Variety (Jan 1933)

Tuesday, January 31, 1933 M ■ S I C VARIETY 55 'I%hf uub and Tabloid' Tone Poems Highlight Whiteman Concert Society's Silly Pout The general uncertainty on both sides of the music vs. radio struggle, as to what Is the saturation point, has created much needless 111 will. As a result the more powerful radio interests are giving the music copy- right owners a far more vigorous tossing around than anything pre- viously encountered by the American Society of Composers, Authors and Publishers. Even in the formative period, when the vigorous pioneering and at- tendant test suits against the hotel and restaurant men first establlshed_ legal precedents, nothing as formidable as the broadcasting interests' crossed the music men's path. Having bested the hotel men, dancehall and cabaret proprietors, and ultimately the picture theatres who, lilcewlse, lobbied the ASCAP but couldn't effect any counter-legislation In their favor, the society, through present-day mismanagement and general tactical bungling, seems to have led itself into a pack of needless trouble. Urged long ago by the foreslghted in the Industry to engage expert public relations' counsel to offset the National Association of Broad- casters* and other opponents' too efficient propaganda, the music men confessed their own weakness by stating they knew of nobody else other than E. C. Mills, as their $50,000-a-year general manager. He resumed as their mouthpiece. Mills may have Impressed the people of tin pan alley, but it's something else again when the tin pin alley's spokesman crosses foils with the skilled propagandists of anotl-er industry. Some Smarter Unlike any of Tin Pan Alley's former antagonists, the broadcasters do not deny the authors and composers their rights. It's Just to what degree they would extend these rights. The broadcasters take the wind out of the ASCAP's sails by expressing amenability to a reasonably modest figure, but when the ASCAP—and rightly so—wajits ample compensa- tion from the radio which has literally annihilated the music publishing business, the broadcasters tactfully switch their defense into rebuke- ment. The legislators are bombarded with statements by the NAB that the ASCAP would deprive the homefolks, the shut-ins and the invalids of the fund of musical entertainment made possible—gratis—by that marvel of the 20th century, the radio. Legislators, by the same token of equity which first gave the ASCAP Its greatest arm of protection—the copyright statute—can't help but recognize the eternal struggle between any rival interests'—the desire to dodge financial obligations, whenever possible. The fundamental protec- tion of artistic creation, even If only popular song.i, is indisputable. Can't Call Names But where the ASCAP's spokesmen seem to err Is In being thin- skinned. If Osward F. Schuette, the NAB's oracle, from his 'Washington headquarters, calls the ASCAP 'racketeers' or kindred terms, the wisdom of the ASCAP's fathers should prevail. "What uvalle It if Mills suddenly pouts and se.nds out letter proffering cancellations of contracts? Schu- ette's ignorance, more or less, with the practical wi inkles of tin pan alley is beside the point when he evidences the result of having thus drawn fire from the society. His. seeming blundering may not be as stupid as some of the things he has done suggests. Although, Judging by his bulls with the Milton "Well songs, Schuette has much to learn as to what it's all about. At to Mr. Baker Newton D. Baker's appointment as the broadcasters' 'czar* could al- most be optimistically taken up by: the society, for they would now be treating with a diplomat and not a professional trust-buster such as Schuette. Schuette enjoyed some vicarious renown in connection with his acting for a radio manufacturing body against the patents pool in the early days of set producing. Baker's influence and standing as a former cabinet menriber may well react to the dignity, of the broadcasters' interests, but not ^v^n a former secretary of war can go against the principles and tenets of the copy- right law. The broadcasters' concession of the important relations of music to the ether—srme 86-90% of all radio programs Include music— is materially evidenced by their own grave concern over the music-radio situation. The society not only could cripple but virtually annihilate a |100,000,000 business If, on the morrow, it withdrew its public performance privileges of music for the air. The society would also exterminate Itstilf at the same time, of course, but this is evidence enough how crucial and how necessary is the society's income fi;om the radio interests. If the air Is to maintain its plenitude of new song material and enjoy the wealth of the world's fund of favorite music, It^ must pay. the creators thereof. And it must pay at a percentage ratio hearer the music men's demands, because of existing trade conditions, whether the broadcasters deem it equitable or not. But Mills and the society also must learn how to treat with Big Business such as Is personified by the NAB. Just because a professional propagandist for the broadcasters says boo at them is no cause to pout and further aggravate an already agitated relationship. The society is wise in exempting any music levies on political programs but is decided- ly Justified In a percentage demand on all commercial programs whose most vital appeal is predicated on the use of music. The broadcasters know that full well, as Is evidenced by the necessity of enlisting the Mr. Baker as the front man. The best that can result for the radio men Is the minimization of the music tariff. By ABEL GREEN For his 'fifth experiment in mod- ern American music,' Paul White- man again proves his worth in the interpretation of the contempo- raneous American sympho - Jazz- idiom. It's of a quality that's be- coming more and more standard and less 'experimental.' Further- more, It is possessed of a worth which, were Whiteman not in the economic position to personally un- derwrite matters, would merit en- dowment to the utmost. As it is, considering that this is still show business and that White- man is essentially a showman, his ventures into Carnegie Hall every so often undoubtedly must be paid In no small measure with some radio commercial sponsor's revenue which the Jazz maestro so gen- erously puts right back into his ex- periments in modern American mu- sic. As usual, his last Wednesday night's (Jan. 26) recital at Carnegie drew capacity, with plenty of ermine from the regular Camegle- Met patronage rubbing elbows with the songwriters and songpluggcrs from Broadway. Both factions were equally enthusiastic, if using dif- ferent means of expression. John W. Green's 'Night Club' (six Impressions for orchestra with three pianos, at one of which the 24-year-old Harvard alumnus pre- sides) was the piece-de-reslstance of the first half. And, as it de- veloped, it somewhat eclipsed Ferde Grofe's long heralded suite. 'Tab- loid.' Again proving^ in another way, why newspapermen prefer to hang around nite clubs rather than their own city rooms where only, as Grofe sub-divides his Tabloid,' there can be th^ 'Run of the News,' 'Sob Sister,' 'Comic •Strip' and 'Going to Press' to in- trigue them. Green's Suite Johnny Green's orchestra oppor- tunities were much more pregnant with color. His six impr^sions, chronologically programed as start- ing at 7 p.m., with 'Linen and Sil- ver' passively enough interprets the setting of the scene for the East 60'8 boite de nulte when, at 9.30 p.m. the 'Ladles and Gentlemen' ar- rive. At 10 p.m. ('Table for Two') the romantic theme, as established, leads into the hectic 11.30 p.m. ('Dance On A Dime') when the Jazz motif rum wild and the room is getting hot. At 12 m. 'Tango At Midnight') brings forth the m.c. to introduce the famous ballroom ex- hibitionists, as an accordion and other instrumentation associated with the Argentine tango come to the fore In the orchestration. The finale, 2 a.m. ('Corks and Bubbles') is a fittingly rhythmic top-off to this highly colorful and popularly appealing Impressions of 'Night Club.' Besides the youthful Johnny Green, who used to hang around Billy Pierce's studio and tickle the ivories as the Broadway Ingenues came in for some hoofology instruc- tion, Roy Bargy and Ramona (Davles) man-and-womaned . the other two pianofortes. Green did his own orchestration, and Just for the record—the intornationally pop- ular 'Body And Soul' started him off on his songwritlng career. Climaxing the second half, and the evening, came Grofe's 'Tabloid.' also self-orchcstrated, whose four pictures of a modern new.spaper are program-explained by city editor (Iporge Clark of the N. Y. 'Daily Mirror" so that even the 'Times' cir- culation could understand it. Grofe, who was performed e.irller in the evening by a request excerpt I'rom his 'Grand Cr^nyon' suite, In- troduced typewriters and revolvers a ! part of the orchestration. Some oC the caustic critics on tlie dailies mentioned machine guns also but Willie the pistol reports in the staid oonflnes at Carnogle ITall startleJ many a patron there was no gat- linK gun stuff otlier than the three or four shots in 'Going to Press' as part of the motivation of the news broalcing Into printer's Ink. I'erliaps if Grofe had labeled it 'Newspaper' Instead of 'Tabloid', he nilpht have been met with a little kindlier treatment from the stand- ard metropolitan sheets, but that's The Mass Idea An idea of radio's undoing for pop song sales purposes is recounted by one manager of an Important sheet music counter. If a hit is suggested, the us- ual reply in, 'Oh, that's two or three weeks old; we hear it on the radio often.' That two or three weeks' longevity of a popular song hit is one of the answers to the depresh In the music biz. Sheet music is sold these days either on direct call, be- cause some song appeals to the purchaser who asks for that, and that alone; and, sec- ondly, on a little sales talk that this is a brand new song. Just being popularized. That latter is a new sales approach—the idea of selling against the over-familiarization of a tune. only casual commentary, for Grofe's 'four pictures of a modern news- paper' had their moments, some very brilliant. Perhaps 'Sob Sister* was a bit lachrymose and mebbe 'Comic Strip' reminded of Mickey Mouse doing his Dlsneyish antics, but there's no gainsaying the general vigor of his lurid novelty orches- tration which sought to match the ribald tempo of a tabloid's concep- tion of the news. Braine's Concerto Just preceding, Richard Rodgers* 'Lover* waltz (Carroll Huxley ar- rangement) was. a proper popular touch to follow Robert Braine's 'Concerto In Jazz,' also a self-Or- chestrated composition, with Josef Stopak's violin solo featured. While not outstanding it held some dis- tinction in its general undertaking. Opening the second stanza, Roy Bargy's rhythmpatlon' of Liszt's 'Llebestraum' was competent sym- pho-Jazz, but nothing new. First half likewise held expert pop orchestration but nothing particu- larly brilliant. Bargy again with the popular 'Peanut "Vendor,' by Molses Siiucns, and Victor Young's ' .-Mios- tral version of 'Valencia' (Jose Padllla) were passively fetching but nothing unusual. The colored William Grant Still's 'Africa' (only the third movement from his suite), scored by Still, likewise didn't impress particularly, 'On the Trail,' one of the five pic- tures from Grofe's 'Grand Canyon' which had been previously per- formed in full completed the first portion. With the exception of Green's own program notes for his 'Night Club' and Clark's addenda on behalf of 'Tabloid,' Ford Bond supplied the explanatory program data. NBC Artists Service (George Engles) management. The consistency of Whlteman's capacity draws is best proof of the 'general Interest in his quality 'ex- periments' which seem assured of the same public appeal with each succeeding program. INFRINGEMENT CLAIM Wirges Says 'River Home' Smacks of l-lis Orchestration Bill Wirges through the publisher of the composition, Luz Brothers, has notified Irving Berlin, Inc.. that the latter's song release, 'My River Home," is an infringement on an elaborate instrumental piece he wrote and put on the market in 1931. Orchestration gave as the title of the number involved 'Fascl- natin' Manikin,' which he claims received frequent plugs over the air. Berlin tune was released several months ago. Eernice Petkere wrote the music of 'My River Home* and Joe Young the lyrics. Wlrges claims that thr particular strain out of his instru- mentation, which he alleges to havi boon infringed upon, has had lyric- written for it, with the Intention of releasing it soon as a pop number. Holman Over KI-IJ Los Angeles, Jan. 31. Bob Holman's orcliestra, at the Cafe de Paris, goes KHJ twice a day on remotes. Combo is spotted for one half hour at lunch time and a similar period before midnight. WHO LIGHTED THE LAMP? Hillbilly Song Embroils Shapiro- Bernstein and Jenkins Cos. Shapiro, Bernstein and the Jenk- ins Music Co., of Kansas, ai*e tangled over the publication of the hillbilly tune, 'When It's Lamp Llgbtin' Time In the Valley.' Within the past three weeks both firms have put out a sheet with th9 same title, Shapiro claiming priority of copy- right and demanding that Jenkins desist from further distribution of the song. Although it has had the number registered with the Music Publish- ers' Protective Association since 1929, S-B did not place it on the market until after the Jenkins ver- sion came out. Jenkins contends that by giving its 'Lamp Lightin' Time' ditty consistent plugging over southern stations it created a de- mand for the composition. ASCAP STARTS DRIVE TO CUT EXPENSES Movement to cut down the over- head of the American Society of Composers, Authors and Publishers has been started by the board of directors. First gesture is the ap- pointment of a committee to study the situation and devise means of reducing the cost of collecting the Society's tees. Committee is scheduled to hold its first hearing this week. Among the economy suggestions already made by board members is that E. C. Mills, the Society's business man- ager, be asked to take a cut on the $60,000 a year salary he is- now re- ceiving. Society's preliminary financial re- port for 1932 shows that it took in around. |1|900,000. and of this sum cleared less than $1,300,000 for dis- tribution among publisher and writer members. On the basis of theso two figures the board found that the Society expends 32c for every dollars it takes In. In discussing the overhead re- duction board members have ex- pressed the opinion that under con- ditions the cost of collection should be reduced to at least 16%. Appellate Dir. Reaffirms Umofl's Verdict on Rnbens Maurle Rubens, former general musical director for the Shuberts, stands expelled from the American Federation of Musicians until he pays a $6,000 fine Imposed upon blm by the executive bocu'd. Union's ac- tion was again upheld by the Appel- late Division when the court last week denied Rubens permission to carry the case to the New York Court of Appeals. Appellate Division had originally ruled In the federation's favor. After the New York local had dis- missed the complaint, Rubens was brought up by the international on a charge of accepting fees for ob- taining musicians Jobs In Shubert pit orchestras. In resorting to the court for relief from the union's fine and consequent explusion, Ru- bens declared he had been framed by a couple of musicians. Can. Bandmen Ask Some Ruling on Natl Anthems Toronto, Jan. 30. Because it Is impossible, through the numerous arrangements, to con- duct a massed bands rendition of 'O Canada' and 'The Maple Leaf,' the Canadian Bandmasters' Association will ask the government to give a definite ruling on the tempo and expression of these national an- thems. Outcome Is the result of a mid-wlnter meeting here, which precedes the Dominion-wide con- vention in June. No authorized arrangements exist for the anthems, and bandmasters set their own. "When massed band.s start on them, so does the trouble. Chandler Joins Miller Billy Chandler is now prof man- ager of Miller Music. Chandler was last with Robblns.. riverett Miller will assist Weber Planning Coast Confab with New Execs Los Angeles, Jan. 30. With the new regime of Local 47 now in control and many prob- lems regarding studio music coming up, Joseph N. Weber, president of the American Federation of Musi- cians, arrives here Feb. 4 to confer with the local .Jinlon execs. Theatre situation, which has been very bad, and restrictions and tax on members playing studio record- ing engagements will occupy Web- er*s attention while here. Since the last election of officers, J. W. Gillette, retiring president, has been appointed personal studio rep- resentitlve for Weber. Lyman Stays on B'way Milton Adler and J. Arthur Adlcr, attorneys, Charlie Sherman, Nicky Blair and N. T. Granlund (NTO) h.ivc a piece of the new Paradi.so restaurant. A1)0 Lyman and his band remain until summer, when some otlior combo may come in. The Katz re- port of his succeeding Lyman cropped up through negotiations for next summer. ENG.-U.S. COLDMBU DISC COS. JELL AGAIN Resumption of the old working arrangement between Columbia Graphaphone of England' and the domestic Columbia Phonograph Co. Is cemented with the arrival In New York of Raymond Langley, record- ing manager of the British concern. Langley, on an Indefinite stay, will book talent and make use of the company's Manhattan labs for the recording of disks for British dis- tribution. Alliance between these two re- cording organizations was broken off when the British end merged with RCA-Vlrtor in Englnnd some years ago. Jimmy Campbell, of Campbell-Connelly, Enirll.sh music firm, came on several weeks In ad- vance of Langley and turned out several m.Tsters of American per- formers for shipment to the Co- lumljia fJraphaphone Co. Musicians Take Inn Albany, Jnn. 30. Freddy KnRcl, ork leader, and his fe.'itured trumpeter, Chuck Miller, have i.ik'-n over the Ambassador Inn, on tlie Albany-Troy ronrl.