Variety (Apr 1939)

38 VARIETY MUSIC—PAMCE BAWDS Wednesday, April 5, I939 Drastic Melchionre BiD in Committee; Levy, Rosesbamn Call It Unwise Philadelphia, April 4. Drastic measure to outlaw ASCAP has been introduced in the Penn- sylvania state legislature. Secrecy, surrounding if ha? radio stations, nitery ops, theatres and other inter- ested parties almost all unaware of its introduction, although it was re- vealed this week that If was actual- ly placed in the hopper two months ago, Feb. 6, and referred, to the ju- diciary general committee the fol- lowing day. Bill was introed by Rep. Charles Mcichiorre, of South Philadelphia. Entiiely unfamiliar with ASCAP, he told VAniETT, the operation of the perfoirming rights society was brought to his attention by a small tap room owner in his district Op- erator of the boite, an Italian, was incensed to receive a bill for $60 from ASCAP. He took the matter to Melchiorre, who promised to. do something about it for him inasmuch, Melchiorre said, as the man didn't have $C0. And so was born Pennsy's anti-ASCAP bUL The measure, prepared by the Legislative Reference Bureau, maintained by the legislature to draft bills, is similar to ASCAP acts in other states. It provides for the establishment of an office by the secretary of the Com- monwealth in which authors could register their works at 25c each They would then specify on the sheet music or record the selling price. In this would be Included the roy- alty. Melichiorre explained to Vabiett 1 feel that authors and composers have a perfect right to royalties on their work, but ASCAP is entirely unfair in the disproportionate amount it assesses, especially on ■ owners of small taprooms who live •t best only from hand to mouth. *My idea is to give the author bis royalty when the music is bought. If sheet music now seUs for 3Sc, under the bill I Introduced, the price could be increased to 40c or 50c or 7Sc. The additional money would go to the author, with the publisher get- ting his fee out of the original sell- ing price. Then, once the composi- tion has been purchased, it may be used freely anywhere. There is no double payment as at present when a royalty is paid once when the mu- sic is bought and once again when it is played.' The bill seems to have very little support here, particularly in view of the lack of publicly It has received. Melchiorre is determined, however, that it wHl not die in a committee pickling vat and is prepared to de mand this week on the floor that it be released. He Is particularly determined to get it out since he feels H. A. Brown, local rep of ASCAP,' has been unsympathetic in adjusting levies on tappery owners, such as the ones In his district Nitery ops queried here were, on a whole, in favor of Melchiorre's bill. InQuential leaders in the radio industry,' however, were definitely against it Dr. Leon Levy, prez of WCAU, declared: 'You can't get something for nothing. Authors must get their royalties and there is noth' Ing, as far as we can determine by a careful study of the law, to prC' vent them from naming an agent like ASCAP to collect their fees for thcin. Anyone who takes advantage of tlie Melchiorre bill, if it should be passed, will probably not only have to pay-ASCAP anyway in the long riin, but will also have to pay lawyers' fees.' Samuel Rosenbaum, prez of WFIL and of the Independent Regional Network Affiliates, was just as em- phatic in bis disapproval of the bill. 'It wjU be unwise to fight ASCAP with any measure such as this,' he stated. The actual complaint of Mr. Melchiorre's constituents is not a matter of law, but of business. It merely requires ain adjustment of the fee nearer to what the user of the music wants to pry, a matter of bar- gaining.' Melchiorre's bill charges that *under the guise of copyrigh.s there has grown up price fixing com- binations, monopolies and pools in connection With making available for public use copyrighted vocal and Instrumental musical compositions'.... and results in the use of copyright privileites as instrumentalities of op- pressiot. and extortion.' Act r,\akes it illegal for any per- forming rights society such as ASCAP to operate in Pennsy under penalty of fine of not more than $5,003. Th's also applies.to out-of- atate groups George VI in Song Mills Music, Inc., tied itself in on the forthcoming visit of the British King and Queen with the publication of a new song. It's titled 'A Toast to the King and Queen.' Title page contains a photo of Their Majesties by permission of the British Travel Association. WM. MORRIS HAS 24 BANDS With a complement of 24 bands, which it gathered since Inaugurating its band department—only one of which was not picked up intact—the WiUiam Morris agency has signed Bob Zurke, pianist with Bob Crosby's outfit and will build a band around him. He will. leave Crosby within the next month. Ed f isbman, head o^ the Morris bend dept, claihis to have Zurke's contemplated outfit already signed to a recording contract; with whom was not disclosed. John Philip Sousa 3d's outfit is the only one of the 24 which the agency had a hand in building. Band Bookings Glen Cray orchestra, Sunnybrook Bfllroom, Pottstown, Pa., April 8; Rltz Ballroom, Bridgeport, Conn., April 9; Bellevue StraUord Hotel, Phila., 10; Masonic Temple, Roches- ter, H; State Armory, Elmira, N. Y., 12; Armory, Oneida, N. Y., 13; Arm- ory, Amsterdam, N. Y., 14; Arena, New Haven, 16; Boston, 18; Bucknell U., Lewisburg. Pa., 21; Arcadia Ball- room, Brooklyn, 22; Hill School, Pottstown, 28; Broadwood Hotel, PhUa., AprU 29. Pinky Tomlin orchestra, U. S. Grand Hotel, San Diego, AprU 12; indefinite. Ben Cutler, Book-Cadillac Hotel, Detroit, tomorrow (6); indefinite. Joe Ricardel orchestra, Garbo Restaurant N. Y.. AprU 1, indef- inite. Gray Gordon, Binghamton Police- men's Ball, AprU 14; Lakeside Park, BarnesviUe, Pa., 15; Rocky Glen Park, Scranton, 16; Roosevelt Hotel N. Y., 18; Auditorium, Holyoke, 27; Glen Island Casino, N. Y., 28; Mont- clair, N. J., GoU Club, AprU 29. WHAT IS NAME BAND?-PENNSY ANSWERS JHterbng Promoters Get Heclded by Vibrating Brigade; Nab Pickets ' Omaha, AprU 4. Omaha's Jitterbug Jamboree got jammed with picket troubles on clos- ing night after week's run here Sat- urday (1) when contestants, most of them local high school femmes and boys, picketed city auditoriums. State's anti-pickethig law hauled them to poUce station, where troubles which started Thursday got an air- ing. Trouble started when one con- testant lost a coat got bigger when contestants claimed they were get- ting gypped. A guarantee of .$14 per week was interpreted by them to mean tips and ptize money extra, but promoters coimted extra as part of guarantee, they claimed. Seven pairs of 'bugs* were escorted out by poUce, paid their way in and heckled the remaining contestants. They were tossed out second time and then picketing started. On the Upbeat Freddie CasUe's option picked up at Rltz hotel's Club Petite, Pitts- bui'gh, for four additional weeks. • Barpn. Elliott band booked for opening of Kenny wood Park, Pitts- burgh, season AprU 22. Network Plugs, 8 AJW. to 1AJVL FoIIoutnor U a totalization of th« combined plugs of current turiea on NBC WEAF and WJZ), and CBS iWABC) computed /or the week from. Monday through Sunday {March 27-4pril 2). ToUU represents accumulated performances on the two major networks from 8 a.m. to 1 a.m. Symbol • de- notes yilm song, t iegit, all others are pop. GBANO TITLE. PUBLISHER. TOTAU Deep Purple '. ••Robblns '47 Heaven Can Wait Remick ,,. 44 Little Skipper....... Feist 39 Moon Is a SUver Dollar ; Robblns 37 Gotta Get Some Shuteye Berlin'. 39 Penny Serenade .' Shapiro 34 I Get Along Without You Very Well Famous 32 Masquerade Is Over. • • • • Crawford 32 We've Come a Ijong Way Together Feist 32 Hold Tight > Exclusive 30 Our Love.... Chappell 29 This Is It...tStars In Your Eyes. ChappeU 29 Could Be.... ....Santly «27 I Cried for You MiUer ; 27 Little Sir Echo Bregman 2S I Want My Share of Love. Harms 23 Begin the Beguine. ;■..Harms' 22' I Promise You ^ ABC 22 It's Never Too Late Berlin 22 Sing Song of Sunbeams...*E^t Side of Heaven. Santly 20 Good for Nothin* But Love. Witmark ,. 19 I Long to Belong to You Red Staf 19 Sweet Little Headache... 'Paris Honeymoon.... Paramount 19 Funny Old Hills... 'Paris Honeymoon Paramount Honolulu...'Honolulu .Bregman .. It's AU Yours...tStars in Your Eyes ChappeU .. Step Up and Shake My Hand Famous ... Don't Worry 'Bout Me... tCotton Club Revue.... MUls ... 16 ... 16 .... 16 .... 16 ... 15 I_Have Eyes.. .'Paris Honeymoon Paramount 15 -■ ... 15 .... 15- ... 14 ... 14 .... 14 .... 14 .... 14 .... 12 .... 11 .... It .... U 10 .... :io ... 10 .... 10 10 .... 10 This Night.. .'Honolulu ;Bregman Umbrella . lilan .' Harms Chopsticks Shaoiro ..... Cuckoo in the Clock Berlin ,. Have a Heart ABC I'm Building a Sailboat of Dreams Shapiro Tears from My InkweU Witmark .... My Heart Belongs to Daddy...tLeave- It to Me.. ChanoeU .... Poor Pinocchio's Nose. Green Bros.. Romance Runs in the Family Ager Tain't \Hhat You Do Leeds How Strange...'Idiot's Delight Feist I Go for That...'St Louis Blues... Paramount .. If I Had My Way Paul Pioneer. It's All So I«ew to Me.. .'Ice Follies Feist Night Must FaU Marks Patty Cake , ........Fox Don Bavcl . Orchestra, Inc., has been chartered to conduct business of organizing orchestras, bands in Manhattan. Meyer Shapiro, Irving Davidson, Frances Walasin, 51 Cham- bers street N. Y. C, are directors. Capital stock is 200 shares, no par value.. PhUadelphia, April 4. FoUowing considerable confusion here as to who is the 'employer' of members of an orchestra and who, as a result must pay social security and unemployment compensation taxes, the Pennsy Unemployment Compen- sation Board has issued a° clarifying interpretation. Distinction made by the board is that in 'name' bands the leader, op- erator or owner of the band pays the tax. In "non-name' bands, the em- ployer of the musicians Is considered to be the dance-haU proprietor, the sponsors of a party, night club owner or whoever It may be who hires the band. The person he deals with to get the musicians is considered only a 'contractor,' and it is held immate- rial whether or not he plays in the band. In determining what constitutes a name band, the interpretation says the mere adoption of a name' by an orch means nothing. "The chief char- acteristic distinguishing a name or- chestra from a non-name orchestra is the permanency of the organization and the personnel performing in the orchestra. In general, an orchestra will be considered a name orchestra when. In addition to being designated by a name, it has a fixed personnel extending from engagement to en- gagement and holds itself out to the pubUc as a permanent business or- ganization. Name orchestras may also be distinguished from other or- chestras where the leader of the or- chestra contracts with the members thereof for their services at a fixed salary, either by term or by en- gagement, and where the leader is liable for tlie payment of such salary without reference to the discharge of the purchaser's obligation.' SimUar study Is now being made to cover acts. As in New York, there Is a difference of oninion as to whether the booker or the 'purchas- er' should pay the taxes. MCA Sends Peace Mission to Mollify IMonopoly'-Crying Philly Unionist Politico Salute Chicago. April 4. Orchestra leaden currently on location bet* are dedicating at least one number m night to Chl's Mayor Kelly. It's at the request of James C. FetrUlo, head of the Chicago local of the American Federation of Musicians. In asking the leaders to com- ply, FetrlUo explained It wasn't necessary but that 'it would be • fine gesture.* MUSICIANS RODT THUGS Bill Roberts into Persian Room of Hotel Sir Francis Drake, San Fran- cisco, AprU 13, foUowing Carlos Molina's b^nd which goes to Chicago. Roberts has been playing in the Per- sian Room during the cocktail hour. Band will increase to 10 pieces and broadcast. over Blue and Red Net- work when it takes over Molina spot Eddy Duchin set at Waldorf-As- toria for eight weeks starting Jun^ 2. At Kavelln orchestra comes into New York this week from Pitts- burgh to cut fvr Brunswick and Muzak. Enrico Aladrlenera opens at the Pierre hotel, N. Y., May 4 for an iudeOnite stay. SUE TICK TOCK RHYTHM' MAESTRO ON PATENT Albert H. Wolsfleld, known' as Al- lan Fielding and Al Fields, filed a Federal court action in New York yesterday (Tues.) against Gray Gor- don, the RCA Mfg. Co.. Inc., and Na- tional Broadcasting Corp., claiming infringement of his patent for 'A Combined Clock Face and Metro- nome.' Gordon is claimed to have used the device Pt Edison hotel in New York and RCA of having made records with Gordon's "Tick Tock Rhythm Orchestra.' NEC is accused of hav- ing broadcast the music of- Gordon using the same device. An accounting and an Injunction are sought - Cleveland, AprU 4. Using • podcet-knife ' to defend himselt, Cletus Muenker, 21, orches- tra leader, helped rout two stick-up men armed with a gun and kiUed one of them during a free-for-aU fight in his car. Muenker, Robert Finley, his drum- mer, and pianist Remington Arnold were sitting In front of Canteen Cafe after a job when the gunmen jumped them. Latter had just stuck up the cafe and wanted to use musician's car for a getaway. One shoved a gat in Arnold's face when he refused to pony up his wallet but drummer made a pass at him. Only thing that saved him from being blasted down was fact thai the revolver's hammer came down on his hand instead of on the cartridge. WhUe two of the tune- smiths were beating up this yegg, Muenker pulled out knife used to trim his sax reeds and slashed the other mugg across the face. Then he stabbed the No. 1 trouble-maker in the leg, cutting an artery so se- verely that he couldn't jump out when the car stopped. His friendi booted out of the car, pulled him. out and then ran away. By the time police got the No. 1 gunman to the hospitol. he had bled to death. He was identified as Leon- ard Kocian, 19. KiUing was termed justifiable by poUce prosecutor. Cops found Kocian's pal, known as Edward Skiba, the next day in a pool hall through a card found in dead man's pocket Orchestra boys emerged from fracas with only mUd PhUadelphia, AprU 4. Squawk last week that Music Cor- poration of America and ConsoU- dated Radio Artists hold a monopoly on network time for remote band broadcasts brought • peace mission from MCA over the week end to see Rex Riccardi, secretary of the Mu* sicians' union here. 'Riccardi com- plained that it was Impossible to get a. network line into the Walton Roof here because Joe Frasetto's band, currently there, isn't' under MCA or CRA management He said they pay a lump sum to the webs for' late eve- ning time and unless they give the okay the networks are of the opinion a band isn't good enough to be aired. Lou Mindling and Bbrt McHugh canie to see Riccardi to assure him that everything could be worked out The orch will probably go on the Mutual web, Riccardi said, un- less - Jack Lynch, operator of the Walton Roof, demands NBC or CBS, In that case, Riccardi declared he would continue his battle. Frasetto's crew made a one-time appearance on CBS a couple weeks ago and wasn't renewed. Lawrence Lowman, v.p. In charge of opera- tions, said at the tbne he didn't think the orch strong enough for the big time competish it faced o.n Satur- day night Riccardi termed that just a. subterfuge. Tooter secretary declared his whole interest' was to equalize em- ployer competition, because the Ben- jamin Franklin hotej has an MCA traveling band and gets a line, while an employer who hires local musi- cians Is left in the cold. Andy Kirk's Double Date Andy Kirk orchesti-a plays and gets paid for two onc-nighters in the same' evening, AprU 15, at Flint Michigan. Band is set for General Motors employe shindig, playing from 0 to 12:30 for white hoppers and 1:30 to 4 a.m. for colored. Outfit leaves Saturday (8) for two months of one-time stands through the midwest and New England. ' Emersfon .GUI goes Into ' New Penn, Pittsburgh, April 8, for in- definite engagement Placed by Joe Hiiler for CRA. casualties. Finley had a blood.blister, in. his right palm where the gun' hammer pinched It Muenker suf- fered a scalp cut while Arnold was uninjured.