Variety (Nov 1948)

80 ORCHKS'mA-MUSIC Wcdnefday, November 10, 194S Apes Moorebead Batdes Disk Jockeys' Anrings Of 'Wrong Number' Album Hollywood, Nov. 9. Agnes Moorehead is making an effort to stop disk jockeys from playing her Decca Becords album of "Sorry, Wrong Number" on the air. Wlnile the overwhelming per- centage of recording artists are al- ways angling to get the air platters played, Miss Moorehead wants to put a stop to the airing of the dra- matic recordings, feeling that it will eventually cost lier coin. Miss Moorehead has done live broadcasts of the Lucille Fletcher story on "Sflspense" over CBS, four times to date and is set to air; again on Nov. 18. Feeling is that platers, if aired constantly, will kill all future live performances^ Miss Moorehead has complained to Morty Pailitz, Decca west coast head, who revealed to her that nothing could be done about re- stricting the dramatic album from the air. No record, of course, is licensed for radio, but the case has never been won in court and it is com- mon practice for radio, juke boxes, wired music, etc., to use disks with- out reward to the artists. Accord- ing to the 1909 copyright law, nc-ver amended, no public per- formance of a phonograph record Is made for profit. Ten years ago Fred Waring in* Btitnted a suit in a Pennsylvania: court, charging that numerous Quaker State stations were injur-' ing his live-radio entertainment status by spinning platters of his band. The batoneer lost his case,. although he did not fight it through for a final decision from the U. S. Supreme Court. Decision Reserved In BMI vs. Havana^Madrid Federal Judge Harold P. Burke last week reserved decision on arguments of opposing counsel in connection with an infringement suit brought in N. Y. Federal court against the Havana-Madrid, N. Y. nitery, by Broadcast Music, Inc., and several of its affiliated pub- lishers. BMI, Edward B. Marks Music and Pe^r International charged the niiery had used eight of their Latino tunes in August, 1946, with- out a proper license.. An injunc- tion and damages of $250 for each infringement was sought. THE GREATEST WESTERN SONG Of AU TIME Bob Nolan's Immortal COOL WATER (25 Records Available) AMERICAN MUSIC, INC. Oaret Romero, Pror. Mgr. »10» Siintiet Blvrt. lS7fl Krauilnny llDll.viMioil 4tt, Val. N«w York. N. i. RETAIL DISK BEST SELLERS Survey of retail disk best sellers, based on reports ob- tained from leading stores in 12 cities, and showing com- parative sales ratingt for this ond last week. National Week Ending NOV. 6 This Last wk. wk. Artist, Label, Title DINAH SHORE (Columbia) FIVE TOP ALBUMS PREVIN PIAYS THE PIANO Andrfl Previn Victor SONG HITS 1917-43 Varied Artiito Decca 3 PROGRESSIVE JAZZ Album No. 2 Stan Kanton Capitol Al JOISON Album No. 3 Decca ciaMbake seven . Tommy Deraty Victor On the Upbeat (OlllyDilly) Santly-Joy, inc. 1619 Broadway, New York IWIHK ,nt\, V,n\. Pr»r. MKr. New York Benny Goodman named chair- man of the band committee of the March of Dimes.; , Count Basic into Frank Paldmbo's Click Club, Philadelphia, Dec. 13, for two weeks. . Illinois Jacquct set up music publishmg firm in N. Y. ■ called Gilbert Music Martin i Schnall named assistant manager i of Columbia's transcription depart-1 ment . Bay McKinley band into! Paramount theatre Jan. 5 Irving I Fields into Haleigh Room, Warwick I hotel, tonight (Wednesday). I Lesly Gray's Torch label cutting ofl "I ve Got a Right to Sing the Blues" • bought by Bullet . Marjorie Hy-' ams, vibraharpist formerly with Woody Herman, playing Broadwav i Hof brau... Alan McPaiee replaces Blue Barron at Tavem-on-Green > next week (17). , McGhee is now touring with Norman' Granz' .Tazz group . Henry Busse open.s at Bowery, De- troit, Nov. 22 for two weeks Chuck Foster staying at Roosevelt hotel, New Orleans, until Dec. 14 Joe Sanders' first stand after reorganizing new band will he two weeks at Trocadero Club. Hender- son, Ky. , Lenny Herman closes a six-week stay at Glass Hat, Con- gress hotel, with invite to i-elurn to spot in April. AFM Nixei Victor (hi Reconb for O. Assn.; Names Were Seii American rederation of Musi* clans refused pennission to KCA- Victor to make a pair of' record- ings to benefit Xbm National Tuber- culosis Foundation. Permission was applied for late last week and refused by the AFM Monday (8). Recordings were to be made yesterday (Tuesday) by Vaughn Monroe, Perry Como, Tommy Dor- sey, Ray McKinley, Fran Warren and Sammy Kwe, They, with the exception of Miss Warren, a new- comer to the Victor label, repre- sent the pick of Victor artists and, fortunately, all happen to be work- ing or resting in New York at the moment. All artists and personalities working on the job and the techni- cal staff involved in the cutting of the disks, waived salaries or royal- ties to do the sides. And'Victor ex- pected to have' the recordings on the market within 10 days or so to lie able to take advantage of the Xmas Seat sales season, which is an annual funds-gathering period for the Foundation. AFM's refusal Is said to have been on the basis of RCA's inabil- ity to promise that distributors and dealers In disks woit,ld contribute their profits. This RCA couldn't and wouldn't promise. RapVs.BMIoDSIiarii^ Of Coin Dismissed in N.Y. A charge that Broadcast Music, Inc., collected money from hotels and various places of amusement other than radio without sharing ■ the revenue with certain of ils member publishers was dismissed last week in'N. Y. supreme court by Justice Samuel Hofstadtci-. Court held that the present com- plaint does not state a representa- tive cause of action. However, .fustice Ilofstadter granted Pen-y Alexander, Crest- wood Music, Shermack Music and Mello Music, who are suing on bo- half of themselves and others, 20 days to serve an amendtid com- plaint. In tossing out the original protest the court ruled that "while the affidavits indicate that the plaintiffs' grievance seems to be, in part at least, unfair apportion-' nient of the defendant's revenues, the 1 complaint contains no ap- propriate substantiating allega- tions.". m SOMETHING SWEET TO YOUR SWEETHEART mtmnUmm Milts M If s i r Chicago Fred Waring slated for three- day appearance at Northwestern Universify, Nov. 29, 30 and Dec. 1 . Robert E. Lederer, architect, huddled with Ernie Byfield in re- doing College Inn of Hotel Sher- man, which opened Fri. (5) Art Mooney goes into the Grand the- atre, Evansville, Ind., Nov. 10 for one week . Bernie Cummins set for Bismarck hotel's Walnut Room, Nov. 17 for 4 weeks. : Benny Stronx off on one-nighters Nov, 18, after close of long stay at Stevens hotel .. . Howard McGliee and his six-piece bebop combo pacted an exclusive with MCA last week. Hollywood Tex Williams' oatune troupe will one-night at Barstow (11) at $1,000 guarantee against 809o of gross ; Hal Howard^ booker in local MCA office, to Minnesota to tour 1 with Horace Heidt, as agency rep I on expedition.. . . Andy Kirk band I m irom east to open four-frame stand at Club Congo downtown at I $2,500 per week Ina Bay Hut- ! ton arrived, from N.Y. to re-form 115-man orch here. After some up- I State one-niters, band will start I four-week date at Last Frontier I Las Vegas, Dec. 31, at $3,500 per I stanza Page Cavanaugh Trio set by General Artists lor string of I seven one-niters through Wiscon- , sin, Illinois, Indiana and Ohio iD'Varga inked into Vivian Laird's for four weeks with four-stanza option.. Latin-Airs open Cinegrill this week tor four-week stay Desi Amaz will one-n|te at Casino Gardens Nov. 13; at Pacific Square, San Diego (20) . . . Leighton No- ble orch opens indefinite s{and at I Biltmore hotel, N.Y., Nov. 15 . Westlake College orch of Los Ah- i geles, headed by Jack Stearns, I doing a series of shows for vet hos- Ipitals in this area. The 32-piece I band is composed of vets studying ^ under the GX Bill of Bights. ! Pittsburgh 1 Stan Bailey Trio, after long run at Hollywood Show Bar, into Club Cavalier . Horace Heidt band I plays one-nighter at Syria Mosque Thanksgiving Night .Ciro Rimac, I booked into Johnny Brown's Club for three weeks, will stav there in- definitely Tommy Turk has left Deuces Wild at Carnival Lounge" for three weeks to go on tour with Norman Granz' "Jazz at the Phil- harmonic" unit . Norma Kin^, ex- band singer, into Seventh Avenue Hotel Lounge for a run . Johnny Costa, pianist at Mercur's Music Bar, has a trio there how. Other members are Joe Negri on guitar and Cliff Hills on bass. They alter- nate with the Billy Vates foursome Wo5"^'S Webb, organist, and Weela Gallez, song stylist, into the Colonial . Pianist Eddie Heywood into the Carnival for a week ■ Baron Elliott's band hss returned to staff dutieij on Station WCAE after layoff of several months,..: ?1H w •i.?'"^f'^^'*« rejoined her Jr and his orch at i-itth Avenue Cafe... Frank Vankovich outfit into Club Copa along with singer Peggy Lloyd. Johnny Costa, pianist-accordionist at Mercur's Music Bar.is studying at hul^^'f ^^^h S*^"""! »f Music for iiL"?®f^C®.'*<'Sree.. Barry Lane eS^age"me»t '""^^^^ TONY PASTOR "YOU STARTED SOMETHING" ■/ . with ,■ ROSEMARY CLOONEY POLUMllA RECOltD 3a2f7 PLEASE HELP US Qvr daddy, N«rman, h«- b«*n writing MRgt f»r 17. yean, cind w» think hii tons* g't fh* b*>t in th« world, but ht tayi h* don't know th* "fight pco- pl»" to thow hit tengt to. Wt tell him that wo or* th* "right ptople," but ho toy* for us to wait till w* flrow MP* : thbn wa'll undorttand. Won't •omoono ploato holp ui find thi "right poopU" to holp biir daddy? Ronni and Joan Temple 1133 S. Laewn* Boalcvard Ui AaqelM «, Calif. THIS IS THE MOMENT (from "r/iot loily (n.'fnninoVi fWord«d:Bnd ttattifd by 3 JAM UOWH io„don 1 l*nr CLINTON 0.e» ! TONY MMTIN v.cfor t CEOIIGI MXTON........,...„......A<,G.M C DINAH JHOkt ;.............C*l<<r>.J>.'ci I |; JO ITAFFORD Copilo/ I Mi'.liP VU .'C CCRP"R4T|0N