Variety (Jul 1946)

Wednesday, July 3, 1946 ORCHESTHAS-MUSIC 35 ASCAP Eyes Japan Hollywood, July 2. American Society of Composers, Authors and Publishers is eyeing Japan, figuring this the ideal and logical time to stimulate move where- by Society can get royalties on American music usage. Thought is that with U. S. officially reshaping political, social and economic setups in Nippon, germ of idea planted in right quarter might result in forma- tion of Japanese performing-rights society, similar to those in Europe, with which ASCAP might effect a tieup. Yankee music has been extremely popular in Japan for more than score of years, but ASCAP has found it impossible to collect. Record- ings firms, bands, theatres and radio have used all the U. S. material they wanted, sans payment. If ASCAP is successful in inspiring royalty-sharing society in Nippon, stunt probably will be tried in China. Fmleys 55G Judgment Vs. MCA Set Aside; Court Awards % Costs Los Angeles, July 2. ■♦ Federal Judge Paul J. McCormick last week granted a motion of Music Corp. of America that the $55,000 damage judgment awarded San Diego ballroom operator Larry Flnley last February be set aside. The judge held that the evidence presented in the case did not adequately dis- close any means of determining the actual amount of damages sustained by Finley. The ballroom operator in his original $3,000,000 anti-trust suit had charged that MCA and rival -ballroom. Pacific Square, had de- prived the . Finley spot, Mission Beach, of opportunity to book name bands. The ruling of Judge McCormick stated: "The damages fixed were speculative and conjectural, and based on too insecure support." The court, however, did give Finley $7,500 for attorney fees and $1,500 in costs, out of MCA's coffers. Selvin Cuts on Coast Hollywood, July 2. Ben Selvin, Majestic Records' veepee in charge of production, re- turned to N. Y. headquarters over weekend after cutting more than 30 sides for waxery during fortnight stay. Georgia Gibbs (also signed here), Louis Prima, screen-cowboy Eddie Dean and the Riders of Pur- ple Sage sat in on sessions, among others. Ends Ballroem Stand In LA. After 8 Years Los Angeles, July 2. Terminating what certainly is a record stand for any sizable orch at a ballroom hereabouts, Jack Dunn's band exits the Zenda Thurs. (4) after eight solid years at site. Orig inally inked in for one month. Zenda operator Ed Bohlen says he felt respite would benefit both Dunn and dancery, and that outfit may return in autumn. Chuck Cabot's combo, succeeds Dunn for four weeks, followed by Quigg Quigley for similar stand. Union Yanks Band In L.A. for Pay Delay Los Angeles, July 2. Negro Musicians' Local 767 over weekend jerked Bill Rowland's five- piece orch out of Gayety Cafe, downtown black-and-tannery, due to back salaries owed crew. Musikers complained spot was week-and-half in arrears, and when a rep of the local could not collect the 1396 overdue, band was pulled and spot outlawed until payment was forthcoming. Gayety is remain ing open, sans music. Lecuona Continued from pace 33 lember, and a coast-to-coast tour, terminating at War. Memorial Opera House, San Francisco, is booked to follow. Next February they launch a European tour at Salle Pleyel in Paris. Carnegie Hall Dale Oreflche has also signed Chiquito, currently Havana's most popular bongo drummer and chanter of Afro numbers, whose standout perform- ance in "Carnival in Costa Rica" paved the way for a contract with 20th-Fox. Others pacted are Esther Borja, rhuroba singer from the Casino Na- cional; Blanca Batista. bolero thrush; Estela, of the original Rene & Estela dance team; Dorita ti Diablo, hot rumba and nanigo dan- cers from Matanzas, and Cucabella, maracas' soloist.. Luis Escalante heads the trumpet section, and Gustavo Mas the sax crew. Arturito is the drummer. Oreflche, acclaimed in Europe as "the Gershwin of Cuba," has com- posed a cavalcade of hit songs, in- cluding "Habana en Paris," intro- duced -by Gertrude Niesen in "Bobby Get Your Gun" at the Adel- phi, London; "Mayan," first sung by Josephine Baker at the Folies Ber- gere, Paris; "En la Plantation," a pre-war success of Tino Rossi; "Me Voy Pa BrasiL" Blanca Negri's Ca- sino da Urea favorite in Rio; "Cha- cha la Negra," which brought fame to Malu Gatica, the Chilean singer; "Corazon Para Que," Hugo del Car- ries sock tune in "Los Dos Rivales" film; "Anacaona," a Miguelito Valdes click, and "Habana de Mi Amor," Pedro Vargas' rave on Vic- tor records. Adolfo Tobal, impresario who handled the Lecuona Cuban Boys in South America for four years, takes over as manager of the new. group. They will record exclusively for Victor. William Bacher, lOth-Fox pro- ducer, is due here next week to set the Oreflche combo for a new pic ture with a Latin background, and they have also had offers from Paramount and Columbia. Auld in Middle of Booking Snag; Frederick Bros., Avodon Snarled RESERVES VERDICT ON ALIEN MUSIC ROYALTIES New York Federal Court Judge Alfred C. Coxe last week reserved decision on two motions for sum- mary judgment in connection with a suit brought by the Alien Property. Custodian against the American So- ciety of Composers, Authors and Publishers and Henry M. Propper, as receiver of AKM, Austrian com- posers society. Suit seeks $392,958 held by ASCAP for three foreign composer societies, AKM (Austrian) SACEM (French) and STAGMA (German). Involved in the motions for sum- mary judgment was the AKM money claimed by the Custodian under a vesting order issued in 1943, which claims funds of alien corporations. Propper, as receiver, claims the royalty money under an appoint- ment as temporary receiver by the N. Y. State supreme court in 1941. A. Walter Socolow, the receiver's attorney argued that through its attorneys, Schwartz & Frohlich, it has maintained that APC is the proper party but asserts that there are no royalties held in escrow by ASCAP for AKM because the lat- ter's use of ASCAP music offset any balance. Meanwhile, the receiver's action against ASCAP in N. Y. supreme court is awaiting trial, the action seeking damages of $150,000. In this action ASCAP contends that APC is the proper party,, but the APC was ruled out as a party plaintiff. The receiver is suing for moneys allegedly owed AKM under a 1933 agreement for use of AKM tunes in U. S. Royalty money sought is from 1936 to 1938, after which agreement ceased. In the Federal court suit APC seeks royalties of $62,809, for AKM; $213,778, due SACEM, and $116,375, due STAGMA. Hollywood, July 2. ■ Frederick Bros, agency office here is in a band-booking snarl, with the Avodon ballroom on beefing end, concerning deal for Georgic Auld's orch. Musicrew was set to play four weeks, at $2,700 per stanza, at down- town terpalace opening July 17. Dance hall prez, Jack Rogers, signed contract and sent it to agency for signatures. Over weekend Barney McDevitt, manager of local terpery, called Auld in Chicago, where lie opened Friday at El Grotto. Maestro stated he would be there for five weeks, period which would overlap local date, and also that he had sev- ered connections with FB. Auld. added he also had been booked for series of one-nighters following Grotto stand with General Artists Corp., thereby precluding Avodon stand. .— Issue was handed to Tom Ketter- ing, veepee of FB, who said he had peddled band in good teith, believ- ing Auld could be curtailed in CM spot for local bow. Kettering also said he believed agency pact with band ran through August, covering Avondon stand. Meanwhile, terpalace chiefs are smoldering and wondering where to dig up musicrew to follow Henry Busse, who leaves in two weeks. ITURBI AUDITIONS FOR TOURING SYMPH ORCH Hollywood, July 2. Jose Iturbi last week issued call for musicians to be auditioned for a 96-piece symph orch he is forming for autumn tour. Rehearsals will commence late this month. Neither pianist nor his manager, Martin Wagner, would comment on rumor that Iturbi eventually intends to trek outfit through South Amer- ica. He will start with a sweep across the U. S. STONE COLD DEAD IN THE MARKET Wordt and Musk by Wilmoth Hovdint By Amrtftmtnt with Notthirn Muiic Coiporttien m i» • •« • ••*••»•••• ♦ ♦ • • • ♦•♦•«•••♦♦♦• • • ••«••••••• • ■ v.v.w.v.wv.v '-•-••V.V.W.V.V. . .V.V.V.V.NV