Variety (Dec 1941)

40 MUSIC Tednesdaj, December 10, 1941 \ ROBBIMS e E I S T publWh top )ta1o9> RDBBINS MUSIC CORPORATION MURRAY BAKER, Pmt. Mgr. On All BmI S«ll*r Utta ELMER'S TUNE Dull* Ellin9ton'< Gr*al*il Sons SuccMt I GOT IT BAD And That Ain't Good Coming J EDDIE CANTOR !n "Banjo Ey«s" Welch for ihh new musical score by Vernon Duke end John Latouche LED FEISI, INC. HARRY LINK, Prof. Mgrr 2 Hi(t by Gordon <nd Warron from *Sun Valloy Stronado' CHATTANOOGA CHOO CHOO I KNQW WHY (And So Do You) Coming I ROONEY 6- GARLAND in "Babct On Broadway" • Welch for this greet picture itoro ty Relph Freed, Roger Edens, Burton Lene end £ Y. Herburg MILLER MUSIC, INC. BEN GILBERT, Prof. Mgr. No< 1 In Radio Porformanco* I ORANGE BLOSSOM LANE At Big A* 'Elmtr'a Tuna' I GUESS I'LL BE ON MY WAY Coming { JESSIE MATTHEWS In "Tho Lady Coqiat Across" Welch for thl§ new mustcel icoro by Vornon Duko end John LatoucAt NBC, CBS, Mutual-Plugs Followirig tabulation of popular music per/ormances embraces alt three netUJOrfci^NBC. CBS and Mutual—as represented bv WEAF—WJZ, WABC and WOR N. Y. Compilation herewith couers tueek beginning Monday through Sunday (Dec. 1-7), from 5 p.m. to 1 a.m., and is based on dota provided by Accurate Reporting Scruice, regular checking source for the music publishing industry. XiTLE PUBLISHER TOTAL Orange Blossom Lane MUlcr 32 Chattanooga Choo Choo—t'Sun Valley Serenade" Feist 23 Famous 23 Witmark 22 Shapiro 22 Santly 21 Bobbins 19 Chappell 19 BVC 19 Berlin 17 Remick 17 Magic o( Magnolias 'Tis Autumn White Cliffs of Dover i Madclaine Elmer's Tune Everything I Love—t'Let's Face It' Humpty Dumpty Heart—t'Playmates' Baby Mine—t'Dumbo' •This Time the Dream's on Me—t'BIucs In Ni<;hr •Two in Love -J. Campbell 18 I Got It Bad. Bobbins 13 Shepherd Serenade Maylair 12 Day Dreaming T. B. Harms 11 Sinner Kissed an Angel Famous 11 Ma Ma Maria Chappell 10 Moonlight Masquerade T. B. Harms...... 10 Tropical MaglC^t'Wcekend In Havana" .. .r." ... .". BVC 10 Why Don't We Do This More Often? BVC 10 Carmichael-Parrish LoseHo Credit' Suit Against Fox on 'Star Dust' Slap-the-Japs ; Contlnnad from pace Is • Indicates AMI licensing; others are via ASCAP. t Filmuiical. ■t Legitimate. Inside Stuff-Music Victor Records has made a tie-up with Liberty magazine wherein they will collaborate on exploiting the song, 'I Saitf No,' from the forthcom- ing film, 'The Fleet's In.' Tune, slightly suggestive as can be gathered from the title, winds up with the line "That's how I subscribed to Liberty magazine.' Its lyrics have already been barred from NBC and CBS net- works, but is being used on Mutual. Tieup between Victor and Liberty is on Alvino Rey-King Sisters' re- cording of it; Jimmy Dorsey has also cut it for Decca. Dorsey's band is in the film, with Dorothy Lamour. 'I'll Never Forget,' the tune which Mayfair intends to make its No. 1 plug aft er the first of the year, was written by Leo Cherne, head of the Research Institute of America. He's an ex-Iowa farm boy who has built up quite a business in New York advising people how to invest their money. Cherne has an organ built into his office desk and in his moments of relaxation he uses it to write songs. Bob Weiss, p.a. for Horace Heidt, read In a mag article that Cherne had composed the number and he got it for the band leader. Heidt recorded It Though Abner Silver's Lincoln Music Corp. has been using 'How Green Was My Valley' as a song title, Edwin P. Kilroe, counsel for 20th-Fox, and Curtis Brown, Ltd., agents for author Richard Llewellyn, have de- clared that Edward B. Marks Music Corp.,-was the only firm who got rights to publish a number under that title. kilroe states that all radio outlets will be advised that the Silver pub- lication Is not authorized, with 20th promising to take action if the com- pany's alleged ^'ights are infringed upon. From 'Tschaikowsky to Whiteman to Me' is a new blend of old world classic and American jazz that Art Kassel is plugging. Since the Russian immortal's Concerto has niade the Hit Parade, the boys are really digging into the files, and Kassel combines both extremes with this ditty. Tschaikowsky, who made the 'Hit Parade' in three different variations of his Concert in B-flat Minor, is taking an encore now under Mayfair Music auspices. Ivan Lane and Kermit Goell have given his Fifth Sym- phony a switch and it comes out as 'Long May We Love.' ASCAP publishers increased their dominance of the 'most played' list last week. Out of the 20 songs that receievd 10 or more plugs only one is licensed through Broadcast Music. That tune is 'Two in Love' (Camp- bell). Meredith Willson wrote the number. Theatres—Exchanges :ConUnued from page 13; ment on the groimd that its system constituted a lottery.' , After moving uptown, where he is operating the Senate with John An- derson, Sam Feinstein sold the Kiva on Larimer street to Scotty Snyder. Derek Sydney, Nattonal Screen exchange' manager, is in Mercy hos- pital witlf a broken hip, incurred when he slipped on the floor at his office. Film Employes Union and ex- change managers negotiating a new contract. Howard Smith, manager of Ideal Pictures Coip. (16mm.) exchange at Littleton, Colo., has been succeeded by Ray Platcek. Smith goes to L. A- office. BnSalo BrleBes Buffalo, Dec. 9 The Portville, at Portville, N. Y., open under management of James Cranides. Ralph Schwartzmayer of Shea's Buffalo house staff resigned, is leav ing theatre business. Walter Davis, manager of the Ran. dolph, Randolph, N. Y., died while on a visit to Birmingham. The Grand, closed since last spring, reopened by Konczakowskl circuit after extensive remodeling. New manager of Steuben, Hornell for Warners is Kenneth Rockwell formerly of RKO. Dave and Harry Bisgier, associated with the art department of Shea curcuit opened downtown doll and toy shop. New 400-seater will be erected at Frewtberg Jjy A .Qatfleld-ol Ban^ dolph. Ground broken this month, opening planned for April. W. Anderson of Mt; Je>#ett, Pa., operating a number of nabe houses in the Pittsburgh area, has taken over the State at Friendship and will open it shortly after complete remodeling. James Kelly, formerly of Hayman organization, Niagara Falls, man- aging the new Leroy theatre at Leroy for the Kallett Circuit, which opened recently. Variety Club held its annual election of officers and crew recently Delegathe to annual convention in Hollywood are also slated for election, Harris Lumberg has returned as manager of the Bellevue, Niagara Falls, replacing Robert Case. John Doering, stage doorman at Shea's Buffalo since its opening, died last week following a long lUness. The Roxy and Genesee theatres at Mt. Morris have been closed by the Kallett and Martina Circuits. cess, thi only escape lies in generous support of the Government by the cash of all the people.' That will be the general theme. Without a war there were $2,500,- 000,000 in bonds sold. That's only a fraction of the foreseeable cash needs of America rising to its col- losal destiny and it will fall, it must fall. It has fallen to the broadcasters of the United States to disregard ell former ideas of a proper amount of 'free time' to give any Government agency. The Treasury is • perhaps incapable of being 'popular* In the frivolous sense, but it must have 'popular' support in the wider sense to give life and reality to the ca- pacity of Americans to provide ample funds without compulsion, Compolsory Savings It is not going to be an occasion for national congratulation if com- pulsory saving must be adopted. A generous response to the sale of bonds will perhaps make some of the unattractive fiscal proposals of Washington unnecessary. At least many hope so. Obviously the radio stations can, beyond any other agency, stimulate an outpouring of money to back the Treasury. It will do itself as an industry and a free agency of a free country great dis- tinction in so doing and it will per- form a real service to the Govern- ment and the cause of victory if it applies its showmanship ingenuity lavishly to these ends. New Title Needed It will surely occur to the powers that be in Washington that the more realistic name 'war bonds' will ring the bell more clearly than the less urgent 'defense bonds.' But perhaps the real charm of a title would exist in this designation: 'SLAP-THE-JAPS BONDS' Meantime the Treasury radio divi- sion, reeling under its new activities, contacted all stations on Monday through the NBC and CBS teletype systems and Mutual's regular con- ference call communication. It may be confidently predicted that the broadcasters will show Washington plenty of spectacular ball-carrying from here in. Everything up to now has just been a rehearsal. Meantime a new series of five- rninute dramatic programs to boost the Treasury Department's sale of defense bonds and stamps are be- ing readied by a group of name writers and producers. Tabbed 'On Guard America,! the shows will be distributed to stations throughout the country. Among the authors contributing are Robert E. Sherwood, William Saroyan, Ruth McKenney, Gertrude Berg, Elaine Sterne Carrington, Stewart Cloete, Mona Kent, Irna Phillips, Katharine Seymour, Mar- garet Sangster, John Pickd^d, Frank Provo,. C. C. Thomas and Carolyn Darling. Miss Carrington is super- vising production and Theodora Yates is directing. Reopening Empire, Sask. Saskatoon, Sask,. Dec. 0 Long-closed Empire theatre. Sask- atoon, will be reopened during Christmas week by Morton-Odeon Interests, Winnipeg. Policy will be pictures ^nd possibly vaudeville brought In by bus from Winnipeg'! Beacon. Morton-Oleon already i;on trols the Tivoll, Saskatoon. Empire was opened 29 years ago .as.a.blgrUme.vaude .house, .., Hayden With Tobias & Lewis Earl Hayden has joined the Tobias Sc Lewis firm as Chicago representa tive. Concern's current tune Is 'Rose O'Day.' Hoagy Camlchael end Mitchell Parrlsh heve lost out In the $50,000 dameges suit they brought egalnst 20th Century-Fox because the pro- ducer failed to give them screen credit in the fllmuslcal, 'Star. Dust.' In telling the defendants'-Counsel why he was going to dismiss the ec- tlon N. Y. Supreme Court justice Denis Cohalan laid down the prin- ciple that when a writer assigns his rights to a music publisher under a royalty contract the publisher has the sole . discretion of determining how a licensee should use the work. During the trial of the issue the songwriter's lawyer asked for a dis- continuance. Justice Cohalan an- swered that he would consent to that technical change In his written de- cision providing the writers pay the costs of the trial. Carmichael wrote the melody of the song 'Stardust' and Piarrish, the lyrics. Mack Gordon Got Ail Credits Song entitled 'Stardust' was pub- lished by Mills Music, Inc., with 20th paying $3,500 for the license to use it in pictures and as a title. Par- rlsh and Carmlcl^ael started action in May, 1940, alleging that in giving Mack Gordon overall screen credit for songs in the film, 20th had ne- glected to give proper credit to the plaintiffs and had thereby committed a libel. Contention was that Ggrdqn, by inference, got credit for writing 'Stardust' and plaintiffs demanded damages end an injunction against further distribution of the picture. In court last week) Julian Abeles, attorney for the defendants, called Elliott Shapiro, Harry Fox and Her- bert Marks who testified to the ef- thr'. ''. was not neiiessarlly a custom where a song Is used as the title of a picture to grant screen credit to the writer of the song un- less previously provided by contract. With Victor Blau and Fred Rafael also on hand to testify on behalf of the defendants attorney for Parrish and Carmichael moved for a dis- continuance instead of a dismissal. Judge Cohalan's decision is re- garded as of considerable importance inasmuch as It clarifies position of publishers and writers. This is re- portedly the first time that a case has come to trial in a dispute over musical screen credits. Last case on record was when. Hoagy Carmichael sued Paramount over a picture title taken from a song, 'Hands Across the Table.' Paramount then settled before the case went to trial. Mmic Notes Frances Langtord closed a deal to make Decca records for the next two years. Bronlslau Kaper assigned to con- duct the music for Metro's 'Some- where I'll Find You.' Paul Stowell working on the score of 'Valley of the Sun" at RKO. Lennle Hayton scoring 'This Time for Keeps' at Metro. Jimmy McHugh Is not only writ- ing the songs but the story of 'A Girl, a Boy and a Band,' a fllmuslcal to be submitted to the studios. HELLO, ED WOLF! Well, here's that Miami sun again I We hope all your friends—Ben Gross, Francis Lederer, Edwin C. Hill, Ben- nett Cerf, Barney Balaban, Irving Berlin, E. Ray Goetz, Jack Bobbins, Phil Spitalny, Harry Flannery, Ike Levy, Afanny Sachs —will again ^ help you meet the Miami / ^ P.S.—HTJBEY—WON'T YOU 1 E W CH AMTim C*«« MAM M T I M C miSIRB_OU CHICAOO OUTSTANDINO RECORDS BY OUTSTANDINa ARTfSTS COLONIAL MUSIC PUBLISHING COMPANY, INC. P««l Cm. PnftMltntl Mut|tr-(AII prtfinloMl mitvlil tvtllibli) IM WEST 13RD ST., NEW YORK LOS ANOELES