Variety (March 1950)

Wednesday* March 29, 1950 — ■ • • ORCHESTRAS-MIISIC .,. 81 In a move to (correct a chronic^ situation among musicians, exec' board New York Local 802, American Federation of Musicians, is proposing the abolition of unre- stricted “doubling” by its working members. Proposal is embodied in a resolution to be submitted for approval to ^ the local's general membership meeting April 10. Under terms of the resolution, musicians would be barred from playing more than two unrelated instruments, such as fiddle and sax, on any single engagement. This clause would effect several large orchs, some of whose sidemen now work on sax, clarinet and fiddle. In situations where doubling oc- oh unrelated instruments, curs resolution calls for upping pay- ment to 50% above scale and 20% above scale oh related instruments. If the motion passes, it would go into effect in new contracts in all . fields. Local 802 execs are also urging the New York City administration to launch a concert program to sup- plement those given by AFM crews under terms of the musicians trust fund allocations, Confabs between union heads and Mayor William F. O’Dwyer are being set up for this , week to point up the need for in- creasing employment for New York tooters. Attempt will be made to revive the city’s former policy of sponsoring free concerts in parks and museums, Although unemployment situa- tion is admittedly bad in Local 802 ranks, union chiefs scouted the es- timate/of 90% joblessness made 1 by A1 Manuti, leader of the oppo- sition Unity group, who will run again for the local's presidential post in elections next December, local 802 execs said it was virtual- ly impossible to calculate the num- ber of unemployed musicians , in light of the fact that so many of them are part-time instrumental- ists, doubling in other business fields. Era Source For 3d Group of Records In‘Hear It Now’ Series /Third section of the “I Can Hear It Now'' recorded series of his- torical highlights, currently being set for waxing by Columbia Rec- ords this summer, will be a throw- hack to the 1920’s era. Initial two volumes, which covered almost two decades since 1930, have been one of Columbia’s bestsellers with ap- proximately 300,000 albums sold to date in both the standard and long- playing sets. Produced by NBC news staffer Fred Friendly and CBS commenta- tor Ed Murrow, the third album will cover the years from the end of the first world war to the crash of 1929. For the first time, songs such as “Dardenella” will be used to date the period. Producers are currently haying some difficulty obtaining recorded quotes from the period's celebs, such as Calvin Coolidge, Charles Lindbergh, James J. Walker, Texas Gulnan and Al- fred E. Smith. While recorded clips are available, they don’t covet the most memorable utterances of the period’s leading figures. Zither Virtuoso Karas’ EUiot Lawrence As Eeadoff for Phillies : Elliot Lawrence orch will intro- duce a new note for baseball sea- son opening g&mes when it plays at Shibe Park, Philadelphia, April 18 at the lead-off Phillies-Dodgers tilt, , Guy Lombardo has played at World Series games in the past, bdt Lawrence’s 1 ball park date is understood to be the first time a name band has appeared at a sea- son opener. ./.Bandleader, a . Philadelphian himself, has penned “The Fightin’ Phils,” with Bix Reichner, in honor of the occasion! Anton Karas, the zither instru- mentalist-composer for “The Third iVIa b, V has been signed to a three- year songwriting contract by Chap- Ef ,. The Austrian musician, now making a personal tour to exploit }” e . Seiznick-Korda pic, will remain m the States another three months before returning to London, Larry Spier, for Chappell, will bear down on “Liebchen” and Either Dither,” Karas? first two bew ones since the “Harry Lime a heme” (or “Third Man Theme,” ® s ™Hed in the XL S.) and the “Mo- wtt Cafe Walta” Chicago, March 28. Sidney W. Wattenberg, Music Publishers’ Protective Assn, gen- eral counsel, has asked leave of Judge Michael Ige to appear before him iii Chi Federal district court as “friend of the court” in the Shapirp-Bernsteih.v copyright in- fringement suit against Miracle Records. Wattenberg seeks to modify that part of last week’s de- cision which classifies production and sale of phonograph records as “publication,” and therefore places upon such production and sale the same copyright restrictions that apply to sheet music. . Meanwhile, S-B attorney Mort Schaeffer has filed a motion for a new trial. Hearing on the motion has been set for April 21. Judge Igoe had ruled in favor if. Miracle Records on four counts; First, lie considered Meade Lux Lewis’ testimony as to the origina- tion of the song, “Yancey Special,” contradictory. Second, he ruled that, while the bass parts of “Yan- cey” and Miracle’s “Long Gone,” which the publishers had charged was an infringement, were the same, the Upper register and mel- ody parts were different. And, most important, he ruled that produc- tion and sale of “Yancey Special” prior to copyright by Lewis and S-B constituted abandonment of copyright. It is this last point that Watten- berg seeks to modify. He will ask that this be Stricken out and that the decision reniaitt in favor of Miracle but based on the other counts. He is expected to appear some time in April. S-B had sued for $24,000 in triple damages. Publisher will have to pay Miracle’s cost should appeals fail. t A i TOP LABELS IN RACE ON ‘JUKEBOX ANNIE* Wary of letting another “Music, Music, Music” get by . them, all the top labels are climbing aboard a new novelty, “Juke Box Annie,” in an allrout race to hit the retail counters first. Number, written by Eddie Lisbon and Sidney Prosen, was initially cut by Rainbow Rec- ords with Eddie Miller , and the Sunshine Girls, but in the last week the major diskeries have been rushing, the side with their top artists. RCA Victor sliced the number Thursday (23) with Lisa Kirk, Ed- die Cantor and Sammy Kaye’s orch, backing it with “The Old Piano Roll Blues,” another novelty currently getting a big play. Capi- tol put Kay Starr on the tune, Mercury has done it With Kitty Kallen and London is out with Claire Hogan. Both Decca and Co- lumbia have also set the number for-disking sessions this weeki 9 The '‘revival” of the band busi- ness, which was only a hope and a prayer at the outset of this yeir, is currently, being realized at the b.o. by a flock of top musical crews, ^hile still not proving the existence of that sustained public demand needed for a long upward pull, stray returns; from; over the country are justifying the opti- mists’ predictions. Firm basis to the band biz come- back is seen in the readiness of promoters to take Chances once again with top-bracket aggrega- tions. That’s been the result of two factors, both of which are equally important in brightening the general picture. First, the de- mand at the dance palaces and auditoriums has been reasserting itself and, secondly, mostp of the top* bands have scaled baick their prices to a level where promoters now have more than aft even chance for a payoff. Sammy Kaye’s orch, one Of the highest paid in the trade, has been hitting solidly on its current tour With only One promoter winding up in the red. During his one-niter through NOW England during the last week, Kaye racked up' $3,100 in Lewiston, Me.; $2,100 in Water- ville, Me,; $2,900 in Taunton, Mass., and $4,300 in ^Holyoke, Mass,, the latter three dates taking place over last weekend (24-26). Kaye played on a guarantee-plus-percentage. Study Flanagan’s B.Q. Ralph Flanagan’s n e w orch, whose opening at the Meadow- brook, Cedar Grove, N. J., last Thursday (23) was watched by the trade as a harbinger of the future, also came through encouragingly after only a fair opening due to bad weather. Flanagan played to 800 customers the opening night but the patronage climbed to 1,805 and 1,980 on Friday and Saturday for the heaviest activity * at the Meadowbrook since Harry James’ orch played there in 1946. Biz slipped back to 525 On Sunday (Continued on page 56) ' *%* ' • • . ’ ^^ wm v mm ^ Residence Key to Verdict On-Vs. J. On N.Y. State Jimmy Dorsey, in an affidavit filed in N. Y. supreme court last week, doesn’t deny owing M-G-M Records $15,000, but objects to the waxery’s warrant of attachment as subjecting him to “inconvenience, annoyance and harassmerit.” Some 10 days ago Loew’s, Inc., as M-G-M’s parent company, secured a warrant seizing the bandleader’s salary at the Hotel Statler, N. Y., and also attaching'funds due him at General Artists Corp. Meanwhile, Supreme Court Jus- tice Aron Levy has stayed the war- rant pending a ruling by Justice Morris Eder on Dorsey’s request that the paper be vacated. In re- serving decision, Judge Eder noted that the question before the court is whether Dorsey is a resident of New York state. The stick-swisher points out that he hasn’t lived in California since June, 1949, and his residence > depends entirely ‘ Upon, liis place Of employment, ... Current legal sparring stems from a December, 1946, contract whereby Dorsey agreed to record certain tunes for M-G-M. In Janu- ary, 1947, the company advanced him $7,500 anfi in February an- other $7,500 with the understand- ing that if his royalties failed to meet that amount the money would be returned. If Dorsey, who has been at the Statler since Feb. 6, can prove himself a N. Y. resident to the court’s satisfaction, the war- rant obviously will be set aside permanently. Cantor Yens Joint : Recording With Jolie Eddie Cantor thinks that A1 Jol- son and he Would be a natural for a special version Of “ijearie,” the db-youVremember song, albeit per- haps not feasible. because Jolsori is an exclusive Decca artist. Can- tor threw a curve at RCA prexy Frank M, Folsom for a possible joint Victor-Decca issue. Prime idea is a showmanship departure and the natural affinity of both vets to the theme of the song. Cantor is exclusively RCA Victor. With Lisa Kirk, Cantor waxed “Jukebox Annie” and “Piano Roll Blues” for RCA last Week While he was in New York. He is due back in Gotham the latter part of this week. In what presumably was the last annual voting of its type by the general membership of the Amer- ican Society, of Composers, Au- * The mari-in-the-street songwriter, i.e, the average laramister from Lindy’s, the Briil Bldg., and en- virons; sees the International Busi- ness .Machines as the equalizer in the new ASCAP decree. Since the current plugs will be such a domi- nant determining factor in ASCAP ratings’, the royalty melons will see a seesaw effect as the years, roll by. The upcoming songsmiths, espe- cially those with the current pop material getting peaucoup ;. per- formances,: will ascend the ASCAP dividend scale and the inactive vet- erans Will travel in reverse. It is figured that the IBM tech- nique of computing payoffs accord- ing to plugs will find Its own level as the A A songsmlths, long inured to ; those $18,000-$20,000 annual melons based on their catalogs be- cause of seniority and availability, will drop down to $16,000 or $14,- 000 and perhaps halved, because of current inactivity, arid thus permit a largei* fund to compensate the new blood. The IBM idea is welcomed for the basic reason that Upped ratings heretofore allegedly Were at' pleas- ure or whim of the board. The newcomer writer even suspected that improved ratings were re- tarded, since the top bracketed songsmiths felt it might curtail their personal gravy.. There is a strong -BmI angle, too, to* be considered now. It’s conceded that Broadcast Music, Inc., publishing firms may have gotten songs by ASCAP songsmiths in the past, under phoney names, but that 'more ASCAP writers will thors and Publishers, eight incum- ( bent members of the ASCAP board ! ^ow produce for the '’opposition” a. * - A- . f^ • ! J ■ ' of directors were reelected yester- without fear or favor. The idea of “disloyalty,” especially if found day (Tues.). The four writer-mem-1out, figured heretofore in that bers who will continue on the; the ASCAP board consciously or board are Stanley Adams, Otto otherwise might have penalized WarWh FrfPflr T pdfo and Deems I such backsliders when royalty divi- Harbach, Edgar Leslie jind Deems 1 dend days . rolled around. Once Taylor; four reelected publisher- again the IBM'payoff system, under ‘members are Irving Caesar, Abe Governmental direction, ,is deemed Olman, Lester Santly and Frank! the infallible protection against any personality tactics. There is no question but that Connor. Under the terms of the ASCAP consent decree filed in N. Y, fed- eral court three weeks ago, board director elections will be held dif- ferently than in the past. System has been to elect eight members of the 24-man board annually on a“ rotating basis, each member serving a three-year term. Consent decree changes this setup to two- year elections . of the entire board. Length, of tenure of/board mem- bers reelected yesterday is uncer- tain since nothing has as yet been decided as to when the first elec- tion, under the new system will be held. It’s likely, however, that next year’s balloting will be for a com- plete slate. ‘BABY’ MAKES LOESSER ASCAP’s intra-organizatiopal oper- ations will have to be revised con- siderably. As regards those Veteran song- smiths who looked upon their established ASCAP dividends as a sinecure, and those other pioneer writers who, in helping found the Society, didn’t collect for years, the (Continued on page 54) Hollywood, March 28. When Frank Loesser strolled out of the Pantages theatre Thursday night (23) happily clutching his Oscar for the Academy Award song, “Baby, It’s Cold Outside,” he became the third tunesmith in the history of the awards to wiri single-; handed. Loesser.wrote both words and music for the number, which Victor Disk Dates, Letter Pushes Curbs Because in recent months RCA Victor has found that “our record- ing sessions have been hampered by the presence of too many people who have nothing whatsoever to do with producing the records,” the disk company last week sent a form letter to all music publishers an-* nouncing restrictions on attendance at platter dates. In a letter Without precedence in diskery-publlsher relations, Vic- tor notified the £rade that “the presence of outsiders at dates has A Alamo’s Releases San Antonio, March 28. Alamo Record Co., here an- nounced several new releases. Included are releases by new artists, among them the Los Mex Tex, Tomas Gallardo orch, Leandro Guerrero and the Alamo Trio, Jesus Favela and Vela & Garcia, was used in Metro’s “Neptune’s ! in many cases made it difficult, for [ Daughter.” the musical directors to concen- Previous One-man winners were j trate on their jobs and in other Irving Berlin, for “White Christ- cases has irritated the artists mak- mas,” in 1942, and Harry Owens, ing the records.” Communique i for “Sweet; Leilani,” both from/went on to state that “we are ! Ring Crosby pix at Paramount, therefore restricting attendance at “Holiday Inn” arid ‘‘Waikiki Wed- dates to employees of Victor and ding.”/ ! such outside people as are actually 4, riaV»v” ■ hppn verv cood to \^ working oh the date, . i Loesser. Apart from what he re- ! no I ie ^f s u„d^ r btalflne t "tL P ^^^^ ; ceived from Metro for the /job, Loesser netted some $23,000. Diskings of the ditty have passed the 1,000,000 mark in sales, led by Johnny Mercer and Margaret Whit- ing on Capitol and Dinah Shore and the late Buddy Clark on Co- lumbia. Sheet music sales nOw hover arourid the 250,000 mark. of it, plus a “request for your co operation by ; not attending any RCA Victor dates in the future.” Erna Berger, Met Opera colora- tura, has been inked to a longterm recordings pact with RCA Victor Red Seal division.