Variety (Jul 1946)

Wednwd«y, July, 17, 1946 ORCHESTRAS-MUSIC S9 PROMOTERS HIT HIGH BAND PRICES Music Publishers Unworried By Longest Sales Slump in Years Despite a sales slump in sheet-- music that as yet shows no sign of easing off after approximately four months, publishers of popular music arc not too worried about the imme- diate future. Current slump is the longest the music industry has en- countered in years, a'nd it has cut deeply into income without, how- ever, having much effect on methods of operation. So far, few firms have activated • retrenching plan; those employees who have been cut adrift in recent weeks are mostly those who would have been let go anyhow as others returned from service. It's pointed out that almost all of the 200-odd executives and contact men who were in uniform have returned and been absorbed without appreciably increasing the unemployment prob- lem. Publishers feel that the dropoff in business, which now runs between SO and 40% generally, and higher in individual cases, will ease as soon as the readjustment period, with its strikes, materials shortages, etc, is passed. While the above problems seriously affect the economy of the entire country, the area in which they occur most, the midwest, is the best market for sheet music sales. One of the arguments used by ma- jor publishers to prove that the market is still there serves, they feel, to highlight two Important facts concerning current conditions. These publishers stress the approxi- mately 850,000 : copy sale of Leeds Husk's ' "Gypsy," which was launched at abou. the same time the sales graph ' began to dip sharply. This sales figure is as good as any pre-slump mark. The circumstance also serves to prove to certain pub- lishers that the songs following "Gypsy" on the sheet are not too strong, that if they were there might not have been as sharp a dump. Stricter Observance Of Disk Release Dates As Curt to Jumnkig Gun Due to the eagerness with which major and minor recording com- panies alike look for an opportunity to beat each other to the market with disked versions of probable hit tunes, especially those stemming from film scores, there is a growing practice among major music pub- lishers currently to place written re- lease dates on records. This idea has been steadily growing the past six months or so since several bit- ter scraps were caused by record companies jumping the gun on com- petitors. Insofar as the music companies are concerned, their interest in placing definite release dates on recorded tunes lies not only in a desire to avoid being placed in the middle with rival companies !eft at the post . by a too-early release of a disk, but also to protect their interests. It has often happened that a too-early re- lease of a disk has rendered a tune from a Aim useless for-exploitation purposes due to the fact that it had hit the market long before the re- lease of the picture and by the time of the latter already was a dead issue with the public. Thi6 occurred in the case of "Atcheson. Topeka and Santa Fe" last year, which Capitol Put on the market long before any other company, raising a loud squawk from rivals to Feist. Latter company could do nothing, since Johnny Mercer's record caught on instantly, except to push the tune for all it was worth. By the time the "Harvey Girls" (M-G), from which it'stemmed, was sent into film houses, the song was a has-been. If "Atcheson" had been held until the film-was released, it's held, it Probably would have done a lot more to help the film. For this reason virtually all publishers are now plac- ing written release dates on licenses issued for the recording V certain Junes, and the practice will probably become permanent. Lang Joins Bornstein Charles Lang, for years associated with various music publishing com- panies in New York, joins Saul Bernstein's Bourne, ABC and Bogat combine next Monday (22) in a business capacity. He will handle synchronization, recordings, writer contracts and foreign matters. He will devote little time to . contact work. Lang more or less replaces Fred Raphael, who severed connections with" Bornstein several weeks back and returned to the Coast. - Lang was last with Harry James' Music Makers ■ company, recently taken over by Morris Music. Martin, Schwartz Sever Music Pub Is Amicably »:i 11 Hollywood,-July 16. Orch leader Freddy Martin and Artie Schwartz, who have been as-' sociated in operation of .the Martin and Maestro Music companies since firms' inception, last week agreed to split. Pair assert parting is amicable and that it has been discussed for months. . First rift occurred late last winter when Martin received offer for the Arms, but Schwartz argued sale would leave him out in the cold, since Martin is actual owner of firms and Schwartz in on a strictly profit-sharing arrangement. When batoneer offerid properties to Schwartz, latter said price was too steep. Probably Schwartz, who actively has topped operations, will not exit for at least three months. On his own he controls the sheet-jobbing Pacific Music Sales, and in partner- ship with ex-batoneer Harry Owens he operates: Royal Music Co., which specializes in publishing Hawaiian ditties. Schwartz will continue with these enterprises and also is known to be on prowl to purchase a pub with an ASCAP catalog. Martin also will continue with, firms after Schwartz departs, with no intima- tion to date as to whom he will get to fill open spot. AGITATE FOB CUT GUARANTEES Nothing has stirred the band busi- ness in years as the poor results achieved by Harry James' orchestra since starting its current one-nighter and location tour in the east almost three weeks ago. Reports on the public reaction to the "no. 1 band" seem to have finally blown the lid off a situation that has been simmer- ing for some time. As a result, it's likely that prices asked by top bands will rapidly drop to "more reasonable" levels. Since the first inkling of reports on James business began circulating among one-night prompters, the various band agencies and some per- sona) managers have received nu- merous communiques from promot- ers indicating growing apathy toward continuing to pay prices which force them to post abnor- mally high admission rates. Many agency men, managers and even some bandleaders are agreed that the upheaval created by the James brodies figured to come along sooner or later, and that It's probably best for the band business that it ar- rived now. How promoters feel is exemplified by. the action taken last week by J. B. Solenberger, who played James on the latter's first date in the east June 27, at his Hershey Park, Her- 6hey, Pa. Solenberger refused to sign a contract for a one-nighter by Sammy Kaye's orchestra ' until the (Continued on page 54) Southern, RCA Sued By Redman, Charges Violation.of Contracts Don Redman, songwriter, has en- tered suit against Southern Music and RCA-Victor to have them res cind publishing and recording con tracts made in 1926 and involving six tunes. Pre-trial examination is scheduled for July 21. According to the complaint, filed in New York Supreme Court, the 1929 contracts were made with Vic- tor, which assigned all rights to. Southern in 1931. Redman further alleges that his agreement with Vic- tor called for him to receive 25% on all mechanical royalties and 2c on air sheet music sold, with the subse- quent assignment to Southern sub- ject to the original, terms. Claimed that the contract obliged the defendants to "render produc- tive" the songs concerned, and that despite the fact that more than 15 years have elapsed, neither South- ern nor Victor published the tunes in orchestrations or sheet music, thereby violating the contract. In seeking to rescind the con- tracts, Redman wants the tunes re- assigned to him in addition to all royalties and monies on recordings. Music involved is "Miss Hannah," "Plain Dirt," and "Talk to Me," com- posed by him alone; and "I'd Love It," with William Hudson; "Cotton Pickers' Scat," with William McKiii- ncy. and "Peggy," with Dave Wil- 1 bourne. Many Indie Disk Companies Start To Skid With Day of Reckoning' Y«a f Verily Jack Kapp's butler is quite a Wall Street student, and among the reasons why the Kepp menage in New York' runs smoothly is that the Decca prez subscribes to two Wall Street Journals, in order not to inter- rupt his butler's skull practice with the financial statistics. When Kapp was consulted about Decca stock, the butler wanted to know if he should wait until the market reacts 10 points. "If the market reacts 10 points, at least so far as Decca stock is concerned," Kapp told him, "you'll have to ask your next employer which investments he favors." Mclntyre, Cosmo May Renew Deal Hal Mclntyre and Cosmopolitan Records, who broke up a recording affiliation a few weeks back, may be reconciled. Mclntyre and Harry Banks, head of Cosmo, have been huddling the past week or more over a new deal, and it's possible a new contract with the band may be closed before the week is out It's said the new agreement surpasses the terms of the old one, which Mclntyre voluntarily cancelled. Mclntyre walked out of Cosmo when the company originally failed to live up to terms of a deal which called for a guarantee of $52,000 yearly, payable $1,000 weekly. "In- volved also in the leader's attitude was his refusal to eliminate a clause in the old contract dropping Cosmo's hold on his band in the event Herb Hendler, head of Cosmo artists and repertoire, left the company. Mclntyre was eventually fully paid the arrears coin over which he quit Cosmo. ■ a 'SEEMED TO BE'WRITERS SIGNED TO COSMO DEAL Benny, Benjamin ■ and George Weiss, writers of the recent hit, "Oh What It: Seemed To Be," have been signed by Cosmo Records to work as a vocal-pianist team, ac- companied by a small instrumental group. They'll do their first four sides this week for Cosmo, among them an arrangement of their own new tune, "Rumors Are Flying," being published by Oxford Music. Latter is a new Santly-Joy subsidi- ary "see separate story). They were signed by Cosmo on the strength of an audition performance of •"Rumors"' done for Herb Hendler. Cosmo artists and rep chief. Perhaps one of the outstanding examples of a songwriter becoming |an entertainer, and sticking at it, lis Billy Williams, vocalist with ! Sammy Kaye's orchestra. Williams ! joined kaye's band several years back solely to sing a tune he had written. Kaye liked it, and since it j was not performed to the latter'.s liking by anyone else in his band ;il the time, lie hired Williams to icvoid it with him. Williams has J been with him since. Witmark Charges Infringement In 'Atlanta Suit "Atlanta, Ga", M. Wifmark & Sons charges in a New York federal court suit filed last week (12), is an infringement of its copyrighted tune, "Under a Strawberry Moon." Defendant is Stevens Music, pub- lisher of "Atlanta." According to the complaint, Wit- mark charges that "Atlanta," ex- ploited by Stevens as an original tune, composed by Sunny Skylar and Artie Shaftel In 1945, was copied from "Moon," and. that "Moon" forms the central theme of the chorus of "Atlanta." Witmarks charges that although Stevens was notified in April, 1946, of its claims of infringement, Stev- ens continued to publish "Atlanta." Witmark asserts that "Moon" was composed by Al Lewis and Mabel Wayne prior to August, 1942, and that on or- about December, 1945, Stevens published "Atlanta." Witmark seeks to enjoin Stevens from publishing "Atlanta" and an accounting. Court Roles for N.Y. Palladium in Nixing Coast Dancery's Inj. The name band on tap, rather than the name of the ballroom, is the principal item attracting pat- ronage in danceries, the N. Y. su- preme court stated last week in denying an injunction to operators of the Palladium, Hollywood, in which they sought to restrain the Broadway terpery from using- that tag. justice Benvenga m. his decision stated: "In the case of a theatre, patrons are principally attracted by the entertainment offered. So, in the case of a ballroom, its patrons may, as in the case of the Palladium in Hollywood, be attracted by a name band or topflight orchestra, but hardly by the mere name of a ballroom or dancehall." Court also stated that the name, i Palladium, was not the particular property of lhe Hollywood spot. ♦ For the first time since they sprang up during and because of the war, many of the independent re- cording companies are : reported in trouble. Several of the list, those deemed to be just beneath the sec- ondary group of firms, are said to be up for sale. There are several circumstances contributing to ; the condition in which the indies find themselves, some of which have long been point- ed out by major company executives as the causes which would eventu- ally lead to the elimination of a good. many of the 200-odd indie labels. Firstly, recording sales have slumped. While the percentage is not too great among major compa- nies, the new apathy of the public toward buying records is one that must hurt indies. During the past few months, it has been noticed that, record-buyers are no longer pur- chasing just "anything" put on the market. They are being choosey . as to talent and tunes. This seriously affects the independent, who cannot compete with.major company talent . Secondly, operating costs have in- creased. Shellac has just about doubled per pound in cost, current- ly nosing up to around 80c. Again, the hut figures to be increased later this fall when James C. Petrillo, prez of the American Federation - of Mu- sicians, sits down with all disk manufacturers with a determined eye toward boosting scales. Another item affecting small dlsk- eries is the failure of radio-receiver manufacturers to put new combina- tion machines on the market due to OPA ceilings on prices of component parts, such as tubes, etc. Had the manufacturers been able to flood re-, tail stores with new turntable- equipped sets, the indies probably would be today in a fairly secure position since a new boom in sales might possibly have resulted. Another factor is the retail prices asked by some of the indie labels. Some are still rated at $1 a copy, although most that were ■ at that ■ level have dropped. Others still ask 75c per. Since the majority of the majors, with the possible exception of Decca, which sells a substantial portion of its output at 75c, the majors (RCA-Victor, Columbia, Cap- itol) dispose of the best artists at 50c a disk. Because of the above conditions a good many retail stores in the east and midwest, which formerly carri- ed a fair number of the indie com- pany product, are eliminating the latter and stringing along with only the major labels and the "secondary" outfits such as Cosmo, Majestic, etc. Lilyann Carol Warned To Forego Use of Prima Name for Ad Purposes Vocalist Lilyann Carol, who re- cently left Louis Prima's orchestra ! to go out on her own as a single, j has been warned by attorneys for I Music Corp. of America that under j no circumstances can she use Prima's name, or her former connection with the band, in publicity, adver- i iu ^ ^ ui i t iiv viivii(i Using or billing. This was done on dting'the PalladlunTl^iton^nusTc- ! Proa's orders. hall, which has been in existence many years. Court, however, conceded that the operators of the Broadway dancery knew of the tag on the Coast spot, and the Hollywood operators may have contemplated opening a Broad- way branch with that name. But Justice Benvenga pointed out that the Southern California Enterprises, Inc., Hollywood Palladium operators, look no steps to protect its name in the Gotham area by registering the label. Judge said that he found no evidence of competition, con- fusion and deception' in duplication of names. Miss Carol is currently at the Bradford Roof, Boston, where her billing had read: "Formerly fea- tured with Louis Prima's Orchestra.'' Singer is committed to dutes at the Hippodrome theatre/Baltimore, Aug. 1, for two weeks; RKO theatre, Bos- ton, Aug. 15; Steel Pier, Atlantic City, Aug. 25; Loew's State, N. Y., Sept. 8-15. Miss Carol, a Brooklynlte, joined Prima's orchestra a number of years ago. She never worked with any other band. .During the war, her V-disked rendition of "I Walked Alone" was a heavy favorite with overseas GI's.