Variety (Oct 1933)

Tuesday, October 31, 1933 VARIETY 45 Looks like Jobbers Excluded from Music Code; MUSIC NOTES prellnrinary hearing on the music code in Washington last week brought k stipulation froth Sol Ro- Benblatt that the final discussion of the docuinent this Thursday (2) •wlU Siv© no consideration to re-, tftiler oi* jobber partlclpatibn. Rul-^ Uig the NBA,; deputy administrator handed down at the end of last Tuesday's (24) meeting binds the r standard and popular publishers into k single code ahd subjects them to the same code authority. In addltlbri to protest from whole- salers -against their being placed (jutslde the music code's pale, other opposition to the ' document as it now sttinds; is aintlolpated at Thurs day's meeting from the' Theodore Presser Co. ia,nd the Century Music ■^Qj^Former-of-Ihege. two standard publication flrnis Will object to the cWuse which bars the . folio men from selling to schools, glee clubs, choirs, direct, at prices lower than those fesked from dealers. PresservCo.^ will contend that a pub- lisher should be permitted to set his own preferential dlscountis. when it comes to. dea.Ung with large eitiantity consumers; ■ Century Co* will direct. re against the provisions in the stand ard code covering the niihlmum price scales for publications put. out by more than one firm. Century outfit will argue tliat a . publisher sttould be free to sell at any price ■he decrees as long as this level doesn't dip below the actual cost of inaniifacture. Radio Agency Ideas On Band Salaries Some of the.' major ad agencies still tike the atti'tucl0 that a dance combo, ghould consider thift money it derives from a comiriercial progi*ajn as so much gravy and that the, unit should ibolc; for Its. bread and buttei^ in a cafe or hotel spot. It's art argument; that .ihv,arla,bly pops up during Jthese advertiser reps^ negotiations with a band, and is.responsible for fhe fact that despite thfe heavy increase of this class of attraction on hetwprk commer- cials the pre'vaiiing salaries for -"comisssnaf^Ieiss^lTan-boprratin! are below, last season's level; Other sid^ of the picture, say bandmien who havei turned down these propositions, is one that the agency men; as a. rule d.ecllnfi to face, and that is that the sniali coin ayaailablie from dine 'and ... dance, spots.,.makes it imperative that or- g^^anized units ■ turn, to radio for the substantial fare. KNX, Hollywood, has-dropped Its remote of Curt Hoiick's band from I the Robsevelt each Saturday nite. Replaced at 11 to 11: 30 p. m. : by jimmie Blttlck's cdnib.o from the 1 Cafe De Paree. rank Davis reppinfe M; M. Cole, Chi book an song pubs, taking over entire eastern territory. Hughie Bari^ett .aiid his orches- tra, for the last three years at the Onondaga hotel, Syi^cuse, have closed therev Winter engagement will be the Port Pesf Moines hotel. Pes Molnes, la. Bettye Lee ^ Taylor, organist at Loew's State,' closed Oct., , leav- ing Paul H. Fbrster iat Schihe's Eckel the lone console maestro in Syracu.se. Jack Bruce'S band . signed by: Brian McDonald for his neW Tent Club, Pittsburgh nite spot which |-gets-tmder^way-thiB-weel:^ McDonald, former radio .singer; got into cafe business this Summer with a dinie-and-dance spot on the outskirts. '3 Pigs Smash Prompts Cut-in Offers; on ^nfe by 5,000 Miles Whoiesaiers Will Fi ■Wholesalers are preparing to take their case direct tO: General Hugh Johnson in the event that Rb^- blatt flLt Thursday's hearing again declines to give them recognition, under the- music."code. Rosenb.latt's NRA associates, since last Tuesday's session have been" making a : study of the vVhplesalers? part in the music .business and shbuld this in- quiry deem them unessential no mention of this factlbh win be made In the final constitution, unless Gen-: ,eral Johnson decreies otherwise. Jobbers are demanding that the music code include a, clause grant- ing them preferential , discounts from publishers. Opposition to this provision argues that In the event such recognition is glveii the job- bier the publisher would' be biarred from giving syndicate or chain stores similar preferential discounts On, <iuantity buys. This opposition also contends that the jobber does :i^nOtj:per fbrm a special Sj&ryice for "the pubfi8Ker"as owner of the-copy- right and for that reason is hot de- . serving of a,ny special recognition. In a letter addressed last week to all pop publishers, John G. Palhe, chairman of the Music Publishers iProtective Association's board, urg^d them if they had any objec- tions, to the code as it now stands to appear in^ Washington at the final hearing. Although the code conunittee they selected,. said the letter, will do everything it can to retain the document's original dec- laratibns, the ultimate responsibility for the code passed on in Wasli=. ington lies WitK the mdlvidual pub Ushers. If they have anything con trary to say it better be said Thurs- day^ the Communication stated, be cause the code as passed on that dia,y will become the law binding the entire industry. It is figured that the code will be in the hands of President RooseveU. fpr signature by the end of next week and that it will be- in effect by Dec. 1. Strictly Federal Issuer State Judge Informs Plagiarism Plaintiff Buffalo, Oct 30 yen if the Infringement allega tlons had been proved there was nothing the stite courts could db about it. supreme Court Justice Thomas N. Noonan opined in a de- clslpn he handed down dismissing, a suit .brought by Martin Radnor agaliist- Harms, Inc.; Chappell Harms, .Inc., and Victor Schert zinger. Question of copyright, held Justice .Noonan, is something which the Federal courts only may con cern themselves. Radnor cOniplalned that the songs, \My Love Parade' and ;Dear Love,' from the picture 'Love Parade,' were an infringement on his own com- position, 'Byes Of Love.' In addition to an Injunction restraining the pub- lishers, from furtlier distribution of the-two tunes, Radnor sought an order from .the court diri^ctlng tha.t he be given an accounting of the salfes-o n 'My Love Para de' and 'Dear IXbve? ""■"' ' "■■ §lir*i Martjn takes over his former post as band leader at Pantages, Hollywood, when the hpus^ opens •Nov-. .9. Jpe Eickner's Melody Boys at I Dib s> Beer Garden, south of Ibany, In. Y- ' Earl Simpson's orchestra as usual has the Rainbow Gardens a,t Bessemer, Alabama. Jack Valentine takes his orchestra into the Statler hotel, Buffalo. It's a third,season at the spot Liaison tubby Garon! Hollywood, Oct. 30 Poic has established a musical ex- ploitation department at the Studio [and plabed Tubby Garori, ;yeter«ln song pliigger in charge, under su- pervision of James O'Keefe, depart- ment head. Will he used «*» llailson. between picture production diepartment and Movietone Musical. Company. AKLEJStf EbEHLEB ON 'DANCE' Hollywood, Oct 3.0. Harold Arlen and Ted Kbehler have been engaged by 2.0 th Gejit. to write the music for 'Buck Dance.' Team was., brought west by Co- lumbia to compose music on 'Let's Fall in Level' St. Paul, Oct.' George (Mystic Caverns). Foster read In VARitirtT: 'George Foster ..has i ' tender $pbt for .Eriglish barmaids, which, he has had fpr. years.' • After jumping up and down, he discovered squib is., under the heading. 'London Chatter,' so-now he Won't .have to deluge his missus with ppsiies for a square- YEARS; IS Although rated the-biggest c(isk seller" in three years, 'The Last Roiind Up' is expected by its copy right owner, Shapiro, Bernstein & CO., to aggregate 100,000. platter sales Or net better than $1,500 In publisher-writer royalties. Victor has made the song four ways, Co iumbia hais recorded it on as many imprints, while Brunswick's .side tally cornea, to five.. Included among the bands who have made a sten- cilled versioh of the cowboy lament are Rudy Vallee, the Lbmbardos, George Olseri and. Don Bestor. In the splitting up of thie royal ties if they come to .$1,500, the pub -Usher will net $i;,006 and BlUy Hill, author, the balance. Sheet sales, of the ditty last week passed the 300,000 mark.; Heavy rush of music pu attehtioh. to^yard. film shorti as. result .of- - smash takings from the ig Bad Wolf Three Little Pigs' developed a iie\v customer for the cUt-ln thing. Publishers are offering not. only to splice the shorts producers, in oh the profits from sheet sales,, but to pa.y. the salaries of any songwriters the film men may select to work on thoir subjects. As some, of the shbrts makers are setting .up their deals. It's a tlvree- cornercd softi for them. In ad- dition to. collecting a pie.ce oh the cbpy turnover and being rcUrycd 'pf \vriter expenses the minim um .reel producers, save for therriselyes the., synchr'bnlzation fee. Several pub- lish ers w ~ have Beeh approa-ched: on. this .three-way proposition, .and have' titrricd It down declare they . will call on" tire Muisic Publishers Protective Association t'p check thei sync angle, as siiprts are released and in that Way bring to light, the: music men with the.sp.eciial arrange- ments here. Something NeW Practice bf tossing In the wrlferis and relieving tiie producer pf the sync fees is an Innoyatipn for tlie music industry.' But hot so when it comes , to declaring picture men in . on copy sales, That this latter procedure prevails with Several pub- Ushers w-io ;have feature producer, contacts is infb: common to the busi- ness. Prior to. the^ recent rush for the short subjects tieups the only kick- backs that publishers concerned themselves with irivblVed singers. Frequent arrangement with the warbler on a short Who picked a tune by rrangement hits been half of the sync fee' cbllected by, publisher from tlie. producer. BUDDY MOREIS' TEIP Buddy Morris, head man of Wit mark & Remlck,. leaves for Holly wood around the middle of Noyern' ber to spend a mo.nth In the Warner Bros, studios. Will sit in on the score preparation of.^ 'Wonderbar,' 'Broadway * and Back' and other, screen musicals under way. Morris made a similar trip last summer.. During Mprris' absence Walter Clark will be In charge of the two firms' operations. Band Bus Bums Ix)gan; la., Oct. 30. Babe Blok and 12 members of his 'Chips' dance orchestra were giveii I a scare and sornte quick action just outside of the town when their . 27- passenger bus suddenly burst Into flames. Band Is from Hpuston, TexJLS, f . Bpys managed to save belbhgings and instruments.' Bus, hoWevcr, a 1 complete bust. Minne/s ^Floating Flo,' Chi Tin Pan Niterie Chicago, Oct. 30 New niterie in the loop to be tagged, 'Tin Pan Alley' opens under Lindy's In tlie old Coffee Dan spot on Hallowe'en eve. Will go "Bow- ery and hokey with evei'ythlng. from comedy waiters to yodeling bar- tenders. Everything and anything fpr a l augh. Slogan ; 'Where a buck looks liice a Sawbuck.' - Ben Jerome writing theme song for joint; walls to be- plastered with blow-ups of song "sheets. Inside Stut-Music CORPUS CHRISTI IIViELY .:.Galveston, Livest spot ' in stiate butslde of East Texas .oil belt is Corpus Chrlstl. A . picture house, the Pal- ace; and two new.night clubs; hitve Just opened.. Ligon Smith orchestra C i? • •'■•1 ' I T C . I at palace for. ihltial' eyeftt: . Sic wHm Fox Takes - U .•DOng |.pontpn sponsors Idle Hour cafe and dancery; Don Albert arid orchestra at Palm Grove. Two other night clubs besides regular dance fibers at three resort hotels. Hbllj'WpPd, Oct; 30. First son^ score out of a picture tvade of the Fox lot to be published by Sam Fox Music will be that of Tt Like It That way,' which Unlver sal is making. Conrad, Goettler and Mitchell are awthorlng the ditties. BAXTO p-PENS UP Baltimore, Oct. 30, After lapse of several years name bfends. are again being brought in for dance dates In schedMlcd series, H. Anthony Is behind project, spotting them Into town's largest and niftiest ballroom. Alcazar, on fWdays and Sundays. • Eddie Duchln, Jimmy JTohnson and M Katz comljos have shown so far to fair biz. mW QECH. CORP. Detroit, Oct =N:ational-prGhest-ta=.Carp^ia:=a=:ii6^ band and •radio booking cbmfeine by Jules Klein and Dave Diamond here. They are, respectively, the maestros at the Royal Pnacock arid the Dell Rbbbia. In addition they handle Pa^il Lea.sh, Bob Nolan,, Hy Steed, Ole Foerch, Benny Kyte,'. Skceter Pal- mer, Mon' Watson. .Henry Finney, Paul La"Voie, Bob Chester, Simony Philipoff, Th'j Rhinelanders and Gypsy jSaroiis orcheslfas. To avoid Billy Hill's getting tangled up in a law suit Shapiro, Bern- stein & Co. has undertaken to settle with Campbell-Connelly, British publisher, the claim that the latter firm has brought against the writer. Shapiro, Bernstein, with whom Hill has a long, term contract, has sub- mitted to the English music men a proposition whereby in return for the British rights on the Score of 'I'm No Angel' (Paramount) C-C agree to give Hill a complete release from a lyric deal he had made With Jimmy Campbell about a, year ago. ^ Campbell claims that this deal gave him first call on any lyrics Hill wrote after the BignatUring of-the contract from which the writer gpt a down payment of |76. Arrangement between Campbell and Hill be- came the concern of Shaplrb, Bernstein When the British publisher re- cently laid claim to rrhe Last Round Up' as one. of the. songs that Is withi the purview of the ,19-lyrics contract Music men read some significance into the fact that three, of the six current hest sellers, VLast . Round XJp.' 'Big Bad Wolf and 'Love Is the Sweetest Thing/ the latter (by Ray Noble, an English orchestra leader);, riot forgetting "Lazy Bones,' arb by. Class C arid D writers of, the American Socletyt and that tile big leagiie Class A and AA writers aire not the fashioners of .tiie current song hits. A Los Angeles'prchestra leader^ maneuvered 9: dance director out. of a job at a theatre, ;a;chlevbs i studio job how and cbritinudlly gets, miessages from the niuslkcr .asking him to put friends of the latter to work. Dance man. Is . not holding the leader's recommendation against those of the applicants who can qualify Arithmetic jugglers onV the . American Society •of Coniposers, Authbrs and Publisher" board estimate that the. adyeht of repeal will bi-lng at least 50,0:00 new, sources of license. Income. With each spot taxed art average of .$100 the paper .and pencil boys in the society figure that, I prpyj .' '■' thej.prppjr .check is maintained, that^^jthe end, of prohibition She Floats No Mo* St Paul, bet, Mystic .Cavierns, since foam re- turned ^ar and aWay the class nite spot ^f this section, now, with_the> novelty worn Off,": is "threaterilrig "to" do a. fold. Reformer.s have hacked away at the club and at. 'Floating.FJo,* semi- nude fan dancer. Blue.-no.ses shouted in the city council that if Sally Rarid dcsorycd that, year's plaster she got in Chi, 'Flo' ought to be locked In the hoose-gow for a decade. Ciiverris came back with defense that. 'Flo' was not - aurria* turel, but only a reftectlori; .since the^ stunt Is a magical Illusion orig- inated by ThUrstori;. Ori his recent week here^ the fan dancb angle was added only as a timely touch, Connie-Ralls, manager. Is put aft- er a. tiff. vvlth Jack Foster, coroWn- er, Ralls is now 'at Alverdes cafe, cla.ss batery In this burg. Carl Kalr liiaTi, St. Louis cop and pne of the Cayern's minority 8tockhblder.«!. is npw' managing. In place of Raljiis. will mean an. addi'M^^ fpoUoi^ ,to "tKelCSC^P, cpffcts^,. Used to be an axiom that,spng. hits pepped up the entire music busi-. ne.ss. just like a Broadway legit click stlmulatea the r«st pf the field. This axiom Is belled currently by 'Last Roundup' and 'Who's Afraid of the. Big Bad Wolf?', which so predomlriatos all music sajcs that It'.s tehdcd to kill oil' the resi: of the catalogs. Picture people whose Interest in songs Is chiefly .from the film angle concede that the Warner-Witmark (or Remick) organi/.atLons alone tb- brdinate to the degree that the .songs become effective advance agent.s for Warner screenrmusicals; WERNER BACK AT MICH. , Detroit,. Oct. 30. duard Worneii, who left as mu- sical, director oyer. a year, ago at the Michigan returns to that thca- 1 tre Nov. 11. WorhPr. :cft to take over the mu- ^Siqal direction of WXYZ. Ho re- tains his station connection for a jicaturiLprugjcantdail^ Reser On Cofumbi Tlrirry llo.s'-r is back on tho itimbla I'honotcraph ll.sts, aft" two yenns' absonco from the roour ing ftold altogether. Sumo catalog has also added BCrniP Curnnvln.*?, who previously turned 'em out: for Victor. Cum- mins liii.s r"(i>rdf(l four of them to date on his muw contract.