Variety (Oct 1936)

Wednesday, October 7, 1936 MUSIC VARIETY 45 Ballads, Torches, Swing Tunes May Be the Next Thing in Madam's Dresses Women's dressed -wall-paper, car jets and linoleum will serve as the inspiration source for melody if the manufacturers of these products be- come' parties to the copyright licens- ing deal which was closed last week -between John G. Paine, as trustee for music publishers, and Byron G, Moon, head of the advertising agency of the same name. The contract gives Moon the exclusive rights to the music. industry's latest possible source of by-product income. Originator of the idea thai Moon has set out to promote Is a textile designer, X/lrs. Jean Arnold. She be lieves that by putting certain designs in the right progression on a. piece of textile or wall-paper it is .pos sible to- create the same melodic reading as would be had from a sheet , of musical manuscript. , The tipoff to the tune would be in the design's 'tnotif-. and.. all that would be necessary tbf interpret the melody is a rudimentary ability to read music. J For-every tune that Moon converts 'Into .a'design; he will pay the copy- . right owner 10%. of the gross royal- ties he 'collects from the manufac- turers. If a design embodying the theme, Tm Forever Blowing Bub- bles' brings him $10,000 ior its use In dress goods, and wall-paper, the publisher controlling the tune will 3et $1,000. Moon also assumes the expense tof. prosecuting any manu- facturer who adopts the idfea without ■' trst obtaining the required musical license.,. lif the event * manufac-' furer t contends that a copyright owner has no property Tight in a musical theme which has been made i part of a textile or other kind, of design, it is ,up to Moon to shoulder Hemitk 'Presents From "Culu and Mabel" I'LL SING YOU A THOU- SAND LOVE SONGS CONEY ISLAND e BOY MEETS GIRL SING A SONG OF NON- SENSE. DON'T KISS.ME GOOD- NIGHT REMICK, MUSIC CORP. 1260 Sixth Avenue BCA Bldf., N. X. FLASHES ANNOUNCING The New Song Sensation 'THE WORLD IS MINE (Tonight) Featured by Nino Martini In the. Plokford-taflky Production THE GAY BKSrKRADO" A United Artists Aeleam SAM FOX PUBLISHING COMPANY I 3SO SIXTH AYEMUt OCA BUILDING RAOIO CITt New YORK the entire costs of taking the issue through the courts. An illustration as to how Moon intends to develop his rhythmic de- signs follows: If the tune selected is Sailing, Sailing,* and the use of it is as wall-paper, the design will be that of a sailboat race, with the ships placed in the same relation to each other as one note would be to an- other were the same melody ex- pressed on a sheet of paper. The Moon agency is responsible for the exploitation, of the sanforiz- ing device in the textile field. This method of treating cloth is bringing Qluett-Peabody, which owns the patent, over $1,000,000 a year in royalties. CAMPBELL OUT OF LONDON C-C London, Oct. 6. Jimmy ; Campbell bows out of Campbell, Connelly & Co. as of last Saturday (3), when the contracts were formally signatured. Reg Con- nelly continues operating C-C ex- clusively. , Campbell, in turn, concentrates solely on Cinephonic 'Music Corp., which now, as heretofore, continues as a Gaumont-British music pub- lishing subsidiary, only that C-C will not be interested in if as a firm. Jimmy Campbell will become sole "'managing director of' Cine- phonic and concentrate on its oper- ations which has been the case the past year or more. He is again en route to America on an exploitation campaign on be- half of G-B fllmusicals. He left yes- terday (Monday) from Germany via the zepp. Irwin Dash Music Co., subsidiary of C-C, headed by the American music man, Dash, will continue as such, being a separate entity and clicking of-late, sans any fllmusical affiliations. Both Campbell and Con- nelly are co-directors with Dash in the outfit Jimmy McHugh's Bro. Seeks Mass. Senatorship Songwriter Jimmy McHugh's brother; Representative Lawrence McHugh <Dem) of Boston, is now running for state senator from his district. McHugh is east in between Uni- versal songwriting chores, having just completed 'Top o' the Town' and gets the 'Hippodrome' tune- smithing assignment next with Harold Adamson, his new pard. Re- turns to Hollywood next week to start on call Oct. 19. "Remember' Song Denial Attorneys for. Metro and Leo Feist, Iiic, have filed general denials in N. Y. federal court to claim of Harms, Inc., for an injunction and accounting of profits on the picture 'Suzy,' Harms alleges infringement of the musical hit of the film, 'Did I. Remember.' Defendants' answer admits exploit ing the song, but both claim cer- tain rights to it obtained from Har- old Adamson and Walter Donaldson, who composed the lyric and music. Most Played on Air To familiarize the trade with the tunes most on the air around New York, the follow- ing song* were most played on the networks last- week. Com- bined plugs on WEAF, WJZ and WABC are computed for the week from Sunday through Saturday night (Sept. 27-Oct. 3). . When Bid Ton Leave Heaven? Bid I Remember? Way Ton Look ' Tonight Who Loves Ton? Bye Bye Baby • ■ ■ . . Until Real Thing Comes Along. Sing, Baby, Sing I Can't Escape From Ton Star Fell Oat of Heaven Until Today • Me and ihejMoon Mickey Mo(se Birthday I'm an Old Cowhand It Can Happen to Ton A Fine Boaaanee When I'm With Ton If We Never Meet Again Midnight Bines When Lady Meets Gentleman Organ Grinder's Swing Tou're Not the Kind . High Hat, Piccolo, Cane You Turned the Tables Sing 1,000 Love Songs There Goes My Attraction FI N D LITTLE BRIBERY Fredda Gibson new vocalist with Hudson-De Lange orchestra. Band is currently at Raymore Club, Boston. The new season ushers in an array of song hits that, from present - indications, will sweep the nation. For instance: "WHEN DID YOU LEAVE HEAVEN?" from the Dnrryl ZunucJc «0t!i Ccntary-Fox production, "Sing. Baby. Sing" "WHEN I'M WITH YOU" — "DREAM AWHILE" Announcing tlie 1 reigning sonp lilt in Engiuihl 1«<Jh;f, "SWEETHEART LET'S GROW OLD TOGETHER" "MIDNIGHT BLUE" The Big Bong hit of tbo new "Zlcgfcld FoJJies of 103G" BOBBINS MUSIC CORP. • 709 7th AVE. • NEW YORK A new tongue twlxter novelty song "PETER PIPER" Investigators for the Music Pub- lishers Protective Association re- ported to John G. Paine, chairman, last week, that they have found practically complete observation of the publishers' pledge against paying off for plugs. There have been, it was pointed out, some slips, but none of these have been of major im- portance. Investigators also turned in a list of certain orchestra leaders who are holding out against playing current releases unless they are paid $25 in advance for each arrangement. - Whatever complaints have been received by the MPPA concerning violations of the code, Paine said last week, reflected a lack of clarity in the interpretation of certain pro- visions. At a meeting of the MPPA board last Thursday (1), it was de- cided to advise the pledge's co-sig- nators by circular letter that stock clerks must be warned against giv- ing band arrangers supplies of manuscript paper. Also that it would be okay for a publisher to furnish vocal arrangements to trios and quartets, providing that such ar- rangements were to be treated as ,stock arrangements. Under this pro- vision, a publisher is not obligated to have a vocal arrangement printed. His copyist may turn out as many copies of the same arrangement as there are calls for it, but in no case may there be more than one ar- rangement of the same number. CANAVAN DROPS OUT OF 802 PREXY RACE Edward F. Canavan, president of the New York Musicians Local 802, will not run for a second term when the union holds its elections in De- cember. His withdrawal leaves Jcok Rosenberg and Zelig Liese as the only known candidates for the job. Canavan got the post two years ago through appointment by Joseph N. Weber, American Federation of Musicians prez. Montgomery Ward Buys 750,000 Victor Disks Probably a record order from a single account is the 750,000 disks which RCA Victor must supply Montgomery Ward's mail order house between now and the first of the year at the 15-lCc. wholesale price, and which M-W releases un- der its own trade name of Ward's. The disks are the Victor com- pany's Blue Bird recordings, and chiefly hillbilly and old-time tunes. MPPAs Importance in Music Biz Crows; Propose McKee as Att'y Joseph V. McKee is being favor- ably considered as the next general counsel for the Music Publishers Protective Association. Growing im- portance of the MPPA as the indus- try's trade body, as distinguished from the performing rights collec- tions function of the American So- ciety of Composers, Authors and publishers, has largely motivated the proposal of the McKee name; Mc- Kee's standing as a trade association lawyer would be fortified by his political connections in Washington and as former President of the Board of Alderman of the City of New York and its pro-tem mayor. At a meeting of the MPPA di- rectorate Monday (5) the McKee candidacy was thoroughly discussed but it was decided that there were not enough facts at hand regarding McKee's legal background" for • the board to act. In looking around for a successor to Francis-Gilbert, who has been chief counsel to the MPPA for over eight years, the associa- tions' directors are proceeding on the theory that they could get farther in bringing about , harmony and unity in the music industry if . the MPPA's legal headman didn't repre- sent individual publishers. The MPPA directors figure also that such indie counsel wouldn't have his views or judgment. colored by bis interest in various clients, Gilbert & Gilbert law firm has several music pub clients.. John. G. Paine continues as chair- man, of the . board of the MPPA, a post a'nalagous to E. C. Mills' at ASCAP.. With the MPPA now functioning over, transcriptions, recordings, syn- chronizations and, already talking up television, the former rather passive body now recognizes that like every other industry a trade code is neces- sary to stop cut-throat competition: 3 Pubs Oppose Code The proposed tabu on no payment for plugs, no special arrangements, etc.,'has brought three major music men into the open as being opposed to the strict ruling. Two of the three are frankly non-Hollywood affiliates and the other has an off-and-on tie- in wilh pictures. These publishers argue that the film music firms have a great advantage on song exploita- tion through the songs being given a natural impetus from the screen, to compel their playing by bands and usage by singers; that the non- film music firms ■ therefore need every other advantage to get plugs, such; as making a special arrange- ment for any worthwhile radio com- mercial. The Hollywood music firms have an equally good rebuttal that since the pjclure biz looks down on Tin PHIL KORNH'SER Phil Kornheiser has resigned as general professional manager of Popular Melodies, Inc., a subsid of Famous Music Corp., which, in turn, is allied with Paramount Pictures. Kornheiser is mulling one of several propositions. Unlike Famous' direct filmusical tie-in with Par, Popular Melodies didn't enjoy the cinematic hookup or •catalog, being more or" less a straight 'popular' house. Firm was formed about a year ago with Kom heiser in professional charge from the start, idea being to build up the subsid's rating in ASCAP, which has been achieved through multiple air performances, etc. Tubby Garron ha3 been brought in from Chicago to succeed Korn- heiser. Pan,, Alley, and regards the music adjunct merely for exploitive pur- poses, it would warrant the film companies to subsidize bands with cash as well as special arrangements, and yet they're willing to sign a code against paying for ..plugs. Thus the situation now stands. Radio Pings Directors of the MPPA last ( week ratified the committee which John G. Paine, chairman, had picked to study'the proposition of the MPPA financing its own- checking service on radio plugs. Committee consists of Louis Bernstein, Walter Douglas,.,'?* Sam Fox, Edward B. Marks and \ Lester Santly. Predominating opinion in the as- sociation takes the view that if checking of daily air performances is to become an industry operation, an effort should be made to take over the existing services,' instead of setting up a competitive situation. Such move would entail entering into . a financial arrangement with the Accurate . Reporting ' Service, controlled by Martin Alexander, in New York, and the kindred project which caters to the publishing trade ' in Chicago. . . Those advocating. the MPPA opk eration of a plug compilation service contend . that 'as an industry con- . trolled thing its functions could ibi extended and, since it would be op- erated-for'no profit, the lees would be considerably lower than they .are now and the number of subscribers increased. This faction also hofds. that the time :has come when the-in- dustry should, if it can render Jhe same service, take over all enter- prises which cater to the music pub- lishing business at a profit. It has not been made clear whether this in* eludes setting up co-operate sheet publishing plants. ■" .V. •i 'Presents JFrom "Stoxe Struck" Fancy meeting You In Your Own Quiet Way From "Gum of the Pecos" The Prairie Is My Home From "White Horse Inn" Blue Eyes White Horse Inn I Cannot Live Without Your Love Half of Me HARMS, .Inc. 1850 Sixth Ave. BCA Bids-., N. I. 5A« T . l JoY It's a Bl* Hit— Hie Beqaert Sonjrl "ME AND THE MOON " Sow Beady—The Beantlful Theme of Hawaii. "TO YOU SWEET- HEAR T, ALOHA" Cote—Fresh—Appealing Rhythm Novelty "OH, YOU ROGUE (\OV MO LE MY UEABT'I The 'Swing?' Sfopaa Novell; "OVER A BOWL OF SUKLYAKT' SANTLY BROS -JOY.Inc IfclQ BROADWAY ^N-V-C Tried and proven songs of the season. All Included In a catalog that comprises one of the most "sure-fire" song galaxies of all' time. For example: "DID I REMEMBER?" "I'M AN OLD COWHAND (From the Rio Grande)" "TO MARY—WITH LOVE" "IT CAN HAPPEN TO YOU" "PICTURE ME WITHOUT YOU" (From tlie picture, "Dimples," starring (Shirley Temple) LEO FEIST, Inc. • 1629 BROADWAY • NEW YORK a