Variety (Dec 1948)

tl''etliiCB«lay» Dcccmher 29, 1948 OnCHESTBAS-MUSIC 39 RCA'S 'RUSH ACr ON DISKING Berlin, Schirmer, Bourne Give ASCAP QI|{[[|S BIDETIE^ngwriters Jolt Pubs by Requesting Right to Rep Them in Tele Pact Talk ||| p()Sj-gU| pyglji 'Proprietary Interest' in Copyrights Bert Lown Muzak V.P. Ameticah' Society of eomposers Authors, and Publishois has re-1 « , , „ „ None of the recoraing companies ceived agreements giv'-'g >t tele-j LqWD MUZaK V.P. .has gone heaMlv to, cutting ot i vision pe.formance rights to songs, . , „ , '\ post-ban disks so K,r excepting owned by Irving Berlins music Bc>it Lown longtime bandleader, HCA-Victoi As a matter ol f.ict publishing company Gus Schirny 1^1"^%"^ ^^X^'^^^''^^'"tT^ life signing of tile new con: and Saul Bourne, three ol six im- CoiP by picxj' Hairy E Houghton American Fedeia- poi'tant firms that have delayed ^'"7' ^'f '/".V"" t'O" of Musicians was completed ghlng the Society the ngh to rep- lelat.ons he^^^ ot Associated Pro- ^^^^^s .go and then desired | resent them in lontrac talks with gi^m beiviee a Aluz.ik subsid publicity wa« gained on the basis' tele people Onlv the Loew s-| Although handed a new title, ot "fiist date ' pictures jind stories. ' owned Big 3 'Kobbins Feist Mil- Lown will continue to direct sla- most ot the companies settled ]er) and Peer-International are un- ti6n relations with moie than 5t)0 down to a very quiet waxmg signed Edwin II i Buddy) Morris, 'Station subsciibers to Associated's gioove is. too, but he has said that an okay litoraiy will be torthconiing Pacts are for two years, expiring Dec 31, 19'50 Meanwhile, ASCAP is piocoeding toward eventually establishmg a rate structure, for tclo, which has ; been u'-ing the Sociel\ s copviight- | ed music on a $1 experimental li-; cense which expires Maith 1 Tele j bioadcasters in \ Y h.ue supplied Victor, of course, started out likfe: the'bart wa.s |)ei,ng'lifted bfily, tor a month anci Hum was to dose down again:' It - ha.s' so far gone , Dirough ,.iust about every major j artist on ;, it.s, roster.; and some. Perry Comb tor example, 'have,' , done more than brie date. Como. Tommy IJorscy. Samuiy Kaye. Vaughn '.Monroe., Freddy , Martin. the Society with samples of a Tonv Martin Spike Jones. Rose week's progiams tor analytical BiPv Shnvv has arrived at a deal ■\Uiiph\ Fran Waiien, Dennis Day Gale Buying Out Billy Shaw Slice Straight Answer Dave Kapp auditioned a girl singer looking for a Decca Records contract Femme gave the pianist a copy of an 'Em- bi.K cable You" arrangement, and instructed the musician to si.iit with the second chorus Kapp asked, "Why not the fiv^t chorus?" The femme. Clacked "Oh, in the first chot- us ( only sing straight melody —no ti icks " Earl Bailey May Quit Booking Biz > Songw 1 Iters jolted music pub- lishers last week by requesting that tliev be gwen a "proprielarv interest in the basic copyrights of; sonps. This request came up at a ineiting in Kcw York between a gioup ot top tunesmiths and pub- , lishei s over the intervention by writii Milton ■\goi representing sonewiiters ,nid C'li.ippell & Co, ' repics'ntmg Duulislieis. in the In- depen(i('nt Th'Mtie Owners Assn. case \s the Ameiican Societ\ of Composers ^utllOls and Publish- ei- ,:■ Not tdo inucli is known about the, details of the meeting, which, in- (ulenta'h was adjourned until to- moirow iThuisdav) without any conclusions liaving been reached. ■ It was called by Herman Starr; licad ol the Warner- Bros, music ' group. '.II try to induce the writers , to „w i I hdra w 1 heir intervention .ip- Ea.-I Bailevi ,a Music Corp. ;of^iJiieiitibn in the ITOA,case on the . ,. , . . , ,. .-AnWricarV-.p:. fof-a-tocrmWr ot-yeaP8.'-RrouBcls-!..tb«t-.t4»e.mO:V.e. .\v»s..rwn-'. study to determine how much tele whereby the Gale agency will hiiv ^t al a'i have been recorded on .uid one ot its oldest employees m oiis to \SCAP as a whole because usage ol its so.igs ma\ co.ne under nut Shaw s i itfiosf in the ofHce in>th material, and in many cases point ot si i \u e may quit the book- it contused the issue Chappell tlie heading ot geneial oi blanket XL'icmenl icached the point dur- pressings aie already on sale. And ing business Bailey is now on his would withdraw automaticaih in licensing 'and how much under int' the p.ist week whcie a hand- Victor is (ontmuing the pace. Columbus O farm for a long rest thai event since it intcivcned onlv dramatic licensing. Mhi( !i must, be >-li--'kc scaled; it all. and sirir.ina of ,Co)umbi;i h;.s so far done only He nia.v return to .MCA in a month because the writers did so. willi a bought ut extra cost diiectlv fioni ih" papeis is due to occur 11'cr six dates thiee on the Coast with oi so depending on how he leels, pica that their faction be named the iniblisher and wnlei ol a song this week And Shaw v\ill go into Frank Sinatra Buddy Clark-Dons but a clc.iii split is due the '•cop>nght owner" in so tai as Video people have not made buMuess lor himself Dav and throe in New York, with B.iilej h<,s been wanting "to get Hio-'De performance rights aie and one-thud slock- \ilhur Godlie.v, a kiddie pauing, out'ol booking tor some time lie's cont'cined. N Y Federal Couit ■■ --' ■'" ■ • ->— " , „, liidge Vincent L. Leibell. who ne- mueh headway with, another ot Shaiv a their song-nghts piohkms, that ot holder in G''e <:ince he moved .ind one to .icld music to lyiics done apaitKipant ol course, in MCA s kine.scoping. Whereas, the lour , (here several rears ago from the m Hollywoocl by Clark-Day N V network originating stations William Worus agcncv is to re- ''O ^^v has done new asked publishers a lew weeks ago reive an undisclosed sum ot money 'hP AncUews Sisteis, ^^'"'"-v mcnt age If MCA were to pa\ to give them liee Isinescoping for h's piece, and the onlv pioviso bardo Mills Bros and Bull Ives, \ „u rights for an unlimited pei-ipd, c\a^^^ to the deal is that he ''^aoh ,dbirig; tvvp:Sides. The extent ijy _ ^ coi'.al'lc on 60 to 9ft,Viavs' nblic-e,\ refrain from approaching"f' ,CnpitbVs post-ban .recording ;^ . ,„iv,;„„ „^i.,.,, „„u„ n„^. thev .ire not getting that ^ort ot pioocities toi a ccitain peuod of too- in\i''\ing sides by King t,,^,,, i^.^ip^ and the agenev to , V fi ll,..,^f^!i'?iv f»-(Hv cooperation tiom any but small umc since it is his aim to become <^o>e' '^^ade in Chicago, anci Jo < nable him to gue up the buMiiess """^ '^'^'l "^' .t ^r ,^ h,^> m ,1 Day Decca pg ,„o„ i,„rt ,„d has a few moie J,"'«> ^'^"^ • '^'"'1' .',1,''*" ' Irt things with eal^ to go betore reaching retire- , 'i'-^'"'/- ''^^i'^^C'^r. p fn Guy Lorn- ;,i„„\,g/if mCA were to pav him by ASCAP to the eo n- R,„i Tm.« \ , f vpnimpr ,.oiiM "^'''t owner Lalci. he insisted now the sum lequntc^ woum thj,^ /^sCAP should keep them, but laiily huge. It's undeistood „«, i,e able to sell them. rhc vyrifel-s. certain pubs feel, pub^ Maior compaiiv heads are j booker He has tentatively select- almost unanimosulv agreed on od the title Shaw Artists Coip, okajing iiee kinccoping rights (or the venture he will establish only until March 1 coincidental once the Gale situation is cleaned with the expiialion ot ASCAP s ex- up He is now seeking office space 'IflSC MP If&TF' ^JfORF tended SI a vca, licensing ol t.ve c,,^ ^haw came to dilfer- ^^^^ ^VMtiL SlafTord, Peggv Lee, Gordon Mac- ^oon but AlC-V'ites wont discuss it (Continuoa. on page 44) : — ' ', ' „. ' ' — ■ — years, and betore the war headed Its London branch. When : war tli(?ii', 'bvyh,;, ■position in ,: the nitisic- , , vending, scheme ot, things, by at- Bailey has been vvith MCA tor mmptmg to achieve full control of the theatre perlormance: rights. Many feel it is a beginning of a program song use; Mills Unusual Stance Vs. 38c Varsity Disks broke ;out, he; i-eturned to -New bhiepi-int designed to ^ .^ /^"ik and became MGA> ,cpntact^^ rUR tULUlKlDIA nttUIVUJ tels-the Pennsylvania Commo.,; , Columbia Recoids has come up doie Biltmoi'e Plaza, etc. under,which ,Shaw vv'ouia be' bDUglit vvitlrtt re-* Trt; , GoUimbus^^ out but between the agreement coidinf; deal It has concluded ar bought a small piece ot a now tele- on termS: and the actual signing,, rangements to wax . the cast and i vi.sion outlet being set up in that a flauHip becuired that cancelled scoie ol 'Kiss Me Kate," produced citv and it's possible he'll devote the plans Shaw lemamed with bv .\i nold Saint Subber and Lem- some of his time to that venture enees ,Over the operation ot the agency several months ago. An aiTangernent was then being .made,. Mills Music last week took an unique stance against Fli Obci- Gale then and a second agiecmenl uel Avres music by Cole Poiter slowly took shape Teims ot the deal which call loi an advance against rovallies to un- j , . • « r» derw rite recording costs, have been Weinstein Mgr. at Rep, settled upon and the contract Ilaiiv Weinstin becomes proles- '•'gned vesferday iTuesdayl. IMPORTANT READING The most importanl reading for people in show kusiness is th** ., 43d Anniversary IS umber J/ote famoas "By-Knes" by '-'le 'c s oi the ncluslry—some satirical, some factual, but most are practical. Variety's own forecasts, basecl on trencis and past experiences, compiled by its own experts in every held of show business. A comprehebsive and easy-to-read edition, with hundreds of features of vilal, interest to everyone m show busmess, in The Bible of. Show Businessi On Newsstands Next Week—Order Your Copy Now! You can't afford to miss the 43d Anniversaty Number of . -1 Hartford Renew& R^ ITartfoi^d,: Dec.'' 28! i';,( . 511 ch a(?l :C. ; Rogers .has been : rcT elected presideJit of vt . ,, , MusiHtfnS'i-ProtectiVe,'Assh* Local ■ sicmal manager ot Republic Music 'Kate; is figured to ;be a hit. It :44(); ApM:' ^M^^ , i .Ian. 10.He moves over from Leon closed Saturday 125) in Philadel-: Sebastion Shonty; ' ' ! Rpcnrri^ '''^^^u''.''^'^-'' phia wheic It did sellout business o,hei olficers- Joseph Dmen- ^ecoicls on the theoiy that his Republic is a Broadca.sl Music lis due in New York tomorrow baum secretarv, and Louis Zebe- l i .u . ""'^ '^^'P P'Omote songs aftiliate in New York. m^ht iThuisday). deo. treasurer, anct that his recording ideas ac-' s=? tiially lower a publisher s income to some exient Mills lefused Obeistein a recording license on the basis ot I'-ic per Mde ,in <.c- cepled royaltj level on disks lower than 50c retail It masted on the lull 2c statutoiv rate lor "Saj something Sweet To Your Swcet- hcil" in the event Obersfem re- sided the song If.s uriideistood lie duln I ■^'ills stance was based on it^ . Claim/ that Obersteirt's, policy, of molding a song only alter it has become a hit. or .ippears about to reach such clasMhcation doc-n t help Mills It stiesses that e^- Pioitaticm of anv tune is cosUy and "sky :at the,st;art:;ana tlKit's wheri'- " needs help not alter a tune is siicc^ssfjil.Arid thjit's w/hy record- ng licenses calling tor Ic^s than the legal 2c late are issued to in- "le companies Too, Mills pointed out th.it in '"''"y/''!ses the sale ot a Vaisity reeordmg nullifies the sale ot a n«lor label disk, fiom which it gal-neis a 2c royalty. It agrees ."fi, ^"'^^ instances buyers "each for Varsity disks because ol irit low retail price and that il incy weie not available no recoid- v,,i, ^''^!'^ bought by that indi- V dual buyer But it emphasizes j'l'it a good many Varsity sales 4n- imeie with major label sales. And mm. because they help pro- mole songs by recording them « .n„,t clear-cut knowledge that a song might reach hitdom, desei-\'e s^ling competition paying as much "VaJty for Us material. OUT NEXT WEEK Pubs Insist On Mercury Paying Maj. Disi{ Coin Alu=ic publishers last week rc- lected a bid by Mereuiv Recoido to rertioye /itself ;,£roin' vesponsibiltty. ; toi lovilties on pressings sold bv it of .in ;it er.ia 1 i recpntiy pure hase d ., liom M.iiestic Recoids Meicuiy explainedUc): publishers;; thrpugh ; agent and tiustee Uaiij Fox th.'t the masters and other nmtcrial it bought at the public sale ot Maies- lic a'.sfts. tor $142 000 had been al 1';piik'cid Avithin':t,he, .iurisdielipn' - ol .1 fmn called Maiestic Phono- graph Co,, an outfit recentiy or-- ,giirii/;ecl- in ■lilinpis;.,;appareri:tly,as;;a;. ttolcling :compiin^f.;' And , fhe ,iro!case- 0 t fti a j esti c tivast e.rs , on Hhe: Me i-- cuiv label was via a "lease" ar- rangement. PublisheiSi through Fox, in re- jecting Mere's- bid, stated they were not aw:are ot, the Ma,iestic ,, firm: ■, or 'the ■ lease deivl';? that all' that ^wiiis; known w^s tfial Mercury was iViarkoti'ng ex^ , , ingsVuride'r ,its pvvn nyiifie,. arid; that, as Idr as I he publishers weie con- ceined Merc in v would be held ji'CspbRsibie' ,fbr ,,ro5tai1ty';S^ iiiricie; iV iW'ais .i Iiie man lifaeturgr.' ;.;: ■ Actu.illv the situation is basi^d ori the' fact, that Jiercury did riot'■ purcha.'Se .Majestic's.: masters.;' and. pther assets; A major, stbckhoider „■ 01 Mcicui> advanced the cash so a'- to secuie the Maiestic masleis for Mercury and is being paid back on a; royalty per-record-sold arrangement, lie actually owns the masters, and Mercurv felt that the- pubs should collect their royalties ; irom him, through his Majestic Phono Co. L^iehton Music Oorp, chartered to conduct a music publishing busi- . ness in New York, with, a capital: stuck of 200 shares, no par value, .