Variety (Aug 1944)

Wednesday, AMgust 2, 1944 ORCHESTRAS-MUSIC SI PAYOLA ON RAMPAGE Inside Sluff-Orcheslras-Music Business done by Gene Kmpa'i. new oicliestra since the leader resumed a couple weelcs ago has been good. Opening in Boston, Krupa and "Night (f Adventure" film (RKO) did appioximately $28,000 at the b.o., consid- fied very good. Following \veek, at the RKO theatre, Rochester, N.Y., ne did approximately $20,000, okay, \vith an average film." "He*"hadTrlayed theie aiound Easter with Tominy Doiteys band. At the Capitol, N Y, cuirently with 'Since You Went Away" fM-G"), Krupa IS ciedited with a good slice of the draw House is getting a strong inormnR play m addition to overflow evening audiences. His op- tion WAS picked up the fii.>-t daj, at a • substantiaL' salaiy incrabe. Hiss curient date is said to call for $7,750 weekly. U S; Army is stepping up distribution of Hit-Kits; monthly song'folder of <>Id and new song hits. August i-ssiie oX 80,000 kits, plus 6,000 orchestrar tion.-:; is scheduled. New kit, consisting ot. eight or nine songs, will include "Goodnight Wheiever You Ate,' "Amor," "It Had to Be You," "Swingin' On a Stai,' "Milkman Keep Those Bottles Quiet" and "You Made Me Love You." ~Hit-Kits, started m Match, "4,3, uith 215 000 copies, was the idea of Col. Howard C. Bronson and Major Haiiy Salter, Special Services Division, Music Section. At Bennett Ceifs )ioii=e the othei night Pfc, Frank Loesser, attached to foe Music Dnision ot the War Dept. in NY, plajed some of his tunes, i^iiich comprise quite a medley. , George Abbott, was among, those present jnd not only did he want to ^Ign a postwai pact with the soldier-songsmith cut the ne\t inoining Max Goidon wanted Loesser to score the new Victor IVToore musical this fall. Gordon had been tipped off on Loesser by Beatrice iMrs. Geoige S,) Kaufman, who was a^so present that evening. Remick Sues American Tobacco, ' AdAgcy.forMonTarade'Row Remick Music Coip, pait of theV Music Publishers Holding tWarncr Bros ) combine ot Remick, Witmaik, Harms and Advanced Music, filed a $200,000 suit in Federal Couit, N. Y., last week against American Tobacco Co. and Foote, Cone & Belding. jspon- nor and ad agency of ^the " Lucky Stiike Hit Paiacle" Thi'- i>: the .secbiict suit; against.tiVe same defend-, unts o\er MPH .songs Fust is still pending in another court tor $100,000, tin behalf ot Ad\anced's "Don't S'veetheait Me" The mote lecent action involves 'Time Waits for No One ' Slid "It Had to Be You.' both Ciirrcni plug tunes. ; . Reniick jisks an iniunction to. re- strain the " Hit Parade'' trom . adver- tising that the songs pertormed con- stitute nine otthe 10 most popular of the week and tliat. the • song.'i ^ire .selected on "the basis o£ a naiion- wide survey. In its complaint, Remick claims that it.s business has • Continued on page ;i4> 2 LES BROWN TOOTERS TO FORM OWN BANDS Two trumpeters curieiitly placing 11 the Los Brown orchestra at the Pennsylvania hotel, N. Y, are fig- laing on building bands of their own. Sy Baker, . former, radio, siudio; mtj-' .'iician; writh "Bi'ow^n ioV Uie past:.n-io.hlh , 'oi, .so,; .lia.S;, been;. talking, to agency men the;pa.st week or .so re a band ot'xiis, dwri;pos.sj.bly witlv.the.baokihg of A. Edward Mastois, attorney. Other IS Randy Biooks, who has ' been' .with. Bfowii fof 'son^,^.'tim arid who signed a contfact with Joe Glascr, Biown's manager, last >car for financial assistiince. Brook.s will leave Brown around Feb. ,1 to head , liis qwn outfit. That'.<; about the linie' Brown will be fini.shinghrs second Penn date, which s'.arts Dec 11 lor at least 10 w eeks Southern Aide Injured In Normandy Invasion Pfc. Mel Richmond, a contact man With Southern Music before going into service, was imured in Nor- mandy--Bbout July 15 and is eurr I ently recuperating in a British hos- jpital.-v,-'^'--.N ' ■ .lack Richmond, his father, is. a veteran songplugger. • . , Coke Ms Maestros Lay Off Own Tunes Producers of the Coca-Cola taroad- t'astsi which-ride the Blue net Mon-. day through Satuiday at 9 30S m, are discouraging the tendency by many leaders lately to crowd the shows with songs ot their'Own, i.e., ■ published bv their-own music firms, General order has been i.s.sucd, or is about to be issued, confining the ma- terial on the bioadoasts as closely as ppsslble to the first 25 songs on the list of sohgs most pl.ijed. Producers aic amenable to lead- ers-doing, their, own songs in in- .stances whore tliey are good orig- inals that bnghten up a broadcast, .;«tc.;(; bitt. resent the attempts 'o£ sorne; leaders to use the time to bolster the performance earnings of their own fnusic firms. Music Instrument Mfrs/ Committees Seek WPB Okay to Resume Work Washington, Aug. 1. ' ,^;'i\1uf:iC instrument Ace.fessory arid: Supply Manufacfurers Advisory Committees have asked the War Production Board for permission to resume production o^ instruments and acces.sories. : It ha.i! been pointed out that this '.Rbrtibh.of industrj' has.fejv war cbn- tracts, and tliat if restrictions on ma- terial.s could be modified, production could get under way with little dtr la.y. Committee asked the lilting of restrictions- on the production of jlririgsl'or instrumehts, permission to'. use - material in exce.ss and idle m- veritofy; iiind for a iitting of the ban vvhieh stops' the production , of musi- eaVinstrumentS :a«d.-afl.eessoriGS con- taining more than lO*"!, of eiitical maicnals by weight Committee a.skcd that pioduction be p-rmitted. at a- rate ilimited to lOO.'.;, of the arnount of critical -ma-, itei'ials-used-.in the. basfe ygar,' IRIETrBllCK TO OLD LISTINGS? Maior inusic publishcrs are rapidly reaching . the explcsive point oyer wiia! liic-y tc.'m "the rampant in- crease" in the practice of paying for plugs. They are rii.u.iling iri.eans' of' putting tee.th,',in(o-<;.bnt.actm^ governing .such : activity^-laws that, heietofoie, ha\e proved ineffectual because they lattly have been prop- el ly enforced ; For obvious reasons therr is little beii>g .said about the methods of com-^ bating the paj ing that's gomg on, but evidence is being quietly gathered loi piesentation to uiling bodies and, from: the reluctant -conversation of the prospective stick-wielders, noth- ing short of complete expulsion from . the music business will he satisfac- tory lor those convicted. ' . ; lilronicaily eiibugh, say spine pitb-r'. li.sher.s, the manpower , shortage is partly rc.sponsi Die for the-latest pay- ola epidemic. Its claimed that con- tact men s salaries have shot so high, even for -men who pre-war were low-salaried cmployee.s, that the lat^ ter themseh'es, m many instances, , can altord to pay for plugs. It's a- new twist 111 the music business ,and_ if it weien't so seiious would be' amusing. . .:They payoff to get plugs, , which keeps them earning a salary high enough to keep paying. When "Variety" last year began the ciirient method of alphabetically listing the. ":ino.st -playedV 'songs, it was done on the theory that it would help stem pa.ving and "drives." There. were numerous objections - to the plan from legitimate publishers who telt-that the .work they put into a , song to get -4t attention would be nullified if the tune's title was low .01-1 ;the alphabet',(>.ince it was khowh radio comniereial producers;, etc., y.-oi.k . jiVitii the .lop .-VO - br 15 .songs), ".yariety," at the tiiTie,vS.tated: that ;the alphabetical listing was only - an, c\pei iment and would be dropped: It its purpose was n'ot' achieved; If the payola: situation as cited above docs not lemedy, "Variety" sees no point in (H-ie current style of' ll.sting "itioM. pl.ii.'i-ed,.-' 'sbrtgs..-and to I'lw th ittuin to the original ■nicthod. ' ," i-.'■. - ,::':,'.f-'' , Tommy Dorsey Deal to Record For AFM-Okayed Firm Falls Through AYRES MAY REORG FOR ANDREWS SIS BOOKING Mitch Ayre,s, who disba'nded hi,» oichestia earlier this year, may re- oiganuc to play the Paramount the- .-I p \ Y, 'vith the Anchcws Sistcis, with ft:hom he .worked a long theatre tour iind made -.several pictures. Andrews', (rid goes -'.ihte ■ the - hou.'ie ,Sept.:-6:'5:;-,":\ '-Cv':-,,; .:'.'', :,-:';,':/-''.i; A\ cs IS currently leading a CBS nousc oand (in the Jack Ptppei show Tucbciaj s at 9 p.m. James Jams 'Em at T.D/s Hollywood, .A.ug. 1. Ha' ry Jatnes, at Ci.sino Garden> o.illioom, packed in 17,000 admis.sions over thice-day weekend, w.th 10,000 acountc-d for Safjrday .-':;.night:' for: regular',an(i :g\ving-shift:dances.-,3^^ ;.s Tommy Doriey'.s spot. .-Record - $et for. beach, danccrie.$. by the totals,- bttt -ncjvt vveokencl looked fbr .as .even larger, due: to'fact -fhat luulorm.s were scarce last week since paydny ins''t until this weekend. Joe Glaser's Own Music Pub Co. Joe Gla.scr. manager of Les Brown, Louis. AiMjistrorig aiid , akroup ■ of ■other bancls, .ha? ..set up a music pub- lish.ihg .firm.; tilled Iht&'national Miisic.-.-- " ^ ..' ■"', ■' -' Outfit -w'a.S: .ehariered: ,in Albany l.'st week bv attorney Bernard '\Iillci, who. with Glase and Morton Willc), i.s listed as one o^ the di- rectors. ,.,''■''/.I'- ''-'.;■;;.:-■■■-:„■■" ■ ■/„ ' Details are not complete enough to discuss, Glase-i itveals. Marks Wants to Protect Johnny S. Black's Estate Edwaid B Marks Music Coi p has filed, answer- in-the suit-over owner- Lship of royalties for the song, " Paper Doll" Recently, Mattit E Shanks claimed.author.ship. ^ " ..- ■ Mark.s avgrs ..that .it ^icquired Re- newal, i-ight.s to. the sbng loi- the'orig- inal.- term of. copyright, ii;pm jbhn.'ny S; ;Blapk,, its'accr^^^ arid -for the renewal .term: of copyright from his widow, .Sallv Black Waldo. Maiks therefoie feels that Black's es- tate and hi.? .\vldo:w ' are -entitled,'to; the. accrue.d -'ro,yaUle.s, - rallier than. Mattie: Sbanks; '-.wh.O -tiovv. eliii.m:s.;4;he wiote thfe iong with Blacks assist- ance. While owneiship ot song and $21,- 000 royalties ' ha.s been - in • dispute, Marks deposited the sum in question witht the coiiit Julian T Abelcs 1'epre.sents him. One-Nighter Field Hurt By Leaders' Out-o£-line Guarantee Demands '.pne-riight guarantee pi'iceR jfbr- the. baiicls of :{he lop and . ".iu..st..belOw'-. .:cla,?s .ar,e. going iUX} higher than the high, mark, they had : previoiLsly achieved 'dtie-, to the heayy .tiimp .in, the cost .of operation, and many pro- moters in the east aie being huit. For bands of the very., top-category, vvhileaskcd prices have been - deemed a,bit-Out of- tirie, they are. not quite so iirireasoriable as the:dream-figures- .being..a.sked by leadci".s,.w'h just below the top ThK siade of band ha.s been-doing damase lately.. - Even -the lop: outfit.'; .are asking too much. While Harry .James did! well oyeran 'on his.- receat tour ($.74,000 for .his -.end: on 10 . dates,-) there were a couple spots, w here .the prOmptsr - }\i,st: a bou t cari-ie out. de- spite good: weather.: He :v\-a.s., booked., for liom $3,000 to $4,000 «uaian(ecs. Only spot he didn't do well-was, at Westview Park, Pittsburgh,- where, a: .storm ruincd the gale. : .tib'weyer,: J.ainps' trip,' frp)ii.,a!-)' ah.-' -glcs, v^as gbbd.. Tiierc'.s in;)'n.y, a ban,d, - ibrliierly-',in.,. the $750 iind $i,0OO.,.,a -.11 ight'Class who won I plav tor less- than $1,750 and .'i.2 000 a.,'ainst a pci- coiilage, and they ha\on t the power, I0 draw 50'i ot the gxilcs J.inies iS j Cajlable of; th-ipy -'arc ' the one.j;'' who . al'p doiiig: the- ■ca.stc!-ir' ,<)iie-rijghtei.: ".siluation,: vjfhiel'i - budnH ,Had'.-a band j 6f- any note -for a couple yt-;ir.«:iititil j I his, summer, .no: good,, Iii addilipn I they are not hfelpi'ng their' ,,futu cause by. dbmandlng: high_ guartrilofeS , and then not diawiug enough to cover it. '-S'-'- '': ,,,- ',,'•■,>:.'-,:-;: DO THEY GET A RAIN CHECK OR PAY CHECK? Philadelphia, Aug. 1. A band eni,.'gcd to play at a base- ball gan>'e.,. d().c,s. no.t ;ha!y'e . to .'be's-paid' if the, gaiiie', iit /called: becaus,e Ol-'ra-iri, ^if-;the band l.'j. notified ,at, least, one hbur ibeibre g.ime -time; of the,' postT - poncment ■—That -'ruTing was-riia^e lsst',week::-by iocai' -??. ■-Mu'^i^^ .Frank :Pa'.y's' .oyche-straj w;hic.h . plays at night ::g!ifrtes at .Shibe-Park'.. -.Tinibri; deciai;ed,.:'hovye:V':er, that, if- the,', ho}ir'.s'. -Ki-ace '.s ''ri'ot .given, rritis.i-^- -.ciari.S:"iri-'us't be--.,p'si.di' ;.''':;,;-'.;'''-;'-'.'.■:'..":-' -'i —Tommy Dorsey. whose nllianc* with Victor Records has kept his or* chestra from recording new material, -. recently sought, unsuccesstullv; to negotiate - a. . ...cieal- with ' .Capitol , Records. This, may not be the fii'.«t i;..stance of a top band atl.ifhfil ii> a Victor or Columbia Record contract (both companies .are stjll at odds ' with James C. Petrillo,' American Federation Of Musicians piez) ap- proaching a: workmg coiTipanv w ith • a temporaiy deal, but its ceilainly the first to eome to prominence. Dorsey assertcdly approached Capitol, Coast outfit owned by Buddy , DsSylva, Paramount- Pictures inde- pendent producer. Johnny Mercer; songwriter, and Glenn Wallich.s- on' the idea of reoordihg-.h^^ band- linlii ' Victor irohid things out, with Petrillo " and went back to vvoik. He ap- parently had . Victor's :- permi.ssifm. . Capitol, however, refused to record the band without a definite contract, which Victor, ot course, wouldn t countenance. In addition, Capitol couldn't promise Dorsey a minimum ,0.1 - S)rodu:ctioir,,'',\v-h!c4.: .'he- is §aid lo. have asked.: - - .' - . . While there may have been other instances of Columbia and Victor ; names mulling temporary .shitls to other companies for-the- duration of the Columbia-Victor fl",ht with the AFM, thpre has been none concrete enough to point out until Dor.se'y s move. Most artists contracted to Co- lumbia and Victor, Vwhile'-.they have not been happy, have strung along with thojse companies on the premise' that the dispute would settled momentarily. Even if some-had a de» -ire to move tj manufacturei-^ back at work ; It wouldn't: be easy since the latter are hard put to get pro-' duction for their own artists. To keep Its artists as happv as ptssible, Victor is claimed to have promised them that during the cut* rent year it will lelease as many old d'scs as It can to achieve t-^o things-' *1) to keep tlieir names on iecoid.s before the public and (2) to sustain lecordmg eainmgs Victor is said to have virtually promised its top names that thtif '44 earnings would, approximate past royalty collections. ARTIE SHAW FORMING 40-PIECE ORCHESTRA ^ Hollywood, Aug I Artie Shaw today confirmed his : plan to form a 40-piece orch in the near future, adding he has offcis for ' several airshovvs and film dates upon reorganization. Top bandman, arrangers, and. former stars of Shaw's musicic>v aie being lined up^ by contact men. ; Maestro will take over reins of the group upon moving into his new home within a month. ASCAP RADIO SHOWS BEAT BUCK'S BEEF \GeBe.,-BuCk:'.c-iii'rcn.t|y chairman of the executive bo.nd of ASC.AP lec* omhjcnded. ...it ;.la.st .v.-cek'.s board meeting' ,that, Ihc Socibly- ilrbp '.the' prppared. i'jidio program il, ha.s: been .s'nipping . put- to' bv(,r :t|().0;.radib ■ .sta.V t'ion's' for .'-.rnorc. Ilia n a y C'ai;.; .-. Btlft.k'S- as-eitcd icason foi tie jMomnienda- ■tiori:, \va.5 that' Ihii iraRi'am,- :w'hic'h ',eb.sts,-,the. Sboicty ihto live - fi,ii}ii'C..s sn- iHially to procHicc, -vyjj.s. riot .i>(;c(5iti-- pli-shmg anything; and that.thf-y .were: I badly done } - r.Sbciety-.bo.ard'flatly' i'eifecto.d 'Buck's 1 proposal. ■ '. . - - : Bfrwiek Mu«ic Corp. chartered to co'ndu'ct ,a.' iTiiisic-^piibiisbihg busirite^^ ];j:n; i^.; Y^.;with la'-oapilal^stoclt of; 100 shaies, no par value Directors, Leo Giinz, Joseph AI. Senfeld, Grace Klia^. all of N, Y, William R. Berki -on, N. Y., 6ijiig attorney. Classic's New Series ;': ;CI.l-s-sic -'HeCord:-Gb. will ..b<>;iii.i ijiar'f kt'tihg:-a ri;e\v- -y.^c"^ ;'¥t;ri:c'.=!, HOj{-i,'inbritft„-. ':und:cr' -its -'-.'hit''' iil)b','.,.faiit-'iviih, a.-dif^,' foicnily colo.cd labtl. Initial ir-leasc v.:ll be "The Lord's Pla^cl•,' to be :..i*cib,)f(ied-:',bj«.'Jre ,l,aiT 'Oi'che.str^\'-undf.i' the (liiJeclib the 'pllic; neiv>-oJM<'s :Jo,¥;<';f .Sk)p.!ik. ■ ^:H,it''^Kqi-etbforc.Jra?--C'pn-fined ilmOit excluiivoly 10 recording "hit" .-SOrigS, :-"i'^' ,'''. ""?':,-'' -'' .''-''■'■; - -";.,' . Divorcing; - Snaw and his wite, Betty Kei n, dcTughter of Jc.ome Kein, have -ep- arated a'rid a .divorce is itnmiriehtv Couple .married m-- Yuma- March. .3, - 1042, and have a jcar-oid soii. New Boston Band Spof Offering High Location Coin New band loadside spot 12 mile» outside- Boston proner, is . going in for a^ name-barld policy and is otfer- ing high prices. It has booked Ted Fio Bito band for a lun bcginn tig Aug. 24 and has offered, it's claimed, as high as, $.1,000 weekly - for, -bfiiej:, names. That iigure is unusiially high for a location spot. . ; ' .Spot has yet .b'ctn -ftamS.fJv bul';it'j being operated 'oy the gouth Shore Corp. It's at Weymouth, Mass Date Bet-(Ui<rin .shifts liom E. B. IMarks contact staff to CiipHol .Songs. McCune Back to N. Y. Bi:i ;. McCunc's orchestra comes nto New Yoik for the first lime in I vcars Aug 25, opening at the Edison no'tel. He'll 1 enlace (he curicnt Chris Cioss band, which Will be ex* 'ended until then. McCunc goes into Bill Cireen*»' Casino, Pittsourgh, Aug. 4, stayins: tintil the- Edison date.