Variety (Apr 1941)

41 MU$IG Wednesdaj^ April 16, 1941 Radio-Music Settlenient Indef jContinued frpm paige ij held a similar conference at ASCAP headquarters .last Friday (11)., Aflillates Doihlnate ; . A .significant feature about the NBC .and Columbia meetings is that present at each, y^as somebody rep- r^sentiriig .the particular ' network's affiliates. CBS had Ik^ Lounsberry, of WGR^WKBWv Buffklo, and NBCs affiliate attendants yfete Paul Mor- ency, of : WTIC. Martford, and: Sam Bosiehbaum; WFIp, PhUadelphia, i3y the device, of- inciuding ^affiliates in. . such ..delegates NBG and Columbia . have indicated. that any - <|eal they make with ASCAP will have to be subjiedt to the approVar of their affiliated stations. Pointed intlinatiohs have come from these affiliate i ranks that,. t: less NBC: and CBS. get thenfiselveis da: a vulnerable; spot- as the'result of .the- FCG's .mohopoiy report/ these networks will riot be ablie to make the convention,, th^y predict, may d^r lay settlemefit of the.local music an- gle for several months) / AS.CAP so la'r has not developed any local sta- tion form-lr"' based on. her; program payinent, figuring that this angle can be. taken up Sifter something has been worked out /With the networks. On the other hahd there is. a sticorig sentiment withiri . ASCAP;: which favors passing Up contracts . alto- gether with. local: stations and • - fining the us;e..6f ASCAP music, if possible, to network hobkiips, on the theory that'ttie ASCAP wpuld have, less chance of bieing overpliigged and a..greater sale of sheet music, .might ensuft. -These pubs . andr writcirs would preffer to sacrifice , some of thfeif peffoirniance' money for an in'T rcressed income from shfe"* .sales. 'V: Contract I,ongreylity- : ; Indications, ■have .. already 'been givgn that one of the major poirits^ of Even .While ASCAP .an^l the networks are . talking peace ^the b.om- bardmentNiof .propaganda continues from. ASCAP^/ 3^ BMI .quarters., Latest exchange between the -publicity departments ofi ASCAP and BMI cbncetns ah ASCAP pamphlet, receritly, isisuedi. which, outlines,.; the histoiry anid functions of ASCAt* arid includes excerpts froin tiews- . t>a{iier. articles and editorials on the AlSCAP-ra^'O flsht.^ BMI's press agents. last:W.eek took a blast at the pamphlet, apparent-, ly on tiie basis of a quoted editorial "which : read; 'The radio monsters . . . i have put the sbhgwriters ;to /work as store clerks and .this , store :. clerks to work: writing song^^ like. Sussia:*: BIVII admits, thiat: ; among its writers are a few store ! clerks .>iit explains; that" it didn't, fancy the belittling tone'of the quotation; .> j]: '' • The: blast was captio.hed '^^ friendship' : and the ihtroductbry . paragraph read:. T'hiere has; been talk about ASCAP's new goodwill . policy tovirard the broadcasters. ASCAP has. recently jjut. btit a new c pamphlet which gives- 'an iUustration of the- way ASCAP gets aCCec- - tiohate. Headlines set out prominently in the middle of one. page read, 'Radio - WaWs Free Music' and 'Radio Hits Writers' Eairhings.* ASCAP members thems elves werg surprised by the sudden releass . of the pamphlet. ' They had been linder tiie. impilession that these' tactics had ended with tiie eliminatibn of the extensive publicity staff headed by A. P. Waxman, Since, then all' authdtity over publicity has bfeeri reinvested, in E: crMills, who brought in his own t).a., iRichard. ':Murray.•... ' a . deal Until the affiliates find out what ASCAP music will cost them locally. In any event the odds are that the real ; bargaining between NBC and CBS. and ASCA^ iot. i settlement Of: tiieir differences Will not start until after the close, of' the cgihvehtlbn of the National Associa- tipn of Broadcasters in St. LoiiiSj May 12 to 15, inclusive. ; .Stall for ' Good Deal Strategy wiiich still actuates the rank and file of broadcasters, and which attitude.presages a distant set-, tlemeht on tlje pairt of NBG .and Columbia, is that the longer radio holds, out the better will lie the deal It will obtain front ASCAP. Only tiling .that can happen which will precipitate NBC and Columbia into closing with ASCAP any sooner than Its affiliates dictate is a deal between the Society and .Mutual: The. net- «fOrks,; affiliatefs themselves , point out;: have nothing to fear from yiTash- hagglihg between the networks and ASCAP will.t>e the longevity of the contracts^ ASCAP, it is undei-stodd, Will, put no limit on the. length, of a contract calling for a perceiitage oh all commercial programs, but it is inclined to limit the term of a per prbgram .•^rrangemeiit because of its newf.. a-nd iintried angle, Anbther. point that may raise :much argument during-negotiations has to do with some' broadcasters' insistence, thai the contract intludle. provision- that any renewal, Unless the neW -cbntract runs .for 10 yeats, be subject to arbi- tration. The . future ' of Broadcast Music,. Iric'., these brbadcasters point out, wjU be determined by the longevity of the new contract .with ASCAP. If the latter is termed for 10 years the ^Inclination will he to shelve BMI,'whereas, a much shorter period i"rv'-'. *-'-"ne its stockholders tqi keep it going as a- a bargain in strument in dealing with ASCAP in A^AP Rates Mutual as Unique '-Any deal made with the Mutual Network by ASCAP. will be basic- ally different from the contracts eventually consunimated . with NBG ihd Columbia; ASCAP is proceeding oh the' theory that Mutual differs irom .the other two networks, in three ways; ' 1. Mutual is not .operated for a corporate profit; Whereas. NBC and -Columbia are pirivately owned , and operated for a coVppriate profit., .. 2. Mutual does! not detract. 16 hours in compensating an affiliate for commercial; services as the; other two networks do^ and,.'unlike NBC . 'and Coluinbia, makes.ho charge fbr sustaining setviccs. ' . . 3. Mutual deducts 15% as: a sales and: service fee ..from thie revenue collected :for time from coiiimierciais .and turn^ 'the .remaining 85,%" over to its' affiliated stations, {whereas the bthieir two netWorks base their affiliated stati'o.h .compensation bh a scale Whi'cii starts at arbimd ■„2ft% and works up to.37%.%. V- /: - ' /^ ■.- ington so long' as . they sliow a dis- i)Ositioh ;tb tsllic with ASCAP- Ti e same-affiliates fTOf certain that NBC and Coluinbia will not sighature ahjr I'coritracts With; ASCAP minus the : appirbval -of 4heir associated s*atiQns because;they. .(the rietWprks) woUlS .risk ..riot collecting- anything ;ori. the paynients' made ASCAP from the as^ -.sociated. outlets,. ; -:^ ■■<■■•. ^'These affiliati^r sources .warn that If AS.GAp is thinking in terms of '1940 as far as .S'^pme from local sta* tibns is concerned .it. will - find itself .; quite disa^pbinted . after. the! N.A,B. convention has acted on the formula w'.-' •': sdAP proposes ,for local' stations. If, pay' these sources, the ASCAP: propbsajs aren't close enough to what the loical' stations ;tKink; they should pay. ♦"mpeT: of the: fijture, . BMI, ; according, to oiie p£ its'directors, cost this: radi try sbmewhat less than , $2,000,000 during : the past 'year. Obligations Qii'tstanding. flgiire . about ': $1,750,000 -more. ... '■ - If Mutual's' copyright: coinmittee feels satisfied With ASCAP's alter- nate terms at today's meeting in Ghiqagb, the next move Will be to submit h to the networic's board of directors - and Stockholders; Latter, meeting Wbuld be called for the. lat- ter part bf next week. If .the Mutual ijoard votes ''" ."■^Timend ah agree-, jnent '.boyierirtg the use of A^CAP- miisic oh b.'- ' V--: - prpgramis,. the netr "Work's affiliates Will - bap.sunimbne4 .to. a jthii-d meeting to he. held during the hrst week in May. . Isidore Wibnark Dies; In 1886 He and Bros. Became Music; Publishers Isidore Witmark. 71. a; fourider. of M. Witmark Sbns. -d'ed April 9 of pneumonia in Polyclinic hospital, N.. Y.; aher a brief iilness. " He was president of the .Witmark 'pubiishing firm when it. was acquired by V^ar- ^ner ;BrbS; as part of an $8,000,000.;mu- sic' publishing deal. . ■With hi& brothers Jay.and Julius P.,: Isadore .WitmarJi. ih'^i886 turned their small printing plant to. pubiishing> popular sbrigs. . Isidore had mean-: While . .done ' some songwriting . for brother Julius., a . boy: soprano, ahd the. first bf these, he: had ipUbUsliied Was 'A Mother's a ;Motheir..After AH^' His later tunes included 'President' Cleveland's Wedding Mafch,' 'to ^ Who.^Yo.u ICnow' and 'He Was a Pal of'Mine.';'... ;: Vyitiriark. ;iRrm itself' mbved; into important ranking in: 1898 With'the acquisitiori bf Victor Herbert's comic bperii, -Thsi. Fortune; Tellefi' ahd such of the latter's . tiines as 'Ah! Sweet Mystery of Life,' 'Kiss Me Again' and -'I'm Failing in Love: with Some- one.': ; An^ong the- flrm's pubiications were 'Sweet : Adeline,' 'When You Were Sweet Sixteen,' .'My -WiW Rose,^ 'Tammany,' .'Absence Makes, the Heart Grow ^Fonder,'. .-W^^ . the River Shahhbn: Ftlo^\ys' and such Sigmund Romberg scbrei as ."the Student Prince,' 'NeW; Moon' and. 'Desert Song.' ; As to. royalty eollec- tions-ftom ASGAP Witmark iias al- ;Ways ranked - among the.; top in the: publisher; groups / V , ^ , . VSurviying are two .daughters, two brothers, .Jaiy : and. Frank. Witmark^ and ..a sister,; Julius P; Witmairk^ Jr., who isf. . with Broadcast Music, Inc., is a riephew. Lincbln, April 15. .Last chahcie bid; for. recognition is .to be made by the. proponents; 6t Nebraska's anti-AscAP laW, passed in 1937,; wheri it comes up jfoir U; S. Supreme .'G5>urt review on-Monday (28). Attorney general's office, has indiciated the bulk of the argumen- tative jbb Will be saddled on William J. Hbtz, an Oma^ha attorney who, as special prosecutor, handled the" case when the: law was called 'in-^ppera- tive' by a U. S. District Court, . three- Judge session here in 1039. Since the District Court • j lidg- merit wasn't a -coiriplete slapdpwn, there is some optimism on the anti- ;ASCAP' side ttiat reversal might be gained. In any event, a de- cision which might V illuminate the way to state legislative control bf ASGAP's business methods, would be acceptable. Nebraska's law is the first of many state bills to survive vote of solbns •and. win governors' signatures and get a trial on its merits. As such, and with aill the arguments which would fit sill. the cases, the high court is taking care lof them all in one swoop. - - . The ti. S. District. Goiirt felt that the law, as framed-by the Nebraska law-makers, was top hefty a mea- sure, going outside bouhds to assume powers hitherto, delegated, only to congress.. Some of the biil . was thought to be bkay, but the judges said eaich part of the bill, indicated its dependehce. sb strongly Oh Vthe other parts that it was evident' that ,the legislature wanted' the. whole bill . to go through^: \ ■ - , When itrdame time to. appeal, Hotz filed 22 affidavits from; that many of the 43 members of tii;e legislature ;Whb passed . it,: saying their intention was to ci^ack the monopoly without feikihg away the rights of -copy- right Jiolders. becisipri : said, too, that it w'aS hot proper for individual members bf .the Society tp: cpmbine for the purpose of price. fixing, arid pn -those.; two premises the appeal was granted. Hotz' may'be accompanied ijy WaN te.r Jphnison. the attorney general^ who finds he's - in ah 'bdid positiort. Johnson was a meriiber of that 1937 legislature, but didhH: vote. the measure, because he. felt it Was im- constitutiohai.. After it ' passed- iahd the legislature jwas; over, he ran- for the a.g. office, won it, and with it the duty Of fighting to the last ditch fbr the legislation he'couldn't see ais a solon; ' : * IMfidi FIug$, I AJVLto 1 A|L . tollowinit i$: 0 tbtolizotfon o/. thie combined pltigs b/ current fttri^cV M3C; (Wf:AF and WJZ) ond GBS (W4BC) computed /or: the iDi!ik ]f6m Monday throvigh SuniAV iApriX, lAZ), . Total represents acciimulated per~ formances on the ttuo mojor network*/rom 8 a.Tn. to 1 a,m. ; [Dropped for sorriie, months, per^^ .resumption of the plub'j breakdown even though ASCAP, t^^ be logged.^ •TITLE A'mapola :, Wise Old iOWl. ,, ; i . . .. .:,.;' v It All. GbmeS. Back to, M* Now,........ po..i Worry. ;.i . ; . i . . ■ . . . jligh:;ori-:a Windy Hill.. . t '-i Nuiribeir .10 Lullaby Lane. . .';.. ,. .. Walkin': by the.River.. .■>... I Hear a Rhapsbdy.,.... ;>. '. . ,.;.....,:.:. Twb Hearts: That Pass In the Night.. Here's My Heartv,>.. . . ■'.. ...... V.;... iSong of the Islands.:, . i i .; .. ;... You :Walk By;, .> ...;;. ^. V.,. ;,... Gebrgia bn ;My-Mind,, i. . .1 . i. . , i i ; "Things^ I tove.-.•'• • • > ♦''-^ Because of-You..; . ,; .., I Do. Do: Yoir?.;,..;; :./.. My Sister and Ii'i . ', . , , , Perfidia ■■ :.'. '.'^.y. ^.; .:..;. > ;o...v So. You're the One:.;;.,..... There'll Be Some Changes Made..... With a Twist of the- Wrist..........; Keep an Eye on Vbur Heart... Maria Elena;;,..... . .'j.; .;.. . ; ...;.,,.,.., Let's Dream This One Out.;;..;. i;> Oh Look at Me; Now i. ]...;......;.. In the Hush of the Night!; ..;,. You Should Be ;Set to Music......,.. Cj'bye Now..,..;.; .:; . ,; .';.>..!;:... Ida,. Sweet as Apple Cider.;.....;,.; : PUBLISilER ;; i. ..vMairks. ;,. ..;..>BMI ...v., BMI ,;.V; .. ..Southern . . ;;.vBMI . .:. ...■.'Wapreri .>....BMI. r..-:. ;i;;:,;BMI : . ..i...Marks: BMI Mairks .;bmi ■:,•:,.:,, .,.. . .Southern Gampbell^ ,'; ,.'.,..Bmi;: . ..J-/,'- , / ... .Stevens •.. ,^.....Bmi: -.■.'.■.;- .. ;.i.Sbutherri . ....;BMI .Marks ,... .....AMI ;....BMI :;;.; ; ..iSouthern ~ .....BMI .. i . iEhibassy ; ...... ;Beacon - .....BMI .BMI.':....• .Marks ..;. GRAND TOTAL :. 28 •:.;-t':-;-2r . . 25 2i •....: 21 . " 21 .....19 19 ■ 17 -17. ■ 17. •• - m .... 16 -IS 15 : • .14 • 14 14 .... 14 .,'.. 14 -•:.;■,■. 12 •12 : 12 11 11 -.. . . 11 i10 — 10 ■ " (Continued frOm page 40) .- nickels. Anita; O'Day's vocal, however,' is not satisfying." 'Alreet* bthei: of those things: Too noisy and aimless. Miss O'Day ybcals. : Kay Kyser 'Alexander the Swoose'—'Why Cry, Baby* (Columbia 36040) 'Swobse' is one of those 'Three Fishies' novelties that find easy favor on any turntable. Almost all vocal by Harry Babbitt, Ginny Simnris and Jack and Max, the tune is lightly arranged and liftingly played. Lyrics are cute. Reverse is also okay. ;SulIy Mason vocals. Tony Pastor 'Contessin'rr-fl Close My Eyes' (Bluebird 11105) Pastor maintains his average, with the first side. Standard is burnished by a slowly-played arrangement and set solidly by Pastor's vocal and tenor break. Coupling is an average- pop, lyriced by Dorsey Andersbn/ King Sisters 'Perspicacity'—>Where Mountains Meet Moon' (Bluebird 110991) Kings do a neat job on these two; ; First is a rhythm piece from the past, with good, lyrics, ab^y backed by a segment from the AlVino Bey-band. It Itfts.:; Backing is. a listenable piece; of ballad' material under smooth treatment. Sides are liberally sprinkled. with; Rey's gui^^^^ Jimmy Dorsey 'in- Hush of NIffht'—'My Sister and I' (becca 3710) " Both sides machine Items. Fiir.st is good example bf " band's method of using vocalists Bob Eberly .and Helen O'Gonhell; former at ballad pace and lattet in rhythm; It's good. • 'Sister' loses a lot of its possibilities via a tempo, that carries Sob Eberly's excellent lyricing at too fast a speed. - It 11 get p-aniy of play,, however. Accompaniment is neat Mitchell Ayres 'Band Played On'—'South North CaroIIni' (Bluebird IIIOI) There are tasty arrangements of this tune on the counters; Ayres ar- rangement can drop right into; line with them. He bolors it neatly and uses Mary Ann Mercer and Tommy Taylor separately on vocals. Tempo IS proper Gay .90's.' Miss ftlercer's; vocalling stands out on the reverse. , itorry Wood <Thlne:s I Love'—'Talking to Wind' (Victor .27369) WfDd turns in a, nice job: on the first .a capable tune with good ly ic. Background IS commendable. Reverse is listenable also, but not as good material. It convinces only in flashes. -. ■ _ Leo iteisman 'My Sister and I'—'Fairy Tales' (Victor 27375) Jf ?Sronf-f Pf /Sister' is the poorest bf all so fan He plays L^-ll^ ^ advanced tempo, but succeeds in doing nothing out of Sfinwi.?-- almost cbmpletely lost in the final chorus, " ^"u^.i^^u'"//'?*^ which can be labelled one Of her worst. Fairy Tales IS better, but it's an innocuous number. PRO^ALLY GROUP Puts tip ¥600 In'Prizes lor a Theme ; ■■ • Sonr - Woman's Division of Committee to Defend America ty ; Aiding the Allies has started a nationwide contest to find ari original popular song to use ias .a theme to attract attention to the club's purpbse. Total of $600 in prizes has been 'earmarked for win- ners 1300 going to. the best time sub- mitted.:-., / ; ;:• Flock; of :nahies from; all Sbrts of activity and all parts of the country are listed on the: advisory committee Which will select the' Winners in the competitlbn..' : .- '-., /: - R. M; Cooper OfF FCC • Washington, April 15. Robert M. Cooper, former Justice Department lawyer, quit the Federal Gbmmuriications. GpmmiSsibri last week- after two years of special: ser- vice, while entering private pracr tice, he will continue handling spe^ ciial assignments from the D. of J., probably involving radio. Before Joining the FCC legal staff. Cooper did considerable plck-and- shbvel work: teadying the attack on ASCAP. -- BMI Stops 'Cathedral' Catalog departriient of Broadcast Miisjc, Inc., has issued a desist/warn- ing to; its subscribers- in connection witii the airing of'Cathedral in Rio,' a Southern Music publication. This stop ■order, listed by: BMI as 'Vital Changes No. 35,' follows a complaint made by Witmark, an ASCAP af- liliate; :that the-melody of 'Cathedral' is .an infringement of 'Lullaby-Von Broadway, which Witmairk-; copy- ;righled.in Jahriary/193.5.,' • The Southern ;tune was fbrmcrty tagged 'Ahora Seremos Fejices' and copyrighted in .1938. Harry Warren wrote the melody ,of 'L'vllaby' and Rafiel Hernandez did the music of 'Ahora' Which ^ Southern convei-ted into Cathedral in Rib.' WitibaHc: proposes' to file suits later against Southern and the BMI subscribciiJ that Qsed the disputed melody: ■^Lew Porter and Johrihy Lange sold four tunes to Producers Releasing Corp. tot use in 'The Lone Rider Gallops to Glory.' "They are.'Swecl Suzanhah,' 'tinder. Prairie Skie^,'- 'In Old Spiring Valley' and 'Old Cactti!. Joe.'