Variety (Apr 1939)

VeJneBday, Apra 12, 1939 MUSIC—DANCE BANDS VARIETY 41 15 Best Sheiet Music SeDers CWeek eniinfi April t, 1939) Deep Purple Robbins Little Sir Echo Bregmaa Penny Serenade Shapiro Heaven Can Wait .Remick I Get Along Without You Very Well. Famous Masquerade Is Over CJrawford Umbrella Man Harms Hold Tight • • Exclusive I Promise You ABC We've Come a LongrWay Together Feist God Bless America iBerUn Our tiove Chappell Could Be - • Santly Gotte Get Some Shuteye Berlin Beer Barrel Polka Shapiro Royalties in Escrow WiD Be Released If Fox Is Given Trustee Protection Harry Foji, as agent and trustee 00 mechanical rights in the Music Publishers Protective Association, may release monies that he has been holding in escrow because of copy- right disputes if the accepting pub- ifshers indemnify him against lia- bility. Some publisbexa have been urging this procedure, wlille others demand that he retain the royalties until the controversies have been ad- judicated. Fox will consult MPPA counsel this week on the wording of tiie indemnification binder. Practically all the money being held in escrow involves questions of copyright renewals. No sooner is a license, on one of these numbers Is- gued tiian some publisher pops up ^th a claim of having obtained the renewal assignment from the estate of a writer concerned. .The escrow coin arising from such claims has been accumulating for a year and the original publishers of the works can't ^ why they should be deprived of Ifae royalties while the claimants take -^eir time about having the issues litigated. They contend that the pro- cedure is unfair and tliat Fox should release this money on conditions that It will be returned to him as the dis- ^lites are adjudicated. Bernstein Suit (Continued from page 39) plaintlfll'i wife and daughters, end personal insurance. Also various other- dldjursements, such as pur- chase and upkeep of automobiles regis^red in the name of Bernstein's wife .and daughters, doctors' and hospital bills of patients who were not identified as einployees and items of t)ersonal wearing apparel and leweliy. The aflidavit declares that boolis and papers. were not made available for the purpose of dlsclos-. Ing the true nature and withdrawals of the stipulated $250,000. 'Not Near the Trath* Another grievance cited by Mrs. SbapUrp is tiiat back In 1915 Bern- itein talked her out of having an equal number (2) of directors. She complains that he at the time in- duced, her to get their sister, Lucy Bernstein, to execute a resignation trom the corporation, which move Bernstein told her was necessary for his protection. She might be in- dined to sell and because of equal directorship he would have no way of countering her choice of a. buyer •nd tte price offered. Mrs. Shapiro now wants the court to order her ncond directorship reinstalled. In his bill of particulars Bernstein adcs her to cite the date and cir- i!*unstances under which all these whigs took place. He denies that they're not even near the truth. The Dec. 23, 1915, letter which » made by Mrs. Shapiro a major •oasis for her action foUows: .W Dear Sister Fanny: " hereby faithfully agree and promise that upon'my death you are to receive immediately one share «ock of Shapiro, Bernstein & Co., ™a I agree to put codicil to my will to that effect—end also agree that^ ttdusive of expense j^/c—ou r draw- ™g a/c will aTwaysi be the same—and also agree for an equal amount of •"rectors. Witness my hand and sedl. Loui» Bernstein (L. S.).' Witness: Kathym. A. Burke.' , *• ^velln opened two-week stay !*,P»ase hotel, St Louis, Tuesday fi. two-month run at Nixon Pittsburgh. Mrs. Mel B. Kaufman Suing Sam Fox Music May Z. Kaufman, as executif^ of the estate of MelvUle B. Kaufman, yesterday (Tuesday) asked the N. Y. federal court to postpone trial of her $20,000 action against Sam an4 Harry Fox, as the Sam Fox Publishing Co., Inc., until May 1, on the grounds that the attorney who will represent her in court, is in Europe. She claims damages, for faUure on the part of the defendants to pay her royalties from 1919-1932 on 16 songs of her husband's published by the defendants. She also seelu damages for failiu-e to pay royalties on the film synchronization rights sold by the defendants to the RCA Mfg. Co., Inc., and to Electrical Research Prod- ucts Inc. She claims the publishing company made over $1,000,000, in selling Uiese rights. KARL KRAMER OF MCA ON COAST-f OR HEALTH Cliicago, April 11 Karl Kramer, who has been on the inactive list, returns to an exec posl tion with the Music Corp. of America, but will be located on the Coast since the midwest weather has been ruled out by Kramer's physl clan. Kramer will sit on all exec meet- ings of MCA and assist in informa- tion of general policy decisions of the company. On the Upbeat SterllBf Tennr band returned to Bill Green's Casino, Pittsburgh, Mon- day (10) for second engagement there this season, replacing Tommy Carlyn, who goes to New Elms in Youngstown, O. Flill Cavazm booked into Eddie Peyton's rpadhouse, Pittsburgh, for indefinite stay. Plccelo Pete crew into Club Petite, Pittsburgh, for indefinite stay, suc- ceeding Freddie Castle bond. Amerleo Bono opened at the Stat- ler, Buffalo, April, replacing Johnny Long who moves into Cincinnati hos- telry following tour of one-nighters. Bono will also be heard Friday and Saturday nights over WBEN. Joaqain GIU, who ilost vocalist Dorothy Claire to Bob Crosby band, has also lost her sister, Deborah, to George Duffy, now at Hotel Com- modore-Perry, Toledo, O. Spike Fcatfaerstone finished up weeks at Hollywood's LaConga. MoFarland Twins' Orchestra, re- cently at Rainbow Room, New Yortc, booked into DeWitt Clinton Hotel, Albany, for a. week. The "Hiree Suns, instrumentalists, continue in cock- tail lounge of hoteL ' Baddy Sogers heading for Topsy's in SouOigate, near Los Angeles. Spike Featheratone washed up at LaConga in Hollywood after 30 weelcs. North Dakota Bifl IkM of Attack Most Favored in ASCAP Harrassment Barnet Set ta Sept 11 Except for two or three short openings, the Charlie Barnet orches- tra is boolced solid until Sept. 11. Band opens Friday (14) at the Ray- mor, Boston, for four weelcs with four NBC wires weekly. Week of May 12 It does a set of one-nighters; week May 19, Capitol theatre, Wash- ington; week of May 26, Flatbush theatre, Brooklyn. June 16 outfit opens at Playland, Rye, N. Y., where it stays until Sept. 11. Band is guaranteed a minimum of five Mutual wires a week from Rye. Following the Rye date it goes into either the Meadowbrook, Cedar Grove, N. J., or the Lincoln Hotel, N. Y. I ZIdb Arthor shifted from Rivera theatre to Shubert theatre, Brook- lyn, as house crew. Teddy King re- placed Arthur at the Rivera. Cy Baker has been added to the Jimmy - Dorsey trumpet section, bringing the latter up to three. Benny Strong orchestra has been extended again at the Brown hotel, Louisville, bringing his run into its third year. Babbles Becker, 11-piece outfit from the south, opens at the Arcadia Ballroom, N. Y., Saturday (15). Lew Porter and Johnny Lange sold two songs to Monogram, to be warbled by Tex Ritter in TJown the Wyoming Trail.* Ditties are 'In Elk Valley' and 'He Looks So Peaceful Now.' Emit CoIcnwB set to reopen Trocadero in Los Angeles next month. \ Brace Sqnires, trombone, and Solly LaPerch', trumpet, added to Benny Goodman's band. Squires is outright addition, while LaPerch replaces. Irving Goodman. Bobby Hackett upped his crew from 10' to 13 pieces and signed with MCA this week. Band cuts for Vo- calion today (Wednesday). Jimmy Dorsey had his Meadow- brook, Cedar Grove, N. J., opening set back to May 20. Plays week of May 12 at Rivoll theatre, Toledo. Bob Stanley temporarily replaces Arthur Wallenstein as director of Benno Rabinoff's' violin recitals on WOR for three weelcs. RUDY WIEDOn WINS 126,000 FROM HOLTON Chicago, April 11. Rudy Wiedoft, one of the first to use a modem saxophone, last week was awarded $26,000 in settlement from the Frank HoHon company on a suit which Wiedoft filed nine years ago. Basis of the suit was Wiedoft's claim that in 1927 the Holton firm hired him to originate a saxophone for them. Hlfasliingtoii-Lee Swrng's' $50,000 Copyright Snt - Mark W. Sheafe filed a Federal court action in N. Y., Friday (7), against Thornton W. Allen, music publisher, for $50,000 claiming the infringement and piracy of his song, 'Washington and Lee Swing,', writ ten by bim in 1910, but never copy- righted or published by him. He claims the. defendant pirated the song by publishing it, and boosted its iMpularity to the point of de- priving him of $50,000 In profits. An injunction and an accounting of profits are asked. The. song was originally copy- righted in 1010 by Allen with words by C. A. Robbins, and music by M. W. Sheafe, and the copyright was renewed by Allen and R. G. Thach in 1920, and in 1930 by Allen alone. Ted Lewis' Uothei's Estate Cirdeville, C, April 11, Mrs. Pauline Friedman, mother of Ted Lewis, the maestro, left an es- tate valued at $12,662.79, according to the appraisal filed in probate court Of the total estate $12,000 Is in real estate. Mrs. Friedman died several months ago. ASCAP's $6,100,000Income In '38; Costs Rise; 10% Goes to Foreigners BARRON'S EYE TROUBLE Looked Like Might Lose One He's Better Now -Bat Lincoln, April 11. Feared for awhile here that Blue Barron might lose his right eye. Sud- denly developed infection (4) and spread to the other peeper. Attended by severar physicians, first thought was that the first orb infected would have to be removed to save the sec- ond. Is doing better now. Expected to fly to New York and take a hospital tour until the band gets in Friday (14) tor the Edison opening. Professional Men Hold . Professional Music Men, Inc., has set Sunday, May 7, as the date for its fifth annual benefit show. It again will be the Alvin theaUe, with the proceeds going into the or- ganization's relief fund. Arthur Franklin doing the score for 'Some Like It Hot' at Paramount American Society of Composers, Authors and Publishers collected $6400,000 in 1938, or $200,000 more than the gross receipts had been in 1937. The distributable royalties last year amounted to $4,100,000, this em- bracing the regular split-up among writefs and publishers and the $200,- 000 spent on memberstiip relief. As usual, 10% of the gross, or $610,000, was set aside for distribution among foreign affiliated societies or ASCAP members retaining foreign rights. ASCAP expenses in 1938 figured 19.6%, as compared to 18% for the previous year. Increase in adminis- trative costs is attributed to the many court and state legislative fights that the Society had to con- tend with during last year. Income from radio in 1930 was just a tew thousand dollars more N—V--T»ai«3fl«Tiii-1Vl5nr-?Uhan " had been in 1937.. Motion , r. BenCTtOn may «Jpicture theatres contributed about 10% less. The big increase came from sucb licensee sources as res- taurants, hotels and dancehalls. The ASCAP management for the past 18 months has maintained an intensive drive on this latter group with the aid of a traveling crew headed by Dick Powers, adding some 2,200 new licensees to the list TOOTING FOR OFFICE Bob CraJf Oat for Conncll — Politiciaos Laaeh Him OS Baltimore, April 11. Bob Craig, local swing maestro, is campaigning for a seat in the City Council. Utilizing his own combo mounted on a truck and handing Out considerable jive Including a femme hoteha singer stick weaver is getting some space aiid art in the dailies, but local politicos claim he's strictly on the downbeat as far as election chances are concerned. Craig, though, is depending on brass. Joe Marsala Enlarges To Tour for Shribmah Currently at the Hickory House, N. Y., with a six-piece outfit includ- ing Adele Girard, swing harpist, Joe Marsala will augment to 15-oieces and start out on a road tour for the Shribman office May 30. He leaves the Hickory House May 28 or 20. - Miss Girard will remain with the band. . Swing outfits with harps among the rhyihm are rare. Bills curbing ASCAP or alleged monopolistic practices of similar so- called 'copyright pools' are now pending before the legislatures of more than half the states. Two antl-ASCAP measures have' so far become law during current sessions. One, in Montana, Is a substitute for a similar one adopted in 1937. It Is designed to overcome legal objec- tions to the original The other is in North Dakote. ^ Washington, Nebraska, Florida, Tennessee and Wisconsin also al- ready have laws nixing, activities of copyright pools. All were passed at 1937 sessions of the .legislatures^ Preliminary Injunctions restraining the enforcement of the statutes were obtained by ASCAP in Nebraska, Florida and Tennessee. No court has yet passed upon the constituUonaUty of the anti-ASCAP legislation. The Florida and Wash- ington acts are now before the United States Supreme Court, but on purely technical grounds which do not involve the constitutionality of the. legislation. Many attorneys are of the opinion that many of the provisions .of the Washington, . Tennessee, Nebraska, Florida and original Montana laws are unconstitutional. The new Mon- tana act. and the one recently adopted by Norfli Dakota are be- lieved by lawyers to come closest to meeting all constitutional limitation! upon state legislatures. Some of the bills now pending follow the pattern of the Washington and Montana bills, while others are on the design of the Nebraska and Florida measures. Majority, how- everi follow the North Dakota bllL North Dakota bill was also passed by the legislature of New Mexico this year, but was subjected to a pocket veto by the governor. Warn Party Throwers Not To Contract Bands Via Caterers; Kickbacks? Philadelphia, April 11. Musicians' local clamped down last week on caterers whom they charge 'not only rater the food, but the mu- sic'. Ads were inserted in various local society gossip rags to warn people employing caterers that they will 'avoid embarrassment' at their parties if they contract directly for music with a member of the AFM locaL Rex RiccardI, secretary of the union, declared that many caterers have exclusive agreementa with cer- tain band leaders and. when the food dispensers are hired for a pan^, ring In these pets to suitply the music: Caterer then gets a kickback from the musicians lor his trouble, ; Even aside from thb rebate angle, how- ever, RiccardI said, caterers who contract to supply music are break- ing both state and AFM law. 'Any such contractor Is acting as an agent and thus needs a license, wUch no caterer has.. ' Ad run by the tinion states: To avoid misunderstanding and embar- rassment In arranging affairs where musicians are employed, please take notice that members are not permit- ted to perform at such; affairs (and may be >vithdrawn therefrom) where the caterer has undertaken' to fur- nish the. orchestra.' Woody Herman Stays At Rockwell; to Cedar Grovie Woody Herman orchestra has signed a new term contract with op- tions with Rockwell General Amuse- ment Band is now at the Famous Door, N. Y., where it stays until April 18. Outfit was on the verge of shifting from Rockwell. After leavhig the Door, Herman's bunch play two one-nighters in New England prior to opening at Meadow- brook, Cedar Grove, N. J., AprU 21. Band's NBC wire at the Door was pulled out last week. It was «ut Friday and Sunday, but was set to-be returned last night (Tuesday). O-Kay Bevlvala . Chicago, April II, O-Kay music-firm is publishing a series of revivals out of its catalog, including 'Garland of Old Fashioned Roses' and 'Winding Trail.' Firm has been topping its recent list with Gene Autry numbers.