Variety (Dec 1942)

96 MUSIC Wednesdajf December 16, 1942 ASCAP Votes Id Ahlert-Lesfie Plan By Wide Margin; Takes Effect in '44 The ASCAP writers classification commiltee is now free to adopt the new plan for allocating royalties, as proposed by Fred E. Ahlert and Ed- gar Leslie, and make the latter sys- tem operative Jan. 1, 1944. The Ahl- ert amendment, serving as an en- abling device for the new plan, has been adopted by an overwhelming vote of the ASCAP membership. The ballots were counted Monday (14). and they showed the writers' numer- ical vole to be two to one in favor. The publishers' numerical vote was three to one the same way. The amendment of Pinky Herman, who favored the establishment of a per- manent 'seniority of works fund' or annual guarantee of a certain portion of the writers' divvy, was voted down. The Ahlert-Leslie plan requires the classiAcation committee to meet but once a year, while Herman sought to make the classification of writer members mandatory once each quar- ter. It was one of these two devices that the writer-publisher members voted. The vote was counted on the basis both of numerical returns and weight vote; that is, the number of voting units determined by each member's rating in the Society. Among the writers the numerical count was 473 for and 261 against, while the weighted vote made it 36,- 136 for and 8,968 against. Of the pub- lishers ballots, 96 favored the Ahlert amendment and 31 were against it. In terms of weighted vote, the pub- lishers' count was 2,643 for and 129 against. Of the potential weighted vote, the results were 76% to 10%. Herman's amendment found the writers numerically two to one against It, and the publishers disposed similarly by four and a half to one. In terms of percentage of potential weighted votes, this amendment rated 69% opposed and 8% in favor. The ASCAP board of directors, at a meeting Thursday (10) voted down a proposal that the balloting deadline for the amendment be extended and Threatens New Plan John Redmond, member of the special writers committee which considered t h e Ahlert-Leslie plan, declared yesterday (Tues- day) he has served notice on the ASCAP writers' classification committee that, unless the latter first reclassifies the ratings of protesting members, he will bring legal pressure against the adoption of the new plan. Redmond held that it would be unfair to most of the writers in the lower ranks if the new system becomes effective before the currently unsatisfactory rating situation was cleaned up as a preliminary step. ROBBINS SETTING UP NEW RECORDING CORP. Albany, Dec. 15. Lion Record Corp. has been char- tered to conduct a business in mu- sical compositions of all kinds in New York. Capital stock is 100 shares, no par value. Attorney Julian T. Abelcs, of N. Y., filed the papers. Jack Bobbins' Idea The setting up of this corporation is another step toward the material- ization of an idea that Jack Robbins, of the Robbins Music Corp., has har- bored for a long fime. He has felt that, like the Warner Bros, group, which has Herman Starr repre- sented on the board of the Decca Record Co., the Metro-Robbins com- bination ought to have a recording connection of its own. Robbins visualizes recording sUb- sids as a common thing amon} ma- jor publishers after the war, and he wants to be ready. the deadline remained as originally set; namely, midnight of that date (10). A TRIO OF HITS We Have Acquired the Song The Whole Music World Is Raving About Why Don'tYou Do Right (GET ME SOME MONEY, TOO!) By Joe McCoy BENNY GOODMAN'S Columbia Record Is Sensationall OUR NEW BALLAD Yesterday's Gardenias By Dick Robert80ii<—Sammy Mysels—^Nebon Cogane Recorded by GLEN GRAY—TONY MARTIN GLENN MILLER—BOB CHESTER CHARLIE SPIVAK (Backed with While Christmas) THE BIG MID-WESTERN HIT The Honey Song (HONEY, I'M IN LOVE WITH YOU) By Curt Maasey—Arhie Gibson Recorded by Lonise Massey and Westerners on Okeh Mayfair Music Corp^ 1619 BVay, New York Hollywood Chuck Rinker 1537 NoHh Vine St. Chicago Vic Duncan 54 West Randolph Sl Green-Knight Catalog May SeU for $10,000 Green Bros. 8c Knight may dis- pose of its catalog at the end of this month. The publishing firm has given an option to buy to Lew Sarnoff, who is at present connected in no way with the trade. The pur- chase price is $10,000 and the op- tion's expiration date Is Dec. 31. At- torney Bernie Miller handled the deal for GB&K. The catalog includes 'Flat Foot Floogie with the Floy Floy.' It is reported that the prospective buyer proposed to have associated with him Newt Ollphant and Michael Field, who co-authored 'The Same Old Story' (HMD. Music Notes Lew PoIUck and Charles Newman writing songs for the Republic fllmusical, 'Tahiti Honey.' Max Stclner completed original music for score of 'The Adventures of Mark Twain" at Warners. Johnny Green, composer and band leader, moved into Metro to work on musicals. David Snell doing the score for 'Mr. Justice Goes Hunting' at Metro. George Stoll preparing the score for 'I Dood It' at Metro. Harry Revel and Paul Webster turned in three songs for Ginny Simms In 'Oh, Doctor' at Universal. Dimltrl Tiomkin moved into Uni- versal to score 'Shadow of a Doubt.' Harry Akst and Sammy Cahn defied 'Play It on the G-String' for Hunt Stromberg's 'G-String Mur- ders.' James McHngh and Herb Magid- son clefTed the new 'Song of the Coast Artillery,' to be sung in 'Officers Candidate School' at Co- lumbia. Harry James, Kay Kyser, Jimmy Dorsey and Tommy Dorsey are facing the cameras at Metro. Their pictures, respectively, are 'Best Foot Forward,' 'Right About Face,' I Dood It' and 'Girl Crazy.' Marines ere looking for a com- plete band for their new base at Pendleton on the Pacific Coast. Any leader who can enlist his musicians in a body is assured a commission. John Salb, WJSV, Wash., pianist and organist, and Shannon Bolin, singer, have collaborated' on 'We're in the Navy Waves,' which was played for the first time and dedi- cated to the WAVES recently. Dave Snell started work on the score for 'Right About Face' at Metro. Scott Bradley used 48-piece or- chestra to score the Metro cartoon. Suffering Cats.' Appeals Ct. Continued from Base K . to protect those phonograph record manufacturers who still had large stocks of unlicensed music when the new copyright law was passed in 1909. "The wording gave them a chance to dispose of such records without subjecting themselves to in- fringement suits. 'We are convincec'" reads the ma- jority opinion of tiic circuit court, 'that it was not the purpose of the ('and published') proviso to effect a discrimination between published and unpublished copyright musical compositions. To give it a*meaning which necessitates that result makes it repugnant to the main body of Section IE But whatever the ex- planation of the insertion of the word 'published.' we must construe the word as out to defeat the legislative purpose, even though we have to give it a meaning more limited than Is ordinarily accorded it...,We hold that a work copyrighted under sec- tion 11 has been 'published' within the meaning of section IE.' Under section IE the copyright owner is granted the exclusive right to reproduce his work. The section also includes a provision making it compulsory for the copyright owner to license any and all recording com- panies once the number has been re- leased for mechanical reproduction. TOTAL 37 34 32 24 23 23 23 22 22 IB 18 17 16 IS IS IS IS 14 NBCCBS,Bliie;MDtiial Pings Following tabulation of popular muHc performances embraces all four networks—NBC, CBS, Blue and Jlfutual—<u represented by WEAF, WJZ, WABC and WOR, N. Y. Compilation herewith cover* week beginning Monday through Sunday, D«c 7-lS, from B p, m. to 1 a. m., and is bo^ed on data provided by Accurate Reporting SertHce, regular source for music publishing industry. TITLE PCBLISHEB There Are Such Things Yankee White Christmas—t'Holiday Inn' Berlin Rose Ann of Charing Cross Shapiro , Why Don't You Fall InLova With Me? Harms I Had the Craziest Dream—t'Springtlme' BVC Mr. 5 by 5—f Behind 8 BaU' Leeds Please Think of Me Wltmark Praise the Lord and Pass Ammunition Famous When the Lights Go on Again CLP *I'm Getting Tired So I Can Sleep Army Moonlight Mood Robbins Velvet Moon Wltmark Brazil , Southern A Touch of Texas—t'Seven Days Leave' Southern Dearly Beloved—t'You Were Never Lovelier',. Chappell I'd Do It Again Santly Manhattan Serenade Robbins Daybreak—t'Pvt. Miss Jones' Feist Moonlight Becomes You—t'Road to Morocco*.. Famous 14 Constantly—t'Road to Morocco' Paramount 13 If I Cared a Little Bit Less Feist 13 Pennsylvania Polka Shapiro 13 Street of Dreams Miller 13 There'll Never Be Another You—t'Iceland'.... Morris 13 Yesterday's Gardenias May fair 13 I Get Neck of Chicken—t'Seven Days' Leave'..Southern n Three Dreams—t'Powers Girl' Remick \i Rosie the Riveter Paramount 10 Every Night About This Time Warock 9 For Me and My Gal—t'Me and My Gal' Mills g Hip Hip Hooray Robbins 9 That Soldier of Mine National 9 Can't Get Out of Mood—t'Seven Days Leave'. .Southern 8 Light a Candle In the Chapel Mills 8 Move It Over Santly 8 The Steam Is on the Beam Crawford 8 3121 Miles Away Leeds 8 Weep No More My Lady Dorsey Bros 8 Yankee Doodle Boy—f Yankee DoodU Dandy'. Vogel 8 At the Crossroads Marks 7 By the Light of the Silvery Moon Remick 7 Over There—t'Yankee Doodle Dandy' Feist 7 Starlight SonaU BMI 7 You'd Be So Nice to Come Home To Chappell 7 Blue Skies Berlin e Out of This World—t'Powers Girl' Remick 6 Paradise Valley Atlas 6 Ten Little Soldiers Lincoln 6 •This Is the Army, Mr. Jones Army 6 A Boy In Khaki'. ABC 5 Everything I've Got Chappell 5 I Lost My Sugar in Salt Lake City Mills B It's Getting the Best of Me Ambassador 5 If I Ever Get Back to Hannah Mutual S It Can't Be Wrong Harms S Taking a Chance on ;Love Feist 5 We're All In It B'way 5 tFilniusical. •'This Is the Army' publishing subsid. 10 Best SeDers on Com-Machines (Records below are grabbing most nickels this week in ^Iceboxes throughout the country, as reported by operators to 'Variety,' Names of more than one band or vocalist after the title indicates, in order of popularity, whose recordings are being played. Figures and names <n parenthesis indicate the number of weeks each song has been in the listings and respective publishers.) 1. White Christmas (9) (Berlin). ) Bing Crosby Decca I Charlie Splvak Columbia 2. When Lights Go On (8) (CLP, { ZLXw'Ji"""".:.:: ..•''o^h' 3. Five By Five (7) (Leeds) {^r"e1l7irS^r^.V..\cS 4. Dearly Beloved (4) (Chappell) {^II^^^./.V;.^]! 5. Why. Don't You Fall Love (Harms) {^.Turg^^r.". .•.•.•.V.S 6. Praise Lord (9) (Famous) {J^|?rJ^AYcsV.V.V.V.^°S^ 7. There Are Such Things (3) (Yan'Kee) Tommy Dorsey Victor 8. Manhattan Serenade (6) (Robbins) {^,ry^ame"'::.•.•.•.•coS: 9. Had Craziest Dream (2) (BVC) ( Jf"""^ J*!?,*' ^"''JCl^i' (Tony Martin Decca 10. Daybreak (6) (Feist) {Jimmy Dorsey..... Decca I Harry James.......Coluntbia OTHER FAVORITES (These records are directly below first 10 in popularity. Tunes with number of weeks in porenfhesis are fading, others gaining.) My Devotion (16) (Santly) ' I Vaughn Monroe Victor Brazil (Southern) Jimmy Dorsey Decca Moonlight Becomes You (Famous)..y. Sammy Kaye Victor There'll Never Be Another You (Miller).". Sammy Kaye Victor Here Comes Navy (Shapiro) Andrews Sisters Decca This Is Army (Army) Hal Mclntyre Victor For Me and My Gal (Mills) I i"'*^ Garland Decca (Guy Lombardo Decca Touch of Texas (Southern) Freddy Martin Victor 3 MUSTS FOR YOUR BOOKS I BURNED A MATCH | MUMBLE JUMBLE (from «nd to end) | 06EEGHEE RIVER LULLABY CAB CALLOWAY No. SSMt Col, _^ BYTVOC , Ino, 168S B'way, N. Y. (A8^f>)