Variety (Mar 1936)

Wednesday, March 25,1936■ MUSIC VARIETY 47 Uustry Sees Probable Sheet Music Return in Woolworth s New $1 Top Music business sees In Wool- Vbrth's possibility of going: Into the '20c' \o $1 retail- business a strong ' Visibility tor the-Return of sheet music-to the former. nve-andrdlme 'chain Stored Already In Canada the Woolworth syndicate Is i retailing -■beet music at 26c, and 35c, with the -chain store requesting the music Jobbers to make as much of ttavall- i able at the two-bit price, excepting of cpurge the iiigh-claSs production, ^tuff :wtilch must vatall at 35 c or, three for $1. . Tin Pan-Alley has always; rooted for the return of sheet music to the * large; Woolworth chain. Ever since ''sheet music went up from its old dime retail price and Wool worth's ; . oU ated it, such things as 1,000,000 ■ 4n< j 2,000,000 copy sales of song lilts * have been few and far between. Un- der the Woolworth aegis and . Its large. outlets they. were quite com- monplace and that was the period of the music business' greatest pros- ipetftyV .. MubIc men for years have been •urging Wool worth's to reinstate ttt'uslc. They've pointed but that Woolworth's benefited more from the inusic counters than the mere retail merchandizing,. because their .pianos <rcere. always parked in the ^farthermost recesses of their stores, or in the basements, aiid; always at- tracted -the shoppers far back Into -the stores,' to the advantage of * other counters. MPPA Collects $14,000 for Feb. transcription^ Expects 25G in March Music Puhllshe'rs'Protective Asso- ciation, last week' .distributed 1 among copyright j o\vn$v&: $14,000 collected during ^briiary. from transcription .^ource.Si.' ' Indications are that, ,the '• ; ?'c'u'rVent:m9ntfi"wi^\brins;tte : MPPA . at, least; $25,000 in radio .disc royal- ties, which.' will establish a record .h'jgh, . ',. . By April' 1 - the organization ex- pects to collect $10,000 on the Dodge platter campaign and a somewhat larger sum on the latest recorded series / bankrolled by Chevrolet. MPPA's distribution for January •Was $12,00C. Music Notes Shep Fields opens at new 'Hotel terre rqof, New York, May. Ben' Pollocks orchestra opened at the Greyhound, Louisville, last -week. : Joe Sanders orchestra due back tor the- Blackhawk, .Chicago, early In April, Harold Arlen and £'. Y. JIarburg .penning numbers for Warners 'Stage •Struck.' Frederick Hollander scoring Para- mounf s next for Gladys Swarthout, 'Let's .Get Divorced.' Art Schwartz swinging through Arizona and Colorado to establish music counters for Warner ditties, Sam Stept and Sidney Mitchell completed 'Hidden Valley,' to be published by Sam Fox. Tune is fhemer for Buck Jones' 'The Phan- tom Rider,' tl serial. Berriie Cummins orchestra will Play , the Edgewater. Eeach, Chicago, this summer. Leaves the hotel May 1 for some one-nlting and then re- turns In June for the season. Charles intz has closed with ham Pox Music Co. to use group of musical compositions from Fox and -Movietone cat ak>gs. Numbers will »e used as theme song* for ro- cucer's cartoons. EUGENE WEST'S CO. Eugene West, songwriter, has Rone into music publishing biz in- dependently. | His own first two Issues are 'The wSr\r R ! nes the Qon *.' tie-up * th .-\rajor Bowes. Amateurs, and •m-2 .* tx Dem qcratic Partv.' Both by Wf>sti Henry ye - : nd - °e i i Ganise. Report Mpls, Symph After Kostelanetz; $25,000 Job Minneapolis, March 24. Local association is reported dickering with Andre Kostelanetz to succeed Eugene Ormondy as con- ductor of the Minneapolis Sym- phony orchestra. Post pays be- tween $20,000 and $26,000. Ormondy goes to the Philadelphia Symphony. S-B PAYS DICK MYERS $2,500 FOR INFRING'M'NT ic'hard Myers last week received $2,500 from Shapiro, Bernstein & Co. In settlement of his claim that the melody, of 'Red Sails in the Sunset' Ayas an infringement on a. tune, ' rom Now On,' which he wrote some 15 years ago. The song was part of the score of 'The. Street Singer,' which the Shuberts had produced and copyrighted. Shapiro-Bernstein discovered the similarity before it released the British' import,.'Red Sails,' and made a clearance deal with the Shuberts. Myers ' subsequently advised the publishers that his rights, were also involved and that a separate deal would l.ave to be made, with hi Sheila Barrett's Dates Hollywood, March 24. Sheila Barrett, now In the Rainr bow Room iri JJ. Y., comes to the Coast the end qt April, where she plays one. week at the Orpheum and then goes into .the Clover club beslde-s going on the Bing Crosby program May 2. Bookings made by Charles and Leo Morrison, who are not related. Books Cincy Hotels Cincinnati, March 24. General Program Service, recently formed to book talent for broadcast- ing and appearances and working with CroSley's WLW and WSAl on radio, signed last week to supply bands to the Netheriand Plaza and Gibson, Cincy's ace hotels, tor the summer season, starting April 10, Combos, not yet announced, will be picked up by the 500,000 Watt WLWi Versailles Bunch Taking Over House of Morgan Johnny Borgiani, Nick Prounis and Arnold Rds&field of the Ver- sailles restaurant are taking over the House of Morgan, N. Y., now In a 77b reorg. Harry Kannen, who founded the nltery for Helen. Morgan, will par- ticipate on a profit-sharing basis in exchange for" turning over the room to the Versailles syndicate. Composer's $7,000 Suit St. Louis. March 24. Irving Rose, musical director of KWK, is defendant in a suit for $7,000 damages filed in Circuit Court by F. Kenneth Albrecht, songwriter, .who alleges Rose wrongfully used 34 musical arrange- ments composed by Albrecht. Peti- tion states Albrecht, between Nov. 28, 1930 and May 1, 1931, wrote and orchestrated musical arrangements of popular songs to which he had exclusive title. Rose, according to petition, copied them into Ills own books and played them over various radio stations without Alb,echt's consent. Suit asks $1\000 actual and $5,000 puni- tive damages. Morrison Sues Jarrett Chicago, March 24. Morrison Corp. of California (Leo Morrison) has filed suit here against Art 'Jarrelt, asking for a permanent injunction against his working for any other management and an accounting on previous bookings. Morrison claims Jarrett broke an exclusive representation contract, Jane Williams, formerly on the Campbell hour with Dick Powell, debuttcd as a nitery entertainer 14-st week at the Hotel Commodore. N. Y., with Johnny Johnson's or- chestra. Most Played on Air To familiarise the trade icith the tihies most on the air arou.id Tfeio York, the folloicing is the listing of the songs most played on the cross-country networks last week, in relative standing, according to the y-appr animate number of combined' plugs on WJSAF, WJ-Z, and WABC. Let Yourself Go .Goody Gopdy Let's Face the Music It's Been So Long Lost All My Eggs in One Basket I'm Shootin' High If You Love Me Cling to Me West Wind What's Name of that Song Lovely Lady Wake Up and Si Alone Breakin' in Pair of Shoes Gonna' Write Myself a Letter Lights. Out Touch of Your Lips -Yours Truly is Truly Yourf You Hit the Spot Every Minute of Every Hour Rendezvous in Honolulu But Where are You? Melody from the Sky So Thi is Heaven ASCAP Applies for Change of Venue In Tacoma Hearing Tacoma, March 24. State Supreme court has ordered Judge D. . Wright,. pf Thurston county, to show cause' at a hear- ing March 27 why he should not. transfer the case of the State of Washington against the American Society of. Composers, Authors & Publishers to Judge John M. Wil- son, another Thurston county judge.. Judge Wright in a hearing last year restrained ASCAP from oper- ating in the state, and ordered a receiver appointed. The state charged the Society with monopoly in selling rights to music and writ- ings to radio and theatres. Judge Wi-ight refused to transfer the case at a recent hearing. Committee Sets April 15 Stop Date for Copyright Hearings; Chances of Action This Session CAMPBELLPR0P0S1TI0NS SPIE R FOR U. S. FIRM Jimmy Campbell is en route back from the Coast to open an Ameri- can branch of Campbell-Connelly and Cinephonic Music Corp., both London music houses. Campbell has approached Larry Spier, general manager of T. B. Harms Co., to or- ganize the U. S. adjunct and assume a partnership interest in the new business. Spier is also financially Interested In T. B, Harms Co., Warner Bros, subsid, In partnership with Max Drej'fus and Jerome Kern. Sam Stept and Eddie Moran, lrtter Paramount scenarist, have written 'Double Talk Song.' Rqb- blns publishes. Wont Fight Petrilio NBC Gives Up Band Biz in Chicago as Not Worth Court Action—CBS Undecided : . 4 — ; NBC Artists Service proposes to j TITS F NftT fftPYRfGHT wash up its band booking business HV1 VVi 11UUE11 in Chicago by the end of this month, while t'B.S hasn't decided whether also to call It quits or re- sist the demand made by James Pe- trilio,. head of the Chicago musi- cians' union, that all network band business in that area be submitted him for approval. Although it be- lieves that Petrlllo's order is op- pressive and could be overcome by resort to the courts, NBC figures court, that the little band revenue it takes out of Chicago wouldn't make the effort worthwhile. CBS' baiid hooking department in Chicago is still operating with the setup unchanged. Petri!lo's differ- ences with the networks op local band bookings came to a head last month afU;r he had obtained from Little Jack Little an affidavit re- garding the circumstances of the latter's engagement at the Con res« hotel. CBS had imml!^-«J. the Little I booking. otic* Furthermore, it is very doubtful if such legislation would be held valid by the courts, he said, since the. Constitution gives Con- gress the right ( to protect creators, put riot interpreters.' ''There is .no . way to covet gesj« tures, nuances, tenipos and. inflec- tions,' Kaye. explained, 'This bill places an enormous premium on be- ing the first interpreter. To attempt to extend copyright to such riebu* lous things Would be disadvanta- geous in the extreme, not only to broadcasters, but to authors and composers.' A lengthy array of complaints, about the Sirovich bill was inserted in the record, by Kaye, who said th substitute measure sponsored by the committee chairman contains damage provisions 'even more oner- ous than those in the act of 1909,* goes to extremes in protecting non- dramatic- works and musico-dra- matic works, and closes " the door on American entry into the world copyright union. Licenses fot Parlor Under the Sirovich bill, speakers at high school commencements and members pf Congress would . be compelled to obtain licenses, before quoting various writings In their remarks, Kaye pointed out, while members of the^;House would be in danger. of . Infringement suits for singing numbers from operas and musical comedies in their baths. He focused attention on a clause in the .Sirovich measure which .-pro* hlbits even private performances without licenses', saying this would bar families from gathering around the piano to have a song-fest. i roadcasters feel the Duffy bill corrects inequities in the act. pf 1909 and the Paly.and Sirovich.bills are even more disadvantageous than the 19.09 law,' Kaye summarized. 'The only thing a copyright bill should do is bring the act of 1909 into conformity with the actuali- ties of 1936.' A detailed picture of the perform- ing rights problem" was sketched by Caldwell, .'who emphasized that ; broadcasting Is a hazardous busi- ness and denied the industry is un- der control, of monopolies. Asserting that ASCAP is not the sole licensing agent and does not give full, protection against litiga- tion, the X.A.B. counsel touched oil the controversy between grand and small rights and the lack of infor- mation about holder of copyright or , performing rights to various pieces. He pointed out that since 1909 a total of 470,000 compositions has been registered" here, plus. 226,000 unpublished numbers, and quoted frohi testimony in Canada by JB. C. Mills, ASCAP general manager, to the. effect that, there are 16,000,000 pieces of music in existence. Broadcasters cannot'rely on pub- lic domain music, Caldwell told the lawmakers, since numbers on which copyright has expired either are not generally available or have been recopyrighte'd by arrangers who control the various adaptations; He said, 'The public domain music is somewhat of a mirage' and although there is 'a great wealth' of mate- rial in this category the Industry must have current tunes in order to c&ist. The principal difficulty confront- ing broadcasters Is in finding out what pieces are available under ASCAP licenses, Caldwell declared, pointing out that because of uncer- tainty accidental infringement oc- curs and Innocent users are in , danger of $250 penalties: Los Angeles, March 21. • . xKfe ASC AP repertoire is vitally Refuting charges of. copyright inr | important to the continued* exig- ence of the broadcasting industry and an ASCAP license- is essential,' the attorney averred, 'but If the Washington, March 24. Fading hopes of enacting copy- right revision legislation at the cur- rent session of Congress were ma-r terlally revived Monday (23). when the House patents committee agreed to wind up prolonged hearings on modernizing bills April 15. As. advocateis of abolition of the $250 minimum infringement pen- alty rallied against the' committee leadership, the patents group voted to put a gag on long-winded speeches by members and to hold witnesses to a stringent time sched- ule which will permit' closing, of hearings a week ahead of. prevous plans. Under, this arrangement, supporters of Duffy bill hope. there will be ample time to get legisla- tion; before the; House, obtain a vote, and straighten out differences With the Senate. In an effort to overcome ob- stacles, committeemen agreed to appoint two or more subcommit- tees if necessary" to hear all re- maining witnesses and to begin work Immediately on redrafting Duffy hill. Supporters of the mod- ernizing measure also indicated a willingness to make numerous con- cessions in order to speed up con- sideration and prevent legislation from being caught in last-minute rush for adjournment. With the present session of Con gress now -likely to continue until the middle or end of May, chances of whipping copyright legislation through the House are much brighter than they were a- week ago when the committee appeared to settle down for an indefinite se- ries of public gabfests. Broadcasters riddled the Daly and Siroyich bills, proposed sub stitutes for the Duffy measure, at last week's hearings and entered further arguments in favor of wip- ing out the $250 .minimum damage clause.: Declaring the broadcasting indus- try would not be relieved of any obligation to pay for performing rights if the Duffy bill passes, Sid ney M. Kaye and Louis G. Caldwell, appearing as special counsel for National Association of Broadcast ers, told the Houee group that the Daly and Sirovich measures con tain numerous features which are even more objectionable to. the in dustry than the existing antiquated statute. They reiterated. that ASCAP would be 'adequately pro- tected' if the Duffy bill is enacted pointing to strong alternative en- forcement provisions as preventa- tive of piracy. The Daly bill 'introduces a wholly novel and revolutionary theory that Is not found in any other country' by attempting to extend copyright protection to in terpreters and performers, Kaye as sorted, predicting that such an ex- periment, would create a- condition that can be described only as cha INVOLVED, KFI CLAIMS fringement and asserting that court was without jurisdiction, Earl C. Anthony, operator of -KFI . and KECA, filed answer in T". S. District to complaint brought by T.temick Music C'r.rp. Answer .as- serted controversy in suit did not arise under copyright la'ws but in- volved question of • title between American Society of Composers. Authors and Publishers, Remlck and writers of song, 'Whistle and Blow Your Blues - Away.' Anthony denial >-\\<-A that station was lic-nscd. by A.SCAT to broad- cast tunes contained in its catalog, and invl'-ted Tl^rnick charge that j ivir.f had he°n y»eii without license I was made in bad finih. Warner Brothers' claims- are right that repertoire has been reduced by 20%-' •The ASCAP 'black book.'only in- dication given 'broadcasters' about what Is covered by Society licenses', contains-41,000 namies, Caldwell ex- plained, but expressly avoids any guarantee as to ccwipleteness and includes names of Iflhfthors who be- long,to foreign societies with which ASCAP has n<« Wfcip'rocal.- agree- ments. He said 'the. list which the broadcaster gets contains many namfcs of authors whose music ht (Continued on page 50)