Variety (Jun 1948)

42 ORCHKSTRAS-MlJSICij VeJneBday, June 2, 1948 Loesser Sues Gwirlz Over Song Rights Ffank Loesser launched suit last week'in N.Y. federal court against Irving Gwirtz over a group of pongs written by Loesser to which Gvi-irtz allegedly claimed he had publication rights. Action is against Gwirtz personally* rather than against Saunders Publications, Inc., one of Gvi^irtz's music firms, . due to the fact that the lattefs treasury is blank. Argument between the two is unique. Some years ago, Loesser made a deal with Art Schwartz, formerly with maestro Freddy Martin, via which Schwartz's Saun- ders Publications would market some of the writer's tunesi Schwartz later sold Saunders to Gwirtz, but the Loesser. tunes were not includ- ed in the deal. Gwirtz, however, went ahead and acted as if the songs were part of his purchase, sold copies of them, accepted me- chanical fees, et'c. . Loesser wants an accounting of the mpnies accepted. Illegally, by Gwirtz and wants him stopped, from : representing Sunders as owner of fhe tunes.' Burllves in Demand^ Chicago, June 1. . Burl IveSi.currentlsr fln a concert tour, Is being sought f«r a cafe date within the next couple of weeks at the Mayflower here. He is afready tentatively set for a run at the same Eipot next fall, and may go to Europe the following spring." All his next season plans are more or less in abeyance, however, pending further talks for the singer to star as'Falstaff'in a musical based on Shakespeare's "Henry IV"* on Broadway next winter.. ■ Meaivvil'lidpiei.'-Ives has he^n ap- proached io < switch to Columbia records when his present' contract with Decea expires. J^^n Best Sellers on Cwn-MacMnes J!!!^^^ 1. 2. 3. 4. 5. 6. 7. YOU CAN'T BE TRUE DEAK <8) (Biltmore)... NATURE BOY (7) (Burke-VH) LITTLE WHITE LIES (13) (BVC) MY HAPPINESS (3) (Blascoy. TOOLIE OOLIE DOOLIE (6) (Chas. K. Harris) BECAUSE (4) (Chappell) . .. SABRE DANCE (14) (Leeds) 8. NOW IS THE HOUR (18) (Leeds) 9. 10. WOODY WOODPECKER (1) (Leeds) BABY FACE (2) (Harms) Coming Dp MAYBE YOU'LL BE THERE (BVC) DICKEY BIRD SONG (Bobbins) .... TELL ME A STORY (Laurel) r PUT 'EM IN BOX (Remick) .... FOB EVERY MAN A WOMAN (Melrose) LAROO LILLI BOLERO (Shapiro) HEARTBBEAKER (Leeds). HAUNTED HEART (Williamson) ST, LOUIS BLUES MARCH (W.'C. Handy) WE JUST COULDN'T SAY GOODBYE (W&M) . , I'VE GOT CRUSH ON YOU (New World) THAT AIN'T RIGHT (Am. Academy) , i.... .\ ...., •fcUCJKOO WALTZ (Chas. Hani$en) ... , {Figures in pav&nthesea indicate nvmber a) vteks song Jerry Wayrte ,,K, Griffin King Cole Capifol Dick Haymes. .., ■' Decca Jon Sc Sandm Steele Damon [Andrews Sisters Decca ( Van Norton Continental Perry Como Victor J Woody Herman ...,.. Colninbio \ Freddy Martin Victor i Grocic Fields London ( Bing Crosby Decca Art Moortey M-G-M Kay Kyser Cdlumhia Gordon Jenkins, v.. . . .Decca V Freddy Martin........ ■, . iVictor (Larry Clinton Decca J Sammy Kaye. Victor ( Ames Bros,............. .iDecca King Cole.. .Capitol Tony Mortin Victor {Peggy Lee Capitol Perry Como'. Victor I Andreujs Sisters, .... .... Decca (Ferlto Stri7t0 Band..,, I... J^alda 3 Perry Como Victor \Jo Stafford Capitol Tex Bencke.. .Victor Frank Sinatra. ........Cohtmbia Franlc Sinatra:. .. .Columbia Frankie Laine ".. Mercury Ken Griffin , Rondo has been in the Top iOJ Sherman-Clay's Ad Oscar i San Francisco, June 1. ' Sherman-Clay took first prize in a national contest'.for the most effective; adv^rtiseineitit tying in' with National Music Week. Contest, sponsored' by Targ. & Dinner, Chicago musical instriu- ment distributing firm, was open to all piano, radio, record, general music stores and department stores. . Catherine Bancroft is advertis- ing manager of Sherman-Clay Co. Pals Pot Martin's Mdsic Shop $40,000 in tin; Red Hollyv^rood,' June 1. Freddy Martin has' closed his music shop in the Ambassador hotel after two years, and ab- sorbed a loss of $40,000. . • Martin was too good to his friends to make any. money.'Maes- tro got hit continually for: dis- counts or wholesale prices on merchandise and free installation to boot. All of which didn't work out with the till. Aptizich in Business Pittsburgh, June 1. Part-time trade started by Morry Aptizsch, saxman with Tommy Carlyn's band; has' expanded -so rapidly that he is quitting orches- tra to devote all his enei-gie^ to it.. Aptizscb began some time ago making braces for crippled chil- dren,, and the sideline has grown soi that a small \vorkshop is now a small factory. ' . Aptizsch turned in, his notice to Carlyn last week. He will be re- placed by Eddie Myers. Peer SiKS Leeds In Infringement Ov^r'Because' Peer-International, one of the Ralph Peer companies, began suit last week, in N.Y. federal court ^gainst Leeds Music ov«r the song "Just Because." Tune recently be- gan reaching some success due to the Frankie Yankovic recording (Columbia), of it, followed by others. Aiid Peer claims Leeds' song Is an Infringement- on a copy- right held by P-I under the same title. Leeds bought "Because" as part of the Jenkins catalog, when Lou Levy, Leeds head, purchased that' firm in 1939. It was written by Joe and Bob Shelton and copyrighted in 1935. Peer's tunft of the same title was copyrighted in 1930 by Hubert Nelson and James Touch- stone. Melodies of both songs diifer completely, but the lyrics are almost identical. Leeds, however, has been pub- lishing its version of the song, un- aware of the Peer tune, virtually since it bought Jenldns. And Peer did nothing about it until the Yankovic recording began moving and the tune started selling sheet music. Then it got out its own song, followed up by the suit against Leeds. Decca Halving PiTvy Decca Records has cut its quar- terly 25c dividend to Istockholders in half, a move designed to gird the company .for the coming sum- mer months, which are not ex- pected to turn up any improvement in lagging disk sales. Cut, efCective with the next quarterly payment, will reduce the per share earning to. 12V^c, but has nothing to do, of course, with the annual profits dividend. , Decca lists 776,650 shareholders of its capital'stock. Last year, it went through a two-for-onc switch. m Miller Music Parade Of Hits A Grraf N«w Score by Edward H9Yman and Noc/o Hifxh Brawn Fram M-G'M%'Big Alt Sfar Technicolor Muucat, "On An l»ktnd W^th Yav**^ Takin' Miss Mary to the Ba 7&e(A Soe4 ^eeofuU ^ HELEN CARROLL and SATISFIERS Victor JACK SMITH with EARL SHELDON ORCfl Capitol KAY KYSER Columbia THE SQUADRONAIRES London On An Island With You XAVIER CUGAT '. Columbia HAL MclNTYRE j. . m-G-M THE SQUADRONAIRES : London "\ ■ ■ ■■■'..'■■ .'« ■■■ If I Were Yoii JIMMY DORSEY M-G-M fftEDDY MARTIN .Vrctor ANDY RUSSEU Capitol . ^ MflLLCfS MiyiillC C@[S^@iATIi©l 1619 BROADWAY, NEW YORK 19 Norman Foley, Gen. Prof. Mgr.