Variety (Apr 1939)

^ednesday^ AprU 6, 1939 MUSIC—DANCE BANDS VARIETY 89 15 Best Sheet Music Sellers (Week, endinfl April 1, 1939) Deep Purple Robbins Penny grenade • ..Shapiro Little Sir Echo .; Bregman Umbrella Man ..Harms God Bless America ..Berlin Heaven Can Wait , Reraick Hold Tight ■ t Exclusive Masquerade Is Over : Crawford I Get Along Without You Very Well Famous I Promise You — ABC Could Be • ' .SanUy Gotta Get Some Shuteye .. ^ — ..:.. Berlin *You're a Sweet Little Headache Paramount I Cried For You Miller Cuckoo in the Clock ~. . Berlin * Indicates ]llmiisicat song. t Indicates stage production song. The others are pops. Columbia Name for American Record Co.; Brunswick Label for SS-Centers Albany, April 4. Columbia Phonograph Company, Inc., has been chartered to conduct a business in the recorc(ing of voices, sounds, etc., in New York, with Frank K. White and Adrian Murphy (onployes of CBS), among the direc- tors. Attorney .Ralph F. CoUn, 165 Broadway, is third director. White owns four shares; the others three apiece. Capitol stock is $10;000, $10 par value. Rosenberg, Goldmlark & Colin, are filing attorneys. Above incorporation represents the formal change of name of CBS' phonograph subsidiary. The Ameri- can Record Co. tag is discarded and instead of three corporations em- bracing the ARC'S various operations there will be one, the Colun*ia Phonograph Co., Inc. The latter label was taken over by Herbert J- .Yates, former head of the American Record Co. several years ago and made flie insignia of the combine's classical catelog. The indications are that the Columbia label will be returned to the popular field, re- placing Brunswick as the company's fee. p<9Ular record. • Also Slat Brunswick will take over Vocalion's coverage of the 35c. field. PHULY AFM FORBIDS HAMMOND, NOYACHORD Philadelphia, AprU 4. Ruling forbidding its members to play either a Hammond organ or a novachord with an orchestra has been issued by the Musicians' Union bere. Edict follows complaints that the Instruments liend such fullness to a small crew that they make it possible to dispense wifli half a dozen musicians. Members may play the instrur ments in solos. ^Mailorder Legislation' Rapped in Vermont John G. Paine, general manager, and Louis Frohlich, of general coun- sel for the American Society of Com' posem. Authors and. Publishers ap peared last week before the Senate Judiciary Committee of the Ver' mont legislature in Montpelier to oppose the anti-ASGAP bill which . l>ad already passed the House. Measure was in text similar to those that have been introduced in (ome 20 other states and whi(!h are descrit>ed in ASCAP circles as 'mail- order legislation.' Vallee Opens Astor Roof In May; Bemie on July 3 Rudy Vallee's orchestra opens the New York Astor hotel's Roof early in May and Will stick there until July 3, ^hen Ben Bernie's crew replaces. " "Bernfe Is' considered an especially advantageous booking by the Astor because of his out-of-town draw. He 'Was one of the top grossers in Chi- cago during that city's expo. Jack Tcsforden's orchestra follows Bob Crosby's band into the Black- hawk, Chicago, Wtoy 8. Crosby goes on tour and returns to the cafe late in the summer. Judiciary Conunittee Okays ASCAP Crimper Oklahoma City, April 4. The Anti-ASCAP bill introduced into the house' two weeks ago has been recommended for passage by the house judiciary committee fol- lowing hearing^ of arguments on both sides before the committee. A smaU radio station owner and stete representotives of ASCAP argued sides. before the conunittee rendered its decision. Jni^e Tefls Arnstem A Pat and Mike Story; Decisbn Is Reserved Federal Edward A. Conger, re- served decision on an application by .all defendants to dismiss the suit of Ira B. Amstein against them. The case which ran well 'over four weeks closed Wednesday (31). Decision not expected for fortnight The suit's last days saw a battle between Amstein and Sigmund ^eth, expert witness for the de- fendants Spaeth's testimony was to the effect that none of the songs were plagiarized. The judge in reserving decision, told Arnstein a story about Pat, Mike and socialism, the theme of which was that many a good man is walk- ing the streets, unable to get work, even if he deserves it This was in regard to an impassioned plea that the judge force the American Society of Composers, Authors and Publish- ers to admit him to membership. Suit alleged the plagiarism of some 50 songs of the plaintiff, and asked damages of $2,000,000, besides charg- ing a conspiracy on the part of the defendants. These include ASCAP, The Music Publishers Protective Assn., the Song Writers Protective Assn., NBC, CBS, Warners Brothers Picture, Inc., M. Witmark and Sons The Broadway' Music Publishing Co., E. B.'Marks Music Co., Mills Music Co., Harms Inc., The Sam Fox Pub- lishing Co., Nathaniel Shilkret Emery Deutch, Gene Buck, John G. Paine, E. C. Mills, Harry Fox, Edwin H. Morris, M Wattenberg, Louis Bernstein and Paul Jonas. The action began Nov. 24, 1937. Hiflbilfies, Watch Oot John H. Hammond, recording exec of Brunswick-'Vocalion; is due for a trip of exploration in the southwest. He will stalk authentic native talent Hammond will visit Texas and Oklahoma in particular. DECCA'S TRADE MASK SUIT Decca Records, Inc., is suing in New York supreme couirt against Max Sussman, doing business as Sussman Radio Service, and Max Sussman and Jack Bernstein as Deka Radio Appliance Co,, charging in- fringement of trademark. The de- fendants allegedly manufacture and sell phonograplis under the names of Deka and Deca. An accounting and an Injunction are asked. Jack Mills to Coast Jack Mills left Friday (28) for a five to six-week swing that will take him to the Coast and back. He will visit his offices in Chicago, St Louis, Kansas City, New Orleans, Los Angeles and San Francisco. Mills has a picture company tieup waiting for him to discuss in Holly- wood. He's due in that town next Wednesday- (12).- AVAILABILITY REVAMP IS PROBABLE Indicaitions are that the entire publishers' availabiUty setup will be given a thorough going over when the availability committee of the American Society of Composers, Au- thors and Publishers meets today (Wednesday). The general reshuf- fling of availability ratings, if it goes thrjiugh, will be the first since the inception of the committee three years ago. Because of this task there is a possibility that distribu- tion of the pubs' royalty checks for the past quarter will be postponed from the usual date. Under or- dinary conditions these checks would be in the publishers' hands this Monday (10). Three choices face the availability committee: (1) making a drastic re- duction in the ratings of two par- ticular firms; (2) revising the list from top to bottom and (3) letting the changes ride to the next quar- ter. Dominant sentiment on the committee favors doing the job of reconstruction at once and thereby eliminating the general dissatisfac- tion with the ratings that now exists among not only publisher members of ASCAP, but the committee itselt With the wholesale revamping out of the way there would be no need' of the committee to sit on avail- ability protests -for at least another six months. Committee was slated to meet Monday (3), but the chair- man, Edwin H. Morris, was suffering from a sinus attack and one of its members, Max Dreyfus, remained at his Brewster, N. Y., home be- cause of ill health. Royalty payoff for the first quar- ter will not be as big as it was for the final quarter of 1938, but it will exceed the distribution made for the initial three months of 1938. The income from radio continued to be off during the past three months. ASCAP's writer classification com- mittee awarded top prize money tor the initial quarter of '39 to the writers of lieep Purple,' Umbrella Man' and T. D. R; Jones.' Purse for each of these tunes w«s $1,250. Pinky Tomlln sold his waltz, Xove Is All,' to Universal as • Deanna Durbin ditty. Metro-Robbins Resume Demand For 2c Per Disc From Recorders SPA Coundl Meeting On Disk Fee Issue Executive council, New York divi- sion, of the Songwriters Protective Association is slated to meet to- morrow (Thursday; to discuss the question of resuming negotiations with publishers on a new unifonh writers contract Also the advisability of informing publishers that the SPA membership will look to the forme- to collect a minimum of 2c royalty on phono- graph records. Murray's, Snarled Legally, Will Go After the Bounce Trade When Road Clear When it settles its legal difficul- ties—it's now in bankruptcy—Mur- ray's, on the Bronx River Parkway,' Tuduhoe, N. Y., will install a name band policy in opposition to Glen Island Casino, on Pelham Bay, some miles away. Idea Is to cut in oh the younger trade which was drawn to the Casino last season by. I,arry Clinton, Will Osborne and other bands of like caliber. Murray's has been dickering for the Count Basle orchestra to tee-off the policy, but won't do anything definite 'till it gets clear of legal red tape. Change of policy will in- clude a change in name and a quick refurbishing. 'Whatever outfit goes in will buck Glenn Miller, who opens at the Casino, May 17. Murray's now has Will McCune. TONY MARTIN BATONS JIMMY JOY'S BAND Pittsburgh, April 4. The band which Tony Martin's bringing to Stanley, WB deluxer, on Friday (7) is the Jimmy Joy outfit although it's being billed as Tony Martin and His Orchestra, featuring Jimmy Joy.' Latter is Jcnown in dance circles, having gotten his start around here decades ago when John- ny (Scat) Davis, now of Warners, and Andy Andrews, oi Al Pearce gang, w6re his feahired musicians, hut this will mark his stage debut Last time Martin played Stanley less than year ago, he batoned Dave Broudy's house crew on stoge. Stan- ley follows Martin with Fred Waring crew, and no further stage-bookings beyond that Harry Kalmine, WB zone manager here, expected back from Florida vacation in few days and will go directly to New York to line up additional stage attrac tlons.. Bitterness Flares at ASCAP Banquet Lou Klein, Fred Fisher Among Those Airing Personal Matters^Buck Has to Tell 'Em OfF Presence on the dais of such dis- tinguished fellow monliers as Geraldine Farrar and Henry Hadley didn't discourage some of the at- tendees at the annual meeting-dinner of the American Society of Com- posers, Authors and Publishers in thie Ritz Carlton hotel last Thursday (30) from engaging in their yearly attack on the Society's royalty pay- off methods. At times the air was thicic with reflections on certain ASCAP directors and at one point Gene Buck laid aside his presi- dential gravel to counter-blast a railing songwriter. The bitterest words came from Lou Klein, a songwriter member, who singled out Joe Young, a writer- member of the board, for special verbal attention. Klein charged that regardless of his years of mem- bership he was still kept in the low- est class because the writer members on the board who do the classifying of their own clan were- only inter- ested in retaining the lion's share of the writers' coin for themselves. He said that many of those on the board hadn't been active or written a hit in years but they were still collect- ing top money from the Society. Buck Steps In As Klein's tirade turned to naming names Buck took up the issue and re- minded Klein that he himself was en- gaged at one time in a business—ad- vising amateur songwriters about dis- posing of theu: wares—which might have had something to do with the writer classification committee's at- titude toward him. Klein expressed resentment at the intrusion of this angle but the crossfire between him- self and Buck soon subsided. Later Fred Fisher, writer and pub- lisher, stepped into the arena with a bit of sarcastic comment Involving Louis Bernstein, head of Shapiro, Bernstein Ik' Co. ' Fishec_<^hargM that because he and Bernstein have a suit on over the renewal rights to 'Come, Josephine, In My Flying Machine,' the publishers classifica- tion committee, of which Bernstein is ■ member, gives him only $25 a quarter on availability. Bernstein bad left the gathering some time be- fore Fisher arose to make his speech and Fisher got no comeback. Metro-Robbins combine has re- vived the royalty tug-of^war be- tween music publishers and phono- graph record manufacturers by serv- ing nStice <upon .the latter 'that, ef- fective this Monday (10) it will not accept as fees anything less than the fuU statutory rate of 2c. The firms involved in this latest M-R policy are L6o Feist, Inc., Robbins Music Corp. and Miller Music, Inc. Decision to stand strictly on its statutory rights was made by Metro- Robbins after it had been notified by several of its writers that they ex- pected to be paid off on the basis of a 2c royalty and that they would hold thes» firms responsible for any deviations in fees. In acain aban- doning the iy4C basis Metro believes that the position talcen by the writers is sound. If. the recorders decline to apply for licenses on the 2c basis they have the alternative of merely .serving notice of use and submitting an accounting at the end of each 30-day period. In either iase the fee will be 2c. History The Metro-Robbins group has never been part of the publishing coterie seeldng to Induce i^nograph record manufacturers to pay a spe- cial royalty for discs ucsd in coin- operated machines. By independient action M-R upped the fee to 2c a few months ago and early last month agreed to return to l%c when the recorders pointed out th^t all other pubs' were again accepting that royalty fee. The Metro-Robbins group has always been of the opin- ion that there should be naught hut a flat royalty for phonograph reciards regardless of where they are played or how they are used and that any attempt to regulate the fees other- wise couldn't help but wind up in a clash on the question' of whether the additional mechanical fee isn't trans- gress on the performing rights pro- visions of the copyright law. Insistence on the. 2c fee was abandoned generally after the Decca Record Co. threatened to bring a. conspiracy action against Warner Bros, and others and to cite them before the Federal Trade Commis- sion. In recent weeks WB and th« Max Dreyfus interests have been talking about starting a test suit against the various recorders on th« coin-machine angle. mCBSMUSIC BUY NOf-LEVY niUadelphia, April 4. Report current In New York for the past few weeks that CBS might enter the music publishing biz was denied as imminent by Ike Levy, second largest stockholder in the web and chairman; of the board of WCAU. Levy declared that with Columbia's recent acquisition of World Broadcasting and the Ameri- can Record Company It has plenty to keep its execs occupied. 'We're going to digest what we have for at least the next six months,' he told Vabiety, 'before aU tempting to bite off anything else.' THE BOYS BUSSE LEFT BOOKED BY WM. MORRIS Entire band Which Henry' Buss* replaced with a new setup upon go- ing Into the Hotel New Yorker re- cently, has been signed to a mana- gerial contract by the William Morris Agency. It will work under the name of Bob Baker, one of th« members of the ex-Busse outfit Outfit has been tentatively set to follow Russ Morgan Into the Chez Paree, Chicago. Mary Lee, 14, on Air Date Mary I,ee, 14-year-oId singing protege of "Ted Weems, makes a guester with the Chase & Sanborn hour this Sunday (9). Weems picked her up la Illinois while on a recent theatre tour. Leader took her out to the Coast on the tour where she played ■ part In the WB film "Nancy Drew, Re- porter.'