Variety (Nov 1948)

irdhie«l«yi Ninr«nil>» 9, 1948 •mcHEsniA-Mrsic Weak Backlog Cues RCA Takmg Lead on Disking with AFM Peace In the event a settlement of the* reisording ban is okayed within a feW' weeks by the Department of- Justice, recording will resume at Varying speeds at different labels. In «ome cases a helter-skelter pace' will not be established because at this time the trade is busy with the annually huge Xmas business. Such activity, however, is confined to production and will not inter- fere with studio recording of new material In preparaMon for press- ing after Jan. 1. BCA-Victor, which is virtually shorn of all suitable pop material, most likely will take the lead in waxing. The condition of its cur- rent backlpg is what caused the anxiety of its executives to take the lead in negotiations to settle with the AFM. It's claimed by many execs of other companies that compara- tively little money will be lost by various manufacturers by the opening up of new recording. Backlogs created prior to last Jan, 1 were pretty much depleted with all companies, and a big slice of what may still be on shelves is made up of standard material good for release. at any time. Of course, many tunes were made before the ban which never have and most likely never will be released, so bad were they adjudged on second hearings after the pre-ban hustle of cutting. These will represent a loss, but a comparatively small one considering the amount of money Invested in waxing prior . to last Jan. 1. Tops of the Tops Retail Disk SeUer "Buttons and-Bows" Retail Sheet IMusie SeUer "Tree In the Meadow" "Most Requested" Di«k "Maybe You'll Be There" Seller on Coin Machines "Tree In the Meadow^' British Best Seller "So Tired" BARRQN-OSFELD SET NEW BMI PUBLISHING CO. Blue Barron and Jack' Osfeld have completed arrangements with Broadcast Music, Inc., for estab- lishment of a new music firm to be titled Barron Music and op- erated by Osfeld. Agreement with BMI is not a performance deal, but a fuU-fledged financial affilia- tion, with coin being put up by both sides. ; New 'arrangement will Incorpo- rate an old Barron deal with BMI forva firm which has been inac- tive and one titled Raymond Mu- sic, which Osfeld had set up under a BMI performance deal. As AFM Royalty Trustee Inside'whisper is that Mrs. Anna Kosenberg,; former labor and in- dustrial adviser for Presidents Tru- man and Roosevelt, would become the trustee for the .American Fed- eration of Musicians royalty fund. Selection of a single trustee, either man or woman, is provided in the settlement worked out last week Jjetween James C. Petrillo and. the recording companies. Hope is to sidestep Taft-Hartley Act provision by putting the fund in; the hands of an outside trustee. However, before the deal is for- mally clindied, it will 'require; clearance. hei:e; from four Federal sources to give the platter^pressers and musicians assurance that it is okay to proceed full steam. These agencies are the Department of I Justice, Bureau of Internal Rev- [enue, National Labor Relatidtis {Bureau, and probably the joint j House-Senate Committee set up to , observe the T-H law in action and (recommend changes to remove the ibugs. ASCAP, Tele Interests in 1st Meeting, Confined to Discussion of Problems Disk Peace Continued from paee 1 WB Pays Off on Tune Hollywood, Nov. 2. Sally Benson has collected $6,500 from Warner Bros, follow- ing a suit over screen rights to a I song used in "One Sunday After- I noon. The tune, "Girls Were Made to j Take Care of Boys," was co-! authored by Miss Benson and Ralph Blane. 'Music of Distinction' John R. Andrew, formerly direc- tor . 6t sales promotion for Asso'^ ciated-Muzak, has been elected president of Music of Distinction, Inc. : Company plans a new type of wired music service especially programmed for each subscriber based on a library of wide-range London records augmented by other recordings. , It has'just been installed in the new. Rough Rider Room of the Hotel Roosevelt and the Hotel Mc- Alpin, N. Y. ^RH' Logging System Richard Himber** new detielopmcnt in logging broadcast perform- onces lists tunes in the survey, based on four major network schedules. They are compiled on the bosij o/ l point for siistaininff iTistrMmental; 2 points for stistatntnsr vocal;- 3 /or cornmerciol iristrwmentol; 4 for ^ ■ ^{ymmerdal vocal; respectitiely, in cocJt of the Z vmjor territories. New \ former, were not happy.: They, ; YoTlc, Chicoflio ond Goa-st. For example, a Gommerciol Vocol in all three territories counts 12. would bei allowed to proceed by the AFM pending governmental action on the plan. Obviously, that could not be true since neither the, AFM nor the recording men will know until, they're advised whether their plan will be acceptable under the terms of the Taft-Hartley law, However, it's felt by the cQskers that the election and its possible effect on administration personnel would not have any bearing on the evaluation of: the plan in. Washing- ton. . While' some recorders lean toward looking upon the settle-^ ment of the 10-month old record- ing ban as a complete victory for the manufacturers, that's not sub- stantiated by facts. The AFM did give in to the recorders on the idea of the latter making full retro- active payments of royalty sums since Jan. 1, last, when the ban began. But the AFMi if the settle- ment is eventually effected along the lines laid down last week, wlU retain its royalty fund idea. That's a victory for the union. . Reaction to the surprising get^ together of the AFM and repre- sentatives of . RCA-Victor and Co- lumbia were varied; Music pub- lishers, artists,, musicians and others; connected- with record sales were naturally jubilant. Capitol and Decca chiefs, particularly the Week of Oct. 22 to Oct. 28 Total Song Publisher Pts. Buttons and Bows—f'Pale Face"—Famous > > 169 Here I'll Stay—H-'Love Life"—Chappeli 159 Vou Were Only Fooling—Sliapiro ... ......,..., i. ..... . . ... 153 Hair of Gold—Robert 152 Cuanto Le Gusta—t"Date With Judy"—Southern 137 Isn't It Romantic—1"I.sn't It Romantic"—Famous 126 On a Slow Boat to China—Melrose 105 You Call Everybody Darlin—Mayfair , 103 Everyday I Love You—t"Two Guys From Texas"—Harms 103 A Tree in the Meadow-—Shapiro. 102 Maybe You'll Be There—Triangle 102 Ain't Doin Bad, Doin Nothin—Spitzer 94 Say Something Sweet to Your Sweetheart-^Mills^.... ,.,■..«• • • • • 89 Bluebird of Happiness—T. B. Harms 85 Lavender Blue—Santly-Joy 85 The Money Song—Crawford , 83 It's Magic—f'Roraance on High Seas"—Witmark 81 This Is the Moment—f'Lady in Krmine"—Miller 79 You Came a Long Way From St. Louis—Jewel ...,,.,.«...•••«.. 78 Underneath the Arches—Robbins i...,««. t. • 77 Love Somebody—Kramer-Whitney i '3 When You Left Me—Porgie 72 Rambling Rose—Laurel • 72 §ay It Isn't So—Berlin »u. • • 72 it^s a Most Unusual Day—f'Date With Judy"—Robbins ...,,»... 71 My Darling, My Darhng—'^"Where's Cliarley"—Morris 65, Until—Dorsey Bros 65 Galway Bay—Leeds • ^1 Down Among the Sheltering Palms—Miller 56 Night Has Thousand Eyes—VNight Has Thousand Eyes"—Par... 56 ■What Did I Do—f'When My Baby Smiles at Me"—Triangle 55 For You—Witmark 5f 1 Don't Care If It Rains—("Two Guys From Texas"—Witmark.., 54 Twelfth Street Rag—Shapiro ■ 54 Bouquet of Roses—Hill and Range 52 Put Em in a Box—f'Romance on High Seas"—Remick. 1 Still Get a Thrill—Words and Music why Does It Rain on Sunday—Duchess A Hundred and Sixty Acres—Leeds I d Love to Live in Loveland---BVC. I f 4 4 « < •-• • That Certain Party—Bourne 37 in My Dreami^Wizell - ^' Brush Those Tears From Your Eyes— tweeds ' ^\ Cornbelt Symphony—Mellin J5 You Started Something—BMI %\ Just for Now—Advanced , > ii Bella Bella Marie—Lefeds along with Mercury and M-G-M execs; were left out in the cold on the final negotiations and did not know-that settlement was near un- til late Tuesday or early Wednes- day (26-27), when they were in- vited to a meeting in New York to ratify the plan Victor and Colum- ] bia execs had arranged with the I AFM. There were no Capitol men I held responsible enough to act for j the company in New York at the I time, and a meeting of Gap's board I in Hollywood Thursday f25) after- noon gave its consent to go along. I Joe McGonnell, RCA-Victor at- torney, and James W. Murray, who had warned other recording companies two weeks ago when ne- >gotiations witli the AFM . were broken off that he would continue ' to try reaching agreement, appar- ently made the settlement. Frank ' White, Columbia Records prcsi- ! dent, was also in on the talks. They j u'oned: things out alone, presum- I ably doing so deliberately because i of; the anti-.settlement attitude pre- i viously displayed by Capitol and ! Decca, and then called the others I in. Victor was so anxious to set- . tie, it would have given in to the i union's demand for retroactive ! rcvalties; its share of this alone would have amounted to $300,000, it's said. David Sarnoff; . RCA ' board chairman, was a participant ; in the final discussion before all I disk companies were- given the ,plan. j If the deal is approved by the D. of J. it will run for five years, 'and involve payment of royalties ' from Sept. 30. It calls for, accord- 1 ing to statements, from the AFM, l a single tru.stee to administer, the. 1 fund. This angle still has some I diskcr attorneys believing the Gov- jernment men will reject the plan, .It also calls for a blanket 1% roy- ally on all disks below $1 in retail price, and a sliding scale above. A! Donahue in Coast I Run With Savitt Orch' Hollywood, Nov. 2. Al Donahue's orchestra opens at; the Avadon ballroom here Friday (6) for an indefinite run. Maestro has returned, here to put a band in shape, for the job, after taking over leadership of the Jan Savitt or- chestra on a northwestern tour \ which ended Saturday (30). Sa- vitt died while on this trip. . I ' Donahue only recently returned to the Coast alter a long stay in I the east, the majority of the time at Roy Gill's Totem Pole, Auburn- dale, Mass. HOTE NEW YORKER RETURN TO ICERIES New Yorker hotel. New York, will return to its ice: shpw policy when Bay . McKiiiley's orchestra exits in December.' Though Mc- Kinley has been doing well enough in biZ; the hotel gets so many | queries about the blades revue that > it has decided to return to it. I lAcKinley has been averaging over 1,000 covers a week since his opening some weelcs ago. with one act (Andrea, Andree and Bonnie), and that, plus the reduction in op- erating costs allowed by the ab- sence of the ice show, apparently has made McKinley's run a profita- ble one. But the ice policy is so well established that the hostelry feels it -must cut back to it. Subcommittees representing th« American Society of Compo.ser3, Authors and publishers, and tele- vision interests, had their first meeting Monday (1) in New Yorlt. Initial confab between the two fac- tions accomplished nothing. It was confined to the discussion of mutual and - individual, problems, operations, clearance of music, etc. There will be others shortly, even- tually winding up in the establish- ment of a rate structure for the use of copyrighted music within the ASCAP repertoire, which now is available to tele broadcasters at a token $1 a year rate.. ASCAP, however, still has not corralled enough agreements from individual publisher members to represent tiiem in video music- rights sales. According to ASCAP bylaws, the Society requires okays from 80% of its members on such problems, and that percentage -has, not been reached. It is stated that signed agreements, extending ASCAP's tele representation rights two years beyond the current shortrterm contract ^ (expires Dec. 31, next), are coming in faster than they did when the expiring, con- tracts were sent to members for signature. Society expects to.< achieve the 80% margin, within * - short time. Meanwhile, publishers who were asked several weeks ago-by Harry Fox, agent and trustee, to allow NBC free use of music for re- broadcast purposes^ have been go- ing along with the request. NBC will have the right to reproduce live video shows on film, for broad- cast on tele outlets in other: secr tions of the country, for free until Jan. 1 next. Lillette—Jefferson ^2 Rendezvous With a Rose—Jay-Dee,.., ^\ Ah But U Happens-rBoume.,.. ■;. < ..>.»... ,....*.•.......:. • r Joe . Rcicfaman band lx>oked ior \MUral Room, Baker hotel, Dallas, i Opening Nov. 6. Songs with Largest Radio Audience The top 32 sonjjit of the week based on the copyrighted Audi- ence Coverage Index Surrey of Popular Music Broadcast Over Radio Networks. Published by Uie Office of Research, Inc., Dr. John G. Peatman, Director. : Survey Week of October 22-28, 1948' A Tree In the Meadow ........... w\. ; . Shapiro-B . Ain't Doin' Bad Doin' Nothin'::... ,.\ ..........,. .Spitzer Blue Bird of Happiness . i... .. . .. .. .T. B. Harms Buttons and Bows—^f'Pale Face",.... ....i.Famous . . Confess ,. Ox^ford Cuanto Le Gusta—f'Date With Judy" Southern Down Among the Sheltering Palms Miller Ev'ry Day I Love You Harms Galway Bay Leeds Hair Of Gold Robert Here I'll Stay—*"Love Life" Chappeli I Still Get a Thrill Words & M .I'd Love to Live in Loveland. . ...BVC Isn't It Romantic—flsii't It Romantic" Famous It's a Most Unusual Day—t*'Date With Judy" Robbins It's Magic—f'Romarice On High Seas" Wit-mark Lavender Blue Santly-Joy Love Somebody .. ... ......... i...;... Kramer-W Maybe You'll Be There . . ... . ............ Triangle . My Darling, My .Darling-^*"Where's Charley''* .. . Morris ^ My Happiness Blasco , On a Slow Boat to China Melrose Rambling Rose Laurel Say It Isn't So Berlin Say Something Sweet To Your Sweetheart,....... .Mills Twelfth Street Rag Shapiro-B Underneath the Arches., .. ... ...,..........».Robbins Until .- Dorsey Bros. When You Left Me '. Porgie You Call Everybody Darling Mayfair You Came a Long Way~fr0m St. Louis Jewel You Were Only Fooling X*. Shapiro-B The remaining 20 songs f)f the week, based.on the copyrighted Audience Coverage Index Survey of Popular Music Broadcast Over Radio Networks, Published by the Office of Research, Inc., Dr. John G. Peatman, Director. A Hundred; and Sixty Acres .. ..... . .. . .: .,. . Leeds Ah But It Happens , , Bourne Bella Bella Marie Let-ds Bouquet of Roses Hill & Range Brush Those Tears Prom Your Eyes , , .... Leeds By the Way—f'When My Baby Smiles at Me"....BVC Cool Water American For You , Witmark I Don't Care If It Rains All Night ■ Witmark In My Dreams Wizell Just for Now : Advanced Money Song Crawford Night Has Thousand Eyes—f'Night Has Eyes" .... .Paramount Put 'Em in a Box—f'Romance on High Seas" Remick Rendezvous With a Rose Jay Dee Steppin' Out With My Baby Berlin Take It Away .. Peraora That Certain Party Bourne This Is the Moment Miller Walkin' With My Shadow Johnstone-M What Did I Do—f'When My Baby Smiles" Triangle Why Does It Have to Rain On Sunday Duchess You Started Something BMI *Jiegit Musical, t Fi Imtisical. ♦ ♦♦♦♦♦♦ft^^^'tft^^^tttf^tf ♦♦♦♦♦♦♦«« ♦♦♦♦♦♦♦♦♦♦4444