Variety (Jul 1946)

W^today, July 91, 1946 •BflBWHIAS-MIJSIC 87 HOSIE' CLARIFIES SYNC RIGHTS Band-Pushing Kickback An old practice, where top leaders who back young bands help the lalter's bookings by pressuring them into spots they themselves play, apparently didn't work with one spot in New York recently. One of the name leaders', who hasn't done too well himself in recent months in certain territories, is bankrolling a new band which he figured he could easily push into a N. Y. location he has played and to which he is due to return. Operator of the spot wouldn't go for the "or else" pressure on the new combo and is said to have informed the maestro that if that's the way he wanted it he could forget about the date on his own combo ns. well. Harry James Shakes Dust of East Af ter N.S.G. 5 Days at Totem Pole 6. • Boston, July 30. "V Harry James' orchestra pulled out of the east Saturday night. (27) on the way toward Canadian one- nighters after which it heads back home to California, without improv- ing its poor b.o. marks piled up in more than a month of bookings. James finished his eastern tour of one-nighters and locations at the Totem Pole Ballroom, Auburndale, near here, by losing money for the spot. He 1 was paid $17,500 flat for five days' work. Actual figures are hot Available since the Totem Pole plays all bands on flat guarantees and keeps its books where no orie, not even dated maestroes! can . see them. But James opened the five days at the ballroom i23) with approximately 1,500 in attendance at $1 per, plus : tax. Friday and Saturday the tap was boosted to $3.60 per couple, still the Totem Pole's, normal asking price, and James couldn't have had more than 3.500 payees either night. Its figured'here that Roy Gill, op- erator, must have dropped at least $2,000 on James, but it's impossible to confirm. Next Year? Harry James isn't likely to come back east next year at the kind of money he drew from one-night pro- moters and location owners this trip. He took $27,750 from Convention Hall, Asbury Park, N. J., for eight days' work and the operators barely broke even; he drew $22,500 from the Steel Pier, Atlantic City, where he is said to. have made money for his buyers. On - virtually all other . one-nighters promoters who bought him at $4,000 guarantees against per- centages lost a wad due mainly to the high admission prices they were forced to post. He did well in only two spots—Old Orchard Beach, Me., where he lured over $7,200 in ad- missions and the Rilz Ballroom. Bridgeport, Conn., where he played to 16,000 worth of biz Sunday (21). James didn't improve 'relations . with the operators he lost money for during the trip by taking the atti- tude that they had made money in varying amounts on him on his trip east last summer. Barnet Off Decca Label; Vogue Dicker? ' Charlie Barnet's orchestra, which moved from RCA-Victors Bluebird label a year or so ago, to Decca, is no longer with the latter label. He is dickering a new deal with an- other outfit. Vogue has been men- tioned, but it's denied by his handlers. - Vogue label is one of the many independents organized during the Rackmil Named To L F. Stevens' Post As Decca Exec VP Decca Records shuffled its execu- tive sciup.la.«t week during a meet- ing.of the company's board, the first seiious changes made since the death last December of E. F. S evens, Jr., who had been executive v.p. In his place, which had never been filled, the Decca board in- stalled Milton R. Rackmil, who had been a v.p. and treasurer of. the company. Leonard Schneider, director of advertising and promotion, was named a v.p. along with Harry Kruse; former y.p, of Decca Dis- tributing Co., a subsidiary. Other changes involved .Sam Yanin, named, secretary: Louis Buchner, treasurer; Isabelle. Marks, asst. sec; Irving Wciner, asst. treas. , Jack Kapp is the president and Dave Kapp, v.p. in charge of re- cording. Cordon Trio, current at the Hick- ory House. N. Y.. will play the United Nations conference dinner- dance at Hunter College, N. Y., Aug. 7. ' Heidt Price Too High, Deal Falls TlruonHoofery Horace Heidi's deal with a syn- dicate of bandleaders who wanted to take ovey his Trianon Ballroom, Southgate, Cal., and use it as a base for Coast operation part of the year,, has fallen through and is not likely to be revived. Negotiations were cut off when Heidt unexpectedly boosted his price for the. spot. Originally, the deal was to have involved either the outright buy of. the Trianon by the maestro group or a lease arrangement, with Heidt taking a percentage of the net. Latter deal was favored, by the prospective management, but Heidt assertedly sought a too-heavy slice of the income. That he entertained any such thoughts at all of giving up the. Trianon, which, reportedly netted him $170,000 -last year, is due to his leaning toward devoting him- self entirely to the operation of ho- tels he- owns in Palm Springs and Las Vegas. Nev. Heidt's deal is not the only top- maestro brainchild to tumble into limbo recently. The Dorsey Bros.. Harry James. Sammy Kaye and Woody Herman, among others, had ideas during the past couple months that were, kept very much sotto voce. It involved stringing together of the 400 Club. N. Y.; Terrace Room, Newark, both of which Tom- my Dorsey helped pioneer; the new Rainbo Ballroom,. Chicago; another spot in Detroit, and the Dorseys' own Casino Gardens, Ocean Park, Cal., for use as bases of operations from one end of the country to the other. The Totem Pole. Auburndale, Mass., was to have been included in the string, but whether or not the spot was approached cannot be as- certained. At any rate, the whole idea fell through when some of the leaders approached wouldn't go for it. Avodon, Savitt At Odds Over Canary Los Angeles. July 30. Glares currently arc being swapped by Jan Savitt and manage- ment of Avodon ballroom. . Terpal- ace toppers sizzled . when band, which Savitt recently' re-formed, opened nearly two weeks ago sans a feminc thrush. Management minced no words in .bluntly calling lack of a lark to balioncers attention, and as .bluntly told him he should secure one in view of reported $3;<K)0 weekly being peeled off for crew. A* yet Savitt carries but single male warbler.. K.O, TO THAT 2G MECHANICALS' In his.ruling in the Maude Jerome (Nugent) case vs. 20th-Fox Film, over "Rosie O'Grady," Judge Vincent Leibell, in N. Y, federal court, chose to deliver a ruling on the relation of section 1 (e) of the 1909 copy- right law to the uses of songs in films/ Court's ruling is deemed by the music industry one of the. most important judicial declarations made, in years re-trade problems. Judge Leibell clearly ruled that "synchro- nization" rights, as film uses of songs are called, do hot come under sec- tion 1(e) of the outmoded law. It is a separate right. For years music publishers and their attorneys had sidestepped all issues involving; the problem.. They were extremely reluctant to force a decision. Section 1 (e) states'that remuneration to the extent .of 2c each must be made to publishers for uses of songs on recordings or piano rolls. This is known to the trade as a "mechanical right." No mention is made of sound-on-film in the Jaw simply because . the latter- wasn't known in 1909. Accordingly, pub- lishers have always dealt separately for "synchronization" rights, quoting their own prices. Edwin P. Kilroe, attorney for 20thr Fox, forced settlement of the ques- tion, when he asked 1 Judge Leibell several months ago for permission to submit additional evidence after the trial had been completed. He introduced the theory that a "syn- chronization" right was no more than a "mechanical" right under the law. Immediately, the Music Pub- lishers Protective Assn., Songwriters Protective Assn. and publisher Sha- piro-Bernstein made application to intervene as friends of the court. Had Kilroe's point been sustained, (Continued on page 44) Court Holds $1000,000 Too Much Sugar Even for 'Sweet Rosie O'Grady Pic Hotel Commodore Room Revamps for Reopening — ♦• In a 36-page opinion Judge Vincent L. Leibell in N. Y. federal court dis- missed with costs the action of Maude Nugent against 20th Century- Fox, for the recovery of "over $1,000,000," for the alleged unlawful use of her song "Sweet Rnsie in and as (he theme and New York's Hotel_ Commodore Century Room, in which the hostelry O'Grady" plays name bands, reopens'in a new' title -of the motion picture of the aura Oct.. 4 with Vaughn Monroe's i same name. orchestra. Spot is being completely | The song was copyrighted in 1H96 redecorated, and an air-conditioning , by Jos. W. Stern & Co. (predecessor unit is being installed which will of Edward B. Marks Music Corp ), allow year-round operation. I when Miss Nugent was delivering it. 'nightly at Tony Pastor's ''to un-' Heretofore, the Century Room , has folded during the summer. It orig- inally was scheduled to reopen Sept. 26 with Monroe, but delays in re- furbishing and installation of the air- conditioning^ system' set the date back. " '' Another room in N. Y. getting a complete going-over,' including air- conditioning to allow for full-year operation, - is the 400 Club. It re- open's Sept. 6 with Randy Brooks' orchestra, Louis. Jordan's small combo and Monchito's rhumba crew. Concessionaire Buys Newark's Terrace Rm. For Use as Dancehall Terr: :e Room, Newark, which had been on a fence regarding its re- sumption this fall as a name-b:nd nitery, was sold the ■ latter part of last, week by the Rosenhaus broth- ers, owners of Newark radio outlet WAAT and - the Mosque theatre building, which housed the cafe*. Operation was sold to Simon La- farge, concessionaire, for an undis- closed sum. It's said the deal evened up the Rosenhaus freres on their srveral-months operation . of tho spot 1 spring, which assertedly lost them between $75,000 and $100,- 000. llafarge intends running the Tre- race Room as a public ballroom. His deal with Rosenhaus included a lease on the room itself, purchase of furnishings plus the name and good-will. Rosenhaus had bought the Terrace Room name and good- will from Frank Dailey, who had inaugurated the name-band policy at the spot during the war when the latter closed his own Meadow- brook. Cedar Grove, N. J., because of gas rationing. Rosenhaus also bought from Dailey the liquor li- cense for the Terrace, but this has not been sold to La farge. Rosenhaus will operate the bar himself, giving a percentage of the take to the n-w ' -Talor. Lafarjje made the deal on . the theory that his coin advances fQr va- rious concessions 'Leon & Eddie's, N. Y., is one spot,where .he Qr:ralci. the coalrobms, etc.t have put. many a club in business. Now he'd lik ; to try it himself. precedented enthusiasm and count- less encores." In 1924 she gave Mills Music, Inc., the publication and sell- ing rights under the renewal copy- right. In January, 1943, Harry Fox, as agent and trustee for Mills, con- firmed a quotation of $5,000.to 20th of world rights for unlimited syn- chronization uses and as the Him title, with the customary provision, "It is specifically understood that this is not to be considered a license or authorization to record, but merely a quotation. Said quotation shall be of no force or effect, if not acted upon by your making payment of the license fee and securing • license agreement from the under- signed within a reasonable period from the date hereof." Subsequently both Marks Music, Bert Feldman, the London music publisher, and J. Albert & Son of Australia claimed foreign rights to the song.' Mills then „ tendered 20th a license for only the IT. S. and informed 20th-Fox it. would have to assume the responsi- bility ot clearing the foreign rights. Twentieth advised Mills that it would not accept this license or pay the license fee, until Mills had cleared . such rights. Miss Nugent s attorney - thereupon ' notified 20th that Mills' authority to represent Miss Nugent had been revoked, and instituted the action. Upon the trial plaintiff contended that as the quotation from Harry Fox specifically provided the right to use the song was contingent upon 20th securing a license and paying the license fee, its unlicensed use constituted an infringement. Attor- ney. Julian T. Abeles for the defense, argued since the. song was recorded with the knowledge of both Mills and plaintiff, this' constituted a license upon the terms of the quota- tion, and that no formal license was required, regardless Of the provision in the quotation to the contrary. Pic Grossed $2,8M,tOO Judge Leibell in holding with Abeles said: "The facts in this case show that plaintiff, through her agent (Continued on page 44) SCA Names Zissu N. Y. Rep in ASCAP Pix Royalty Talks Hollywood, July 30. Last week Screen Composers Assn. held its first general member- ship meeting since formation of or- ganization last winter. SCA depu- tized counsel Leonard Zissu to. re- turn to his N. Y. office and formally go to bat with exec council of American Society of Composers, Authors and Publishers in effort to get Society to recognize a segrega- tion of classification of its member- ship rolls whereby screen scorers' royally payments will be based on entire new plan, System proposed by SCA paral- lels that originated by British Per- forming Rights Society, through which film composers in England are paid special royalties predicated on number of theatre showings their works receive. ASCAP, of course, makes no such distinction, merely sdumping the 10c.-per-seal-p*r-an- num revenue derived from fllmerics into common pot divided according to laddered standings of members, whether or not their works ever are heard in theatres. ASCAP big- wigs in N. Y. have indicated they will at least give the SCA proposi- tion a hearing. Meanwhile, celluloid clefTcrs' campaign to get themselves better deals on film studio, contracts will be sidetracked until after Zissu has gone to the mat with ASCAP. The attorney started back to N. Y.. via motor, over weekend. He will re- ' again last week at Woody Herman's (turn to the Coast in November for a ( opening at Casino Gardens ball- go at the producers. I room when Tommy Dorsey encount- The SCA also has held first gen- ered Tommy Rockwell', General T. Dorsey-Rockwell Fend Flares Again At Hollywood Ballroom Six-year Hollywood, July 30. enduring feud flared Artists Corp. prcz, and belligerently ordered trie agent out of the ball- room. Rockwell ignored the jibes and name-branding, so Dorsey. who owns majority stock in Casino ordered manager Dick Gabbe to MCA Shifts Barrett Jerry Barrett, of the Music Corp. of America transportation depart- ment, has been shifted to the cock- tail department. Walter Kirk suc- ceeds him at the traffic post. Barrett was' once jn .the, MCA. radio department. , Harline. Victor Young arid Dculsch. Organization, numbering 107 scor- ers, just about all active here, has ! never sought a Guild status, nor af- filiation with any craft union. cral membership polling, electing slate of officers and 12 boardmen.. Elected were Max Steiner. prez; Adblph Deutsch, v.p.: Eddie Plumb, secretary: Roy Webb, treasurer. Voted onto board were Daniclc | Amf.^Theatraf. Dave Buttolph. Rob- fj~ t "£ p^entYr the*heave."Gabbe ert Emmett Dolan Leo - Erdody. , sidcstcpped (he assignment. Franz Waxman, Arthur Lang. Edd.e wilh . Rockwc ii continuing to sit Powell, Werner Heymann, Leigh , (]uieUy on despile the t i radCj over . I heard by at least half-a-hundrcd I customers, Dorsey ordered waiters . to cease serving former's table and : finally tried to induce a policeman ! to eject Rockwell. -The bluecoat •.;••' ;• 'slated that Rockwell was committ- Bufrrjy RObbirtS tO Solo -"! fn B 110 nuisance, no annoyance. Was . * . . , . ., ■ « not drunk, and hence there was no AS Richmond QUltS CO. j reason for giving him the bounce. Howard Richmond, who has been Rockwell stayed two hours before operating the American Artists Bu- j Anally bowing out. reau, successor to Robbins Artists . The batoneer-booker' feud has Bureau, with Buddy Robbins. will | existed since approximately the time step out of the organization soon on | Rockwell formed GAC. on his own orders from his doctor. His plans! after splitting'from Cork O'Keefe. are indefinite and probably won't So many reports have been sifted involve show business. • around as to nub of ill-feeling that Young Robbins, son of Jack, 'the real underlying cause seems to founder of the agency, will continue have become lost in the maze of to operate the* firm himself. rumort-