Variety (Nov 1948)

;W«idiieedayt November 17, 1948 Olll:»UBS11|AjMWIJSI€^ 4S Diskers Will Have to Behave, or Else, AFM Warns on Torgiven Royalties There is a catch to the apparent-f •Idetracking by the American ■Federation of Musicians to its de- mands that recording companies nav in full the royalty coin that might have accrued to the union Ijetwecn Jan, 1, when the disk b&n began, and Sept. 30 last. Whereas both the recording companies and the AFM have cited the latter's willingness to forgive the retro- active sums from each company, as a means of breaking up the impasse over that issue, the agree- ment actually arrived at between the two factions-is not quite so Biirtple. The coin is not fully for- given. . • Actually, the union agreed to ■ waive its demands as a means of arriving at the settlement plans that are now in Washington for official perusal. But the union hasn't fully forgotten. It is hold- ing its demand for the retroactive royalties above the heads of record- ing manufacturers to keep them In line in the light of future gov- - ernmental moves regarding the Taft-Hartley Law. In other words, so long as in- dividual recorders behave them- selves and pay to the AFM the royalty monies from Sept; 30 on, the union will forget about the retroactive money. The minute one decides to step out of line, tries to abrogate the five-year deal, or otherwise kicks over the traces, the AFM will demand the full retroactive money to Jan* 1 last* or, else. Exchange Due On French^U. S. Royalty Coin Exchange of accrued perform- ance royalties pyramided here by the American Society of Com- posers, Authors and Publishers for the French performance rights society (SACEM), and coin piled up by France for ASCAP, may be efEected around the end of this month or early in December^ U. S. Alien Property Custodian, whicli holds some $463,000 in French money filed with it by ASCAP for transfer., assertedly has - com^ pleted the work necessary to the switch. Sum due ASCAP from the use of its music in Prance ;is undisclosed, but it's said to be considerable. ASCAP has sought to expedite the exchange of the coin for ;eight i m ,r' „ lUI „^L__i. A weeks or more, as a means of aid- I tlOtning IVlerCliani ASKS 250G Damages, Charges Page Cavanaugh In Dispute With Cafe Op Minneapolis. Nov, 16. Charging that George Van Allen, owner of the Dame cafe, slapped him iiiiA used abusive language during a dispute which arose after he arrived late at the nitery, Page Cavanaugh lodged a complaint with Stan Ballard, business agent of local musician's union. 'Page Cavanaugh just, concluded ;repeat engagement at Dome. Cavanaugh told Ballard that de- lay in reaching nitery was due to sudden illness of wife of one of trio's members. Van Allen charg-^ ed that Cavanaugh had been tardy frequenUy and that, after latter was. taken to task^ the act "laid down on job." ■:DMiying that. Cavanaugh was struck. Van Allen says. act will never play spot again. Cavanaugh informed Ballard he wasn't interested in any action being taken by the union,:and Van Allen said, he wouldn't .file formal complaint against performers.< . Joe Browning givei Q Stage Doorman's Dream of Heaven'* ill lh« upeominq 43d Anniversary dumber of Racks Off Only I Since '47 Annual president's report to the Music Publishers Protective Assn. members yesterday : (Tuesday) in New York pointed up an unusual circumstance surrounding the music dispensed by 30,000 racks spotted all; over the country. While the general sale of music is cur- rently 40% to 50% below the fig- ures of the pa.st year to 18 months, net sales of the racks dropped only 4>/4% since October, 1947. These racks are operated by the ASCAP Appeals ITOA Case; Loses Interim Stay Bid American Society of Composers, Authors and Publishers' drew an- other rebuff yesterday (Tuesday) •in its case vs. the Independent Theatres Owners; of America, when an application for a two- week interim stay of Judge Vin- cent Li. .Leibell's decision was de- nied in chambers by Circuit Judge Augustus N. Hand (See Pictures section). ASCAP had asked for the stay pending the convening of U. S. Circuit Court term, Nov. 29, to which the Society has made an appeal from the Judge Leibell de- cision. The appeal was filed Mon- day (15). That the Society's legal- Ites, headed by ex-Secretary of War Robert W. Patterson, would move against the decision was a foregone; conclusion. Its ramifica- tions place the Society in a bad spot. It is not the granlinfi of relief to the theatremen that bodes ill for ASCAP. It is the wordage of Leibell's Morris Office Giving Up Bands?; Talk Dept. as Indie Operation AFM Tells Morris, GAC To Untangle Cajmpo Tiff American Federation of Musi- cians has advised General Artists Corp. and the William Morris agency to straighten out their ar- gument over commissions from Pupi Canipo's Embassy Qub, New York, booking. In the event the agencies themselves fail to iron out thft difficulties, the AFM will take ^ a hand. Union as a rule doesn't; like to become involved in disputes, between agents. Friction between the two is due to GAC's claim that it booked Campo into the Embassy for two weeks. During the initial run he signed a contract with the Morris agency. Subsequently, Campo's run was extended at the spot and Mor- ris began collecting commissions for it beyond the first two weeks, GAC says it is entitled to all the commissions from- the booking, no ■♦• William Morris agency's band di- vision is boiling at the moment and in- all probability some moves affecting its future will be made shortly. Morris head Abe Lastfo- gel and the band men themselves are: so far vague as to their intenr . tions, but the events that have oc- ' curred so far stirred rumors late last week and over , the weekend to , the effect that the agency was giv- ing up its band operation,' ;whichi' since its inauguration some years: ago, has been a second cousin to its ' radio, films, and -• nitery depart- While :Morris Vmeh haVp beeii ■ vague ■abbuit ;the.band dePSrtTO^h^^^ • fujture, thi?re hfe been .M cussion among; .theni' over a plan under which Cress Courtney and Phil Brown, who riin it, woUld take, over ';?nd ' operate indepen^ehtly. This idea was broached Orice.: be- fore, when WillaFd'Alejcari^ preparing ' to leave the/ agendy ,td set up his 'ovvij outfit, a near fulfillment. Lastfogel began the entire affair ■ by remarking recently on the Coast . matter how long the date runs and , that in his opinion the band busl- virhat agency Campo is signed with, ness was a decadent sideline to agency operation and would never iigaih attain;.th6 promihehc^. it; d|«l before thie war* . , ■, All other agenelesjsjusic Corp. ot AnieriCa; Gefleral Aftiltsi;; Associ-' ated . BookiAg, et al, are 'ivi^are ojf what's going bh witjiin /Morris and ; are watching the situiition carefully as to its pbssibie; effect on iheiii because of the aVj|ilabllity of cer- tain: ban^.M0rriS:bbokk, etc. :: ' ;•. >■ Whilie:: the, f iiimprs ■ hay going oh, Mtirris \ has .beeiti negotir ' jatihg :'tb ^present ^artisits. ; Shep; Fields' contract With G^n^ral; Art- ists expires pec. 18 and he has just about completed arrangentents .to move over to the Mcirris banner as of that date. . . Leeds Maps 2d British Pub. Co. London, Nov. 16. Leeds IMiisic is planning to open a second music publishing hduse here as of next January, when Lou Levyi its head, makes, a second trip to England. New firm will pub- lish only standard ;;and classical material held by the Leeds outfit in New York, including the Rus- sian materiat in its Am-Rus cata- and will leave the marketing opinions, which cite the 1 i ineseracKS are operaieaoy me Society ^ ^ , . International News Dealers and i ,yi^^j ^^^^^^ ^he organiza- PoP i^^ ^e^^*- '"PfHfr^,.''^ ^^""^°*''A^ol,f!ir':^' "on will be forced to turn its guris. established in London via an ar- with Walter Douglas MPPA-Chair- It jets a dangerous time-bomb ^fngement with Peter Maurice man, cooperating with MDS on the j against the entire structure of the ' ^'''^ P^*^*- °^ ^ reciprocal music; selected.: for sale on, the racks. All told, the period from Oct. 1, '47, to Oct: 1, '48, turned up a net sale of 4,961,600 copies of music, compared with the 5^195,200 copies dispcn.sed during the year from October, 1946, to October, 1947. Those figures are net, after the deduction of returns. Asade from the rack sale report, the MPPA" annual accounting to members of its activities during the year was a routine reading. Lester Santl.v, of Santly-Joy, Is MPPA president. Society; leaves it wide open similar suits such as that instigated by the theatre; operators, and posing '; a;; foreboding; effect on ASCAP's operations in other fields. Particularly television, which in many ways; is expected tO' be so much akin, in years to come, to theatre exhibition. ASCAP execs assert that Patter- .son. who has been entrusted with the sole decision as to ASCAP's future course; has not yet evalu- ated the entire situation and has not decided what will or should, be , — .-r- done beyond the appeal. There has music, been almost constant whisperings to I agreement via which Leeds oper- l ates a Maurice firm in N; Y. Groundwork for the new opera- tion was laid by George Levy, treasurer of Leeds here and broth- er of Lou Levy, who just returned from three weeks here and on the Continent. And the opening of the operation is predicated on the; con- stantly increasing interest in Eng- land, Ireland, France' and other Continental countries • in U, S. music of all styles. Leeds' N. Y,. of an intention to seek a better, _ , .... Government decree (ASCAP al- Kairnsinlfe WiniPrnff ready operates under such . an' MlllCtUJI <i o n I> T»* 1 i" I agreement with Washington) which Joe & I aUl lllStOrtlOn ' would remove the Society from the ... I sting of such legal firing as; the Not only ha.s his reputation as a ^.^^^^ vhere's a .reluc- Ing the French organization and Its . members, and also because it Is said the exchange will be made on the basis of the pre-devalua- tion rate of the French franc. If r this is worked out as expected, the I . . . n.^^ y.^.^^. « difference between the old and | clothing merchant ; been harmed, j j^jj^g among Society men to place new rates of "exchange would ap-1 but his good name likewise has ^^^^ organization under complete proximate $100,000. ;lhppn ihiured. Paul Kofsky is! ... - Before allowing the shift, the Alien Property Custodian had to certify the deal; this involved the searching out of any claims against the French sociely from U. S. sources, plus the securing of evidence from the French or- ganization that none of. the coin accruing to it from ASCAP would • go to ' anyone accused of col- laborating with the Nazis. Transcribers In ifo\«s^^^ft^ Free-Music Snag ;Trahsci'iptibn ■ cpinpanies ; flbw planhing new musical: shows: to be. niade when the disk ban is,; lifted, are btening thenaselves out trying to set up musical formulas that Won't conflict . with and be obviated by; the trfemehdous amount of free music available to broadcasters v,ia Arms hold a considerable amount! pop music disks and disk ; jockeys.' of standard pop and orchestra Even since the disk ban went into effect last Jan. l.the impact of the disk jock arid his freely available repertoire ;has made a vastly heay- ietv impression . bn ; prograiriming schedules; And' in prdeMo bt able I to retain accpitnt^; tMnscribers : must go beyond the limit, of the For Music on Video i " Some transcription firms have Set New Publishing Co. Hollywood, Nov. 16. Jerry Fairbanks and Nat Wine- broiight in T^r Y, Sti against Apollo . Records, ApoUo Record Manufacturiifg Co., Murray and Eddie Barton ind Apollo prez Herman Siegel. Specifically, kofsky says> he's highly annoyed with the Barton Bros., who al- legedly corrupted his tune, "Joe arid Paul," with obscene and sug- gestive matter on a platter rfir leased by .A,polio. '■, ;. - Claiming he wrote the lyrics to "Joe and Paul," Kofsky is seeking the .2,')0G balm inasmuch as that's what he says he shelled out to the ^.t)ue to the mixup caused by the ' "etworks J«^|^nt's' disk ban and the general confusion Jons to adveitise his business over release dates, there hasn't through ^^3^,"/.-atg^*"^^ the complaint, when along canie been injured, Paul ..Kpfsky iv charging in a $250,000 damage suit' ^^^^ ^e done, however, if 1 coff have set up a new mu.sic pub ASGAP, which serves a definite and needed purpose not only to composers and publishers, but also to the '; users of their; material,' is to continue in existence, i 1' MELLIN SUING INDIE FOR JUMPING RELEASE been many objections to the actiors . Of recording companies in jumping the gun on the marketing of recordings. Last week, however, attorneys for the Metrotone label. " N.Y. indie, were served with papers by Bobby Mellin's Robert Music, which cited an intention to prosecute Metrotone "to the full . extent of; the law" for releasing recordings of "Don't Hang Around" and "Park Your Pistols At the Box- office" prior to Jan, 1, the claimed release date. Metrotone asserts its license, issued by Mellin, does not provide tor a release date and that it felt tree to market the disputed record- ings any time it wished. They were issued about 10 days ago in N. Y. the Barton Bros, in 1946 and propositioned him for permission FRED ROBBINS TAKES FLYER INTO NITERY Fred Robbins. WOV, New York, disk jockey; who last year par- ticipated with. Ernie Anderson in the promotion of jazz and pop band concerts at Carnegie Hall and Town Hall, N, Y.. takes a flyer into the nitery field next month. He'll- have an interest in the switchover of the Ebony Club from a straight nitery policy to a bop-music idea; Spot opens Dec plans; other aren't yet certain of the path they will take. Much of the material that has and is Stijl; being cut in foreign countries by representatives of U. S. tran- scribers, ' as a means of beating the ban, will take on different meaning than that which originally I caused it to be made. It' will pre- Fairbanks Music Publishing Co.,, sent new flavor and new color to will be headed by Winecoff, for-; the transcribed-subscriber which mer Coast rep of Southern Music I cannot be obtained through the and music exec at Paramount slu-. disk jockey and his wide U. S. pop lishing firm in order to duck re- strictions set up by James C. Pe- trillo, ASCAP and BMI on use of tunes in television. Firm, Jerry fo'iTse the 'theme on a record for ] 1 under the title Freddie Robbins' charitable purposes. Me ac-1 Clique Club. oufesced Actually, the clique is to be However Kofskv charges, the I opened by Irving Alexander and Bartons instead 'of performing' Sammy Kaye, former^ owners of "J & p" strictly as agreed,; al-;i the Three sources. One: or two of the transcription' companieii,. notably ;Ziv, have been polling subscribers on the types of music and methods of presentation that will be more desirable and more valuable to them when the ban is lifted and fresh pop record- tered the words and turned it Over , nccted Deuces; and onee cori: with .')2d street's Famous to Apollo, in his action he also ; Door And the idea of switching Hiiims fraud copvright infringe-1 to a bop policy is to gather some menT destruction of copyright and ; of the coin and glory being reaped Ubel On the other hand, Apollo by the Roya Roost, a few blocks: answered the suit ^^ith the allega-' down Broadway, ' " - tion that Kofsky is not a real party to the action and filed a cross claim against the Bartons, charg- ing them with breach 01 warranty. v.'hich IS nO' known as N. Y.'s Metropolitan "Bopera" Hotjse. Sarah Vaughan is so far set to work the spdl; others are still to be booked. dios. Tune firm will be a subsidiary of Jerry Fairbanks, Inci Decision to form it was prompted by lack of properties now available for TV and fact that few tunes are li- censed for more than 30 days, Fairbanks explained. The 30-day.. . . , „ ., ui limit plays havoc with live shows \ '"8S become available kinescoped in N. Y. and ■ telensed, here, because film has to be. shown before the end of that period and then destroyed, according to the Petrillo. ruling. Tunes will be ' acquired from songsmiths developed by Winecoff and not affiliated with any of the performing Tights ■ societies. ; Vet music man sees in TV the best means yet evolved to plug songs tOCAL 802, PUBS SET $10 RAISE, 2-YR. PACT ;-;Ne;w. ■■' Y^ork.; :■fcocal;^.:.862, .'bl-;, th* American /Fedieratlbn Of iMaslcians signed a new. t^ivo-y?ar contract la Week; with miisic publisherSj cover- ing pianists, copyists,; arrarigers and proofreaders. Deal calls for Inasmuch as more control can be j a flat $10 a week raise for men exercised on telefilms in which a jon weekly salary and no increases publisher has an interest thau' any iij: piecework scales. Pact is retro^! other medium. ; active to Oct. 1 last and runs until Fairbanks and Winecoff expect; October, 1950, to have the new firm in full oper-j Elliot Shapiro, of Shapiro-Bern- atioh shortly after the first of the j stein, again Chairmanned the music; '.j/Bifuc. . 1 publishers' negotiating,committer.