Variety (Dec 1948)

Weftnesday, Pecemlier 22, 194S om:HESTnAS.:«iL'Si€ 37 PUBS PROD INDIES FOR PAYOFF All Major Transcription Rrms Sp Contracts With Musicians' niu Torlnratirin. ■ nf">-Musi--*.!— -r—^ — - ' . — - — .. . : v i American Federation of Musi cians concluded contracts with all of the major transcription compa- nies Monday (20) afternoon,' less than a week after the disk ban had been lifted with the signing of five-year deals with all of the major and some of the minor re- cording manufacturers. Agreements with the transcribers are identical to those with the pop and classical recorders, calling for the signatur- ing of tlie employment contract and. the pact obligating tliem to pay to Samuel R. Rosenbaum, record fund trustee, royalties on disk sales. ■ Transcription signing With the union included Lang-Worth, Muzak, NBC, WOR Program Service,! World Broadcasting, Ziv, Empire and Capitol Records' transcription branch, along with Radio Features and Towers of London, Ltd. No sooner wore the pacts signed than work was"begun. • Durmg the week,, the AFM raised to 15 .the total number of . major and minor pop recorders in the fold. Dial Records, Blue Note, Cleff, and General Publicity Serv- ice, a recording name strange even i to the union, signed contracts.' These were added to; RCA-Victor, i Columbia, Decca, Capitol, Mercury,-! Dana, DeLuxe, King, M-G-M, Na-j ■ tionali Rainbow 'and Seva. There I are dozens, more to go but thej Starr Paces Pub Action to Stifle Factionalism on Copyright Situation Reg Connelly .q London, muiie .publisher .who ihould .know about those things de- tails howi despite Pelrillo, BBC, and other testrietlons, .' International Song Hits come through. an analytical :piece, "This Surprising Song • Business" * * * an interesting feature in 4:id Atmiversiiry !\iimber ■ Due Soon . Lombardo Disks For Decca Under Provisional Basis ■ without trouble;. Guy Lombardo resumed record- ing for Decca Records in New AFM IS confident they'll come in I York yesterday (Tuesday), Date . I does: .not mean that Lombardo has J renewed his expired contract, with 1 the label. Iti does, however,: indl-:; j cate the temper of Lomja^rdft's as- jsociatipn \vith the label/jiftd. jsick ,| Kapp,'-its,;;pfez;^/':','•;'■'■''.''■:' '■. j All during the recent a period, when Lombardo was mulling a I deal ;thaf , Lifting of the disk ban had an effect late last week on the at- titude of many major publishers t o w a 1 d independent recording firms. Where once the pubs were, all in favor ol stringing along with ' financially-prcs.<-cd indies that were ' late or iaiJed entirely to pay roy-1 alty statements, a number are now' subscribing to the idea that they want to get paid with coin not ex- cuses And they're not going to '..stand, for delays.- , . ■ : This stance is due mostly to those realizing that loda.\'s record sales market is narrowed to the point where only a few good re- cordings—and .some pubs say only one—are necessary to the success ' of a .sons. They don't need numer-' ous diskings of a particular tune As a matter ot tact some pubs feel |thjl f\crv time an indie delavs ! paying lovaltios, and sells a re- , cording ol one of their tunes, he's ' actually taking coin from their pockets. It's felt that evefy such sale by an indie means one' less by a maior of that same tune, and the nia.iors always pay off Even if an indie eventually does pay up; he's had the pubs' money long enoligh to put it to work for him. which the pubs can do for themselves if paid on time,.. John Firman {Managing Director, B. Feldman & Co., Ltd.) , ■■ • . accents "British Music Biz on Even Keel Despite Varied Disturbances" .: one of the many features - in the 43d Aniiiv^'rsary Number of Otil Soon 'Hall of Jazz Talked for N.Y. By Kenton, Blair Christmas Disk Sales Way Oif T, ,• « • ^ * ■ • Wmanin nf^hi M f u ""Ore Selective over new material Recording industry isn't experi-, kingpin of the Musicraft scene, ,han they have in the past That encing anywhere near the sales an- Lom^^ Y ticipated for its Xmas material, position with Kapp. Lombardo ,„ ^^^^^^^^ g^^,.,^ Stan Kenton has had? severai . , , talks with Nicky Blair, operator of there is a group of pubs who the Carnival ballroom. New York State that if it's not possible to about turning the spot into a "Hall control the indies' use of their pf Jazz;. Blair is interested in the .songs, thcv will force them to pay idea for his spot, which debuted a royalties m lull and on time. One straight ballroom poliqv about two way IS to demand sales statements months ago in place of the former every 30 days instead of quarterly, nightclub plan which can be done under the law. : v,,^ ♦.,iii„ , -n «i • • An angle that may tend to de-l,,'^,:^"'°"-'' t''"*^ ^^'"^ J*'^"' feat this attitude by the pubs, Xll " however, lies in the determination „„j.„,i' by the major diskers to be much ■ Execs of the American Society of . Composers, Authors and Pub- lishers are trying to eliminate some, of the confusing angles of the re^. suit of the Independent Theatre Owners Assn. suit against the So-/ eiety, by erasing arguments within the org<mi/.ation. Herman Starr, one of the most powerlui members of the Societ.v's board, backed by other prominent publishers, is striving to induce writers and pub- lishers who are squabbling over,' who might be the "copyright own- er" in (he light of perlormance rights, to withdraw iiUervention, applications in the ca.se, now on appeal:. ;'■'■ . In: his original decision, N.i Y. Federal court .Judge Vincent :L. . Leibell said that ASCAP must di- vest il.self of performance rights in so lar as theatre exhibition is con- cerned and. that these rights should be returned to the copyright, own-- crS. At this point, the writers, apparently fearing that publishers : might take advantage of the sit- uation to the writer's disadvantage,. applied through composer Milton Ager and attorney John Schulinan to intervene to have writers de- clared the copyright : ovvne.rs,- or have ASCAP retain ' the rights. Chappell, on the other band, went. into the' case on behalf, of publish- ers, its attorneys filing an inler- .tContinued< on page 39) execs of General Artists Kenton's agency, partici- conform with the ideas he expressed several weeks ago. At that time Kenton. announced that he was temporarily disbanding his orchestra. He explained that there ; jjjg Parade Starts In Artist Disk Shifts means of erasing the bad taste of i^'i* Ch^"^'er bankruptcy act two the spring and summer slump. | weeks ago partially because of the I Many record men feel that the i'^"'"P/'"^'* tremendous amount of Xmas and , ""f^stro and his brothers to shift kiddie material dumped on the '°^^'.' market this yeat has & lot to do ' Situation lias not impaired Lom- with the situation. All majors and bardo's Decca relations. Kapp as- dozens of minors have gotten into , serledly has told Lombardo that if Sue on 'Hills' Disk ing to sell- such bands into regular I dance jobs, ' He pointed out that though there are operations that i exist on jazz bands similar to his, Los Angeles, Dec. 2L Woody Herman's, Gharlie Bamet's. Charging copyright infringe- et al., all w'ere small, basement nient on the waxing of "Oklahoma spots. It was his idea that. places Hills," Capitol Songs, Inc., filed I could be developed in which jazz the kiddie field on the'basis" of ^^''^^^ manages to devise suit in L. A. Federal court asking bands would work concert style last year's tremendous upsurge in ! such an, arrangement; which would 12c lor each of 250;00Q recordings I Blair started his Carnival on a sales ot that nature. - : j stand up before U, S. tax men. of the tune made by Four Star | six-nights weekly straight-dance Deeca might consider giving him : Records. , ; ' ] policy, with name bands. He cur- SHEP FIELDS RETURNS TO MCA IN 3 YR. DEAL Shep Fields returned to Mu.sic' Lorp of America last week afier an absence of more than a year. iWaestro signed a three-year deal with the agency effective imme- diately. He had been with General Artists Corp. and was on the verge of moving to William xMorris be- fore rejoining MCA. Fields' return to MCA marks an- other well-known name who broke away from that outfit after a good many years, but only to return eventually. Benny Goodman went m1 8 couple months 5 ago, and the same thing. wffh li*^^?'^'"' has been arguing J^'th ^ICA about a release, claim- ing ihe agency has not lived up to guarantees in his new agreement. Dean Martin to Get Cap Buildup as Solo Singer . Hollywood, Dec. 21. Capitol, which inked Dean Mar- un and Jerry Lewis, nitery comics, xtA-^*" win begin to build rnl, He'll be given backing" * ihf^c"" "raises his wax bow in "lis held partnered with Peggy niV "You Was," and waxery (in^ P"'"^ »8ain until Mar- na.s attained sufficient stature ',*'"gle. Heretofore, Miss Lee iids been Cap's top-selling thrush *"« has always soloed. the terms. Lombardo's Decca con-^ i Suit named William-, A. tract expired last November. as head of th« waxery. Start of expected shifts of artists on major recording labels occurred late last week, a few days, after the lifting of the disk ban. Colum- began the pa- nhill. Woody Calloway and Tom- arrive at Cor lumbia renewals: ThornhiU signed with Victor; Herman is expected to go to Capitol. Plans of any of the last three named are not yet known, except-: ing Tucker's. He's been out of the band business for rabout a year, operating an electrical appliance store he .set up in Asbury Park, N. .1. Thornhill's signing with Victor matched movements by the M-G-M label, wtiich snapped up Bill Law- McCall 1 tailed his operation to, weekends 10 rence, young singetion Arthur God- days ago, using non-name music. OUT SOON! The 43rd Anniversary Number OF Foims closing shortly Usual Advertising rotes prevail Special exploitation advantages Cop/ and space reservations may be sent to: any Variety office NEW YORK If 154 W. 4«th St. HOLLYWOOD 28 6311 Yucca St. CHICAGO 1 360 N. Miehiqan Av«. LONDON, W. C. 2 • St. Martin's Place Trafalgar Sqiiara ITTtT' frey's a.m. Chesterfield broadcasts, who originally was talking contract with Victor, too.' CAPITOL SONGS SELLS lANANA' BRIT. RIGHTS Mickey Goldsen's Capitol Songs has sold the English publication rights to lis "Manana" hit to Camp- bell-Connelly, London., Firm vvill start work on the tune immediate^ ly in England and South Africa, having paid a substantial advance for it due to the release in Eng-: land of Peggy Lee's recording, which pushed the tune into the: hit -class in the U. S. last January. At the time "Manana'' was a .hit here, Goldsen , refused to sell the English rights because (1) bids for it weren't high enough and (2) Cap- itol Records had no iE^nglish dis- tribution. But Cap made a deal .some months ago with . Br!ti.sh ■ Deccu;. . ■ Paxton May Pass As Maestro for Music Pub George Paxton, -maestro now conducting his band at the Capitol theatre. New York, is going into , the music publishing business as an adjunct to bandleadingi , He^ may forego leading entirely in fa- vor of publishing Leader, has set up the Paxton , Music Co. and will get going,with it as soon as the Cap date is over. He'll temporarily headquarter in N.Y. at Tommy Valando's Laurel Music.