Variety (May 1946)

Wwluemlay, May 29, 1946 OII4 lIKSTII VS-MLSie 47 Becomes Complicated Over Appeals Irving Berlin and the American* Society of Composers, Authors and Publishers' . classification committee' seemingly »'e making' a serious is- sue of the availability-point, worth of Berlin's catalog of ; self-written songs. Originally awarded 4.000. points after splitting with Saul Boruslciii,. his old partner, mid selling' up the new. Irving. Borin, Inc., Berlin, has since'been, battling steadily lor the 5.500 points he thinks his material is worth in the ASCAP scheme. Several weeks back, after.months, of' wrangling. ASCAP's .appeals board jumped Berlin to 4.750 points, splitting the .difference" with him. publishers' classification committee, emisisliiiK of the publisher members of the directors' board, were not goinn to disturb the. appeals board ruling. But last week Berlin .ap- pealed the new rating. Priinipllj\ Ihe classification: com- mittee appealed the appeals board award to the writer-publisher of the. 4.750 points. Which moans thai the publishers oil .the main board are now contesting the appeals board boo.-t and want to reduce Berlin to Brandwynne Into Biltmore Nat Brandwynne's orchestra tolr lows the current Dick Stabile into the-Billmore hotel. N.Y., June 12. for eight weeks. When Brandwynne opens, however, "the .'hotel's enter- tainment will be shifted to the Roof from the current Bowman Room. Biltmore is Brandwynne's second major N Y. hotel this season. He re- cently finished at the Roosevelt, nearby. He was supposed to go into both the Waldorf and the Rivi era, Fort Lee. N, date worked out. Coin on the Side Hollywood, May 28. Billy McDonald, one-riile-stand booker in Frederick Bros,' local office, apparently keeps up his Kales gap, even under ether. He entered Good Samaritan hosp here last week fo'r an ap- pendectomy. Two days later he had booked Al Jahns' orchestra for the an- nual nurses' dance at Samaritan, June 14. Suit-Happy Scribe ain Dorsey Bros. Pact Hypoes Meadowb'k, Terrace Rot. Talent Grabbing Contest Rivalry for band talent that has existed between Frank Daileys J., but neither Meadowbrook and the Terrace Room. I Newark, since the latter opened, has taken a new twist. Jimmy Dorsey! who sold his band into the Terrace along with his brother's. Tommy Dorsey's, combo to help get the spot underway, has been dickering with Meadowbrook for a. fall dale. : At the same lime, the Terrace as- serts it has an option on Jimmy Dorsey's band for a fall or winter Robbins Metro Deal Deflates Pubs Who See Devaluation in Own Holdings Reg Connelly Returning ► Many major music, publishers are [hot too happy about Jack Robbins* sale of his 26H interest in the Rob- Reg.Connelly may return a couple bins. Feist, Miller music catalogs 10 of weeks ahead of schedule this Metro for $500,000, plus tax, or weekend, sailing on the Queen Mary. $673,000. London music publisher has made j Though most of the publishers a number of deals for song material who had been rivals of Robbins tin- shot. dales there, one last year another during the past April and I gel to their next dales, and as for Coast MPCE To Seek Autonomy Songwriter Ira' B. Anislcih, who has sued many of the top song- writers in the past on plagiarism charges, without success, ran into the same blank wall last week. Jury . in U. S. District Court. N. Y.. pre- the -1.000 points he originally .drew.,i sjded ovei - bv Judge John C. Knox. II. has (he power to overrule the ap- | decided that Ariistein's charges peals grniip. ; against Cole Porter - were without Classification committee's .actinn is'merit. It dismissed his plagiarism based on the overall value of the' | action after one hour and 50 minutes Berlin catalog and Bonislein's ma- lof deliberation. terial when the two men were part- Arnslein's almost constant litiga- Hollywood. May 28. ners. Al thai lime, the combined i lion in the music business has cost Coast group of the Music Pub 'firms were raled al 5.500 points.'publishers and individual sung- ' lishers Contact Employees-Assn. de- When the split came, Berlin '.was j-.writers more than $250,000 in the t cided Monday (27) in meeting to given 4.000 points and Bornstcin. j past 20 years defending his suits. All : hold no more discussions until their . 2,750. which totals 0.750 points , or, of his previous actions Were tossed!; local 'was given some sort of aulon- j _]* p01 '^!;'- 0 "'....!.. ; . n " s . e .!.. a ". ., V.' S 1.250 more than they were raled lout of court without as much alien-'omy and authority to handle local whin under the same roof. lion as Hie recent jury trial. ''problems by New York headqua.r- Berlins action occurred during the Arnstein originally sued Porter : lers. Decision followed tabling by for $1,000,000 damages for alleged ' board members of several motions piracy of his published and unpub-'oii the ground that all powers are lished works.. Action was originally, vested 'in N. Y., since local group is rejected by Federal Judge' Francis, a single chapter, embracing only 117 G. Caffey. who refused to let the of a total of 700 members nationally, suit go to trial. U. S. circuit court Hollywood local cannot make de- while here. He was to have clippered back but space bookings are con- j derslaod that he sold out cheaply gesled. hence the decision to ; return because he was unhappy in his asso- somewhat .sooner. ciation with the film'company, and wanted to get out at any price, they feel that his acceptance of a half- million net for his 26 r f. suggests a valuation of their own holdings far below actual worth. There has been constant discussion. jof the Robbins-Metro deal among t»'i- i . ■■■ . . j. . '... ■ '. Publishers ever since it occurred Railroad strike of last week didn t , , . • , do too much damage to the band ; a,most lw ° «eeks ago. Virtually and music businesses, since it w as . every publisher has his own idea of over almost before ,it got started, what the Feist catalog, one of the Strike Jangles Music Biz Gently He has already pjayed two j Few bands were caught unable 10 best in the ^business-rprobably No. 2 to the Harms, Inc., holdings. Vatcri the shipment of music,. publishers' have been having, considerable ,he t0 P catalog), plus the Robbins trouble the. past few weeks moving firm and Miller, are. worth, material 'by mail and. every other' Quotations are fairly uniform at possible route anyway so the rail between $8,000:000 to $10,000,000 for ban didn't add too much to their ] the three. Since Robbins look a total headaches. of $S73.000 for 26'« of them, iiis ex- By the time the strike w as ac- ' rivals see future catalog sales being tuaMy called, most bandleaders had measured against that:price, in spile been able to secure busses to trans- of the conditions under which Rob- port Ihem on one-night dales in bins sold out. anticipation of a. rail tieup. and so Since handing over his holdings to were safe. One of the few caught Metro. . Robbins has been busying .short- was Sam Donahue, in Dallas, himself with a Hairs of the American He managed to beg and borrow road Artists Bureau, the talent manage- ment setup he recently sold to his ■directors'' board monthly meeting last week, which was moved up from tomorrow (Thursday ( because of the holiday. ; men to his next two stands and by that' lime the rails were almost normal. While the strike was going full son. Buddy, and Howard Richmond, a nephew. This outfit originally, was the Robbins Artists Bureau.' which he started some time ago and which EDDIE PEYTON FORCED TO BLOW HORN AGAIN Pittsburgh*, May 28. . Eddie Peyton, former nilery owner and bandleader, who has been working exclusively as come- dian and m.c. for last decade, was forced to pick up an instrument again during his booking at Don Mete* Club, Oakland. It was be- cause there are no floor shows at Met*' on account of the AGVA- nttery owners differences and hi order to fill dale. Peyton had to go in as a musician with regular house orch maeslioed by Piccolo Pete. Its also the first time Peyton has worked here in a decade in a club other than his own. He sold his spot on the Steubcnville Pike couple of years ago and since has been working mostly in Florida. Bothwell's New Orch Set for 400, N.Y., Date Johnny Bothwell's . new orchestra gels its first shot at a major loca- tion'June 13 when it goes into the 400 Club. New York. He ll hold for two weeks, after which the 400 closes for the summer due to a lack of air-conditioning. Bothwell's combo is only a few weeks old. Before he .set it up, how- ever, the former Boyd Raeburn sax- >st was cutting disks under his own name for Signature Records. He's tied to General Artists. blast, however, one group getting Metro recently forced.him to (Irop. fidgety was the American Federa-' It's not likely, however, that Rob- lion of Musicians. Union's annual bins will remain forever out of. the convention begins Mon. <3> in St. music business. He has had many Petersburg, Fla., and delegates from '-offers since bowing out to Metro, of appeals reversed Caffey. however. * cisions on such matters as "payola" the coast and northwest must leave among them a. reported $250,000 per and ordered Arnstein be heard.. It violations or even new members, no j home territories by today (Wed.) year deal with Broadcast Music. Inc. directed, however, that the merits of * matter how! local a problem might | and tomorrow to be on lime. Many, He told the directors board of the the infringement charges only be be. All decisions must come from of course would have flown and : American Society of Composers. Au weighed: that damages would have j New York. Because, 'of this .-it' was • probably will anyhow, but scores to be decided by a subsequent action. : agreed that no more meetings "for ; still stick to the rails. , Arnstein had charged that Porter's ' a year, if necessary" will be called J - ~ —• thors and Publishers last week that Jie would never consider a business deal with ASCAP's rival. "Night, and Day." "Don't Fence Me until the petition for autonomy in In." "I Love You' 1 and "You'd Be So '.local mailers is made to. N. Y. and Nice lo Come Home To" were lifted from his Prayer." La Pierre." "A-Mother's 'A Modern Messiah," "I acted Upon. . • ~ Hollywood board is particularly irked over the tact that in spite of Love You Madly" and "Sadness approval given by prexy Bob Miller Overwhelms My Soul." | to local songpluggers' benefits, all During trial, which started May 8. .revenue must revert to N. Y. to go numerous witnesses outstanding in the theatrical world testified. Among them were Monty Woolley. Dr. Sig- mund Spaeth and Deems Taylor. UNRRA BIZ UPSETS LA GUARDIA'S TEMPO N. Y.'s cx-Mayor Fiorello I.aGuar- dia had to cancel a scheduled per- inlo the general fund. SPIKE JONES' CORN Metro, incidentally, is reported shortly 'starting a campaign to buy out all other holders of slock in : Robbins. Feist, Miller. Among them are Dom'enico Savino, Stephen Lev- itz, Befriie Prager and Jack Bieg- _ , ... _ , , .man. partner in Bregman, Vocco Columbia Records recently , lore ! Conn | ivUe r '■holding under 3r of up the five-year contract it had Robbins stock, with Harry James and substituted . '■'..- a new deal for the same length of: lime claimed to be one of the big-1 ^ fly^ £L£Q£J) COL'S NEW JAMES PACT TOPS POP BAND COIN ■Hollywood, May 28. formance as guest-conductor at the j in advance, being limited to the N. Y. .Carnegie "Pop" Concerts May I capacity of the aud. Hundreds more gest ever written : for a pop . band. RIfi IN WHFAT RFITi Details of the deal are being kept DIM 111 nilCAl DLLl ^ we n undcr cover by Columbia. fear- Winnipeg. May 28. ; ing a disturbance among other art- ists. Up until the new James con- tract was written, Benny Goodman is said to have been the highest .paid Columbia cutter. He draws a guar- antee of $40,000 annually. A eager mob of 4.500 fans packed the Civic Auditorium here May 25 to hear Spike Jones' City Slickers. Tickets were sold out about a week Kay Starr Buys Pact From Jewel Records Hollywood-, May 28. Blues-singer Kay Starr, has bought the contract which tied her ex- clusively to Jewel Records.. Thus the pending suit in Superior Court here, by which singer' sought re- lease from waxery on grounds she had been promised "to. be built up •into stardom" and was 'not,- will be dropped. Neither Miss. Starr nor Ben Pollack, owner of Jewel, would disclose, 'price paid for pact, which had 28 months to run. Over weekend it was learned that ^liss Starr has signed to'make an album for Lamplighter Records, firm ownfed.'by Ted Yerxa, who holds chirp on fl,ve-year personal T maiiage- irient contract.- Deal with Lampf- 1'Shter is not. exclusive. 30, because of conflicting UNRRA appointments. Little Flower, who has conducted at N. Y/s Lewisohn Stadium, was to debut with the "Pop" orchestra, leading three Sousa numbers as part of the Memorial Day. program. This will mark second b^wout for LaGuardia. He was scheduled to ba- ton a number opening iiiaht. but also had lo cancel because of UNRRA biz. He may be given ano'.her spot June 8. could have been sold, but fire and safety officials clamped down. AS MPPA DIRECTOR Abe Olman, gen. mgr. of the Rob- bins, Feist. Miller music combine, was elected lo directors' board of the Music Publishers' Protective Assn. He takes over chair formerly ' occupied by Dick Murray, who James is unquestionably .Colum- j shifted last January from . gen. mgr. bia's No. 1 artist in point of sales, of the Paramount Pictures-owned He has received between $150.000! music companies to asst. to John G. Daylight saving lime was respon- and $175,000 annually in royalties I Paine,, gen. mgr. oi the American So- sible for a delay in the starting " fi'bm the company during past fewlciely of . .Composers, Authors and time of the band.- Jones' outfit ar- years, rived at >6:45 p. m. standard lime. | 7:45 p. m. Winnipeg time. He was, lo start work at 8 p. m Muzak Into K.C. Kansas City. May 28. Wired music will soon be available lo firms in Kansas City and sur- rounding .territory from a . flrrri known as Business Music, set up to handle.a Muzak franchise here. General manager of (he new Arm is Frank Hesselrolh. who left a po- sition as secretary of the Advertising' and Selling Club for the post: He's associated in the firm with-O. L. Taylor , and Alex Kcese el the Tay-: lor-Howe-Snowden Radio Sales of Amarillo, Texas, which operates Muzak franchises In several Texas cities. New secretary of the Ad Club is Jack Bcrnet. Air-Cooling Hitch May Halt Bob Chester Date Tony Pastor Reopens Cedar Point June 15 Cedar Point ballroom, Sandusky. O.. reinstating its name band policy after nearly a four-year hiatus. Publishers. Olman's position as head of the Bobbins group was taken over imih Jack Robbies, who last week was bought out of the setup by Metro. GAC's Krasny en Route To AFM's St Pete Meet Terrace Room, Newark. N. J. opens with Tony Pastor's orchestra would-like to. close arter the run of weelc o( June j 5 . Entire season is Mill Krasny, gen. mgr. of General the current Richard Himber or- set wilh „ ames , - ' Aiiists Corp., now stationed in Hol- chestra June 9 and not wail for they Summer ■ t the largest . in l.vwood. is in N. Y. currently on his expiration of the Bob Chester date ' n01 ., heril Qhio, has Buddy Rich's l-way to the AFM convention at St. crew for week of Jun.e 22: followed ; Petersburg, Fla....Meet opens Mon. Open-air dance pavilion at Indian Lake, also known as Russell's Point. Ohio,, will be operated by Lou Bruno, manager of the Trianon Ballroom, Toledo, with assist from Milton Tarloft following. Reason given is that air conditioning equipment cannot be readied due to a negative attitude by D. C. officials governing such in- stallations. If Chester is set on a dale at the Million Dollar Pier. Atlantic City, now being negotiated, then the Newark spot will not use him. If the pier date isn't completed, Chester will work out the Newark contract. »3). Krasny will leave N. Y. Sat. O) for St. Pete and after the con- by Jerry Wald. Bobby Sherwood, Johnny Long. Art Kassel. Eddy Howard. Alvino Rey. Dancery closes season week of Aug. 23 with i Vent ion returns for a week before Stan Kenton's outfit. ; heading west. He'll be the only agent rep there. Neither MCA nor William Morris is sending anyone. Chi Room Lays Off Chicago. May 28. .Trouble in snagging an air-condi- tioning unit has forced the Rainbo Ballroom to abandon operation dur- ing the summer months. Spot will close with Charlie Barnefs orches- tra June 16. It plans to reopen late in August. GRAHAM FORMS FLATTERY Hollywood, May 28, Bob Gi;aham. under pact as actor Others heading south for the AFM confab include the execs of N. Y. local 802, plus a delegation from the to Paramount and to Jewel Records Newark local. Frank Dailcy, a New- as singer, is. forming own pop- ark official, will be. in the latter platlery here in association with' group. Jack Stern, formerly with. Irving ——■—;—r nJw diskcry. which ; has not yet . S.E.P, ON MCA IN 4 PARTS chosen lag of labels,Will specialize! So-called expose on company op- in small jam combos. Graham per- erulion of MCA is due in .Satevepo.«t sonally will continue to chirp for late this summer or early fall. Jewel, at least until expiration of Story will run in four: parts, »u- prcseiit pact of one-year. Ihored by David G. Wittels.