Variety (Nov 1934)

J^^f^tO; Dissolution jSitU (Continued from page (1) memtiAM ot ASCAT. ^^^J^^ gnd the JdlJSv - ^ 4. That any ot the acts com-r ttbiinod of by the \U. 8. are unlaw- ftji. but that to tli#^ contrary; Jtlie Federal Trade^pQni||lM^. :ih0 pe- Bartment Of ^ii»t t « 4 l i rM * -Con-. S^^iiojftai patent* ooAiinltteeii ut* ■*eH A* federal a*id atate courts have by deciKion and other ac^ts de- clared for many yeara that the So- ciety is cnf,'.i>;ed in the loKltlmatc: business of prptoctlnK copyrlKhtK • afr'i''»*'t piracy and KrantinK Uc<Mist's for itH members to the purveyors of inuHic for a profit. 5. That the MDS no lon^t-r exists • and that its I'lrecKTB ordered it ■dlMolved long before the cSovern- ■ ment tiled its suit. 6. That the 24 members of the jt&CAP board of directors have and do In fact dominate the music business. This section of the a,n- ' gwer recites In detail how the So- ciety came to be founded. Or^an- lied Fob. 13, 1914, by 10 comiK>sers "and four publiahors. it now has u membership of 778 writers and lOU pUbllaher.s. Section also relates the lll^tho4 of electing the directors and ^ membership admission, ami then proceeds to describe iiow* up; tO;; Wt4, jplracy of copyrlK^eA '^-iitaltM-'.- ^f^^ ram pa n t thrtmghbut tlio V. 0. »nd how trade ittt tho copyrlKht riitht to M^Hto^ fkM tor thri»ifl(wmttnce^ ' fcts wa»k. Also hbW* «lao» t|ie tor- jnation- of ASCAP,:.:.ai»./Mkllwir. composer of mu*|c haii |)*Bn PW^ mltted to be burle4 In ia; nanper'ii urave and how the Society has pm- ' vided for indisont members and their families. This section further recounts how the development of the cabaret, the motion picture, the dunce hall, vaudeville theatres, etc.. had made music a profitable me- dium for the operators of those : places, and that the Individual writer was empowered to deal with the Infrinners, and recites how the Society tin-ou^b one court, dei iHion after anotlier was able to enforce • tlie coi)yriKht owner's right to col- ; lect a fee from hotels, cafes, motion - pl< ture theatres, and Anally from ' radio. National Association of Broadcasters is tharBcd with pub- licly announcinB that it will Rive full support to prosecution of the Government suit, and If latter is .::iucce88ful, the NAB will estublisli a ! music pool of Its own and use only , niusical number* of writers and ';|»i|l>llNh:eni who aro ai«mli>ei« or the 7. tbait ASCAP roatrtcta a 11- . liensee to the use of ABCAS* muaic To the U. S. allegation that AgCAP will only Issue a blanket license and not one covering the use of a single number, the answer recites that the liu t ASCAP members are scattered all over the world and thou.sands of sniiKs of different authorship, na "tinn.illiy, character and tasto used <l,iil.v by eacii branch of the amuse- nn 111 buiiine.ss makes the latter eys- tem impractical. Issuing oT blanket 111 i nses also spares Society added exix'ti.se of attending performances or listening in all oyer the country to learn whether the works of its monibers are being pirated. Society, states the answer, never had an ap- , plication for Individual numbers until the NAli, defeated in Its at- temi)t to obtain legislation detri- mental to the Society, conceived the idea of asking for alniAe. numbers in order to use sycK ttltfilfiUlpni as a basis of complaint. ' 8. That It ever granted ll«:enses or dealt with entertainers or groups of entertainers, but, to the contrary, the ASCAl' policy has from the in- qeption of organization been to deal Only with commercial place oper- ated for a profit and with broad- No Agents 9. That the docloty maintains agents all over the country to eh force Its demand. Answer states that under tjtM necessity of protect- ing Its rlglitii ASCAP baa employed attorneyf in cood atHMlUlt anA of ftood repute tn tlii iwr^ :«i8trict8. ■■ to. That ASGAl^ M anytHlttf to «o with tlie toilnaildtt llPPA «r ;ia any way Had imUI aaytlilnf to ito with its |>usines« ainttrs, opera- ;tioniror policies, or ttta aetecticn of Its oncers. To tbe eontrary. states |ha aniiwer, the two arganlsatlons . are separate entities and havei .noth- lllir to do with one another. o^ll. That MJDS was organized with tne connivance of ASCAP. Answer further states that ASCAP had nothing to do with the MDS* opera- • tlon or demise. 12. That In order to prevent suit for Infringement of copyright it is necessary for radio stations to ob- tain the consent of the owners of the Copyrights that they wish to con- Sent. 13. That the success or failure of the station depends upon its ability to obtain permission to broadcast- musical numbers, and any Interfer- ence therewith constitutes restraint of tirade. Answer further avers that there Is no such thing as competi- tion In performing rights, for the reason that .each nOMiNMiltion is tn A class. bir ltMU . and that the com- liMrclal VtrJ^ M^fornilng rig)ifB If, # mr wit M "■■ ■ iMHMt df a mixed composite proRram. Users of music, stales the answer, claim tbai perfect payment Is made the copy- right owners when'they e.xploit tlie number, notwithstandinf,' the fart that tbe con.slant bro.ub asiint,' of a particular coiiiposilion destmy.s its p<jpulaiily arid disaliles tbe writer TTTTiii sciairing royalties ihromjh other means OtJ^W^i^lote'ltikld ;<^^ ploiiation. 14. That by means of combina- tions ^ndcohHplraey the Society has acquired control of broadcastinig as a means of ap prlfl ng the people of musical comi>OltttOns artd that by preventing the exploitation of the works of non-ASCAP writers and pubiisiiers th<^ tiociety has affected the sheet music Sales of ilt« non-r meniberfe. Answer poihtft out that radio, instead of emitlbying writers to create mttslc for Itii;; MAtv^y waited for music of authoTi and composers to be popul^rlied by pubUcatlon or presentation on the stage and thereafter used thd; muMic so published or popularised by others. Instead Of radio por»ul;irizinK music, the cohstant plugging of the compositions bas shortened the life of them arul has resulted in a tre- mend(jus decrease in royalties re- ceived from tbe publication of slieet music, and the primary source of income that tbe copyright owner can now look to for his works is broadcasting and the other media perfijrmiuK music for a i)i'olit. Un- der the copyii^lit law tlie owner has an absf)luto right to refuse radio or .any other media the u.se of his works, and tliat tbe activities of ffie broadcasts witli respect to music have been and are limited to take the music without paying for it. 16, That the society's s^^f'-ljer*' petuating b,oai:d of directors' has the ex^uiidl.ire «w and dperatibh of the society and thiut . meodKiNiap is restrlitfted to tjhose aii»iMiMHjF: W the directors.^ Answer declares that composers and authors throughout the world have been permitted to organize for mutu.il protection and issue performing licenses through a centr.il agtMicy. In no case through- out the world do the users .seek the dissolution of such agencies or de- sire an opportunity to deal sepa-. rately with copyright owners If they must pay. Were It not for the society not a single one of its li- censees could hope, if he conducts his business according to thf pri^- ent amusement policy, to n^go^^ate Wtti^^.:; InditvldiMM (Bf4»yr4glit . .4>w^^ ' :jiii(tcitiQn/'or' tn.nsle las is aVailat>la^ u clety's license for anything like the present cost. It would be pbysicaUy and financially Impossible for the average broadcasting station to ne- gotiate for individual licenses with several thousand different copyright owners located all over the world as well as in the U. S. Through the years 1926-1932 the radio set In- dustry h.as garnered from sales "around $3,500,000,000, while Uie sale of time to advertisers baa since 1927 advanced with such leaps that the networks and stations In the U. S. are expected to tal<e In from this source during 1932 over $100,- 000,000. From. 1926 to the end of 1931 the liverage sales Of idieet mu- sic has shrunk more than 70!%^ the sale of phonograph racords has dropped OTMr $0% Im piano roll Indnstxy haa rpfii/iiliki^r ished. : ■ .'v'.: ■■■■ 16. That radio stations nnust ae cept all terms and conditions im- posed upon them by the society for the right to broadca.st musical com- positions. Answer does admit that stations owned 61% by newspaper have been granted special rates. Reason for this Is that newspaper- owned stations do not sell adver- tising on any sul).stantial scale and, to the contrary, are operated as semi-public media for the dlsseml- natlbn of - news and other matters of! g^nMral Interest. Ih answering tha aillegiMlOn that ASCAP restricts humhwa *t iHItt, tiia society states auoh fliataihces ara .f^w and that aucb .«0finpo8itlons ire #itbdrawia only when the Ctohtlhued ; radio broadcasting of siuoh ntfitthers. if not restricted, would destroy the stage or symphonic rights of the members In such works; that the society by virtue of the rights ob- tained from its members is bound in fairness and good consc ience to do nothing that will destroy the rights reserved to stich meniliers; that dramatlco - musical composi- tions currently successful on the stage are produced at'great invest- ment, sometimes as high as $200,000 or 9900^000, and that If broadcasters were permitted to perform unre- stricted Works that are part of such produ^ibns the desire of the public to attend such musical sho^^ would be extinguished luM the value of the Hghts' tn s^N^ . -ll^ likewise be destroyed. For that rea- son the so.clcty, at the instance of individual members, restrifits from indiscriminate broadcasting, from time to ■ time, ''au<^ ;^|MN4Mil.'-«oa^ sltlon.s. 18. That flinuigh the alleged ron- nplraoy radio sfationK have been discouraged from brnadcisting the works of non-A.'^CAP members, and ARCAP hns also prevent* d n'»n- m*>ftll)er writers*dnd publishers from hefhk cuhipehsated lor Vm rl»ht to puhHc>ty^liw^fw*;■■■ ■ ; MosI PUyfd on Air To fahiUiarize fM re«l 9/ country v)ith the iitnes ntQui on the air around Keib York, //if foUowing is the compihi- tinn of the son()s most played on tfie major netxcorjea Zas-e week, iti relative standinif, ac- v6rding to the numher com^ Unrd pJufla onVWJBJC^t-■'WM:<- and WAIiC. ■ ^■''■i;:;;'v''^v/; Lost in Fog ..y,^..^^ i Out in Cold Aguin iiiV fSS Mutt We Say Qdednite. 22 The CentinentsK..• ■ ^.•> ■21' Be Still My Heart.....,..,, if, Stay Sweet as Youi:ilVf#« 18 : If I Had Million.. .!;.'*M'..i. i7 Pop Goes Your H#aril w ,>. ,17 ■ Raw.' ■;• > > • i '» « ♦■•»■•«•:,• •". 17 Hsipjiines* AhiUm.-,^-, . . 16 If You Love Me 16 *P. 8.—I Love You.... 16 Sweetie Pie, 16 You're a Builder Upper., 16 Don't' Let : M i ||ii »;y(Dto.',vw..;.. 18' 1 Saw Startl. >',*,.;,,,,, tH WetifOlnder BrJdfl*.....; Isn't U a Shame. 14 I'm Growing Fonder of You, 13 An Earful of Musiavv;t.<,y; 12 't;ove in..'Bleoniw:. iW^ 12: Midnitilit, Btare IMd V(9U ^vV 18 Two Cioarets in Dark...... 12 Difference Pay Made ...... 12 ~"^j(hme liiist w«*li-*-tpa4Vertentiy omitted. Connng Down; All WCAU Artists Bnrean KeqM MCA irai £rab ' Op All Phila^ Philadelphia. Nov. 5. Fight between MCA and Mannio Sacks of WCAtX ArUsts* Bureau tb control the bobking at the Arcadia International In Phllly is running at a deadlock. MCA bookings were Guy Ix)ml»ardo (as the opener) an 1 Buddy Rogers while Sacks through WCAU'8 Artist Bureau bias sched- uled Stobpnagle attd BMiS and Ted P.lack s ork this week and Kate Smith to follow on the 19th. Also penciled in Is Morton Downey. Nltery remains the mUy one In town.^sportfnir % mtv ii im ^" Joe Hiller Comes Back Pitt. Nitery r':''.,;^^-^V-:C-./ Pittsburgh* Nov.. 5. • ■ iloe iflHer. at dhe - thwe ri^iwseh 'Ativk for, Waterson'-ft«^irlln4^S^^^ hut hlore reeently a night ctiib <op- erritor licnv is swinging >)a(k into aeiion ncNt week after a temporary ret.lrernent of t wo year". Tie** bpcn- ing a dowhtowiti t^ei which he wlU oaH the Muinle ttdJfi It'* on tlberty avenue, In a basement fOriMd^^'^*' cupied bjr a o.ift terla. V Last r-afe lliller ni»('rat< d lig|r!|*|iira8 .Show, Boat, which he ran t^ years, part of itiat time with Kdldle K,iein, .:wik^i^3jMW'''; w-nn^n«':^ the - 400 Cltjb her*.-:''■:■.'■.•,;■;'^ ' 'UFE' SETS BACK W.G. MONTREAL BOOKINGS Meyer Davis-Bobby Sanford have booked a big floor show 'iiito the Club lildo. Montreal^ lo o^en Nov. 8. Show numbers if l^ple in all. Davis-Sanford also booked acts In the Stanley Orill, Idontreal. around the same Johnny Stewsrt at the Montreal Press Club, with the floorshow com- posed Of uutJt^cpwmm^ Jordbn :-8l8teiii;''''|MiiiK~<'^Milti^ and Dolly Sisters. i; Joe Mosft takes ove*""the tVinter rjarden, the .Shuberts' Broadway house, next year instead of this sen- son in view of the unexpected click of 'I^Mfe Begins »,t 8:40,' and will convert it- Into a cabaret. Moss' partner In the Tlollywood restau- rant, Jacob Amron, will not be in on thift venture. ,A> pkticire name is being nego- ,ta|ii'W''^^ '.K«ad:'tli« -'-wi^-'cabaret-' :t»i*alif. '>;-r;"':»'■•^■:;V/-:' " Detroit, Nov. B. The Club Roberts, managed by the three. Roberta Brothers who ap- peared here at the P^olvhatan opened Inst week in the redecorated and remodelled coffee Shop of the Hotel Detroiter. Nice bu8ine.s.s opening week in all clubs except Petit,ihi6u9e> Manhattan and Webiiter doinr l><K)fiy^ Ahbther opener, the Pioneer ■ former popular speakeasy, has been turning them away since it opened PUBACE CLOSES ■ ■ ■ Di^trolt,' Nov. 5. Several acts were left Idle here last week when the Oriole Terrace hung a 'closod' sign on the door. ' Club was uinder, the mi^nagement of 'litee'lApiltg;;-■■ Leo Edwardf added to profes- mim stiOl of Ai«r; /eiien A Bern- stein. ^ Arbitm jynnitations of Siistaining Btibby. iJraw^'rd,. president; of De J?5iva, Jjrow rt A Hipnderson; ihc., is drc>pping that ilrm namie and Chang*: • ing everything to Crav. ford Mtislc - Corp. Tliat s b« eh a subsUl unit heretofore to htindle standard ftuff.;. , With the ntaJor firm nam* - tlniilng as DeS./B. A orlg1n.ll founder-niemb^rs bf the • firm of nhicli Crawford was the fourth CO-partner aiid president/. > . After one of the most signal suc- cesses In the annals of tin pan al- ley. B. O. (Buddy) De.'^ylva. Lew Brown and Ray Henderson had a faUing ilUt which for a lii^e :)eft &rbwjhi<^K«nder8on alone as: il, Writ- inp team. This was when the trio had es.»jayed filmusicals during the 162$ picture musical boom, at which time DeSylva, ;a native G,aUforn|iv; sbn, expressed favoritisni to wood and an extended film career. Since lhei\ Bjjywn and Henderson tiaV'iB' also s^ and the trio is' now divided into three .-iparatO ramps, each writing wltli new part- ners. (In this respect the DeSylva*;- Brown UfniSilW^^ the Aget*. YMleh 'de Boriist^fln* Inc^ firm, of whieh Jack Yellen is no longer a member through having fan«!nbut with his writini and busi- ness ptirtner,; Ji(lllt»*n Ager. Once previously, iliivo,' Hehry Waterson alone comprised Waterson. Berlin & Snyder Co.j when Irving Berlin a.nd Tili^lliyaer' l*tt 'the' combine.);' --0''; Crawford has on various occa- sions dreamed of reiuiitlng what to him Is the greatest songwriting combo, in the business^ and h^as eycn entertained offers \pn' behalf of. th* trio for piitures, only to And t""^^ each had other plans and that an- other series of De.Sylva, Brown & Henderson fllmtpslcals was, .out > f^i the question. ■ ■■■:';; .'^'.'"i'r."'.'."''V- Since then Harms, Inc. (or Its affiliates) have published the scores ot these'wrtferi -friiin'.^Mb^ ^U^iif^- 'shbws; ■ ''■■^"vi'^i.f Currently, 'Sciy When,' musical 1^ Jack McGowan, Ray Henderson and Ted Koehler, is being published by T. B. Harms Co. (a branch of Harms, Inc.), but th? copyrights^ pijt the Bo n g fr a re vested in Ai t». -jimU^ man, attorney for Henderson, who, Incidentally, Is also legal mentor to Lew Brown. Letter's forthctmiing 'Calling AU Staira.' twcause ot ita Warner Bi^; lRnancing, #ili be pttb- llshed by WItmarks, a WB 8ubati4i.i which, too, is an ally of Harnis. Crawford, since Ibstiig the trio of; stars who lent their names to his drm, has been fostering other song- writers, notably Maek (Jordon .and Harry Revel who, while working for Paraiiibiintr'"';'<Hra'' .'exclusively''' -pvlttf'. llshed by Crawford; and not Via ICa<< mous Music, which tis a Par st^bfil^. : Crawforil rocs to HuI]y\vi)od;>5*l#J|i5i.;" 19 for another business trip, Ai»i^icati6ik v«t fh* "Mil' n#triot- Ing hotel an4vltl^ bands to four sustaining bropli^ts a week may be postponed W tha i^^ mu- sicians' union until several name bands in the metroi^lltan area "baVe '.'tteen- "i^lir'''.l#''''«lrM^ir 'griev-; anceii agaii|M| tlM M*^^ These combos demand titat the regula- tion, which was passed at a meet- ing of band leaders last week, be reopened for further bohsldcration. ^e0k;itrai»t \ maestroa aoore. the i^fir iis iniflilr to tlieni Aad| clhirge that it was railroaded through by a group of orchestra kad^rs who have ;'tniiioir.>^i|^fii|^ casting."-:"-' " ''^^ Action.' of'■tii^-''dirifciae::ba»<r'...Inan was in line with local .S(y2's new policy that each branch of the bus- iness do Ita own legislating. Un- der the regulatlo}! adopted la$t week a dance Unit ilkiay iiot iAo more than two iHtMup ;^roM any on^ hetWork or lociiil station duribK the week. In any event the tnaxinium number of programs al- lowed from a apot is fotir per Wecki with jthe l)an<ta itaa t» dlioose their brbadrd»itr^ itllliuio# - ilt'.'^lNmg: as \i isn't't<i<2 n^^.-tam[tiiiim:V^^^ a week. ' ■"'■"' ' ' ' ■ ■ Networks have expressed them- selves ati favorably dispose toward tha rtite. tt relieves ttiiiin of ached - ule olil|t,'atlons and permits them to crive ibe listeners a wider vari- ety <if li.inds. In the case of the CBS ArtlAts' B|ur«aa, Mfticularly It's a decided advantage. Columbia will be able to dispose of inore wires to hotel and cafe spots and also be able to take care of more bands that elect to book through It. Union officials averred that last week's meeting of bandmen was called to anticipate a similar re- ^^ricttye nlove which NBC bad un- der consideration. Organised dance units of mlnof repute, they said, had been complaining that the fail- ure to obtain network Or major local stattoo releaefts p^ced them at a disadvantage iN^h«n St «imr to selling themselves on hotel or cafe Jobs. By drawing a line as to the number of broadcasts a week, this Allegedly unfair . practice could be elimiftated And pi^i^W aVary band' would«M' on the air. v .-.J"- As a matter of fart, pointed out the local, 802 officials have been violating the Union's rule which de- mands that the hotel and ckfe hahds cblleet $3 per than for all broadcasts. Underlying purpose of last week's meeting was to get the bands to decide how many brQa4- casts they w^rt imeni^ble to giSrtng These otneials dhicottntied the rail- roading allegatioh; Every dance leader In New York afflilated With the union. th«y sal^,. Iiad-. hcen in- vited to the mecti%,' tAiMl H those most conrrrned 'with malnt.ting their present status on .the air r ho.ve to i^'nwre tfllll/ iMfti tM WM ^Hth^lrg,' ■ ■■■■';■;>: ■^"■■'Z '^v.^- Band Shifts Wttsburgh, Restiessno."=s of biind situation at William Penn hotel exemplified again with withdrawal of Jack Ilei- tis' crew after four weeKa In f*^vbr of Paul Pendarvls; wi»b i*turn*>ta, Chatterbox Mond.iy (12). I'endaryljjl was at the I'enn for <'oiipIe of months this summer. Jerry Mayhall . followed him in with a local >and and wh^h May- hall decided to become musical di- rector of A Ivln theatre, the hostelry signed Pettis. Latter had to use Mayhail's men for three weeks, due, to a contract' with mu^lclans^ local pettis. who haa been yH>^tkllng he- twisen William Penn and exclusive outlying epot. Towne Club, win con- tinue at latter place. Pendarvis re- ^pip.mMjM'liiiMhfi^.'^fe^ r ■ Lcipex; ''$llMrlniiig: ■: B. vei ly nill^^,' N<.v. j. Vinreiit I.'ijxz rinsed bis eji^'.'igo- ment at B<-verIy VVilsbire hotel Sun- day. (4) and goes on tour. First.etop ii Cttsliiib Ga)*deiis at beach fojir one night <4}. Hostelry not dniUed yft on lA-: cdminir':combo. - . '''■■.■■'.[•^^'S:.-. Hr publicity ma^n,: aseo* cl»t«# #itK |»arnnhfMint-lSetr(filt I at ret, and infire rei-ently with fie^i- Olsen as liis i>!«s- rep, ha^ bccolM a partner of < \ I\ Mctntyt*-fi '1^1^. jpvbilcltjr.. agency*- ■ ;■ Xr'■■ \V- '„;*^. >