Variety (Sep 1933)

Tuesday, Septemter 5, 1933 M u s rc VARIETY 65 Rocco Vocco, After 20 Years With Feist s, Joins Crawford as Partner pocoo Vocco and Bobby CrawforG are music partners. That takes in fljeo Crawford's other ventures, such as the legit production flyers and others In which he engages. Vocco joins DeSylva, Brown & Hender- son, of which Crawford la presi- dent, this week' with the title of Y.p. and general manager. He acquires a 25% Interest in the firm. Vocco, general professional man- Hger of Feist's, and 20 years with that firm, having been brought to 'New York from Chicago'where he had been headquartered for many years, holds a most unique position 111 tin pan alley as a song explolteer, song picker and hit maker. His joining Crawford establishes an east-west hookup which Crawford long wanted as It makes possible his remaining In Hollywood with- Vocco running the DeS., B. & H. business from New York. With Mack Gordon and Harry Jlevel under contract, Crawford has placed them extensively In picture flongwrltlng. They are now at the Paramount studio and commuting also between the United Artists' lot where they completed the ditties for 'Broadway Through a Keyhole' production. The songwritlng team has. had. Its original contract at the Par studio extended for another year. Crawford flew in from Hollywood last week and returns to the coast the end of this month to supervise DeSylva's music interests In film songs. Surprise Vocco's disassqclatlon from Feist's Is Tin Pan Alley's biggest news in view of Vocco being a stockholder of the firm and with it so many years. When Phil Kornhefser left ,the firm after Mr. Feist's death two jrears ago, Vocco was brought to Vevr York to head the professional ■department. It was Vocco who put Crawford vlnto the music business ih 1916 when the ex-Jockey was doing an 'act around Chicago with Mrs. (Dolly) Vocco. DeSylva staff remains as is, Frankle Marvin continuing over the New York professional department and Joey Stool In Chicago. Another team of songwriters, the reunited Con Conrad, Archie Gottler and Sidney Mitchell, are also under the DeSylva aegis, having done a JToseph I. Schnitzer (RKO) film. COAST BANDS YEH, YEH, WITH WORK PLENTIFUL Hollywood, Sept, 4. Recording of background and on- the-set music, calling for large or- chestras. Is at a peak here. All studios are using plenty of men be- cause of the piling up of recently completed pictures and the finale of the strike. Latter held up plenty of music recording because studios were afraid of taking chances with un- even and unbalanced sound In get- ting notes on film. Call on English Music Through Columbia Pictures talc- ing over the distribution of the British International picture, 'The Song You Gave Me,' Berlin, Inc., has first call on tho publication lights to the screen musical, which songs were composed by Noel Gav and CllfiEord Grey. Berlin's and Columbia have a hookup through Max Wlnslow of the music firm also being with the Columbia studios on the Coast, Campbell, Connelly published originally In London, idnk Co-Fartner Az Iz Harry Link remains with Keit- Engel as professional manager and a minority co-partner. Link was reported going Into the music pub business on his own, variously, with Rocco Vocco .and others. DIB.^S 11NUMBEES Hollywood, Sept. 4. Victor Schertzlnger has written 11 numbers for ILiOV© Time', which he will direct at Universal. Filming starts Sept 16. VOCCO'S SUCCESSOR Kornheiser Among Those Mentioned —Vocco Succeeded Him in New York Rocco Vocco's disassociation from Lo Feist, Inc., as general profes- sional manager may bring back Phil Kornheiser to the firm. If not, Solly Cohen, loiig Kornheiser's and later Vocco's assistant when Korn- heiser left ~ Feist's, or Abel Baer, songwriter - professional manager, may get the post of heading the Feist uptown professional staff. Vocco was 20 years with Feist's. As detailed in another story he has joined DeSylvia, Brown & Hender- son as v.p. and general manager. Kohnhelser, after an equally long association with Feist's, left the firm a couple of years ago, shortly after Mr. Feist's death, Kornheiser until last week was general man- ager of Miller Music, but both he and Billy Chandler, professional manager, are out. Charlie Miller, his son, and Chuck Rinker, Mildred Bailey's kid brother, and new to the music business, comprise the present Miller Music staff. TRAVELING BANDS NEED NOT PAY UNIONS 10^ Bandmen playing a traveling date will not have to give up 10% of their wages to the international and local unions. Executive board of the American Federation of Musicians has decided that present conditions make the adoption of this regulation Inadvisable. At the last convention of the in- ternational it was. voted that the rule requiring traveling musicians to collect 30% above local scale be left as Is and also that. 10% of their entire wage be split between t*e In- ternational body and the local or- ganization. Later the gathering agreed to turn the 10% angle over to the International executive board for final disposition. Chi Bands Moving Chicago, Sept. 4. Band leaders start shifting with the start of the new season, the first being the move of the Ted Weems outfit out of the suburban Lincoln Tavern to the Trianon dancehaU, Weems will hold that spot, vacated by Jan Garber, who goes Into the Blackhawk cafe In the Loop Sept. 16. Hal Kemp moves out of the Blackhawk on that date for six to eight weeks of one-niters. ^ Wayne King leaves early this month tox three weeks' vacation from the north side Aragon ball- room, and win be replaced for that period by Bernle Cummins, who, when King returns, will move down to the south side Trianon, displacing Ted Weems' band. Benny Meroff renewed for six more weeks at the Morrison hotel's Terrace Garden. George Devron last week replaced Clyde McCoy at the Drake, McCoy going out on the road for six weeks. Carlos Molino will likely go Into the tJrban Room with an expanded outfit when Vincent Lopez clears out of the Congress hotel to reopen at the Opera Club as his own spot. Heavyweight Eater Al Dubln of-Dubin and War- len, songwritlng team. Is not only the champ gourmand of Tin Pan Alley, but one of the world's champ eaters. A big man, almost 300 pounds, he is the chefs delight in any place he eats. Built the way he Is, it is an anachronism that Dubin fashions such airy lyric ideas as *Tlp Toe Thru the Tulips,' The Shadow Waltz,' etc. Jack IDs NRA Slant Via SmaD Music Goods Believing that the. time's ripe for stepping out into the small goods field, Jack Mills has started to' re- vive the book end' of the Mills Music, Inc., catalog. Dusting off procedure will for the most part be devoted to collections of piano, sax and banjo solos. Mills is bringing Mort Beck into the firm with the title of sales mgr. to concern himself from the start with this phase of the business. It Is Mills' present plan for Beck to make a cross-country tour calling on the dealer trade and garnering Its reactions to the revival idea. With business in general on the upbeat Mills figtires that they'll soon resume taking lessons on the piano, sax, banjo, etc., and that the dealers can be Induced from this viewpoint to restock their shelves with the small goods Involved. As part of his deal with' Beck Mills will take over the catalog of the Mort Beck Music Co. MACDONALD TO TAHITI WITH A U. FHJH OUTFIT Ballard MacDonald Is arranging to settle down.on the Island of Ta hlti. Accompanied by his wife and small son, the lyric writer will leave New York Oct. 12 in time to catch the monthly boat to the South Seas from San Francisco. MacDonald Is taking along with him a motion picture outfit given by Universal with the understand Ing that if the writer does any film Ing of native life and background the producing company will have first call on it. MacDonald spent 28 days in Ta hlti about two years ago. As per manent class A writer MacDonald draws $3,000 a year from the Amer lean Society of Composers, Authors and Publishers, which Income will pretty well provide for the financial end of his island residence. Hayton Flies to Coast Lennle Hayton closed with Jean Sargent at the Capitol, New York, Thursday night and took a plane the next morning for Hollywood. He's to orchestrate and conduct the current Marlon Davles-Blng Crosby film, "Going Hollywood' Hayton's orchestra and Crosby haye been paired on commercial radio broadcasts, hence Metro's deal to Import the radio maestro for the film. 4% Tax From Radio Starts Music Men Looking for Brighter Business Year—Piano Stimulus With Sept. 1 the 4% radio tax commences on the second of the three-year agreement the ASCAP has with the radio broadcasters, calling for a percentage of the gross commercial revenue. It ratiges froni 3% to e%, effective for 1934-1935. Music men are optimistic of an uptrend because of several elements. Improveriifeflt In picture house pat- ronage It Is believed will put more music and live entei'talnment Into presentation theatres and result In accrued Income on the lOc-per-scat- per-year tax from theatres to the Society. An Increase in these rates Is also proposed. A stimulus to music of all sorts Ifl likewise expected from the tie-In made with the U. S. Chamber of Music, calling for a propaganda campaign by the piano manufactur ers for the mutual promotion of In terest In pianos and music. It's been no secret that with the mechanical Izatlon of music purveying, via ra dlo, phonographs, etc, child Interest in piano lessons and such has great ly diminished. It Is expected that the third quar terly dividend of the ASCAP, usual- ly the poorest because It's for the summer period of collections, will be on a par with the second quarter's Income. This in itself Is seen as a pollyanna factor. Revised Popular Music Pubs Code Faces Renewed Opposish From Jobbers, Bandmen, Et AL Jobbers as represented by the Na- tional Music Wholesalers' Associa- tion are drawing up their battle lines for a stilt attack on the music Industry's code when that document comes up for a hearing In Wash- ington. The music code was form- ally filed with the NRA Friday (1) and the following day Irvin Adel- man, counsel for the NWMA, noti- fied Sol Rosenblatt, deputy NRA administrator, that his association would not only submit objections to the constitution on file but a sepa- rate code governing the wholesale phase of the industry. Included In the protest addressed to Rosenblatt, declared Adelman Saturday (2), will be charges of broken faith. Adelman said he will accuse John G. Paine, chairman of the music code committee, of vio- lating his promise not to include in the document anything that would react to the disfavor of the whole- salers. The MDS Angle At a meeting with Paine and E. F. Bitner, another member of the code committee, last Thursday, avers Adelman, he had been given the impression that the Industry's covenant would remain neutral on the question of jobbers versus the publishers' own distributing com bine, meaning the Music Dealers' Service, Inc. But overnight Paine and his committee associates, charges the NMWA's lawyer, re- versed themselves and slipped Into the final code a clause favoring the maintenance of such organizations as' the MDS. The stipulation that Adelman refers to and which is noted as paragraph 11 in the code reads as follows: "The principle of protection to dls tributors In the retailing of music Is hereby, declared binding upon all publishers and distributors and to that end participants recognize as protective of distributors and ac- cordingly sanction the policy of any publisher or group of publishers selling their publications directly or through a common agency to all distributors at prices irrespective of quantity purchased.* Jobbers see in this clause not only a gesture to Justify the MDS but a move that. If approved by the NRA administration, will make for the quick elimination of their faction from the music industry* The Insertion of this clause, says Adelman, Is also contrary to the as- surance given by Paine to E. Grant Ege of the Jenkins Music Co., Kan- sas City jobbers, and NMWA pres., that the modified code would noi; Incorporate any principle that could be construed as for or against the MDS or in any way prescribing the course of business conduct publish ers may pursue in the matter of distributing sources. Revised code turned in by Paine takes recognition for the first time of the Jobbers, at least by definition. In the original document made no refe-once to this element as a part of the business. On the Insistence of the NMWA tbe definition of 'dls trlbutor' In the code was so modified as to stipulate that the publlgher may dispose of his merchandise to three groups, the wholesaler, the re tall dealer and the mall order house, MPPA Favors Dealers' Expansion Just prior to filing the code with the NRA Paine declared that the committee was not Interested in Jobber protection. What it sought was ways and means of dealer ex panslon, the opening of new stores and the added employment of clerks, etc., to man the counters. Adel man's comeback at this was that by eliminating the Jobber the code would appreciably reduce employ ment In that quarter, and that the P.-.Ine attitude, If carried through Would defeat the underlying pur poses of the entire recovery move- ment. Adelman also asserted that it would bo of interest to his fac tion to know why the Jobber could not bring about this expansion of mu.slc retailing sources, as well as such combines as the MDS. According to Paine's viewpoint, the code now on file contains noth- ing of harm to the Jobber situation. In It, he says, there's nothing that tells a publisher whether he may or xnay not sell to a Jobber, nor does It stipulate that a Jobber may not 36 given preferential discounts, that is, of course, as long as the publisher doesn't sell below cost. But this negative stand, retorts Adelman, has been made an affirm- ative one by Paragraph 11, which, specifically sanctions protection for the publishers In their organiza- tions of central distributing chan- nels such as the MDS, Code now describes a Jobber as a •person (firm or ijorporatlori) who purchases and maintains an inven- tory of sheet music for the purpose of supplying the retail distributor; who gives service to dealers; who issues bulletins direct to retail deal- ers, and whose principal business is with retail distributors or the oper- ating of an exclusive retail distrib- utor department as part of his busi- ness'. The modified code, however, does not provide for direct repre- sentation on the industry's admin- istration board for the Jobbers. The NMWA had asked that the board include two wholesalers, but ac- cording to the present version of this phase of the coide, if there is to be any representation from the wholesalers, it will have to be as part of the distributor group, which includes dealers as well as mall* order houses. Of the 10 members required for the board tinder the code, two are allotted to the dls* tributing faction, with the situation here making It a toss-up among three different and separate inter- ests. If the retailers and the mail- order houses each Insist upon a delegate from their camps, the wholesale element would be left exit in the cold. Other Code' Antagonists Following the completion of the revised code, Falne stated that U the Jobbers filed their own code with Washington, the music industry's committee, as It's now constituted* would submit an amendment eliml*'. nating the Jobber from the business: altogether. Paine said that he not only anticipated a fight from the NMWA, when the code came up for open discussion In Washington, but also protests.-from an orchestra leader delegation regarding the clause putting restrictions npon publishers' expenditures at cafe or hotel functions, especially openings. Other changes made in the codC' 80 as to comply with Rosenblatt's wishes dealt with bribery of con- sumer sources by publishers or dis- tributors, and the ban placed npon either faction as regards the selling of products or service below cost. For this puriK>se, cost Is defined as the cost of direct labor, plus the cost of materials, plus copyright royalties. If any, plus an adequate amount of overhead. The revised document also con- tains a prohibition against a pub- lisher or distributor selling directly to professional iiersons. Including teachers, schools, colleges, church choirs and like Institutions on terms better than a retail distributor can sell to the «ame persons or Institu- tions. Question of how many or- chestrations or sample sheet copies may be given away was left as is In the code. For the pop publishers the limit set on free orchestrations per song Is 2,500. Signatures missing from the code When the document was evbmltted to Washington were those of the Robbins Music Co., the Sam Fox Music Co., the Joe Morris Music Co., and the Joe Davis Music Co. Open hearing on the music code Is expected to be called for the latter part of this week. Otherwlise the matter Will have to wait until Ro- senblatt has disposed of the motion picture constitution, the meetings on which start Sept. 12. Opera Club With Lopez Under Lebensburg Wing Chicago, Sept. 4. Vincent Lopez expects to head a nite club under his own name here. Intention Is to reopen the Opera Club in association with Ed Lcbons- burg, who now has the 225 Club. Opening date figured about Oct. 1, some time after Lopez' closing at the Congress hotel. Opera Club has had Harry Puck the last two win- ters. Puck Is a fav with the Gold Coast mob.