Variety (Nov 1947)

MISCXIXANV Spfit Copyright Verdict on 'Cal' Song Has Effect on All of Sbw Business Important legal question in wWch4- «M show biz is snarled in one fashion or another—whether on» copyright co-owner can force his other half to divvy profits—took a significant in- terpretation last weelc. Appellate Di- vision of-the N. Y, Supreme Court, reversing the trial judge,, ruled that pm copyright holder'must account to the other for profits derived from licensing the work. The decision, if lyjheld when brought before the ■N, -Y. Court of Appeals, vitally af- fects reciprocal rights to songs, plays, pictures and other forms of amuse- ■ went. : ■: ■ In awarding a decision to Jerry Vogel Music Co., and against Miller Music Corp:r the court bypassed a necond question-Trwhether one part- ner to a copyright may force the sec- ond to split profits derived from his own use of the property. In eifect, the •fjourt told the disputants that if they Bold or leased rights to third persons they'd have to share but if trans- acting their own' husineisif. (such as publishing the rousift themselves), the question remains open^ The particular legal puzder is also « moot point in the Federal courts where Vogel is battling" Shapiro, 'Bernstein & Co. on rights to "Mel- ^uiclioly Baby." Current opinion by Presiding Justice David W. Peck re- fers to a ruling in that ca$e in which jTudge Jolin Bright held similarly. Federal suit,' also, is now up on ap-: .peal. ^ 'California' Song the Basis Dispute, in the state court centers ■bout "I Love You California," song copyrighted in 1913 and renewed in '40. 'With both parties sharing own- ership, Miller Music in" '44 sold a li- cense to the song to Universal for «Se in a film. Price-was «et at $200. Vogel demanded a 80% cut An'd sued when refused. ■ Cati't Exclude Co-Owner Discussing the reasons for its rul- ing the court said; "It does " not seem right that-such an extended use through strangers (licensing' a w.ork' to third- persons) Miajr be made of the copyright at a ■' profit solely to the owner conveying the license, to the exclusion of an tqual owner. Such a rule, if adopted, "would also lead to the unseemly, result, evidenced in this case, of co- owners competing with each other and fltiesseing against each other in. licensing the work, Such n^e would: '.•npourage the very waste of a work Which is claimed to have taken place here by licensing the song for motion picture lise for $200. We do not pass upon) the claim of waste thus made because we adopt a rule of accounta'bility which, should promote sound and orderly marketing of a work' and a fair division of profits- oa the basis of'"mutual interest, rather tftan a'rule whiclTsets owner against owner in, the exploitation of common profit." The court noted that in patent cases no such accounting xsould be ordered of one partner'to'another. ..However, it said, no ruling on copy- rights as against' patents had been made wiUi'the 'exertion of one de- cision (CatJer vs. Bailey>'to 1874; This .holding, it said, did not involve accounfabili^ on 'licensing to third persons :but only on use'by a co- owner himself. Vogel is represented by Milton M. llosenbloom ind William Roach of O'Brien, Driscoll, Raftery & Lawler 'while Julian T. Abeles reps MiUer. Abeles has already announced that he will push a review with the Court of Appeals. Joan Davis Divorcing Hollywood, Nov. 4. Joan Davis filed suit for divorce from Si^ Wills, a writer on her air •hoWi She charged mental cruelty. ■: They used to be teamed in vaude as Wills and Davis before Miss: Davis cUdced in radio and pix. U.S. Stairs Score Hit III .London, Nov. 4,* The Command Perform'sntafe yester- day - (Mon.) at the Palladium here! was "the funniest show ever seen," according to members of the royl^il fatnily who witsiessed the special per-' formance for the benefit" of th* Variety Artists Benevolent Fuhd. Comedy was stressed all along the line by Val Parnell, who produced, the show. » Chief honors were shared ■ 'by Gracie Fields, who sang fi^e nimt- bers, and Dolores .Gray and Bill, Johnson,, appearing in the London edition' of "Annie, Get Your Gun," who sang three songs from that musical; ISoth acts received. tre- mendous ovations. Jack Durant, U. S. comic, was also a decided hit, ' The Borrah Minevitch Harmonica Bascals, wiiti Johnny Ptileor were splendidly' received, Wally Boag was a ■ pronounced hit despdte the^ fact that his intimate style wag un- suited to this large housfij Laurel and Hardyi with an outmoded motor- ing skit, were below expectations. Homebred hits were .Billy Russell, Tommy Tr^er .and the Crazy Gang. The skyrocket Band was flaw- lesslx conducted by Paul Femoulhet. Shaw's net was $40,0d0. I^IVOSCING McLAGLEN Hollywood, Nov. 4. Mrs. Victor McLaglen, . former : Suzanne. Brueggemann, announced jfhe'll divorce thesp. They were married in 1943. She was his secretary. Capital Takes Hillbifly Music to Bosom as Radio %ry' Wows D.C. Twice ' Washington, Nov. 4. Connie Gay, part-owner of Hill- billy Enterprises,. with .the help of the 22-year-old "Grand Ole Opry" radio 'performers ftom WSM, Nash- ville, established a new precedent in concert-going here last Friday (31). The Grand Ola Opi^ artists (in two concerts at 7:15 and 9:15 p.m.), drew caparaty audiences which' showed, their lippreciation not only by thunderous applause but with 'g^rhistling,' catcalls and' some plain and fancy stamping, of the feet. All m all, it was something new in con- certs in the D. A. R.'s hallowed Con- stitution I^all, Both shows ■ were complete sellouts. Concert established beyond all doubt overwhelming popularity of hillbilly music in these parts, a fact already adduced in - radio-listening surveys which unanimously show mountain and religous music heading the program preferences of the folks from the "Deep South." The D. C; aud was drawn largely from below the Mason-Dixon line. Concerts were typical of the usual WSM radio show of the same. name. Programs teed off with-the Okla- homa Wranglers, a string trio,' who accompanied themselves in minor- keyed ditties such as "I'll Go Back: to Monongahela Valley," "Raggin' the Bow" and the traditional "I'll Be Comin' .'Round the Mountain.'' The audience whooped it up for the boys and lost all semblance of control when Cowboy boy Copaz, a tenor with a pair of lungs geared for hog-calling, took the stage. He reeled off several hillbilly dirges, most of them of his own compo.«ition. Lonzo & Oscar, comedy duo who special- ized in mountain corn; the Tennessee Mountain boys, husky yodelers from Dixie; Minnie Pearl coloratura with an ear-splitting range which wowed the concert aud, and balladeer Eddy Arnold, wound up an evening of strenuous entertainment. 'Julia' for Greer Hollywood, Nov. 4. . Next Greer Garson film, "Julia -Misbehaves," has been moved up to a Dec. 5 start. Originally slated after Ci'st of the year. Everett Riskin produces, Jack Conway directs. Mistinguett (About 80?) Plans Another U.S. Trip * Paris, Nov. 4, Mistinguett, irano.wned for her gams, despite her age, may come to America. She would be billed as "the French Fanny Ward." "Miss," as she is popularly called in France, is said to be near 80. but her nether extremetles have long been k French theatrical trademark and even today she looks nearer SO. Mistinguett was brought to Amer- ica by the Shuberts for "Miss Inno- cence" in the 1920s. She has been tourmg France in variety, 'work- ing with two male partners. Her lougtiine partner. Earl Les- lie, is currently said, to be in the cafe business in California. KEN MtJRRAY'S "BLACKOUTS OF mT' El Capitan Theatr*, Hollywood, Cal. "Wiatch for KEN- MUBKAY'S new feature length. JUm production "BILL AliTD C<>0." • ' . Relea«ed through Republic Pictures Coast . Friars Frolic A Lot at Bob Hope's Expense; 900 Turn Out By ARTHUR UNGAB > ' Hollywood, Nov. 4. Ptiars Club branch of.L. A. of California . put honor-guest Bob Hope on the toaster once over lightly at a big formal func- tion here Sunday (2) night be- fore a mixed audience of more than 900,: most of them from films, stage,- radio and newsdom. Talent tliat sat on the dais failed td barbecue Hope as thoroughly as they''ve roasted others in the past, but still did a job of. putting him through the heat-! waves. EVent is generally acknowledged to have been one of the top shindigs the town - has ever had. It looks as though it will do plenty to enlarge the ranks of the Friars,-whdch have been rather slim lately. <JeorgB Jessel served as roastmaster. On the dais with - hiip. were Jack Benny,- George Burns, Eddie Cantor, Gen. Ralph P. Cousins, Al Jol&on, Henry Ginsberg, TCay Kyser, Henry Mor- gan,.Walter Winchell and Hope. After -being kidded, Hope replied that "I'm taking a helluva beating to save your . club. However, I'm thrilled to do this benefit for -you fellow's. Incidentally, I understand you've taken in-so much money that; you've had an offer from Jules Stein (MCA chief) to take over the whole thing." Hope then dug in kiddingly against his fellow celebs, concluding: "They criticize me for having 10 writers, but what other writer has a . team that can play Notre Dame?" Jolson wound up the evening by singing a score of songs. Jessel, as Roastmaster,. observed that Friars were giving a dinner for a "celebrated" ; comedian. ''That*s what I was told anyway," he said. "But Hope is really an internation- ally.'prominent actor. As to his being a comedian. He's really in the embryo .<>tate. Hundreds of people didn't want to buy tickets," Jessel kidded, "so they sent telegrams, fig- uring it would be a cheap form of advertising. - But if they want-free plugs, let: 'em -fight it out- at the Mocambo." Touching on Hope's war record, Jessel said he knew nothing about the tribulations Hope and General Cousins went through, although he himself had been through the battle of .Costa Rica with Zanuck. ' Kyser -said he knew why Hope traveled all over the world. "That way,'' he said, ""you don't have to change your Jokes." Hope is so benevolent, he added, that if he; wanted t8 commit suicide he'd have to jump off his bankroll. "They had to delay the end of the war three months, because there were three camps Hope hadn't played yet," Kyser added. Cantor introduced him.self as "a humble minstrel come to do honor to a man who has honored all of us. Cantor bowed low to Abbot Jessel, who the former described as the "self-appointed Abbot, I should say, Jessel got famous as a toastmaster back east, but he had to come out here and appoint himself Abbot so everybody would know who he was —although they still call him Jessel at 20th Century-Fox." Introducing Ginsberg, Paramount's studio head, Jessel said he tried to get somebody from Paramount but •couldn't. They invited the "genius" of the company, Y. Frank ^-ecinan, ,WcJn»ed«y, N«v«nib«!r S, 11147 This WeekV Footyi •By Harry Winner- VSports Director, ABC Ifetwork) , College OAMfiS " . .WINNERS W»ke Forest^Beston_ College. . . i.,.....Beaton College i Brown-Vale Yale Colgate-Heir Cress Holy. Cross llartmouth-C«I«mbl» CbWmltlit Syracuse-Coitaell i.Cornell' ;., rdncetoit-Harvkrtjl^ 'w.VriiHteUm'.'. ,<.'.. Georgia Tee1i«N»irT Oeerxhi Teeh . VIt4;inia-peniu]rlvsBi» ,, Penn ^ Pemi State-Tiiemiile .PSnh Siitte'^.'.. Kentucky:West Virginia •.. r...:.; Kentu6l(V''';-.,'-',-.. Army-Natre Dame .,. -. '....'.,- Notre 'Oame ... Villanova-Marquette ............. . ViUanttva ...... Western Mteh-IIHnols ,..;......'...........IHInols ........ lBdUna-Mlchi(»n .Michigan lowa-Wlsconsln , Wisconsin Kansas-Nebraska ^..^i...KansaS' . "POINTS I ....... 7 3 '. 7 9 3 .. ..... 1 6 2« 6 ZO 3 35 ....... 10 .. 12 M Okbhonui-Kansas State ..OU»]|iOnia , 14 Santa Clara-Michigan' State Mich.' State 12 Pardne-Minneao^ . . t .^'... .Pnrdne % ......v.,...;v..... 3 Northweatern-^Ohi* State ................. .Northwestern ..........v... 6 Missoarl-Dnke puke 3 Miss. State-Aabnrn Miss, Sia.te 10 Georgia-Florida ....,........ ^...... .Georgia'. ................... .14 Tennessee-Mississippi .....Miss. 7 North Carollnii State-NorQi Carolina .'North- Calrollua , 6 Arkansas-Rlee Arkansas '. 1 Baylor-Texas .JTtXM ' 12 SMU-texas A£M SMC 13 Washington-California .'.......California ........... A VCLA-Orcgon State UCLA , 3 Stanford-Southern California .,.- Southern Cal 39 Washington State-Oregon- Oregon 6 . . (Games'ar«'played <$at«rdat/ 'a/ternoon>, unless otherwise stotedi) Pro Football NATIONAL LEAGUE , GAMES .'WINNERS Philly Eagles-N. T. Giants......... . . . .w. Eagles . .. Wash. Rcdskins-Pitt Steelers...,.... .. ... .'Steelets - . Boston 'Tanks-L.' A. Bams. .Bams .... Green Bay Packers-Chi Bears Bears Chi Cards-Detroit Lions, POINTS : -T Cards . ,. 10 • ' ■. ALL-AMEBIC A CONFERENCE GAMES WINNERS ; POINTS Baltimore Colts-Chi Backets (Frl nite).... Colts 3 Brooklyn Doitfgers-Cleveland Browns.......Browns ............ SO L. A, Dons-Baflalo Bills.............. i..,.^;Oon8 '.,............. ...... 8 San Fr«i-N. T. Xankees::^ ..Yankees , S -(Games are played- Sunday ''ojtemoon, unless, othenutse stated.) Wins, 16g; Losse;, 86: Ties, 12; Pet., .C61^ -(Ties don^t count) . ^Points represent predicted margin of victory^ not the /OfftcUH odds, r CANTINFLAS27GWOWA$ MATADOR IN CARACAS Caracas, "Ven , Oct. 28. Mario (Cantinflas) Moreno, Mexi- co's top stage and screen comedian, rang up a gross of 00,000 bolivares ($27,000) in a single day here when he appeared as a matador in ^e San Martin bullring. Cantinflas, who took, up bullfight- ing as a hobby, got terrific salvos from 'Venezuelan fans by mixing an occasional conga with daring cape- work. The audience let him- cut off the animal's ear, one of the highest Signs of their approval. but he couldn't make it either—so they settled for Ginsberg. Ginsberg-said he has a great af- fection for Hope. "Bob's option comes up shortly, but I don't waift to commit myself on behalf of the company. Bob - will be rewarded though when I see him after din- ner;" Morgan wanted to know why the dinner wasn't being investigated. "What is it against?" he asked.' Benny told the crowd they'd have had. a much better time if they'd stayed home and listened to his airer. Winchell told about how showpeo- pie have knocked themselves out.(^or the Damon Runyon fund, raising al- most $1,500,000 so far—$250,000 more than any other industry. He praised Hope for raising $30^000 of' that on his own. Hope, as the final speaker, kidded Benny. "Benny," said Hope, "put Jack Paar on as a summer replace- ment, and it's broken his heart to find out the guy is funny. ■ "Morgan js a fine comedian," he added. "His material is so intelli- gent Berle can't steal it. As for Ginsberg, he was born in the front olTice at Paramount, the. place they keep you around as long as your grosses stay up. If they drop, you drop through a tx'apdoor and land in the casting office at Monogram." Hope said he was glad 'Vishin.sky had let Winchell off for the evening, and that he had done such a won- derful job on Russia.—although Can- tor did a better job with the Mad Russian. , . .,.,i, '., aris ' LensHMn, Trying to Kill Pix of Anti-Soviet Riot Paris, Oct. ' 29. In an attempt Tues(jay (27) to sup- press paper.and .screen- documentary evidence of what was the most vio- lent political demonstration in Paris since liberation, overzealous. police badly beat up a dozen photographers and cameramenj including several representing American wire and newsreel organizations. A protest has been lodged with the authoritie.^. : Gilles Bonneau,; 4>f Metro Journal newsreel; Andre Fersen; of Fox Movietone News; Georges and Ray-: mond Megot, brothers^ one working for Metro and the other for Fox, were clubbed, beaten with rifle butts and had their cameras smashed. Richard Dale, Acme photographer, was dragged from an awning where he was perched, and severely beat- en, white Richard Cheynet, of As- sociated Press, attempting to keep a picture record of the beating, got one himself and had his camer.i smashed. Cameraman Charles Meunier, and Associated Press photographer Jean Jacques Levy, were thrown from the top of a police truck from which they^ were operating and welted acro.ss the back. Some were taken to the hospital with blood streaming down their faces. An anti-rCommunist organization had called a meeting on behaU of "Victims of the Soviet" in the Etoile district at Salle Wagram.: Theatres in the immediate vicinityj such as Etoile, Lutecia and Empire, did'"p'ractically no biz that night. A-C Turn Agents For Costello Foundation Hollywood, Nov. ♦. Abbott and COstello are going into the talent agency biz, with proceeds earmarked for the Lou Co.stello Junior Foundation, dedicated_ lo undcrprivilged kids.- First clients; are Cathy Downes and Bobby Bar'' ber. .Comics are eyeing other lair ents. M'is^a Downs' first .stint is ust J'nmffle lead in forthcoming A-C pic, ' Noose Hangs High." Barber will he gag- man in siame pic'-i ' •' '