Variety (Sep 1933)

Tpesday, September 26, 1933 M H SIC VARIETY 4S Inside StuK-Music Publleher element on the (Hrectprate of the American Society of Com- posers, AuthoriB and Publishers meet today (Tuesday) for their quar- terly reclassification of the ranks. Monthly meetinif of the board as. a whole has been set for ;this Thursday (-29), Writer coterie oji the board carried-on .for-several daya last-week trying to devise a new system of classiiftcation. that would eliminate the dissatisfaction rampant among the younger generation of sohgsmiths. Complaint from the latter quarter is that the : method of rating the .newer member^har^-been-e nt i rely . un faiF-qa-iae th . Y o up Eeg-Jnembegs- agfee that the bldtlmers in their ranks should r^iceive ample. cphsidera- tion when it. comes to divvying up the royalties but at the same tirhe, they icOntend, it is.uinjust for the Sodiety-to continue to Jieep the current creator of hits down in the lower brackets so that the older'group may retain their allotments Of top money out; of the^ ASCAP 6ollectipns. So ifar this year only five pop tunes have gone ovier' the. 200,000 copy line. No song has as yet reached anything near the 450,0.00 tally Of last year's 'Shanty in Old Shanty Town*. Top seller for 1933 Is 'Valley of the MoonV whicih at the end bf last week had passed arpund 305,000 copies across the counter. 'Stormy Weather' has-gone clPse to 225,005, but indications aire -that 'Lazy BPhes', which is still, on the upbuild,, will easily overreach that figure. End of tlie past stanza had the.'Bohtia' tune passing the: 2l6,o6o. mark. EeraaiAlng two In the 20a,00p class for 1933 are 'Echo in the Valley' and 'i/ittle $treet\. with the edge: over that l^vel in cither instance being quite Slight. ,All,,four Wai'ner ros. publishing subslds came through the past: fiscal- year ending Aug. 31 with slight profits if not on the even fine. Involved here were Har.mSi Witmavk, Remick and Famous Music Corp.,.the last a 50-60 partnership with Paramount. What helped appreciably all around was the. better than $86,000 collected jointly by these, firms as thgir part of the $825,000 paid,to the Music Publishers Protective Asso^ elation by BRPI Iri settlement of the $1,250,000 'bootleg' suit. the cases of Wltmark and Remick another supporting factor were the seores from'42nd Street'and "^Gold Diggers of 1933'. ' Indications are that shortly after Charlie Davis pulls out of the Holly- Wood restaurant, Broadway spot, the international executlA^e board of the American Federation of Musiciiahs will hand down a decision setting aside the $1,000 fine imposed on the band leader by the NewTork local. iSame veto action will apply to the men in Davis' unit whose penalty was $1,000 each. Charge here-had to do with underscallhg, Davis and liis musicians are not members of the New York local. ANTIPODES FEE JAM CLEARED DP BY MPPA Edward Murphy whom the Music Publishers Protective Asspclatlon sent on tp Australia to straighten out .the jam prevailing thpre over film synchronization royalties has reported bad; that tb.e situation Is rapidly clearing up. Antipodes publishers,. Murphy has advised the MPPA, have agreed to let ERPI pay the Australian portion of sync fees to the MPPA and to depend for jrOr mittance of their end upon Veils as- sociationi Under the old arrangement the Australian pubs taxed ERPI direct and it was this practice that brought about the tangle which led to. Murphy's assignment. American picture companies > not using the BRPI service had complained to the MPPA that thiBlr product in Aus- tralia was being barred from show- ing at the instance of publishers there who claimed that they hadn't received their share of the sync money involved. Electrics other than ERPI have been in the habit of paying the Australian royalty cut on this end. Australian music men, also re- ports .Murphy, have agreed. to per- mit the MPPA to do the licensing for American radio recordings ex- ported to the Antipodes and to look to the MPPA or their share of the .royalty proceeds* Proviso made, :hpweyer,.ls that the Australian retain the right to hold up the broadcasting of- number, which they deem not .ready for ether ,re^ lease. To pi^rotect themselves against o-verplugglng and its consequent efCect on sheet sales the Australian music men maintain a similar con- trol over phonograph recordings do- mestically made or Imported. MILtON DOUGLAS Acclaimed by Press and l^ubllc OiitstandliiRr Yoang American Baritone APPEARING INDEFINITELY B£N MARDEN'S RIVIERA <> =:Maiiaeemcnt^ JACK BERTELL LYONS & LY0N8-BATCHEL0B-ENGILL PAIIAMOUNT BUILOINQ John Green to London For Buchanan Musical Johnny Green leaves this Friday (29). for LPniJon on the Majestic tp write the music for Jack Buchan- an's next stage musical. .Assign- merit is ijeing handled through Chappell-Harriisy the London ally of Harms, Inc; Desmond Carter will do the show's lyrieizing and Jack Waller the producing. Green figures on returning within eight weeks, at which time he'll re> sUme his broadcasting for CBS, either on bis present sustaining se ries oiv for. a commercial that the network Is now on the verge of lih- ing up for him. Last time Green went over was In 19.28, and while there he. did a series of progranis for the British Broadcasting Co. Yank Band for Japan Tokyo, Sept. 10. Jerry Wood, of Seattle, has hooked on here and will bring out his Staters band in the fall. Outfit will do a round of theatre dates before getting Into harness at the Ginza Dancehall. Hall Is branching jput, making a bid for the class trade npw centered In the Florida. Will use four bands, two afternoon and two, eve. Has just renewed with Bob Kaai (Hawaiian) arid his Cp- pperatorsi Big changes at the Florida. Leo Watanabae and his band, the one which Columbia Phonograph, as sembled for recording, is moving into the- hall arid_ 'riierglng with Kiikuchi'a Syncopators. Kikuchi Stays at piano and Tommy Miss riari, of .-.Sari Diego, first;, sax, coii tiriues. M'SSmian recently has been arranging and conductlrijpr for Co- lumbia. Resulting i2-piece outfit will be spelled by Si, new. French tango^ band, npw en route, to this, country. EMERSON GILL And UIS ORCHESTRA NOW PLAYING BOOK-CADILLAC HOTEL DETROIT Direction MCA CHESTOE BEINSTATEB Hollywood, Sept. 23. ' Following Jack. Robblns- return to N'ew York after resigning frprii the Head man spot , in thP. M^ro music dopartment, a post he held for a week, Jack Chertok, who formerly head ed the departriicnt, steps back In chai'ge. Ke •w&s production man- ager during Robblns' regime, Waiter Donaldson, Iri the future, will, release his songs through Rob ^b lnsr=^^=^^^^=^=^=-^ Opera Club Non-Members Chicago, Sept. 25. Ed tieebensbergcr, taking over the class Opera Club, is renaming It the Mayfair. Opens Nov.. 1. He also has the 2Z5 Club, DarlP and Diane of the 225 show stays there four more weeks, then switches to the Mayfair for the opener there. Pigs Ghase Wolm! Alley has reachcd_the stage yvhere "Three Little Pigs' chases the wpit from the/ door, judging by the> manner in which; Who's Afraid of thie Big Bad Wolf?' (from the. wait- pisney-UA short) is catching oh., Iriitlal order was 10,00,0 .Poples and sold In a d^iy. And, boy, that's neWs in T; .» Jobbers-Publishers Milts Apart; Quarrel Up to Rosenblatt objections the Jobbers have, to the m'uslc code now On file in Washington will be voiced beforp Sol /RPsenblatti dep- uty NRA aidnjlnlstrator, when the constitution comes for a hearing, around the middle pf Oc- tober. . .Industry's .ooriibined code committiEes last week flatly reject- ed av-group of propositions that the. Jobbers, had asked to be^ Incbrppr- ated m the dPcitment. irvin A. Edelr man, cPunsel fpr the National M^" sic Wholesalers' Association, has beeTt; delegated by the jobbers to draft a separate. code for this faCr tion of the Industry: - Represented at last week's meet- ing to consider the' Ijerhands pf ; the jobbers were coders.from the stand- ard publisher, popular publisher, and sheet retailer ra,nkSi The group, after three • ^ays of discussion* de- cided they werei opposed to settinig up the wholesalers ,as ei distinct class .in the industry and also to determining; a course of conduct that should )>e followed in dispos- ing of their mercharidise, Argument that prevailed here was that as long as nothing wis said in . the code about , the function of the whole- saler the publisher would be free to deal as he :lridiyldually willed with pr wi.thput the rrilddleman, and on his own terms. Spokesmen for the Jobbers were Edelriian, Max Mayer of Richmpnd- Mayer arid W; Grant Egp, pres. of the wholesalers'^ assPciatlori. If the publishers favored keeping silent as far as the code was cpncerned on the subject of Jobber rights, this trio inquired of the gathering, why was a paragraph- Inserted Into the code sanctioning and protecting such co-operative distributor chan- nels as the Music Dealers Service, Inc. Ege later declared that since he has been forced to take the Job- ber issue directly tO Washington his group would diemand that this latter paragraph be eliminated ttom the code. . Jobbers' Requests Propositions that the wholesalers had submitted tP the combined code coriimittees had'asked that their as- sociation be included: among the names of the trade, bodies submit- ting the code to Washington, that .the language of the. code be changed so as to establish a recognized Job- ber's grPup,. that the Jobbers be per- mitted equal representation on the- cpde control bpard and that the code provide a price differential fa- voring the recognized jobbers' group. Wholesalers, included here, also. a. request that the .code de^ Clare it unfair competitiori: for pub- . Usher to cPmblrie for the purpose pf selling at one price to all deal- ers regardless of quantities pur- Chased., or to. take any pther isteps which might eliminate jobbers. While in eejssloris the combined code committee took up the various sections of the Iristruriient that Rosenblatt didn't like when it was, brigiiialiy fiubmitted. It was tlie first opportunity tliat the committee as a whple'had to discuss them. What- evier changes were made in the doc- ument following' the ■.Rosenblatt blue-pencilling ha-^l beeri the work of johri (j. Paine,' chairman of the general code comrtiittee, and a couple other coriimittee members with- whom he. had consulted. Several bf the clauses that Ros Radio Paying Absurdly Small Tax Music-^Rudy Valee COL TRIPLING POP RELEASE SCHEDULE Chicago, Sept. 25., Columbia lihbnograph next.month, is stepping i^p plroductibn arid re- lease schedule to put dance records on the market three times each month ..instead of once morithly. Releases will be .made on the .lOth; 20th and 30th bt each month. Pop discs will figurie, rtiore than a 100;% jump in productibn with each month bringing some .15. pop records instead. Pf six or seven. Rudy Vallee's talk Salies Executive Chr> in New York liiist Thursday (21) In which he championed the rightppf-^the song- Coast Musikers Hollywood, Sept; Will Jason and Val Burton are working on- the-tiines for .'She Made: Her Bed.' Charles R. Rogers pro- duction for Par.- . W. Frarike Harling^ dplrig the theme melodies for 'Cradle Sorig'' at Pararinount, and Arthur Johnston Is musical advisor ori 'Alice in. Won^ derland.' Dlmltri TiOmkIn writing the riiusic for the latter. New three-year contracts at War- ners .for Sahtmy Fain and Irving Kahal.'T Harriy Barrls and Loyce White- man aire with .the Jay Whidden or- chestra at the Miramar, Santa Mon- ica- >- Ralph Rairiget" spent part of his vacation from Paramount, in Den- ver and now on the way to Hono- lulu. Jane ypung, ^ secretary. to the songwriters at Pa.rairiount, leaves soon for a" couple weeks In New .York. Charles. Watson, W. . Bailey,, and Dr. B; M. Hiner efected life, members of A. riiusiciaris' union. Remick will publish three songs from 'Laughter in . the Air,' , the 'Myrt and Marge' pic. that Uni- versal is releasing. Numbers are 'Dragging My Heels Aroupd,' 'What Is Sweeter,' and 'Isjie of Blues.' M. J. Jerome and Joan JaSmyn au- thored. Sid Lorraine here from N. T; as the new T. B. Harms rep. darOl Lofner's band, curreritly at Venice ballrooni, goes to the Brown Palace hbtel, Deriver, Oct. 4, for the' fall season. Music Sales Corp. operis si counter in the May, Co., downtown depart- ment store, Sept. 28: Firiat time the place has had such a department and songwriters will, make per- sonals; James Cagney warbles 'Shanghai Lil,' from 'Footlight Parade,' over 'California Melodies,' CBS hour, Sept. 26. Dick Powell will sing' the remaining numbers from the film-. George Grandee has sold his .song, DesdCmona,' which was .used in 'Low and Behold,' legIt play, to Hal Roach, who will use it in 'Luncheon at 12,'Charlie Chase short. There will, be a burlesk on •Shuffle Off to Buffalo' In Metro's 'Hollywood Party;' SchnOz Durante and Polly Moran sing 'Fly Away to loway,' by Rodgers and Hart. Howard Jackson will orchestrate Kohler and Arlen's tunes for 'Let's Fall in Love' at Columbia. Witmark publishing 'Summer is Over,' by Cliff Friend and Joe Burke, who are iri Hollywood. " iiarry C«bailos doing the dances for Charles R. Rogers' 'Sitting Pretty' and 'She Made Her Bed.* Sidney Claire arid Jay ' Gbrney hero from N^ Y, Joe Burke returriing to Manhat- tari thi.-? week. Giggle.. Royce and his- ll-piece band' now at the Cafe de Paree, L. A., with Buddy Fisher. Willie Raskin, as president of the Rocky Mouritain' Songw^riters' Protective "Assn., says his boys are willing to sign the NRA if. .they can get ari eight-hour week. Red Marshall's orchestra noW at the Hacienda club, San Pedro. ..Rubinoft spprllng the latest thing in town cars. Paul .Kain's. orchestra has a slx- morith contract to .play at Casino Gardens, Ocean Park. Doc.Ro.ss's nine-piece combo re- T7'xV",!:.V '"^ "'~Z.Ti' placed I'ete Pontrelli's band at Pal- enblatt had suggested for revisloD^^g^ ballroom.. Ocean. Park, Jari writer tb collect from hroadcasting more than he's nO.w-'lettirig. gar- nered lots of space In the local- dailies. Portion of the speech that carrie in fer pointed stressing by the printed reports was Vallee's assert tion that while around 90% Pf aU air programs, consists of music the American Society of. Composers, Authors .arid. Publishe'vs last year, rcceivefi fi'bm this source JiOOO.bOO, a picayune ariiount when contrasted with the $39,000,600 odd that CBS and. NBC alone had taken .in be- tween them. Vallce called atterition to the pc- cullai- setup of the contract be- tween radio and ■ iriuslc . which throws the. tax burden alriiost .com- pletely ori the local stations, making less than 20% pf the millions gath- fered by the two chains from porii- mercial sources subject- to the tax provisions Of the agrcemeriit. This less than; 20% represents the ?50, $25 and $12.50 fees paid the stations by the network- from .the riates sev- eral times these, flgrires that the latter bills the advertiser, ..Vallee described this angle as the.'joker' clause in radio-music's contract, and "expressed: the hope that ■ cOiild be eliminated as, he said, It deprives songwriters of tworthlrds the revenue they should be getting. SAM FOX LADEN WITH MSS. FROM HOLLYWOOD were left as oHginally. written when the. final draft went to Washington, O ne._cla u sc^h ajL.tp dP^ ing away of KfiOQ orciiestrations of- a pop number and the other, affectr ing standard pubs, provided that no consignment business Could be done with dealers, but that teachers, school.i, colleges," etc., would be ox- crifipt from this restriction. At last week's meeting the publishor groups concerned agreed to' let these clauses stand as.is and battle out the Issue of their retention at the hearing before Rosenblatt when called. Wiley vocali.st with Ross?. Jan Sofer's orchestra moved from fiH of . the F [guerpa^ to the Up- Papile lirolherR, accordion trio, scrammed to N. Y, Eddie Michaffl's band-spllt-weck- ing betwcfn Carmol and Stadium thofitros. Jfarold Kobfrt.s, in charge of all mu.sif:nl activity at USfJ, bac;k from a world tour in tirric for the football scapon. Hollywood, Sept. 25. Sam Fox, who will leave here af ter a month at the FPx studio, has a lineup for his m^sic company that will keep It Concentrated on produc-. tipn- nuniberis from Fox pictures. Publisher has been sitting in on all production discussionis tliat Involve the use of music, getting , a line oh his pi^odU.cet for the" coming iaeaspn. So far there are three songs from *My -Weakness,' two from 'Good Companions,' English pic which Fox is distributing, here, the Jesse L. Lasky puppet film. Lew Brbwn'a 'Movietone Follies,' George Wiiifers 'Scandals,' three songs from 'Jlnrimy arid Sally,' and the Rpmberg and Harbach production. Jay'Gorriey, Sidney Claire, Fred- erick Hollander, Richard Whiting,- Leo Robin, William Kernell, . Will Jason,- Val Burton, iand twp pro- ducerSi Buddy De Sylva and Lew Brown, comprise the writing roster. Deal for Sam Fox to. publiiah the lilm 'Scandals' music ;Was clpSed lato last week. CASA iX)MA, BBtNSWIGE Casa Loma band has signatured an exclusive contract with Bruns- wick Recording. Agreement takes effect Immediately and stipulates one year with an option pn anothei". Comibo "ha?. beeh steiiciilirig th'enx for both Brunswick and Victor;, New deal brought with It an uppirig in the guarantee; per platter., Uriit .last week .also set itself fbr next sunimer's run at the Glen Is- land Casino. Contract here will, like the past seasons, run frbrrt May 15 to Sept. 29. ill's Hotel EJmerspn piil just returned, from a Beririyda' vacation was ^suddenly booked into the BopkrCadiUac hotel, Detroit, to open Sept, 28 for a: for" night's stay. ••- —^ — Sid Mills, Irvlng's 20-year-old, i.s now prof. mgr. of Mills' newly formed P3xclusive Publication. Inc. I Tlic ?rew Generation OfferH n Orund ArtiNt BABY ROSE-MARIE One Qf th.o cIoverfi.<it of Itiddio'performers an'I lioanl .twice weekly vin NHC Kfir .^fU^sgnulnf;. -t hrlil -1' (■•" JL-Ji!:'!--: ,«lriff. "HOLD YOUR MAN" '•DON'T.. BLAME WE" "DINNER .AT E CHJ "I'LL. BE FAITHFUL" ••YOU'VE GOT EVEBYTHI "MARCHINC ALOHR TOGETHEB" "V» OANCIN' <N A RAINBOW" ROBBINS MUSIC CORPORATION 199 9EVENTH AVeNVE till • • • NEW YORK • • • illl