Variety (Jan 1941)

Wedriestlaj, January 29, 1941 MUSIC 45 Bands at the Boxoffi^ {Prese-ntstA hireia^^^ XahvXatxpn, \s tj^ estiTnafed cciucr charge business beiiifli. done bw Wnic bands in «arioizs Afeto' yoVfc hotels UxvinQT business (1^10 P.M.), not rated. sFHgures .d^^ name of hotel givi^ room cajpa<;itij and -cover charge. Larger-amount disigndtes weekend and .i>io{td,fy plaice:; , -^^ y /■ /. \ -■■.V ■ ''■ Coders ,. .Bnnd ■ . . Hotel . v . : PInyedWceU Orrin fucker ;vv/.BiUmore .(300; ;$1t$1.50 :L^ightoh, J>rob)e;...Waldort (3'75;/$l.$i.5d).;i^ ■Lahi Mclntire*.... Lexington '■ (300; ■ 75p^$1.5d).. ii ..; . , 2'. 1,375 (Guy Lbmbai^d^^/. Roosevelt (500; $1<-$1.50);16 Woody Herman*;. Ne\y Yorker (400; .75tr$l.i50). .. 5 Jimmy Doirsey,.. i .Pennsylvania . (50tf;: .75c.-$r.50)...;. ..1 1 'Tony. Pastor. i,;.>Xincdn,(.225;:75c-$i.5iD!j^ .,; .w.17. Total ' Covers . On Date ; ' i,950 ; • X550 3,300 21,350 9j850 2,150 7,150 ♦ Asierisks indicate-a suppoHing floor show, dUhiiugh tlie bdftd is the ^Trtdjpi!ilrat<^'- ^ i-':-\. y./^^'y ^. i;i50 li525 ; 2,150 - '.,600 Anti-ASCAP Laws Up Again jConttniied from paee'43; penalty for. compliance .with a- fed- eral law; to wit,; the copyright act, .thus infringihg ,on the riighS'specially granted by -the statutes .iq£ the ^United States of AmieWca^ . ^ i: > Judge Rivarde upheld this de- murrer. On behalf of the state,. As- sistant Attorney-General Niels J?. .HertZ 'appealed this decision to; the fiupreme;. court,, arid the : tribunal unanimously lipHeid ,the Riyar^ ■ Clsioh..- ■•., ' ■ ■ . ;:Kev!yai In Michigan \ ^ • • Detroit, Jari^^ Even 'though ah anti-ASICAP bill yi^a vetoed by; the; isoverhpr of this i^Ute;a- doxiple of year? ago, a; couple of upstate menibers of the House of Represehtatives • havie. again ' intro- duced; «. measure, vtp , tstandardize- copyright charges: and eliminate ; air- Jbitrary : price oBxing' in. ihe music field;* This time the bill, .if passed, would aliso apply .to. radib-owried; Broadcast' Music,. Inc. : The iritrb, ducers are -James .Cr. Stanley, of Kal- riani^zoo, and Robert, G. Sawyer, of 'MonrOe../■. ■ The^ bill is similar In niost respects to pieces of ahti-ASCAP legislation introduced or passed in .many other sfates. Only outstandinjg difference betwaen this one arid the others is that it would curb the Infringement. Investigator. The new flichigan bill makes it a riiisdemieanor, ;with a heavy fine, for *ahy songplugger,' otheir .than the' compose!?, to make a business of requesting the playing of (copyrighted.'music as the basis for. bringing; infringement suits.. it ;b1So" imposes a frahchise tax of .25% on tlie gribss receipts. collected for performing . rights, requires in- vestigators of infringements' to .de- clare themselves and pay^ari annual license fee of $25" to the state, com- pel the copyright owners, to file a copy of their licenses with the state and (iutlaw Hhe songplugger as well as the investigator unless the fornier agree, to t^ke out a license ai^d pay a $25 fee to the state. . Ja«k' Tetaniey'is Acts . Sacramento; Galif.,;Jan. 28. -Music war in California nioVeis into the poiiti(cal arena, with four bills prepared. . by , Ass,eihblyman Jack Tenney aimed at the American Spciiety of Composers, Authors and ]^bllshers in its (dispute with the broadcasters. Tenney is a song vvriter, not a metriber of ASCAP, and .• former president of the lios. An- geles Musicians; Union; Tour , bills, ..according to Tenney, are designed tgi 'protect the indiyidr ual.song writer arid copyright owner.' Three of them are copiied irbm lawS; drafted iri..W.ash,irigton, ylbrida and. Nebraska, and the fourth is ;ai cbmi- bination of the other three, .using, their best points as rriodels. Crux bf .the argument betweert ASQAP and radio industry is men- '.ti6ri(ed in the .'Washirigtbri St4te legis- lation, which /insists. . irates as- BCssed^ on- a ;.per. ..piece systejfn- of usage,' ; ASCAP is^ reported ready to dicker on that, basiis. if a formula on an equitable premise can be worked put.: :.;,V..- '■ ■;.'■. ' ■■ ..'.;•■: - .. ..:Measure! that specifies ;'It : shall be Urilawful, for two or more persbris hbldirig or clairiiiri:g separate copy?, righted works > under. the; copyright ot the il.. S, to band, tpgether or to. pool their interests for the pur- pose pf fixing the prices ori the 'cdpy- vright. works, or to.'pbol their sep'; arate.: interests or to conspire, fed- erate or joiri together for the pur-' pose of colieiitirig fees in: this state, br to issue blanket licenses'ih this state or . to issue .ijjariket licenses .in this state for. the right to commercially use or perform publicly their separate ■ copyrighted works; provided, hbwr ever, such persons may join together If they issue licenses on rates as.«essed. oir a per; piece system of usager pro- vided further, such per piece system of licensing, miist not.be in excess of any per piece system in pperatipri in other states ■ wherever. • any; group; of persons .alfected: by this a^t does bu.siness,; ;arid. .'all groups - or perr. sphs - affected: by? this act are pro- hibited from discriminating against thie; citizens of . the/state by charging higher, and more iriequitable rates per piece f pr music licenses; in this state .thiin iri,bther..s.tates-,' '■ ]. . Explaining- .his- bills, Teniiey siaiid, 'this, legislation proposes to; protect the .right of - the . indiyiduai sGrig- writer and copyright owriet to re? cover royalties under the federal law as ',an individual; It Would render urilawful the. pooling : of Copyrights: for the purpiose of enforcing monop- olistic collectipri. of .foyalties.'' , .Wisconsin ;A'^l^i^Ort ^^v^ . .■ Madi'sori, Jan. 28. ' / First legislative crack at .ASCAP in present session' of. the Wiscojjsin legislature; was taken. Friday (24:) when State Senator CaShman, of Denmark, introdu'ced .a biU designed to put iadditionai; te(eth in the law gpyernjng copyright ;music-T:the law .recently.- held constitutional by J^udge F. Ryan- Diiffy in /Federal Court .in MilW:aukee. . Cashman's amendment .would re- quire music l>rokers as weli as . in- yesitigators of ' alleged copyright in- fringement to be licensed and the Secretary of state \yould be nnade the enfpircing officer.. . . Recoi%raph Corp. . Ilie Allied Foiinders Corp. filed: stiit in the N. Y. supreme court Thiirs; (23); against Recordgraph Corp., Hubert A. Hblwelli Alb(Ert .G. Toriipkins, arid ■ Rpbert " S. Wallack seeking damages for alleged fraud in withholding monies on an agreed-on purchase price, On Feb. 28, 19,3$, the three individual defendants were.erii- ployed at a $10^000 commission to sell a. sound-reCording device, patent of which was owned by the plaintiff. ; On March 1, 1939, the sale was corisummatedi and the defendants told plaintiff the patent had beeri sold for $25,000 to the Recordgraph Cjqrp. It is now. claimed that'$28,000 in cash was paid as well as 16,000 shares of capital^stock, which since a reorgariization of Recordgraph, is now 64,000 shares and Nvorlh $330,000. Plaintiff seeks the. stock and the, ex- tra money paid. WEINBERGER FILES Lawyer-Manatrcr Sets Vp a Protcc- ' tion Society .for Leaders Andrew D. .Weinberger Imakijs; the' latest lawyerTmanager : of bands - to set tip a riiiisic. publishing aind liGeris^ ing outfit. Weinberger calls his the Artierican Copyright Protection.; iSb- ciety. Inc.; The leaders "that he rep. resenfs;:are Artie;Shaw, P'ick Hiriir ber and,;Jp.se Mprarid.. . The; ACE'S, acpprding to Weinber- ger ■s.;bfifice,WiIi;;act; as a clearing house for. 'the wojks bf band/ leaders, make certain that their ararrige-. nients of public dbmain coitippsitions are prbperly ;■ copyrighted, licehSe the copyrighted vvorks for perforrri- in^ arid recording and engage in-the publications of whatev.(Er ".of these works that coriie-in for piano copy, demand. Park* ; / vV . ;• ; /■.. San Francisco, Jari; .28.'/; A.rthur .Parks,. .band booker'.-for MCA/here^ moves 'to cbrpbratipri's motion picture, departriient in Bev- erly. Hills Feb/lO./^. ;.- Reuei Freeman steps up ■f6:/t'ake charge here,, aided by visits .f.rom Earl Bailey, late of the London oiffice, arid Lylfr.Thayer.':■■:; Wallerstein m Cruise Edward .Wallersteln, president bf the Columbia Phonograph Corp., left last Friday (24) for Central Ameri- can cruise. He will stop pff 'at Pan- aima, . Costai Rica and ■ Guatemala. His . office stated that -he .will coin- bine business .with pleasure. Wallerstein ig^ due back Feb. 15: ^. ; . : , ;". Cleveland, Jan;/ 28. -. Injuhction/^suit. filed; by; the Ohio Music Corp. against the Cleveland .Musicians' Local, fpr interfering ;with its /distribution of :Mu2ak «r.ired re- cording^: service In' this territory; had its flrial hearing.postporieda fortnight by cbriiraori pleas- Judge Day /to al- low ;the union time-io submit a demurrer. Although ease is in. Status -qiip, Lee Repp,'unipn prei, said that the Ohio Music Corp.' will remairi on the 'unfair* list here until, it stbps displacing ipusiciaris by installing Muzak; .: in certain >dance.-and-dine spots. . Spots involved iare the Cleve- land Athletic Club, Pirehrieir's ;H(i)f- brau,. Allendbrf's restaurant and Bolton Square . Hptel. : ; ■ . Until Muzak fent(ered ;-iocal field the Hofbraii l^ad a .cbncert trio; the Allendbrf had Herbert Voges on the orgari;: the hotel a; girl pianist, while the C-. A. C. had. darice orchestras for: 20-pdd years, up to 18 riibnths agb, .declared Repp, Jn. pointing; but how many riiusicians -the service. has ;Qusted..';;. /; •■..-:;■, Russell Saririer, /vice prez of the distributing coirtpariy here,, is press- ing the court .' fight to keep wired dinner music frbrii being placed on the union's; riatibnal .unfair list.'. . Significant angle in tiiti battle, which threatens to grpw-te cbuntry-. wide idimensibns is that, the test case is belnig fought in Ohio. State laws here regard; secondary boycotts as being. illegal, particularly when they involve a third 'innocent party' in the dispute.' Although statutes on this point are nqt, exactly iri union's favor. Repp s'^id he had high hopes of having injunction set aside. In: 33 similar cases on recbrd, / ac- cording to. Ross■ Avelorine, the; ..union's attorney arid forriier assist- ant city law director, 31 applications for irijiiriptions were denied l>y local courts. . Musser's in Ozi^tki^ Burn^ St. Louis, Jan. .28. Musser's hesbrt on .fhe Lake of the Ozarks. near Eldpri; Mo., viras de- stroyed by fire last week, with a loss estimated at $55,000. Narrie bands' visited this:spot during the sumnier season.,. T. W. Musser, the owner, said his loss was partly covered by insurance. Nat ' W. Finston Is Scoring the Metro picture, 'Bloride Inspiration.* Use Trimnmigs As IVeiiuum Bait British Best Sellers .. (iVccfc (eridini;-Z)ec; 28). • AlLThuigs Yoii'Are; .'v.Ghappell. :-. Air Over. Plapq. .;i,,, V.,.. v.. .Gay'; Anothf ir;. Day .. ^. . Southern ; Swiss- BellririgerV..;(Taveridish; Sierra,- Sue .i:. ....^i..^rDM[ .:;filess 'Em. -All.-.^-...;;,.-;.-.4c-P' Ferryboat Serenade . .. v.. .. . Sun Blueberry Hill ..'Victoria . Blackbird Bye Bye,.. Giriephonic !Never Took Lesson . . Victoria U.S. RECORD SETTLES WITH SCRANTON CORP The U. S.; Record Corp., which filed a petition- for reorganization iri the N. Y. federal court Sept, 5, 1940, finally settled its disputes with the Scrantoh Recbrd Corp., maniifac^ turer of its . masters arid niothers, when Judge yihcerit L/. Leibell .in the Ni Y. federal court approved an agreement settling'all diffeirerices be-: tween the companies, "the agree- ment had ofiginally ' been approved Friday (17) by referee Irwin Kurtz in the. N. Y. federal court. Presen- tation of a plari bf. reprgariizatibn of U. S. Record has been put off un- til , Kurtz returris from a vacation. Plan was bkayed by'tTi. S.' Record's board. ■ :■' ] ■:.■' ' ■': Under the terms of the deal, U.; S. Recbrd Corp. will receive full title "to all ;■ masters . and/ mothers in . the. Quackenbush Warehouse Co., plus 41,0PO records retuirned to .Scranton by dealers. Scranton will release its clairiis on the records and .masters, and guarantee it has destroyed the defective records it had plarined to sell to dealers; , Scrantpn is to be paid $3,379 as the balance due for records pressed during the reorgani- zation period, as the agreed-on price to be paid by the Pilgrim Trust Co., largest secured creditpr of U. S. Rec- ord, for Scrantpn's one-half interest in. the; unsold record Inventory,. eirid as the balance due ori the sold record .iriventory. / • •;. . ''■/ . U. S.; Record Corp, was aulhoirized to borrow $2,500; frbrii; Charles M Hemenway, Its president, a director and stockholder, to complete the transactlbn. Kyser-t Infantile Date Louisville, Jan. .28i Kay Kyser . will play for:." the anriual Infantile Paralysis ball to be held at the Jefferson County Arniory Saturday, Feb. 1. Hyser will present his musical reVue 'Cplliege of Musical Knowledge* exactly; as he airs the show, sans broadcast at 8 o'clo'ck and follow at 10:30 with dancing. Inside Stuif-Music ' Four Inkspots, singing quartet which records for Decca, is one of group of powerful record sellers which recognizes the value of not making too many recbrds. • Many of the heavy "selling bands on various labels, make arid issue too many sides tpo: closely together, thereby -killing: off ■ the sale pf each with subsequent releases. Spbts have not released a record since Dec. 15 and will riot issue any until Feb. 15 at ICast. Holding up the pUtput is a deliberate jrriove:ori the part of Moe Gale,: teairivS manager^ to enable past clicks to exhaust their possible sales. In the last six months the group has nfiade only six plat- ters, five. of. which became best sellers. '^ Six have averaged 175,000 sales apiece sirice their- release. /' Jack Waverly, of the Empire Music C6., New York, has circularized his 'friends and associates iri show business arid the; niusic industry' with the following announcement:, . • / ; :;. ; v ' : 'Please ;be advised that 1 am hot/'iri any; way connected with the party or parties engaged in the production and distribution pf obscene recbrds labelled Empire Record Co- br Empire Music: Co. /• ■'All; attempts; to learn the identity bf the gentlemen thus engaged have been tinsuccessflil'bUr^ith. ihe cboperation of governmerit agencies I hope to track therii down eventually. /. /';. '' ■';:;■■ 'To those of you .who have known m for the past 25 years I am sure- the above : information is not altogether riecessary;'...; '; Under the new agreenient between the New' York.tniisicians; unlori and the'networks' New York key stations', which runs .;until jisri, 31, 1944, staff musicians a'rcj. granted weekly- jncrease .p^^ sustaining and cbni- mercial programst Workihg. . week' .Will be 20 hours. And another irir crease bf $5 ;becomes' effective Feb. 1, 1942./; Coniract./inyol'(i^esvthe. iise of a miniriium, of 235 musicians weekly among WEAF, WJ2, 'WABC and WOR. ■;;:/.■ • Figures in yAHiEry's Bands at,.the BOxbffice la.st week gave 2,500 for Glenn Millier's .final week at the Penn/sylvania hotel. New York, it Was an error. Correct total for the six days from Monday to the band's Satur- day (18) Closing was 1,600. Hawaiian bands such as Ray Kin- ney's, along with latin tempbed out" ;iBits, are-almost jmpbssible for bbpk- ers /,to; sell for; one-night dates ;'in ballrooms arid cblleges. Buyers ipr Jobs : (pf that type think only in terms of jump rhythms. : But ,this spririg Kinney. .and General • Amusement Corp., his. bookers,, are. .going to. try; a new tack to get into th(B' one-night field. / ■ ■;.';;„..■■'■.■•;,' . Biand will be offered to bailfooma and colleges surrounded with a cqiti- plete, simulated ' Hawaiian ; :at- mosphere, somewhat alorig the lines / of the decor of the .Hawaiian Room of the Lexingtbn hotel, NeW Yprk, where Kiriney's; outfit spends, more than: half bf .each year; :Ori each date . Kinney's .manager, James Mc- Kenzie,' wilt: be a few days : iri .ad.i vance of the band itself, setting up palms and gatheiring the rest of the material, needed to transform an ordiriary dancing space into a mo- mentary reprbductibn/of an islaiicT •setting.-- : ■' ;.; : ■ ■■ /' ; /In ba'li'bbriis it's figured the crew, can be sold for $750, with $500 of that going tq the band and the rest to the cost of advertising and the decorations. Idea is McKenzie.'s. ; He pnce .put pri hbps along those llnet to -keep himself , in funds to go through; Chicago U. Cogat Charges Book RidieulesHim^^ Hooghton Mifflin Co. Xavier and Carmen Ciigat filed suit Thursday (23) in the N Y. su- Preriie oourt against Houghton Miff- lin Go. and Isabel Scott Rorick, seeking damages of $150,000 for al- leged libel. Plaintiffs clainri that the book , by; Miss Rorick entitled 'Mr. arid Mrs. Cugat,' published by Houghton lilifllin In Oct, 1940, was meant to represent them. Xavier. Ciigat, orchestra leader now sponsored nightly by Camels, has wife Carmen aS vocalist with his Orchestra. The book by Miss Rorick has a coves with musical notes and a signature which re- sembles that of XaVifer Cugat. The bbok was adveirtised near the theatres In which plaintiffs were playing and the publishers asked plaintiffs to iiose for a picture with the book. It also charged that the book makes Xavier look ridiculous and presents him as being drunk at; a party. '.: '' .- ' '".,; Coast SPA WiH Hear | Carson on Union Move ; Hollywood, Jan. 28. Coast - members of Songwriters Protectiye Ass'n will attend a spe- cial ineeting called for tonight (Tues.) by L. Wolfe Gilbert to hear Irving Caesar's report on the recent sesh in New York at which proposal was made for SPA to cast its lot with American Federation of Labor. Caesiar will sound out; the sentl- ment of the Ibcal songwriter merii- bers pi ASCAP on'the; unionization move, with a vote likely to be taken. COLLEGE DISPUTE Co.rred Fights ;Bo.eI^inff / of . Bobflc- / Wbojjie; ja< Jtirilor/Prbm Detroit; Jan. 28. . Jittetbuig orchestras :are.. not. the stuff : tor. dignified .college; prbriis . is the plaint of Wanda Wojcik, second co-ed ever appointed to the commit- tee for the University . bf ./ Dietroit Junior Prom and leader of campus fight for' ai sweet-music band. It is the second successive year., that thr riiusic feud; has brpken out on the university campus, m student poli do- ing nbthihg but;to i^lit the cpU into .two . hpstile camps, . ; .. v Girisays .jitterbugs are tb be borne; with patJerice,: like.; in. your stockings or semester' exariis, biit the. niusic that stirs them; up doiesh't fit iri' with the,dignity, of a college's big- gest forniaj of the year. Meanwhile a mple .bloc bn the committee is. go- ing all out for a band with a boogie beat. ■■■.,■•■;■;•/. :.;;■/