Variety (Dec 1942)

MUSIC Wednesday* December 30, 1942 Sengttack Scores Maddy s libel' lint Pubs Nixed Patriotic Tunes For OCD Songsheet; No Offers Made Dr. James E. Maddy's charge that Mrtain publishers had refused to Oontrlbula patriotic numbers to a national song sheet of his unless they received 'exorbitant and outrageous •urns' last week aroused bitter pro- t«sts from the publishing industry. f. t. Sengslack. president of the Standard Music Publis)iers' Assn. of the United States, scored Dr. Maddy's accusation as unfounded, , tlnce no olTer had been made to or refused by any publisher. Sengstack rebuked the chairman of the Michi- i|an wartime civic music committee or 'libelling reputable music pub- tshers.' Dr. Maddy, who has worked for ■avaral music firms as compilator of folios, declared in his statement the royalty demands of publishers had stymied him from including The Caisson Song,' 'Semper Paratus' and "The Army Air Corps Song'' in a ■ongsheet of 25 patriotic numbers which was to be published by the Federal Office of Civilian Defense ioT use in community singing. He *aid that he had offered the pubs in- volved a penny a sheet for use of the oumbersi but they had rejected the offer. Louia Bernstein, head of Shapiro, Bernstein & Co., which holds the Copyright to 'Caisson' was among tho8« who protested to Dr. Maddy by wire. The latter telegraphed back, 'Unfortunate news release due to misunderstanding. Correction statement sent to newspapers. Let- ter follows.' Sengslack also addressed a protest to Col. Harold A. Furlong, Michigan director of civilian defense. The trade association's prexy wrote that he was surprised that a representa- tive of the Michigan Council of De- fense 'should have been permitted to libel reputable music publishers' and to 'give the impression that the council believes that it is proper to appropriate the property of another.' Maddy Eegrets Col. Furlong answered Sengstack that 'the misunderstanding' which had arisen over Dr. Maddy's state- ment was 'most unfortunate' and he 'fully realized that the Standard Mu- sic Publishers' Assn. and its member- Ship are anxious to help the war program in every possible manner.' Attached to the colonel's letter was a statement from Dr. Maddy in which he stated that he accepted the announcement of publishers that no offer of payments for their patriotic numbers had been made to them in 'complete good faith.' and that he 'agreed that an injustice had been done them if the public had gained the impression that they are ac- tively opposed to any arrangement for the use of their songs.' Dr. Maddy added that he was 'sorry for any such injustice.' Best-Selling Records in S. America Buenos Aires, Dec. 22. U. 8. pulled ahead of Central American and Mexican numbers on South American best-selling disc lists during December. Following best 10, compiled from data obtained from dealers and producing companies' headquarters in Buenos Aires, represent choice not only in this country but for adjoining South American republics: Pedro Vargas Victor Osvaldo Norton Odeon Feliciano Brunclli Victor Elvira Rios Victor John Calabry Victor 1. Amour, Amour (Mex), Corrido.. 1. Insensiblement (French) . (^'^ Ventura Odeon ■■■(Eduardo Armani Victor , _. (Eduardo Armani Victor ■. Jingle, Jangle (U.S.) \ Merry Macs Odeon ( Guy Lombardo Odeon 4. No te Apures Carablanca_(Arg ) ( Lucio Demare Odeon ^ ^' ^Anibal Troilo Victor Glenn Miller Victor Andrews Sisters Odeon Bob Crosby Odeon Les Brown Columbia Jimmy Dorsey Odeon Jan Savitt Victor Eugenio Nobile Odeon Roy Smick Odeon Kenny Baker Odeon T. Bosque de la China (Arg ) JFeliciano Brunclli Victor (Jose Garcia (rhumba) Odepn a. Don't Sit Under Apple Tree (U.S.). t. Always in My Heart (U.S.). JAnibal Troilio (Pichuco) Victor \ Miguel Calo Odeon Hugo del Carril Victor Eugenio Nobile Odeon Anibal Troilio Victor „. . „ [Angel D'Agostino Victor W. Wmdow Washer Man (U.S.) Eduardo Armani Victor i. Lejos de Buenos Aires (Arg.). >. Papa Baldasar (Arg.). Jutt Like Ft Wajmo Chicago, Dec. 22. When Art Jarrett arrived In Ft. Wayne, recently to play the- atre date, publicity agents had planted several signs throughout the city saying 'Welcome Art. Jarrett." A hotel across the street from the theatre he was playing also displayed the sign, but when Jarrett applied for a .room he was told, 'Sorry, we're all out of rooms.' 3 WB FIRMS TO PLUG ONE SCORE Three music publishing firms have been designated by Warners to handle the score for its 'Thank Your Lucky Stars', the first time a single score has been so divided up among three publishers. WB's Remick, Harms and Witmark will publish. There are 13 tunes, eight of them to be plugged. Arthur Schwartz and Frank ('Praise the Lord") Loesser wrote the PEACE SONGS SELLTHEBEST The fancy of the music publishing industry is tickled by the circum- stance that three of the top sheet sellers of 1942 tall within the cate- gory songs. They are 'White Christ- mas.' 'White Cliffs of Dover' and 'When the Lights Go on Again.' No outright nghting song. 'Praise the Lord and Pass the Ammunition' being accepted as a semi-jive novelty, has even come close to the trio's sales levels. Sheet music b.iyers obviously preferred those songs which struck a responding chord to their yearning for the day when peace and light would again prevail. 'White Cliffs' reached a total sale of 575.000 copies. 'White Christmas' has gone over 1,000.000, while the sheet turnover on 'Lights' is already 375,000 copies. Mii»c Pubs %ee to $10 Per Masta* Royalty Fee for Iranscription Makers The music publishers, whom Harry Fox serves as agent and trustee on mechanical rights, last week decided to go along with the manufacturers of recorded radio libraries for an- other year on the basis of the 1942 royalty fee, which is $10 per tune per master. The transcription men h(d argued that their plea for the status quo on price was a fair one, since there was no telling how hard their library subscriptions would be hit by the continuance of the American Federation of Mu- sicians' ban on recording. It was also pointed out by the transcribers that their income from libraries had already been seriously affected by the drop in local re- tall accounts among local stations Local reUil advertisers commonly make heavy uSe of recorded librar- ies. After obtaining the price deci- sion from his clients. Fox last week issued basic agreements covering the 1943 period to the World Broad- casting System and Associated Music Publishers, Inc. The fee for a li- brary master in 1941 was $15. The pubs granted the transcribers' re- quest for a reduction at the turn of 1942 because many of their station subscribers had not as yet obtained ASCAP licenses. NBC. CBS. Blue. Mutual Plugs f°"T''"". 'o"'"""" °^ Per;ormances embraces oil four "J'^^orks-NBC. CBS, Blue and Mutual-a, represented by WEAF WJZ WABC and WOR N. Y. Compilation hereu,i,h coders t^eefc be^iS Monday „.ro,^,. Sunday. Dec. 21-27, /rom 5 p. m. to 1 a. m., and U baZ TITLE PUBLISHER TOTAL Berlin sg White Christmas—t'Holiday Inn' You'd Be So Nice to Come Home To cZTr,.u Why Don't You Fall In Love With Me?!!! i!!'' S^!!.";". /;;/';;; ];;;;;; Brazil snapiro 24 U""",."!" Craziest ■Dream-rSpringtime'.\\"::;BvC^"" " Moonlight Becomes You-f'Road to Morocco'.. Famous' I, There Are Such Things "IT, 1" 21 20 19 19 Things Vanli-oo For Me and My Gal-i'Me and My Gar !!!!" A Touch of Texas-;'Seven Days Leave' Southern' When the Lights Co on Again p?p Moonlight Mood • Bobbins . 17 Please Think of Me ... uru i Mr. 5 by 5-rBehind 8 Ball'.'.'.'.'.'.■; i;S \l Constantly-t'Road to Morocco' pframn-.n; I'd Do It Again Paramount 13 If I Cared a Little Bit Le.;s.'.'.'!.'.'.'.'|'?st ? That Soldier of Mine M«ti„n',i!2 Pennsylvania Polka ^ulnWn \l Three Dreams-t Powcrs Girl'I '. ', i . : '. '.:;Sck 2 •I'm Getting Tired So I Can Sleep . . . . . ArZ J? Yesterday's Gardenias Army It (Tan t Be Wrong—fNow Voyager'.'.".".',".'. .. .'Harms'"^ Arnstein Soes Again Alleging the 'piracy' of his copy- righted song. 'Kalamazoo,' Ira B. Arnstein of N. Y. Monday (28) filed suit in the U. S. District Court seeking the recovery of more than $12,500,000, based on 50,000 usages at $250 per. The defendants named in the action are 20th Century-Fox Film Corp., which used 'I Got a Gal in Kalamazoo' in film titled 'Orches- tra Wives:' Bregman, Vocco Sc Conn, Inc., publishers, and Harry Warren and Mack Gordon, writers. Arnstein is a congenital litigant in the music biz. In fact, his com- plaint stales that, 'this song is the 48th of such infringements by the Tin Pan Alley publishers and song writers.' inilllllilllllililiillilllllOH^ il^ytl^]'%^\'^ Ammunition'.'.:".:".".".Famous 10 Stai light Sonata qmi \n Street Of Dreams ::::i:!!^^r'.'.'.'.v.";:!!!!!!!!" S Velvet Moon Witmarkin Dearly Belovcd-tYou Were Ne'ver' "Lo;e"li"er"'; ".Chappell 9 "'P ."'P "°°"y, Bobbins ■.■.'."..; 9 I Wish I Wish I Wish Marks 9 I Just KLssed Your Picture Goodnight...!.'"" Crawford9 Cant Get Out of Mood-t'Seven Days Leave'..Southern 8 Manhattan Serenade Bobbins 8 The Steam Is on the Beam Crawford 8 Take It From There Miller 8 Winter Wonderland bVC 8 Rosie the Riveter ^'.'.'.'.'.'.'.'.'.'.'.'.'.[ Param'ount ".'.'.'.'.'.'.'.'.'.'.'^ 7 Santa Claus Is Coming to Town... r^eist 7 Babble-ee Babble-o World6 Daybreak—t'Pvt. Miss Jones'..'.'.!'.'.!.".;!'Feist .!!!""'!6 I Get Neck of Chiekcn—fSeven Days' Leave'.".Southern '.".'.'.'.".".".".'.'.".".'." 6 There 11 Never Be Another You—t'Iceland'.... Morris 6 This Is the Army, Mr. Jones Army .... 6 Weep No More My Lady Dorsey Bros6 As Time Goes By !!!Harms "."... 5 Blue Skies Berlin 9 Over There—t'Yankec Doodle Dandy' Feist . . 5 Paradi se Valley !!!!!!!Atlas .'.".".'.'.".'.".'.".".' 9 tFilTiiimcal. "This Is the Army- publishing .subsld. Phil Ohman and Foster Carling cleffed 'Lullaby of the Herd' for Harry Sherman's 'Meet John Bonni- well.' HadI King and Jack Norberto cleffed a new war song, 'Keep 'Em Happy,' for printing by Memorie Publishing Co. iiiiinaiiiiiiiniiiaiiiiiffitimiijK^ tooNLIGHT MOOD •MM •Mi* ■ Ml* ■Mai HiH mSm •Ma* aM g a •MM iHS lyrk Harold Adamson Mask by .Ptter Dt ffotc :ss PJl SET AROUND MUCH ANYMORE Lyrie by Bob Russell ROBBINS MUSIC CORPORATION •■■■a M*M 799 Seventh Avenue, New York, N. Y. Music by Dukt Ellington •M*a I "in Murray Baker, Prof. Mgr. M • ■•■a dlHI}ll|ii|i|||||j|ll|||il|j|i||iji||j:|||||||H