Variety (Sep 1941)

Wednesday, September 24, 1941 MUSIC 4S ASCAP STILL SUSPECTS STALL Spectacular Crawford Career Over Former Jockey Skyrocketed to $2,000,000 Worth, Then Lost All in Stock Market—Dies at 52 Bobby Craw&rd, 62, who took a fortune of $2,000,000 from the music business and lost It shortly after- ward in the stock market crash of 1929, died of a heart attack at the Ritz Carlton hotel, Boston, last Sat- urday (29). Crawford not so long ago became Al Jolson's business manager. After his attempt to come back in the publishing business had failed, Crawford in the mid 30's became a Hollywood talent agent and when he returned to New York it was as co-producer of a legit pro- duction, 'Separate Rooms.' Broadway wags were often given to describing Crawford as the music "man who 'ran a $2,000,000 bankroll down to a shoe- string.' Crawford's success as a publisher was spectacular. From a jockey around Chicago he drifted Into the vocation of songplugger. He hadn't been in New York very long before he organized the firm of De Sylva, Brown & Henderson and out of this combination came one smash hit after the other. He drew $1,250,000 as his share of the selling price to Warner Bros, of a group of music catalogs. At the time he had an ad- ditional $800,000 in cash and securi- .ties and $3,000 to $5,000 a week com- ing In as a backer of Schwab & Mandel musical comedy productions. It was while he was in Europe that the market cracked and in trying to save his holdings Crawford tossed in everything he had left over plus $225,000 that he borrowed from Max Preyfus, who was associated with him in the WB deal. The Dreyfus loan became public the past July when Crawford flled a petition in bankruptcy with the N. Y. federal court He gave his liabilities as $453,365, and assets $250, with the latter consisting of clothes, etc. Tried Again In 1932 Crawford re-entered the music business, buying back the .DeSylva, Brown & Henderson cata- log for less than $100,000. He be- came deeply involved in debts and In 1938 this catalog passed to Drey- fus. Crawford quit the music business and went to Hollywood. On his return to New York with 'Sepa- rate Rooms' Crawford talked to his old intimates about hoping to get enough money out of his share in the legit venture to buy back his old music catalog. That hope did not materialize. Instead came the filing of the banliruptcy papers in which persons connected with 'Separate Rooms* were named as creditors. His widow, Mary Lucas Crawford, former showgirl, survives. There's also a son, Robert, Jr., by a previous marriage. He's with Columbia pic- tures. Burial was in Chicago where his family still resides. Murray Wizel Manages N. Y. Office of Tempo Murray Wizel has taken over the management of the New York office of Tempo Music, Inc., another pub- lishing subsid of Artie Schwartz. Schwartz, who operates a chain of music counters on the westcoast, has two other publishing enterprises, namely, Saunders Music Co. end Maestro Music Co. Merry Macs_ recorded 'Annabella,' from the Monogram picture, 'Zis Boonv Bah," for Decca. British Radio Plugs (Week Aug. 18-24) London, Aug 27. 'Dolores* "....Chappell 'Darling Daughter' Chappell 'Amapola' C. C. 'Cornsilk' Cavendish 'I Yi Yi' FDH 'Mr. Brown' Maurice 'Hut Sut' ChappeU 'Think of You' Maurice 'Forget-Me-Not Lane.., .Wright Doesn't Mean A Thing*.,..FDH 'Love At Last' ...Sun 'There I Go' C. C. Promoters Sue To Recover Fees FromASCAP Oscar F. Johnson, Edwin H. Ship- stad, and Roy L. Shipstad, who. as partners produced the show 'Ice Follies,' flled a $6,309 ^ult in the N. Y. supreme court Wednesday (17) against Gene Buck as president of the American Society of Com- posers, Authors and Publishers, claiming that ASCAP granted them the right to use songs on which ASCAP had no license, and as a result plaintiffs were forced to pay the real owners. Songs Involved were 'Sometimes I'm Happy,' 'Who,' 'Tea for Two,* 'A Kiss In the Dark,' 'Toyland,' 'March of the Toys' and ■Cho.' "■ ASCAP licensed plaintiffs for their production at Madison Square Gar- den which started Dec. 2, 1940. On Dec. 3, 1940 Tams-Witmark Music Library, Inc., Informed plaintiffs that it owned the rights to the tunes used and plaintiffs were Infringing. ASCAP was then notified, accord- ing to the complaint, and told 'Ice Follies* that it had nothing to fear since the rights were invested In It. At the end of the run of the show. It is alleged, plaintiffs were notified by ASCAP that It had made a serious mistake and that the rights to the music did hot belong, to it. Plaintiffs were forced to pay Tams-Wltmark $6,300 In settling the account and want that sum back from ASCAP. BORCHARDT IN U5. RECORD BIZ Herbert H. Borchardt, who as manager of the Polydor firm for 12 years, had much to do with the dis- tribution of the Brunswick and Decca catalogs in Europe, arrived last week from France to make this country his permanent residence. His family is with him. After he has become settled Bor- chardt intends to do some Indepen- dent recording, using refugee artists who are known to American record buyers through the import of Euro- pean masters. JAY LEVISON and RAY EVANS, Writen of "G'By« NOW," Say IICI I A TUrnCIt And Miny Thanka To nCLLU intnC "the triple-threat QUINTET" DEEP RIVER BOYS For Their Vocal Arrangement and Repeated Broadcaati of Our New Song "HELLO THERE" on the NBC Networks That'* Really "HIGH JIVE FROM ALL FIVE" lEVISON-EVANS MUSIC CORP.. 336 W. 24th St. New York 'IT'S TIE LEGIIL m: SAY lilEBS Further Delays in Signing Produce Impatient E: asperation Among Many ASCAP Directors — Some of Latter Still Urge Trust Suits as ASCAP's Only Effective Weapon OKAYS SLOW There was a grand New York re- vival this week In ASCAP, and part- ly in advertising agency circles, of suspicion of a 'gigantic stall' by the networks against signing a contract with ASCAP. To this charge the webs merely laugh, blaming the ad- ditional delays on the lawyers and the staggering legal detail. Skeptics take the position that either NBC or CBS can miraculously clear the way for any project, however compli- cated, which appeals to their self- interest Skeptics see the stalleroo as pos- sibly prompted by a desire to save performance fees for another quar- ter and to give Broadcast Music, Inc., a further special competitive ad- vantage in time. BMI has worked up ■ very considerable momentum through nine months of greenlighted speed while its ASCAP publisher rivals were stalled, almost motion- less. Tenor of the sentiments expressed yesterday by some ASCAP directors was also that a meeting of the board should be called within tiie next two days for the purpose of instructing David Podell, special ASCAP coun- sel, to serve NBC and CBS . with papers in a combination In-restraint- of-trade suit and to seek his advise on calling the' alleged conspirative behavior of the two networks during the recent negotiations to the atten- tion of the U. S. Department of Justice. These directors stated that ASCAP had been exercising the ut- most patience in working with the networks but that It was becoming apparent the more tljan AsCAP was inclined to give the more CBS, especially, was inclined to back' away. New CompUcatloii Whereas a couple weeks ago Co- lumbia disclosed that it had all its affiliate lined up to approve any deal It made with ASCAP, the same web yesterday (Tuesday) stated that it could ;iot exchange signatures with ASCAP until all the CBS af- filiates had seen the printed contracts and had declared in writing that they wouldi pay their share of the net- work fees for ASCAP music. Early last week NBC reported that it pro- posed to get out riders to its affiliates for the same purposes immediately but yesterday (Tuesday) NBC de- clared that it would wait until Co- lumbia completed its deal with ASCAP so that NBC could send out the same contract forms to its af- filiates as Columbia issued to its own affiliates. Columbia yesterday (Tuesday) stated that all the points in the va- rious new ASCAP licensing forms have been Ironed out and all that was left was drawing up the final drafts and turning them over to ASCAP for relay to the printers. Also that CBS could not consider exchanging signatures with ASCAP and setting a date for the resump- tion of ASCAP.music on the net- work's facilities until the affiliates have had a chance to study the lan- guage in the network contract and to remit their signatured agreements to the CBS home office. NBC had ttie week before declared that it was pointing for Sept. 28 as the starting date for ASCAP music on the network. The same source yesterday (Tuesday) spoke of hop- ing to get the music on in early October, while Columbia said that it thought that it might be possible to start feeding the ASCAP reper- toire around the middle of the same month. NBC added that as soon as ASCAP Calls License Fee Issue By Film Exhibs a Rallymg Cry For Building Up Trade Association the printed contracts were out to the affiliates there would be a con- certed push on the part of the net- work station relation staff to get the signatured forms back as quickly as possible. Meanwhile NBC has advised ad- vertising agencies that have ap- proached it on the question that there will not be any blanket contracts is- sued for the use of ASCAP-controlled collegiate music during football broadcasts. The agencies have been informed that any applications for such music will have to be made according to the form required by the Society's consent decree with the U, S. Government. An appli- cation will have to be made for each individual number and in each in- stance the writers and publishers will have to be consulted before a price can be set or a license issued. Chafing to Go, Biz Waits On Trade Harmony With ASCAP-radio "peace* deemed imminent, the big romance between the pluggers and the maestros has been intensified. It never was per- mitted to' cool, always with an eye to future goodwill, even though net- work wires were tabu for ASCAP tunes, but now the boys are starting to fraternize in a great big way In readiness for the time when the So- ciety's catalog gets radio clearance. Meantime, there's much chafing and fretting because of the uncer- tainty of dates and dating. Bands still are holding off stocking up on new ASCAP tunes, not knowing when these arrangements may be performed over the air, and the publishers are vexed for the same reason, since they are unable to prime any plugging campaigns. It's« one consolation that the recording companies are playing ball—despite the CBS-Columbia and RCA-NBC af- finity—and are cooperating on get- ting the new tunes In readiness for release, as when and if the pluggging campaigns can get rolling. SLOWING DOWN ON RELEASES A slow-down move on releases, as a means of catching up on backlog orders, Is one means that the phono- graph recording companies are en- listing in order to maintain pace. The albums are being cut down, and a week or two ago, both Co- lumbia and Decca skipped 'new re- leases' entirely, as a furt{ier means to catch up. Independent Theatre Owners As- sociation of New York last week issued a statement that it has re- tained the law firm of Weisman, Celler, Quinn, Allen & Spett, to sue the American" Society of Composers, Authors and Publishers for triple damages which would include the license fees paid by exhibitors dur- ing the past six years. The action, according to the announcement, will also seek to enjoin ASCAP*from col- lecting any more fees from such sources on the ground that the ASCAP small rights performance fee is but an additional charge for rights already paid for by the pic- ture producer. The announcement suited that data was being collected by ITOA coun- sel from various exhibitors who are checking their records to determine how much they have paid ASCAP during the six-year period. The as- sociation figures that 300-odd ex- hibitors will be named as plaintiffs. ■ Reaction of the ASCAP manage- ment to this announcement was that the whole thing looked more like a campaign to build up a trade asso-- elation than a test on ASCAP's rights to collect a music fee. Every trade association, it was said, needs a rallying cry and ASCAP believes that It happens to be a convenient one at the present time. The ASCAP management added that it was yet to be served with papers in a similar suit that a similar trade as- sociation in California announced weeks ago that it was going to bring against ASCAP. It was further pointed out by the ASCAP management that proposed suits were predicated on the fallacy that the mechanical right which the producer bought was interlocked with the performing rights granted exhibitors by ASCAP. What the producer paid for was the right to mdke a dramatic version of a par- ticular song, while the license granted exhibitors covered the right to perform all songs in the ASCAP catalog. Under the copyright law the two rights are totally unrelated and each requires a separate license from the copyright owner. SAUL^ORNSTEIN CRITICAUY ILL Saul H. Bornstein, v.p., and general manager of Irving Berlin, Inc., and member of the board of ASCAP, is critically 111 at his East 7Sth street (N.Y.) home with what is described as 'a virulent case of double pneu- monia.' The crisis was expected be- tween last night and this morning. He has had several doctors in at- tendance. The veteran music man walked out suddenly from an Important ASCAP (radio contract) meeting a week ago Monday (15), much to the surprise of his confreres, and not until later was it disclosed he had been walking around with a high fever. Blasting Hotter I I DON'T WANT TO SET THE WORLD ON FIRE Tommy Tucker—Okeh 6320, Horace Heidt—Columbia 36296 Gay IxiinbaTdo—I>ECCA 3SM Dick Todd—BLVEBIBD 11291 Ink Spots—DECCA SBBT , Mlt«h«ll Aye»—BLVEBIBD 11275 The ChnriotMrs—OKRH 6820 SkJnnay Ennis—VICTOR 2iwe Dick Robertson—DECCA 8081 Bon Bon—DECCA 8980 Harlan Leonard—BLUEBIRD 1091S CHERIO MUSIC PUBUSHERS. INC. 1686 Broadway, New Tork City