GEMA (whose. full ’-moniker: is{]/ the Gesellschaft fuer musikalische.|]_ _Auffuerhungs “und. “merchanische |} 7 -Vervielfaeltigaungsrechte). . roe _ for: the..Assn, for: “Musical Offer-|}: . aa ‘and. ‘Mechaiical.: Repeating || an | 1 Plus other ‘stotistical and data-hilled -standsi fF. . o # oe headed” by > nae ‘Erich, Schulze, -has just: pub|" 27" _.. lished ‘its -1962 report. which: shews |}. <; Igcome up 7% -aver “1961 and ‘col -lections. of. 98,5000.000. German a of the. as-| take; just. as. they have} So: GEMA paid | according. ‘to. _|PHONOGRAPH SALES’ “Fewer restaurants, hotels‘ and‘. — pensions. have.” television ‘ ‘sets: in} charges misleads | fe to. meet. at short notice. ao _ -peitiah Publisher: | . “JIMMY PHILLIPS discourses on the how and why. -Anglo-U. Se Music ‘Tables Are Turning ' "another Informative Fecture: mA Inthe: upcoming: ‘oun Anniversary Number 7 .. oF ; : VARIETY “charts ond articles. a . Hollywood; ‘Nov. 96. The: “American Society: of Com. posers, . ‘Authors, & -Publishers. has play. of-the Elmer ‘Bernstein music in Cecil.”.B:’ DeMille’s, score soundtrack.of the Paramount film for use.-on the Dec. 1° MGM DeMille. television: spectacular. ‘At. DeMille’s " personal. request; ‘soundtrack .. has . from any.air play. ‘quest’. of Paramount and: ‘with -ap“proval — of Mrs..: Harper, ‘who controls. cher father's ‘estate, has released music :for this: ‘airing only, with 1965. repeat of the special yet to. be: negotiated i in aréa |. {of this -music.. -. ‘Soundtrack originally . was. re‘corded by -Dot Recdrds, company. ‘restricting it from ‘its’ deejay cata Paramount. music. “head: “William Stinson. said . this ‘restriction. “will. ‘remain. ‘DeMille originally had .ob-+.” jected to airplay. because ‘he didn’t | want: score. to be interrupted ‘by or: | See No Snafu in 1964 To associated with commerieals.: In the. past, restrictions have -be pledges * to: . protect. Command | ‘to this single—or. Possibly "64 re peat—airing. . : 7 Washington, Nov: 26." “Phonograph sales _ were” “up .. “f “September and. running ahead: oe ‘| -last year’s figures, the Electronic |. = Feported “last Industries. Assn. | Lweek.: ; "September: distributor sales were. “591, 694 compared to -the . “August: mark: of 407,348. First: nine-month distrib sales were 3,057,493, a big figure of 2,734,788. As ‘broken: down by: EIA, 413, 003 portable/table models. and : 178, 691 ‘consoles were sold. in ‘September’ by distributors: On ‘the: nine-month | pattern, distributors this year have sold 2,030;434: Portables and. A, 027, 059 consoles: : “884 consoles. 3 British Masie Trade Assis. Ferm Joint Council. | London, Nov.. 26.° ord -Retailers:. ‘ASSN... ‘council. will be ‘available for joint | consultations: with diskeries.: ~RIRC will be ‘convened at ‘least | ment Center.’ three. times ‘a: ‘year. An.action com ame “10: Com-} ‘mandments,” with. release’ of sixminute -portion. ‘of ‘the ‘original -Cecilia “DeMille’ | Makem: ° opened. the ® show some. rousing -irish~ ballads,..warm<:. Jog. which ‘allows: ‘sale of. all other. releases to stations: at $1.. each. : for the BMI Project: come void. if. barrier . has been | ‘broken once... However, ASCAP; in |: this instance,. ‘according to .Stinson;. 99. He ments” music in-honor of DeMi ‘over: Yale. Prof. Frederick C. -Barg-| {hoorn ‘is’ not expected to. disrupt [the : recently: announced. Cleveland. ‘| Orchestra’s five-week trip: Of" the -_ Soviet Union -with the opening eon-{ |cert in: “Moscow, “April: 16, 1965. . wP SHARPLY. IN SEPT. |: jump” over last year’s comparable. Comparable. sales. for: -Jast “year. -| were 1 797,904. ‘portables: ‘and: 936,; = “oppree: “British music | trade. as| sociations—the | Gramophone:. ‘Rec-| ‘the . Music | prades oe and. ‘the: -Radio’ -&: “Television étailers'. Assn——have |), ‘formed ‘a’ joint. body known: as |7O"“Damascus; Athens, the. Retailers Joint Record Council: |. “Pais “Concours” ids Paris, N Ov.: 26. The. Pong-Thibault. Iniportance of the contest in mu-! | sie circles is indicated. by a.giance. J) at.the jury,. which. consists, of Emil:|{ | Gillels;; Raymond Luecher, Franz4[ Andre, Leonid Kogan, Darius “Mil[T. | haud; Henri Sauguet, Daniel Lesur, |}. ' There © were .48 |] a: pianists ‘and . 32 violinists enrolled | 7 Yuri : Boukoff. in’ the contest. | | Brubeck Quartet Janes Up ‘Nat'l Press Club. For ~ BMI's Tth Annual Sh ow 4 Washington; “Nov: 46. “Broadcast . ' Music’ : Ine.” billing. : . Club: ‘meiners: reacted with: far on more. than tisual-.enthusiasm. The | _ | Brubeck group: was’ 4s. big. a. hit} \as has: ‘played. the Club in, a long time: : ..BMI | board. ‘chairman Sidney | Kayeand -v:p..: ‘Robert. J... Burton. were ‘down: for. the~ program. the. organization. ‘arranges: once’ a‘year _as. a.-publicrelations : gesture. for | ‘Washington ‘newsmen... ° “It. “have. fun’. evening with-. no ee *|-fort-to sell BMI--view. : The: aim “is. obviously . ‘to: make:! ‘been restricted a good::impréssion ‘for BMI-in ‘the | “ASCARP, at -re=: “everybo dy’ 5: ASCAP | ‘for: years provided. talent | ‘fora ‘Club: ‘luncheon: -onée. annually ‘but: abandoned ° the. “project two “years: ago. minds’ of . reporters. who. -eover troubles: DiC. ‘The Clancy? “Bros. &: * Fommy with ing the .capacity audience’ “well for Kathy. Keegan who sang a variety ‘of tunes, including’ “Build a Mountain” -and. “What, Kind. of Fool Am |: B Bigg The ‘Trishmen and. Miss. ‘Keegan “won: ‘heavy: ‘mitting. It was the. seventh year in. a row ° Carp. “Cleveland, Nov. 26. phe. ‘Soviet-Américan incident “Musical Direetor ‘George; ‘Szell, associate ‘Conductors :Robert. ‘Shaw {and ‘Louis: Eane; will head the. 106a: sl member ‘group inthe first Soviet visit of..the. orchestra, ‘one of four: attractions: scheduled’ by. the -State |. Dept.’ to: go’ to. Russia.. The others | _jinelude the’ Oberlin. (O:) College}. ‘| Choir, N.Y.-Pro. Musica; Oct. -1964, and. group’s: second: tie-in: with. the State Dept..-program; the first com-. ‘ing in: 1957. when .10 countries were visited. in. Europe;: and’ 29 concerts ‘under. Conductor Széll were ‘given: ‘in 40. days:'In.the 45.seasons of. its. 7 ‘history,: the orchestra.. ‘has played |.8: fotal of 1, 924 concerts on tour. Bite ‘Symph. Also. ‘Set Washington, Nov:. ‘96: Kilgore, Tex. Nov. 26. Wan Gliburn. returns to. his home=: ‘town for. a “spécial concert chenefit ‘on Dee: 3.for the: East: Texas TreatEvent will -be: held | ‘in the’ Kilgore: College ‘Auditorium. mittee, however, has been formed | , aan for Van Cliburn: ‘Since ‘Dec, 2. +1958. ‘A : It willbe the first: ‘Tocal co rert at biannual a wy a “Coneours,” generally ‘considered | ~ ‘| in. music circlés,.as “one of. the}. ©: ~~ | two or three ‘most important longPa — yy baie contests for: pianists and’ vio|} _. |} linists, ended’ here ‘on. Monday. (25).I7:1) Musicians | from .21.-nations . par-. ticipated, including ‘six ‘ Americans. | |. “How: jazzy. is s. the: National: Aress | oi | Giub?, oe “Bxees, working: out their. ‘annual: show‘for |" {the -Club’s: only black’ ‘tie ball of | . |} the year, made an admittedly. ‘Herv|: ‘|-ous,. booking: last. ‘week’ with. :the | | Dave. -Brubeck Quartet in “Sets Precedent. top. -Cere Oreh’s USSR: Tour: : “phe: Pittsburgh Symphony. Or‘chestra.‘has been ‘tapped by ‘the. State. Dept.. to’ perform: ina series. |: of music: festivals’ ‘in. Europe | ‘and ‘the. -Near East next’ sumimer. = +}. The tour-from: Aug. ‘15 to:Sept: 51. will cover fests: in Baalbeck, Leba-'|-Lucerne: li GENE MOSKOWITZ. : drei how, es In the U.K: ond u. S..: wee thes: Copeins’ (French) ' “Teens Call. Tunes | In Paris. | “one. ot the. many y Fectures. vin the: ‘upcoming 2 |: ersar mber | sa Annies sa J Nu {1 live public. service programs.” or) a VARIETY © “Plus other statistical and. doto-hiled te charts aad ‘articles © a ‘ast cae | Cancels Morgan oh $66 Tax Tif "Hollywood, Nov: 26: BY aye: Roberts, operator. of . the | ‘Aragon. Ballroom: in Pacific: Océan | Park; :has’ shrouded the: :terpalace ‘a dispufe with: ‘Russ ‘Morgan ‘that ‘the ‘bandleader: “has: ‘passed | to: 3: ‘AFMusicians. Local: 47U.. Morgan | contends that he. ‘has. a’ valid-con-. -tract to have. opened at the: Aragon | on: ‘Nov. 13 .and -play. four nights ° weekly ‘through’ Dec, 29. the pact ‘is’ valid: Roberts, : ‘at. the that-‘he.. notified: ‘Morgan. that -his -band. wascancelled out of the en, gagement.. ‘shortly . after Morgan | . played: the Aragon for™ ‘a stretch ‘in |. -‘September-October.. Roberts. ‘also -contends he ‘notified. the. union ‘of | the -cancellation.. Meantime, Her| year employment records of the. New. Orleans local show only a. sin-. ~ man: says. it is “pay or play.” office. take. that. is. “the tax. |. ballroom. the disputed. tax coin ‘that ‘band's |. return* date. ” GARDINER EXITS WILLS © -| years, leaves ‘at the end of this | [te iy Bc ‘month to enter ‘the: concert field | in management. and. publicity. ‘represented. by “Ezio Flagello Sings. Rossini and Mozart Arias.” Scope plans. to ‘cut, an album: of dramatic Tatum: ... ¥ Mathis Doubling in Tape, “London, | Now. 26. | ‘{urday(30) at the Beethoven: Halle ; in: the “German capital: On. the “game. night, : Mathis will ‘also ap-. pear. at. ‘the: “German Government | “| copyright infringement: and that.” the Supreme Court has no jurisdic‘tion, -plus the fact. that the tunes |. dre in. ‘the. publie domain, copya righted before. the 1909 act. ‘ball: in‘ the city. ~ “The: ~package-. ‘deal’ ‘was: set. by Norman Payne and. Harry. Har-. bour, through: . their’ tv. ‘company, Albermarle’ ‘Productions. I eis FOC 2 Renewal of ' ‘and ‘in -so’-doing’has precipitated leans. ‘Max Herman; ‘Local 47 V.p: ‘who. probed: ‘the “wrangle. Stated that |. | same time, Said ‘it-is not. He: added. According | to -Roberts, :andcon-: ‘firmed: by Morgan; the dispute’ . | stems from phraseology -in the con-: tract... Morgan's’ band -.last . played. ' }-the Aragon .on’a deal calling ‘for. | -oreh to’ get guarantee of $2,000.| + for the. weekly four nights against |. | £096 “of the | gross.” ‘Morgan con{ tends: that “gross” in terms.of the pact.in¢ludes that: Slice ‘of the box--| “WhenMorgan. ‘ast. played ‘the t the bandleader realized in his. per-centage. deal -amounted to.: $66... | Eaeh’ claimed it—and: the’ $66. dis‘pute moved’ Roberts to cancel “the FOR CONCERT MGT. BIZ | | Bob:Gardiner, Mills: Music’s ad| ‘and. the “Holiday On. ce” “May‘publicity man ‘for. the ‘past: four | .: June, . 1964. . | “With the. orchestra will ‘be: ‘Leon: Fleisher’ and. John. Browning, pianists. Following. the . five-week Rus-|. ‘| sian’ tour, the Orchestre wit) #-7-{ duct “:anextra’ five-week. ‘visit in. Scandanavia,, Britain, Franc: *: ‘tria and Holland. This:is. the Cleve Gardiner. recently brought: Amer-. ican. soprano Nancy: Tatum . over. ‘from -Germany to make her New ‘York debut: vat Carnegie Hall. |. ‘Gardiner ie also an. officer for] Scope ‘Records. which ‘is currently | Verdi. and . Wagner: arias. “by ‘Miss . “Jonny Mathis heads ‘for Bonn. this week to tape a one-man show. ie the second German. network.. “1 ‘The program will be. recorded. Sat-. Object .is to:.safeguard ‘interests: |’ Cliburn’ Ss. ‘Hometown Gig of all record. retailers: throughout |: : ‘the country. At the same time the|_ alties. . order. to: | The: American. Federation . of { Musicians. and its New Orleans ‘{{tocal have again petitioned the. | Federal Communications Commis1 Sion to deny or désignate for hearI|ing the license renewal -of New ; Orleans’ station. WWL-TV. : ri: ‘Basis. of :.the formal “objections,” ‘T] filed’ by Federation. attorneys. in oe i ‘Washington. Jast. week, reiterates |} the. petitioners’ complaint: to’: the | FCC of -April 24, 1961; that the. 1] Loyola . U.. station has failed to fulfill .its ‘programming pledges. “particularly with. respect to local ‘At that. -time the Commission «le Ated “WWL-TV. ~only..a short- term: license. renewal, serving ‘| notice.‘on. the station in December, 1962, that: “a substantial variance” —| was found in. its program proposals? ‘as compared to -program Perfor-_ -‘Mance, particularlv with respect to| local’ live: offerings. -In‘its:-new pétition, the music jans’ |-assert: that since that warning. the: license. “has. literally done. noth‘ ing. to improve its loca] live pro‘gramming, to ascertain the needs ofthe New. Orleans community, ‘or te encourage. and utilize. local live ‘music talent.” — Compiaint’s Leng History ‘History. of ‘the .musicians’ com-. plaint.: against the Loyola station’ dates back to ‘shortlv after its original grant of channel 4 in New OrStaff musicians embloyed by Loyola Radio Station: WWL. at that: time, the petition Says, DeY-formed without pav to ‘produce. . ‘intra-studio camera chain programs inorder’ to: substantiate the tele‘vision application’s claim that such-: | programs could and would be used ° if the grant. were made. ‘The avpliant’s program: prorosals, to the FCC listed 38 live local pro-— frams, .of. which 13. would use Jocal. live: music, the. complaint recites, Apart from using a staff. organ ist for two vears ‘from its inception,”. WWL-TV has provided:: no. staff ‘employment for local. live musicians over. the years, the complaint asserts, and within the Jast gle staff: ‘pianist whose duties are ‘“to act as a master of ceremonies . ‘and ‘who occasionally touched a pl. ‘ano. keyboard.’ ‘In. “support of . their: status as “parties: of: interest” to the license ‘renewal. application of WWL-TV, . the Federation and its New Or--. leans ioral. cite the recommenda-. Federal tax. }tions. of: former FCC Chairman ‘Robérts holds: it. .d6es | not “include | ‘Newton: Minow and present. Chairman E. William. Henry for. public. participation in programming hear ings, such as the ones held in Chi-.. cago and. Omaha,.and assert that: “a. ‘petitioner. whose imterests. are direct, economic, substantial and necessarily involve the public. interest in programming, should be welcomed. and automatically. ‘treated as a ‘party of interest’in | the ‘statutory mense.” ‘Specifically,. musicians ~ ask. that WWL-TV's. i plication for li-. -cense renewal be. designated . for hearing, on these “To determine whether, in ‘the’ (Continued ‘on page 56) © Charge: aN Y. Court ‘gdwerd B. Marks Corp. filed suit in N.Y. Supreme. Court Conrt, lest. week against Audio Fidelity Rec -ords for.alleged breach of contract. The action was disclosed when ibe | defendant moved for dismissel » Jack ‘Mills, president . “of. Mills *| Music, has. not as “yet. named. a "replacement for Gardiner, : the suit and made a general denial: of all allegations. “The. songs: involved are “Glow “| Worm,” “My Gel Sal,” “Ide Sweet: | AS Apple Cider,” “Soring Beauti. ful Spring,” Janda number of ‘versions and ar © Ball Stint in W. Germany: and other copyrights rangenients of renewals. ‘The ‘complaint. charges: that AF recorded without Marks’ knowl-. edge and with no payment of royThe suit claims that in suing it,-AF agreed in writing. to pay 2c per.side and counsél fees .| under an agreement in 1957 and another agreement.in 1958. __. _AF claims .that the action is for induce plaintiff from