Variety (Oct 1948)

-Vc Jnwtay, October 13, 1948 IWters Rally to Writer Cause " Various major songwriters rallied last week to the financial afd of the cause being fought for them by attorney John Schulman in the case of N. Y. theatreowners vs. the American Society of Com- Josets, Authors and Publishers before New York- Federal court udge Vincent L. Leibell. Schulman, in appearing before Leibell last Wednesday (6), was acUng only for writer Milton Ager, but a handful of top writers have already subscribed more than $5 000 to underwrite the case, and more is being collected. Schulman's action to retain for ASCAP the theatre performing right, or at least retain it for writers instead of publishers isee separate story), has no connection, with the Songwriters Protective Assn. or any other organization. It was strictly for himself and Ager. Upon learning this, songwriters Sigmund Romberg (SPA president), Charles Tobias, Abel Baer and a host of others made up a fund of $5,000, which was handed Schulman immediately to help. finance ■ the case.- Letters from Individual writers in New York to others on the Coast and elsewhere either have gone oiit or are going out to swell the fund further. It's figured that another |8,000 to $10,000 will be raised. Writers are deeply interested in the case in view of Leibell s argument that theatrt performance rights 'should revert to the copyright owner, and whether the writer or publisher of a ,song has that right is the cause of it all. The writers want ASCAP to retain its representation of them in such matters, or failing in that to have the right reV0rt to them instead of publishers. OttCHESTRA-llIUSIC 39 Capitol Records Strides Into Ist Foreign Distrib Deal Via Tele-Funken Capitol Records has completed •♦■ arrangements with the Tele-Funken record manufacturing organization, ef Germany, which for the first time will give it distribution out- plde the U. S. It is the first .move by tlie six-year. old Hollywood disker to lift itself to a more solid level as a major company rival of RGA-Victor, Columbia, and Deoea; Capitol has never had foreign dis- tribution of any kind. Deal >vith Tele-Funken, made last summer by Sandor Porges, Capi- tol's foreign division head, and Jim Conklin, v.p. in charge of artists and repertoire; calls for a master exchange arrangement. This ar- rangement had to; be. cleared through U. S. government agencies and Cap has been awaiting: sanc- tion of it for several months. Tele-Funken is more or less the EGA-Victor of the Continent. It operates or has working agree- ments with disk manufacturers in Sweden, Norway^ Czechoslovakia, Switzerland, etc., and the material issued by these firms will be avail- able to Capitol, just as the latter's complete line of masters, piled up ■ince its inception will be available to Tele-Funken: Latter's initial mas- ter shipment, incidenially, is on the way. to Cap here and initial pressings from them will be mar- keted in; the U. S.- late this year. Capitol has also been reported In recent weeks as in the midst of negotiations with British Decca, or rather with E. R. (Ted) Lewis, its head, for distribution in England. There's nothing concrete so. far on this angle, however, and Cap will not talk much about it. Seeing Red An idea of the willingness of the public to accept Communis- tic allegations is evident in the experience of one N; Yv maes- tro, following N. Y. Local 802's branding of election opposition as reds. •■ Finishing performing for a private party, the inaestro be- gan the performance of the "Star Spangled Banner." In the midst of the anthem's rendi- tion, one of the guests at the affair walked up to the band- stand and demanded to know why the band had. the temerity to piay the melody, since he , figured it was composed of commies. He . had read 802's ■ charges in N. Y. papers. Job Crisis Held Key To Wamow Aide's Nix Hollywood, Oct. 12. Music Publishers Contact Era- ployees union got itself into a tus- sle here last week due to its refusal to admit Charles Hayes to member- ship. Hayes sought a card in order to take a contact job with Mark Wamow's music publishing outfit. He had been worldng as a counter- boy, etc, for WarnOw for a number of month.?,-and when; he applied for the usual temporary MPCE card to do contacting clfores, he was re^ jected by the Coast contingent of the Union. Hayes protested the Coast group's bar to the New York head- quarters of the MPCET and the lat- ter's-ruling council backed up the locals. It apparently was not said in so .many words, but the reason Hayes was blocked out at this time was due to the number of estabr lished MPCE cardholders in this area who are out of work. War- now: pointed out that none of the. current MPCE .' imemployed was suitable, but' the union wouldn't budge. All told, there are 29 MPCE men on the. unemployed rolls in N.- Y., Chicago and here, which Is a coht siderable improvement over the' 61 who had no place to hang, their hats a few months ago.'. AFN-Diskers Ban CiHifabs ffit N^t > And Day Pace; No Conclu9ons So Far Col/s Canada Link Sets LP Distribution London, Ont., Oct. 12. Sparton of Canada, Ltd;, will be producing Long Playing records in November. Columbia Record Co: manufacturer. In Canada, the company has completed a one- ^uy ias.1 wcbk, oegmning w story addition to its London plant, flrst, last Wednesday (61 In which the pressing of the LP will be done. AH records made for distribution ■4- James C. Petrlllo, head of the American Federation of Musicians; the union's executive board, and recording industry >ieaders and their attorneys, have been meeting at a furious pace during the past week on the disk ban—and so tar nothing of real importance lias been accomplished. There were short and extended meetings every; day last week, beginning with th*; Mon- day's (11) meet started at 2 pm., broke at 8 p.m. for dinner, re- sumed at 9 and ran almost (o mid- in Canada will be of vinylite com- night. There was another meet l^osition, product: same as the U. S Petrilio Raps Local 802 For COL'S ALBUM ON WEDDING NUMBERS Figuring that there was a fair market among more than 100,000 couples who have. been, married at the Little Church Around the Corner, New York, Columbia Rec- ords will soon release an album Of wedding marches and hymns used by the choir at that place of worship. Columbia made the album « few months ago and said nothing about it, cutting eight sides at the church itself, i e., by remote wire to cutting machinery in its N. Y. headquarters. . Among the eight tunes waxed •re the • marriage marches used before and after weddings, and: among.the other tunes are hymns performed during leromonies. Al- bum will be released next month With e.\tra exploitation efTorl. Coast AFM Repudiates *WaUace for Prez' Tooters Chappell Bucks Songwriter Bid In Film Fee Case Chappell & Co., primary firm o£ the Max Dreyfus imisic publishing organization, crossed swords with attorney John Stliulman in the lat- ter's attempt last Wednesday'(6) to clear the songwriter's position in view of N. Y. Federal Court Judge Vincent L. Leibell's recent theatre- performing rights decLsion. Sciiul- man had applied to Leibell for per- mission to intervene in the case of N. Y. theatreowners vs. the Ameri- can Society of Composers, Authois and Publisher.Sj and ■ when he stepped up before the court to pre- sent argume'nts to sustain the «p- plication to intervene., ChappeU's attorney, Sidney Wallenberg, was there to combat him. Leibell's decision opined that the theatre-exhibition rights should be taken from A.SCAP and returned to the copyright owner. Since it has never been lully established Who would be the copyright owner in: such a case—^-the publisher or writer of a. melody!—it is Sclrul- nian's Intention to prove for the latter. He's acting in behalf of .writer. M.illon, Ager. ■ .Wi'iters ,a re wary of the pos.sibility that ihey would be forced into the position of collecting performing rights fees through publishers. 'l"o prevent this, Schulman's application to in- tervene presented two arguments (1) that the theatre performing right'should continue to be vested Bad Publicity James C. Petrilio and the ex- ecutive board of the American Federation of Musicians' are said to; have rapped £he knuckles of the ruling group at AFM. N. Y, Local 802 for the latter's recent release to newspapers telling a story of the bitter fight for control of the local. Two weeks ago. (22), following .the blowup of the second attempt at an annual b.vlaws meeting, 802's reigning Blue ticket issued long wires to trade ■ and: idallS-^newsr papers, and wire services, detail- ing the'unrest within the local and making communistic allegations against personalities fighting to de- feat the Blues in the Dec. 2 elec- tions. ■Petrilio and the A>EM toppers took a dim view of the moves, it's said, and warned Local 802 chiefs to refrain' in, the future- from air- ing its problems before the public. Basis for the chiding is the $50,000 to $7.'5.O0O the AFM is spending an^ wlally with . Hal Leyshon Associ- ates, New York press agent, in an effort to erase the bad public taste for the AFM after years of a bed press. And 802's publicizing of its internal affairs, particularly its commie allegations, nullified these efforts to some extent. Wires 802 dispatched wer e picked .up by press services-and distributed to daily papers through- out the country, and the majority of the stories were not too careful in distinguishing between the na- tional AFM and the local. Local 802 held: a membership meeting Monday (11) to hear re- ports of committees on the cater- ers problem, another detailed to check on the distribution of jobs paid for by the recording royally fund and a third report on unem- ploymenti Unity ; and coalition groups, opposition to the Blue ticket, had urged attendance at the meet due to the importance of the Items involved, but a quorum was not present. Scheduled at 10 a.m., the hour apparently was too early. 'Delayed B cast' Or Syncro Right A Tele Tnssle ' NBC's television bosses and: Harry Fox, music publisher trustee- in mechanical and synchronization licensing matters, have been playing cat^andrmouse concerning kinescope recording (reproduction on film of origlhal broadcasts). . In discussing music rights mat- ters with Fox, NBC. consistently; adheres to descriptions of these films as "delayed broadcasts," a description which would make them akin to tranficribed repeats of ordinary radio broadcasting. Fox, on the other hgnd, prefers to uie reeornprs ihpr#. wiii ho ■i,un I i^T^\b";\d'caTtn°^[^^^^^^^^^^^ ' "onaHerVTor b^efo-re"'; lor reoroaacast on stations in new contract between the diskers yesterday (Tuesday) afternoon. Petrilio and the industry men are still haggling over the trustee ; plan advanced by the former as a basis for discussion and the AFM president is so anxious to complete, a deal that he has said several times that he will keep the AFM board members, who come from" all over the country, in New York ' until a deal is made. At other times, during which there is a momentary stymie on a partlculiir I question, he threatens to break it j up. On the whole, howevei:, the meetings are progressing smoothly. Recording men are still of the be- lief that it will be weeks before ahv-' thing crystalizes.' It's pointed out that up to how they are still going over that trustee plan and there are still important points in it that remain t& be chewed over, since - there is a tendency to table the tougher angles for later argument, as each come up. When the tru.stee plan is concluded^ it must then go to Washington for perusal and opinion as to its legality in view of the Taft-Hartley law. Then, say the recorders, there will be addi- ,| other parts of the country as much I as a week later"synchroniza- tion." which heretofore has been and AFM can be concluded. Such items as scales, hours, etc , must be given attention. There is nrt in- , applied in the trade only to in* ' dfcation f™^^^^^^ scales for recording musicians. There's one noticeable tiling about the meetings. Recording heads say that there is more will- ingness among rival firm repre- sentatives to come to full agiee- conductmg their own meetings in New York. Apparently, they are being advised by major recording company men on the progression of the meetings with the AFM. As points are raised and passed at the major meet!s, the indies mull them over between themselves and decide whether the same items are acceptable to them, how they ef- fect indie companies, etc. CAVALLARO SUED BY SINGER ON 'CONTRACr Hollywood, Oct. 12. i. n. > AFM Local 47 is backing no pros- ASCAP (contrary to Leibell s dc- idential candidate, according to-a-"S>on) and/or (2Uhal the film per- postcard J. K. "Spike" Wallace, forming rights is unquestionably Prexy of local, mailed the 14,000- , owned by the writer, odd members of union in rcpudiat-1 Chappel filed application to in- ing the so-called "AFL Musicians tervene over the same argument, For Henry Wallace Committee." latter having learned before the Committee, recently mailed all. hearing, through neces.sary papt rs members campaign circulars i filed with various afloinevs in- PUimping for the Progressive Party i volved in the case, of Schulman'.s candidate. The circulars ostensibly ' intention. It seeks to lefule the were designed to appear-as if i attorneys' arguments that tlie emanating from Local 47 head- writer is the copyright owner. Lei- o.uartcrs. Union officials have been bell accepted both applications to unable to uncover identities of I step into (he case, and directed those who had sent cirqulars to that briefs be filed by Oct. \5 and *i*mbership. i answers to them be in by Oct. 22. STYNE-CAHN TEAM ACAIN FOR SINATRA PIC .; Jule Styne and Samiriy Cahn, who recently split as a songwriting team; will work together again on Frank Sinatra's film to be made for KKQ release, with Groucho Alarx and Jane Rus.sell. Writing team, which has been respon.sihle for a; string of pop- hits over the pust few years, recently split over Stvnes intention to produce a Broadway show without Cahn. . Sinatra got the two together to do the score for his film ithey have done llie majority of his recent films\ and it's pointed out tliat there's no tei0on why the two « on't continue to pair off on- other future scores if the occasion arises. showing. I While the current negotiations I between Fox and NBC and . other I video-factions, over permission to I film original shows for later re- ! broadcast, are moving smoothly, , o^..va..vca lu i;oiiie vo luu aeree- , It seems inevitable that there will \ ment on problems, thereby pre- be a head-on snag. Some pubs ' senting a more solid front to the now are willing to give those rights ! AFM. That's beside their individ- I temporarily for free when a show , ual anxiety to make a deal RCA.- j IS on a sustaining basis, and insist- Victor is in the forefront on that ing on payment where a sponsor Meanwhile, independent manu- is involved. But sooner or later it's I facturing firm heads have been felt there must come a collision '.. . v , over whether rebroadcast rights . via film are to be marked as ordi- nary rebroadcasting rights or syn- chro rights. ; There already has been one > tangle between publishers and a -sponsored video show over re- broadcasting via film. Since Old Gold assumed sponsorship of Du- Mont's "Original Amateur Hour" (Sundays, WABDj New York)* pubs I have insisted on per-use payment 1 , for rebroadcast rights to ASCAP i music, even thougli the latter can j be used for free on the original I show, per video's .$1 a year deal 1 ^. ^ „ with ASCAP. DuMont and Old I. barmen Cavallaro is defendant Gold both refu.se to pay the extra i^ $16,000-plus suit brought coin for rebroadcast, and the con- | ^g^'nst him in N. Y. supreme court jtestants on the show are now i''^ vdcalist Jimmy Forstcr, who , forced to change their music in the i worked with the band during it.<» I event any u.ses ASCAP songs in his "Jiu-summer run at the A.slor hotel, ■ work. They must shift to either ! **®w York. Forster claims a vei b»l ! Broadcast Music or public domain | f^ontract with Cavallaro on which material. "Amateur Hour" fs re- i maestro agreed to a one-year peated on WGN-TV, Chicago and contract guaranteeing 40 weeks of WSLA, Los Angeles, the Sunday ' smarting with the Astor run. following each N, Y. originating $16,000 is the amount he was broadcast. to draw, he claims, and asks addi- . tional damages. MC\ in Alhiim Ti* ' Cavallaro flatly denies having n.\uA m AlDUm lie made any sort of a contract %vith With. Perfume Fiim l defense is that the RCA-Victor has lined up an un-^ S'ba^s onlv''and"ih«t">?:'"'°" .usual tieup for the promotion of iTgo Sproper notice aij album of tunes by Harry Revel i ^'^"P^'^ and Involving Dr. Samuel J. Hoff-, a,-!, n..»'„> * r» T»",f • man's Theremin, backed by a large ' ^^'^ UUSlCr lOr DeS 3'IoineS mL:'':.^''t^,:^r'^ t\ Coundlman-Disk Jockey said to be spending .$35,000 in full-i Das Moino.s. Oct ]2. page and cooperative advertising to J- Bennett,, di.sk jockey push its product along with the'?." ."'. doubles as Saffty disk set Commissioner here, has been • Fvninifaiinn ■ , Suspended from office pendinu a hxplollation planned involves hearing on an ouster action The. RPVP? w i^n ^! , < l ''^* ".'•'"'i iJi* »es Moines city council ^nrti ^'''^''-''P^^^ P-«- s oi The- petition is based on a con- ' f; .spiracy charge alleging Benntlt IJr. Hoffman s theremin is an accepted a payoff from .six tavern electronic instrument denion-strited , operators to violate clo.sing houiy, several years ago. from which he - and action of Bennett foJlon iug produces tones by passing his filing of the charge. Hearing on , hands over electronic beams. • the ouster action is set for Oct. 20.