Variety (Aug 1932)

46 VARIETT M U S I C Tuesdfiy,. August 23, 1932 Valsie of Sync Rights Basis of Pat Flaherty Siiit Against Fox Fihns WlUlam C. Michel, treasurer of Fox l^ilni Corp.* must stand ex- IliTilnatlori before trial- Aujr. 26 In a. suit by Eclmund Joseph (Pat) Fla- herty on a contract with Red Star Music Co., the former song pub- lishing, subsidiary of Fox Films, picture company is named as co- defendant with Red Star: Behind the suit for an accounting of 10% of. the profits due Red Star (a company .Avhich Is no longer ex- istent) are many wrinkles In the fllm-music relations of picture and Bong publishing companies, partic- ularly as Involves the synchroniza- tion rights. Tliese sync rights be- come very valuable to a firm, for the thematics or fragments, no matr ter how casually used, even In the synchronization of Fox Movietone newsreels or shorts, call for. heavy flnanciar returns. As regards the details of Flaherty and Red Star, that company was or- ganized in 1929 during the height of the songwriters' gold rush when every film company toolc on ai music publishing afnilate. Flaherty was engaged by Winnie ^heehan as v.p. and general irtanager of Red Star for a year at $250 a week and 10% of the net profits. When Flahertyls "year expired, he continued for sev- eral more weeks sans contract, but tiraa later displaced by Jay Wltmark, whose Wltmark firm in the mean- time had been bought out by War- per Bros., as general mahager. Clayton P. SheeHan, in charge of foreign for Foi, along with the other Pox execs, were so enthused over the company's new music pub afflliation that Sheehan Issued or- ders to their foreign associates. In- cluding the newsreels, to use noth- ing; but Red Star music. . $168^ m Rights Flaherty details further, through Abeles 8f Green, his attorneys, that Red Star received $100,000 cash on account of a |13 5,000-a-year deal for two years, from Campbell- Connelly . for ' the British rights; |15,000 from D. Davis of Australia; another $16,000 from Editions Camp- bell-Connelly for ■ the French music territory and $3,600 from Jacques Boesens of. Copenhagen, for. these foreign rights to the Fox-Red Star inusic catalog. ; After Flaherty's contract had ex- pired, Michel,. acting for Fox, and Clayton P,.Sheehia,n, as ian office of . Red Star, entered into a contract crediting Fox Film with 5c. per Sheet of -nusic sold, 2c. per orches- tratlonl 60% of the mechanicals, and B0% of the foreign rights. This moneyr they took as an advance to Fox Films. . Another contract wa^.: made Dec. 19, 1930, amending the pact of Nov. 12, 1930, making, the $ynchronizatIoh rights retroactive, to date back more than a year*ago. To this Flaherty, and his attor- neys object, "a||_ It would _ ease Fla- herty out of a claim for the syn- chronlzatloii rights. His 10%, he estimates, may reach $50,000, follow- ing an accounting.- It is for this purpose that Flaherty wants to ex- amine Michel, as an officer of Fox, On Aug. 26, and also. examine all books, contracts, etc., as pertain to the allegedly valuable sync rights. Justice Shientag ordered that the examination be llmiteid to Michel unless further information becomes necessary, whereupon other Fox of- .flcers may be examined. Julian T. Abeles, it so"" happens, is the American agent and power-of- attorney for Campbell-Connelly, and also represents the other foreign music publls'iers, so. he's familiar with the deals they had madei with Red Star. AH these deals were di- rectly contingent upon the syn- chronization rights. Fox had so many musicals, and also so much sync music in Fox- Hearst newsreels, British Movietone, also the French and Italian' Fox movietone newsreels, .that these synco rights assumed staggering financial proportions. It places" Fox In the' position of possibly having tb pay Flaherty a percentage of the. revenues of all performing rights for music used In Fox Films from Its own subsidiary music publishing corporation. Boys Ask Consideration From Cafe Managenients Music publishers' pluggers .are pleadlngr for some consideration from the New "Tork hotels, cafes and roadhouses. One roadside inn charged a songplugger $2.25 fot a cup of coffee. He explained that, while not huhgry, he ordered the java to plug'the wait until seeing' the orchestra leader and ^ .was handed a mlQlmum check for $2. The two-bits extra was for the plug. Playland Casino. parks your car for $1, which is taken off the check, when there Is a check. Up there the pluggers don't get hit, but that |1 for parking: goes regardless. Pluggers hope that the Chicago practise of assigning a corner table to visiting profesaionals and pluggers Wiii. be put into practise around New York, as a managerial courtesy to those calling oh their jperformers, band leaders, et al. New Tork managers, however, fake the position thai such open sesame would not only clutter up the roohi, but that it allegedly is detrimental to the establishment in thiat tiie clannlshhess of show busi- ness Is such that the talent would be sitting around at that co.rner table too much with those who speak their language. The manage- ments think that a band leader, in spare- moments, should not be averse to shaking hands with'some of his cash customers, aside from the ^song >pluggerB..: . . Irving Aaronson Sues to Collect $5,000 on Note lios Angeies, Aug. 22. Superior court suit filed by Irv- ing Aaronson to collect a $6,000 note given him in July, 1930, by the Hotel Holding Company of Hollywood, operating the Roosevelt at that time. Note was in lieu of salary to the bandleader. Was signed by Joseph M. Schenck as president, and Lou Anger, secret tary of company. SEARCH FOR LEADER Wife Asks Police to Look for Rod Allen—Missing Since Aug. 1.5' ■'T Albany, Aug. 22. Rod Allen, leader of the orchestra at the Ten Eyck hotel, here, dis- appeared on Aiig. 15 it became known todc.y (Monday), when his wife asked poll'-'e to search for him. Aileh's band has Tseeri'pluiylrig ai the hotel since Memorial Diay and Is stil! playing despite the leader's absence. 'Music TrusV FEMME DBUMMER BECOVEBS Ithaca, N. T., Aug. 22. Informed by specialists four years ago that she would never be able to follow her career as a musician .again, due to injuries received In an airplane crash, Mrs. John A. Noble has confounded the medlcoes by making a complete recovery. She broadcast with an orchestra from wis Al here last week. Mrs. Noble was trap drummer In the Strand orchestra, Syracuse, at the time of the accident. During the last three yeiars she has under ^one a series of operations, includ- ing bone grafting. Her husband Is an orchestra leader here. IHI 'mew DEAR GKORGG OI.SEM: That Gordon and Revel nonic. 'Listen to the German Band' whtali yon recently Introducoil, Is .Klzzllnic like a bottle ot home brew nnd we'll hnve to poll the cork.' CHARLES MILLER • . MII.I.RR MUSIC, INC. «te WcHt 4Stli ,^treet, Kew York Abe Bloom East San Francisco, Aug. 22. Abe Bloom leaves for N^w York this week to represent the niuslc publishing firm Of Sherman, Clay & Co. . He .was let out as Coast rep for Berlin two weeks ago, with Ben Turner .succeeding. (Continued frdm page 45) plaints, grumblings aiid rumblings heard in Tin Pan Alley for nipnth^. These dissatisfactions are aimed at Improper-classification, at the 'per- petual board' which, upon the. de- mise of a meihber, provides for the remainder of; the board of directors io elect somebody to fill the de- parted member's place, at many and sundry detalla having to . do with violation of the society's constitu- tion. Everything along these lines is predicated on " bobbins' complaint that the firm wasn't given a square deal from within the society. Thus it sets fo. th thait, despite being a Clads A publlsI)er, R6bblns'. standing was prejudiced through having no memr bershlp-vote on the governing board, although every other major firm Is represented. While this suit is.based on a claim for reclassification into A, Robbins had been demoted from A ito Class' r> for only the la^t quarter of 1931 end the first quarter of 1932. After, that, the society, re-elevated Robbins back into A and, as an A publisher, Robbins received Class A dividend money for the second quarter of this year. However, Robbins had been refused A money for the two Quarters mentionedr hence the suit. 'A' Share Is ^000 In line with this squabble over A and D money, the preferred chebk for the quarter ending Dec. 31, 1931, as a D firm vaa $1,961.96. This, Robbins promptly returned with a written protest and demand for A money. This totals around $8,000 pfer quarter, or $32,000 a year, com- pared to only $8,000 per year to D firms. It's a difference of 76%. Robbins avers that through other publisher-members being on the beard, and he having .no judicial voice in the administration of the affairs of the society,. they have die- clded on matters prejudicial to the financial and other welfare of Rob- bin^ and to the benefits of his com- petitors. Robbins further alleges violation of the articles of Incorporation through firms having more than one vote on the board. This is contrary to regulations, biit wit^ the' various publishers having subsidiary and other affiliations, the board is al- leged to be a group of cliques. Robbins' complaint, in laborious legal phraseology, alleges generally and broadly what the trade has long recognized. As for example. War ners' control of Harms, Witmarks and Remick's explains a multiplicity of board representation. DeSylva, Brown & Henderson, Inc., while now .100% turned back to Robert Craw ford, its president, is further re garded as friendly to Max Dreyfus' Hiarms company because of both music men's close personal relation ships. Irving Berlin, Inc., and Santly Bros, affiliation Is trade knowledge The 50-50 split of Famous Music Cp. between Paramount and Harms (a Warner affiliate) is another. And there are other minor groups with Harms having a half dozen Ihdl vidual ccmpanles to service its star composers. It . Is said that this major .grouPi with their Warner Bros, and Para mount affiliations (along with Rob- bins-Metro), is in position to domi- nate the society or possibly split tiway from thait organlza.tlon and form their own performing rights* collecting agency. However, this Is contractually impossible for two and a half years more as a five-year contraci from Jan. 1, 1931, bind? all members until Dec. 31, 1935. Two Agam9t the WprW ; (Continued from page 19) a father protecting the family's Mayflower name, and the opposing attorney who is obviously a future member of the family despite the story makingf him prosecute' the murder trial In which Miss Bennett becomes involved. ' There is also a giddy and blue-blood worshiping aunt, for comedy, and the sister's lover, through whose death, at the hands 6; the brother, the court rumpus comes about. This not overly animated star has her troubles evoking sympathy for hej Dell Hamilton even .with the al' of three conceded putts from the scenario. These have . her stake a destitute mothei- who is suing the estate, has her assume the guilt of the wayward sister in the eyes of the. brother, and being willing to forsake her fa.lr nanie on the wit- ness .stand. Sh» makes of it a leth- argic; performance. Cast, doesn't give it much as a whole with the story a .paper weight before they got It for interpreta- tion. In directing. Moiyo at leasi has kertt it inside 70 minutest As In 'What Price, Hollywood' (Radio), Neil Hamilton is again op- posite Miss Bennett and Is most pleasant on the comedy exchanges. Gavin Gordon Is also repeating a characterization In playing the social spider, and doing it well enough, although Allen Vincent is more ungehulne than necessary as the ever drinking kid brother. Re- maining players fit with what little they are given to handle. Dialog holds nothing unusual and such .sidelights as are included are mostly foUowups on nieces of busi- ness previously conceived; witness the traffic jam over Miss Bennett's car. Mayo was evidently, hard put to It to Introduce the story and set' bis characters. Hence, the picture doesn't take on what degree of in- terest It attains until well into the running. Bringing Miss Bennett up against a lunch counter, as. a lark, fof a portion of beans with the struggling and unknown barrister, the beans being twice more re- peated, is har<My npvel. " In fact, audiences are apt to anticipate the action all alorc the line. Louise Carter, as the Polish mother, Is responsible for a flash of fire In- a. scene in Norton's office prefacing Miss Bennett's gesture of generosity. But following the gra- tyZiy Mf yo has let her go maudlin t6 take tlie edge off a fine-piece of work. ' Mi^s Bennett's rep among the femme fans, and their interest in her clothes, will -have to see this picture through. And under the cir- cumstances that doesn't' seem enough for more tha.n mild grossed. Sid. New 'Follcs Bergcrc' musical by Abner Silver, Harry Carroll, Mil ton Di-^ckman and Walter Kent will be published by Shapiro-Bern stein.. HOLD 'EM JAIL RKO production nnd . releiase co-etarrlns Bert Wheeler and Robert Wooleey. Di- rected by Norman Taurog from a:. - story by Tim Wheelan and Lou Llpton. Screen play by S. J. Perlman, -Walter De I.edri and Mark. Sandwich. Carroll. Clark, art director. Al Ray,. continuity: Len Smith, camera! Artie Roberts, editor. Max Steliier. musical director.. At Mayfair theatre, New York, commencing May 19. Running time, 03 mine. - ; Curly Bert Wheeler Spider... V. V........... k... Robert Woolsey Violet .....Edna May Oliver Slippery Sam Roacoe Ates Warden.. ....Edgar Kennedy Barbara ^.... Betty Orable Coach ....Paul Hurst Steel....'. .Warren Hymer Joy Spots- New Lease On Life with Shekels Taken During Game$ Lios Angeles, Au£r: 22, Fortnight of Olympic games proved mortgage lifter to Los An* geles cafes'and night spots that have' been 'Wallowing in doldrums for 'past several months. Visitors and locals stepped out , and spent freely. " Top spot was Cocoanut Grove at the Ambassador which got close to $90,000 on two weeks, Addltionai $16,000 was added by catering for special Olympic events. Grove cut: about 1,300' checks nightly: Culver City's Frolics Club wui runner-up. Spot has been having tough sledding tot two months. Past two -weeks saw close to $28,000' confie in that permitted paying off of some $8,000 in bills. Blltmore and Sebastian's Cotton Club did es< timated $14,000. It's first break the Blltmore's, new night club has Had since opening. Roosevelt's Blossom Room, run- ning in the red since first of year, did $10,000 on two weeks, Starkea* Bohemian Club averaged $3,000 weekly during games. Other and smaller spots did fair business and gathered enough to keep doors, open for several weeks to come. However, they are not op- timistic about the future, figuring the locals have shot their wad en<«- tertaining out-of-towners. Hotel Thone Girl Clicks, Now She's Blues Singer Holly wood, Aug. 22. Margo Johnson, telephone opera- tor a.t the Ambassador hotel, has laid away her head piece, and Is be- ing featured In hotel's Cocoaiiut Grove as a blues singer. Girl was discovered by Lester Frank, who persuaded his father. Abe Frank, to give her a trial. A five-year contract with optlonis fol- lowed. Gerun's Coast Return San Francisco, Aug. 22. Tom Gerun reopens Sept. 7 with his band at the Bal .Tabarln cafe, which he owns in conjunction with Frank ^alrtlhelll. Gerun; away for past six months. Is currently at the Hotel New Yorker, New. York. Carol Lofner's orchestra not set after their Bal Tabarin closing.. USHER AT BEACH Chicago.: Aug. 22. Edgewater Beach hotel drops Charlie Aghew's orchestra Sept. 15, with Lew Diamond going in for one month and ^ark Fisher following for the inalh season starting Oct. 15; Diamond has been the Monday hlght substitute at the Edgewater for sortie time under the local union rule. Made some time ago, but held' back until the appr6ach of a new football season, "Wheeler and "Wool- sey. go through their usual non- sensicalities with a rather doubtful score. It is one of those pictures which is either a negative hit .or a big grosser, according to the recep- tion of these stars by the patrons. "Where they are liked, It will be a howl. In other spots the laughs will be scattering and the results dubi- ous. . Story Is Intended as a satire on college football methods of building up the team, and tells of-the efforts of the coach of BIdemore peniten- tiary to turn out a .winning eleven. There is not enough stuff In the gaihe to fill the time, so the first half, of the story is given over to the usual Wheeler and Woolsey an- tics, both in ind' out pt the hoose- gow. One handicap is' that the story , is well started before they come on the scene and they have trouble getting, the audience laugh- ing. Forepart Is devoted to an over-elaborate establishment of the premise with the wardeij and the coach looking for players. An op*- ppsing prison has threatened to cancel next season's date and play a boy's reform school unless Bide- more makes a better showing than last time. The comedians are salesmen for night .club novelties who are Jobbed by a man who persuades thenn to pretend to hold up the. club with toy pistols and then substitutes real guns. That gets them In Jail, .and there the comedy is laboredly built up. with Edna May Oliver and Betty Grable as the other end of a roman tic interest with Miss Oliver re- quired to, overact and losing many of her points. In spite of the elaborate story preparation at the start, the comedy is merely gagged together, with the final break coming when Woolsey gets hold of a bottle of chloroform GERMAN DISC CO. IN RED Berlin, Aug. 12. Polyphon,- the only large German record concern, showed a net loss for 1931 of 'more, than $1,000,000. Considerable write offs had to be taken on inventory and 'investments. The share capital has now been reduced to approximately $2,576,000i Drink, Lose Home (Continued from page ,1) to light when a prospective buyer of property had the deed examined with the' clause discover od. "The sale was held up. Efforts are being made to have a holder of one of the 'deeds' bring a test case in the state courts to determine whether or not the for- feiture clause Is legal. The- are afraid that should prohibiticn be rescinded they would not be per- mitted their rights of habit discre- tion ai3 American citizens. Samuel G. Blythe, Lincoln Stef- fens, . Harry Leon Wilson, Frank Sheridan, all of whom would like to be hospitable to their friends, await results of the proposed litiga- tion. from the first aid kit and knocks out the members of both teams. All kneel over with one whiff in approved picture fashion. That's the Index to the style of comedy. Some of the dialog is good, and some very trite, but the general ef- fect is slow and some of trie better gags are lost through not being put over smartly. The picture will probably raise its best scores In the lesser spots, where the audience Is more easily amused, but It is likely to hit almost anywhere. Should do very well in college towns and in other places where interest in football runs high. The production has been expen- sively staged, but the photoprapliy and sound are not good. The di- rection centers too much on the petting o£ the laughs and overlooUH the necessity for knitting tUcio i together.