Variety (Apr 1939)

Wednesday* April 19. 1939 BiUSIC^DANCE BANDS VARIETY 47 hside Sbitf-Mqsic Famous Music Corp. has taken another tack in Its litigation with Sha- niro Bernstein & Co. over the renewal rights to 'Come, Josephine, In My Flylne Machine.' an answer and countersuit filed Monday (17) Famous jn ji Y. federal court assailed Shapiro's renewal claims aa invalid and Hiced that the latter be restrained from further publication of the song.- asked court to designate Famous, which obtained the renewal assign- Sent from Alfred Bryan and Fred Fisher, qs the sole copyright owner. Shapiro recently scored an important point in the case when the court held that the assignment of 'Josephine's' copyright to S-B by the late Maurice Shapiro was a valid one. S-B is claiming that the number was written 26 ^eara ago; while Bryan 'and Fisher were employees for hire, and Famous had asked that SIiapiro-Bemsteln's complaint be dismissed on the ground that si copyright taken out under circumstance was not tians- ferrable. ^ Irving Berlin, Inc., received $5,000 from 20th Century-Fox for the syn- chronization rights to 'Mammy* in The Rose of Washington Square,' which jjqiusical is now in the cutting room. The last time that Al Jolson used the song in a picture Berlin got $4,000. While the price on 'Maiomy' rates as a high figure for a single pop standard, the record on synchronization rights is still held by Old World Music Co.; which collected $50,000 for the ballet use of 'Rhapsody in Blue' in ICihg of Jazz' from Universal Pictures in 1030. Publisher and professional-men factions in the music Industry are get- ting closer to an agreement on a code of ethics. Board of directors of the Music Publishers Protective Association has adced the Professional Music Mea, Inc, to specify in the proposed pact just what, acts are to be tabooed and to put teeth into the' penalties. Committees representing the'two groups are slated to meet'this week for a review of the code's language. Walter S. Douglas, Louis Bernstein and Buddy Morris compose the pub delegation, while Rocco Vocco, Joe Santley and Harry Link ai;e talking for the professional men. U. S. Senator Ihomaa of U^h h<ts introduced a resolution authorizing the President to proclaim this country a member of the international copy- rl^t union with the understanding that the United States'Would have a year In which to amend its copyright law so that it wUl'meet the require- ment of the international pact. Bill in 1036 which sought to enter the U. S. in the union was put in cold storage by the house after it had passed the senate. ■ - HALF A DOZEN REASONS Why WNEW WiU Not Imitate Four Hawailans <. There will b e no 1939 repeat of last spring's WNEW, N. Y, outdoor band concert at Randall's Island, N. Y. Although the first affair last May was supposed to be the initialer of an annual string in behalf of the hospital fund of Local 802 of the AFM, station claims preparation^ etc., are too involved and exhaust- ing. Added to those rea£\ns are wor- ries about bands showing up. Not to mention, unpredictablie weather which naturally figures importantly at the b.o. of an outdoor affair. MERGED TUNES IN COPYRIGHT TANdE Inside Stuff-Bands In collaboration with Irving Kolodln, music critic of the N. Y, Sun, Benny Goodman has authored The Kingdom of Swing' (Stackpole Sons; $2), a chatty autobiography which, through the medium of the maestro's personal career, traces the evolution of swing from the New Orleans and Cliicago style up to date. Book is In the first person and sounds as if Goodman did more than merely cross the t's and dot the i's. Kolodin has effected an engaging style of interpolating a chapter every so often, 100% written by himself, wherein he gives a somewhat academic interpretation of the American jazz idiom. However, it's by no means too erudite. Book was planned almost like a manual, the final chapters being helpful hints to the swingophile aspirants. Al Donahue is tagging his band differently in order to advertise to the one-night , kid trade that his is not a 'polite' outfit despite his long stays at the Rainbow Room, N.Y. He'll tag his style 'Low Down Rhythm with a Top Hat' Donahue goes back into the Rainbow Room May 10 for his sixth trip, Previous five aggregated about 25 months. Joe Higgins of American Records did a bit of fast shuttling between ITew York and Chicago last week when he hopped a plane for Chicago Thursday afternoon for the Eddy Duchin opening at the Palmer House, recorded the band Friday, and was back in New York Friday night for the Kay Kyser opening at the Penn hoteL OLD SONG SUGGESTIONS JIMMY McHUCH'S 'THANK YOU FOR A LOVELY EVENING" L. WoUe Gilbert 1« publishing 'That's What We Do Over Here,' dit- ty by Johnny Lang^ Lew Porter and Hy Heath. Lnd Gloskla signed as musical di rector for Kdward Small's The Man in the Iron Mask.' ANNOUNCING THE APPOINTMENT OF I as General Professional Manager I Mr. Hennlga and Hit SUfF Will Continue to Work en NIGHT MUST FALL | AND I TWO NICKELS FORADIMEI Announcements About Other Great Songs Will Soon Be Forthcoming EDWARD B. MARKS MUSIC CORPORATION RCA Building, Radio Cify, New York OmOAGO &wIo Bwlce ISO No. Bute fit. BOIXTWOOD ...jBdMBrmor 1M3 No. Chwofcee PmLADEIiPHIA Al Muifre fne T«iapl« Boad BOSTON Uask Paal - U Bojlaton Sk CINCINMATI JjUTf Momtt iiibaon Botcl DETROIT Twaarln Manlre Hotel Taller. Cops Often Nab Orchestra Busses That's Why Musicians Change at State Lines— Newaric Firm Has Legal Tactic on Plates Point of copyright law is involved in the application, that Miller Music, Inc., has made to the N. Y. supreme court for a declaratory judgment against the Jerry Vogel Music Co, The action centers aroimd the. ques- tion as to whether the inclusion of part of another composition makes the second number's copyright totally dependant on the term of copjrright of the original number, or whether the second composition can lead a renewal life of its own. The two tunes so linked are 'Visions of Sleep' and 'Sleep.' Adam Geibel wrote 'Visions' in 1912 and had it published by Theodore Pres' ser. Eleven years latier Earl Burtnett and Geibel wrote 'Sleep' and placed it with Sherman, Clay & Co. It later developed that 'Sleep' had in' corporated part of the 'Visions of Sleep' melody and there was a sat- isfactory agreement worked out bC' tween S-C and Presser for the con- tinued inclusion of the bars in ques- tion. Vogel last year obtained from Geibel's estate an assignment of the renewal of copyright on 'Visions' and so registered it with the copyright office in Washington. He then ad- vised Miller, whTch had a few months ago takeh over the agency of the Sherman-Clay catalog, and also the jobbing trade, that by virtue of his assignment he also controlled the copyright of 'Sleep,' and that Miller has no right to publish or license it Miller, acting through Julian T. Abeles, now wants the court to or- der Vogel to stop making such repre- sentations, to hold that he is not the owner of 'Sleep' and that the latter number has a copyright identity all its own and can be re- newed exclusive of 'Vision's' stand- ing in the copyright office. Hennigs Joins Marks; Ebnore White Heads ABC Frank Hennigs has joined the E. B. Marks Music Co. as general pro- fessiona 1 manager. Hennigs, who entered, the publishing business from the phonograph record field four years ago, has been professional head of Exclusive Publications' and ABC Music Corp. Hennigs' last connection with Marks was before the war when both were with the recording de- partment of the old Emerson Pho- nograph Co. Elmore White has become general manager of the ABC Music Corp., a subsid of Irving Berlin, Inc., suc- ceeding Hennigs. He comes from the professional staff of Leo Feist, Inc. White formerly headed Paramount Music. ASCAP Writers' Diwy Royalty distribution by classes among the writers in ASCAP for the first quarter of 1939 were, as follows: Class Amonnt . AA .....$3,955.00 A 2,066.25 BB 1,977.50 B 1.406.62 CC 987.75 C 706.80 Cl 400.00 DD 285.50 D 222.50 1 .; 187.50 2 100.00 3 30.00 4 10.00 Amounts allocated to those in Class Cl to.Class 1, inclusive, are set and do not vary with the total distribution for each quar- ter. There are also non-piartici- pating and honorary classes.. JAM SESSIONS AT CAFE SOCIEn GO CBS Informal jam sessions which take place every Monday night at Cafe Society, Greenwich Village, N. Y., will be aired by CBS starting May 1 CBS will run three wires a week into the spot for the summer when it lengthens, its signoff time to 2 a.m. Sessions frequently draw the big' igest. band leaders, and outstandinjg musicians. Boogie-woogie piano team, which has created quite a bit of comment, wiU go on the air also, Frankie Newton's band and Billle Holliday, songstress once with Artie Shaw, are current at the club. Usual headaches of touring bands that use busses to hop from date to date is almost entirely eliminated with a neat gag used by the Ameri- can Orchestra Corp. of Newark,.N. J. Latter is not what its name implies, but rather is a bus company. Procedure of travelling from state to state sometimes produces petty and oftentimes costly, annoyances. Applies to licensing of the jallopies and sundry gags that state cops dream up to collar a few simoleons in fines, etc., from bus owners and band leaders. Greyhound Co. gets around most of the rules by shifting busses at state lines. American Orchestra simply makes each band-leader who hires one (.f its busses a member of the corpora- tion through some legal method so- that when he takes his crate onto the road he Is legally its owner. When cops grab him for touring— say Pennsylvania, with New Jersejr plates, he breaks out his ownership card. That puts the vehicle in the class of a private car as tar as li- censing is concerned and makes it needless to buy a separate set of plates. Most of the larger bands, however, use Greyhounds when . travelling. Some cost as high as 40c per mile while others are hired under a slid- ing scale according to the mileage guaranteed each wetik. Gray Gor- don left on a road tour last week with a Greyhound at 28c a mile, in- suring.1,200 miles a week. BOB ZITBEE WITH VICTOB Bob Zurke, pianist with Bob Crosby, has been signed to a one- year recording contract for the Vic- tor label with the new band he will begin to form within a month. Zurke's tmder contract as' a leader to the Wm. Morris Agency. He will leave Crosby in about three weeks. Rockwell Band Crashes MCA's Ritz-Carlton, Hub Woody Herman orchestra goes into the Ritz-Carlton hotel, Boston, for an indefinite run June 1. Booked by Rockwell General Amusement, this is a rare booking as the Ritz has been practically a Music Cor- poration of America exclusive. Last RCA deal there was Bob Crosby more than two years ago. Herman bowed out of the Famous Door, N. Y., Sunday (16) night and opens at the Meadowbrook,- Cedar Grove, N, J, Friday (21). LITTLE SKIPPER By Nick Kenny and Charles Kenny WE'VE COME A LOHG WftY TOGETHER ByTedKcehlerand SamH.Stept Featured in th.M.G.M Picture "Idlotrs DelUlhr HOW STRANGE By Gus K.hn, Herbert Stoth.rt •"<« ^^^'^^ " bL on "KAK STRANNO" by B. A. ProxorovsKy sung by VlfBlnto Bruce ,„ the M-6.M Picture "SoeletyUwy.r' (l-M IN LOVE WITH) THE HONORABLE Mr.SO and so By Sam Coslov/ 1 ,„th.M^-M Picture "BrcdwavSe^^.-* FOR EV'RY LONELY HEART ONE LOOK AT YOU