Variety (August 1950)

Wednesday; 1 August 2, : 1950 ©RCHESTRAS-MUSIC Continued from pay* 3 1 “Visions,” was entitled to a separ rate, copyright. Abqles further was upheld in his claim that Miller re- main as sple owner of “Sleep,” un- til the expiration of the full copy- right term of 28 years in 1951 and could renew the revised song as a separate 1 and independent copy- right for another 28 years. Ih holding with Abeles, Knox > enjoined; Vogel from • exercising any rights in “Sleep” Under the ' original copyright and rendered a judgment for Miller for all coin . accruing under original copyright of “Sleep.” ^Same as New Work Knox’s decision was based on Section seven of the copyright law | which provides that, arrangement and versions of copyrighted mu- \ Sical compositions, when produced With Consent of the Copyright owner, shall be regarded as hew Works subject to their own. copy- right. Impact of the ruling on the music biz is found in the possi- bility now of publishers making new arrangement .or Versions of compositions before the expiration of the original copyright and thus continuing their rights in the newly arranged song for 28 years from the date t>f the new arrange- ment. Likewise, upon expiration ! of the copyright in the new ar- rangement, publishers can now ac- quire the renewal fights to such arrangement even though he might never acquire the renewal right to the original composition. Prior* to this decision, pubs have rarely exercised rights to new ar-. rangements or versions made by them upon expiration in the orig- inal work. There are innumerable instances, however, of new ar- rangements having been copy- righted during the original term of copyright of such compositions Which this decision will affect. In many instances, the new arrange-, ment attained a lasting value to the exclusion of the. original work. Frequently in the past, a publisher other than tjhe original publisher, upon acquiring the renewal rights In a composition, has proceeded to - claim rights • to all arrangements and versions to the exclusion of the original pub. O’Brien, Driscoll, Raftery & Lawler represented ' Vogel while Abeles, of Abeles and. Bernstein, repped Miller, RETAIL DISK BEST SELLERS PAXJON MUSIC 16'OHkOADWAY • NIW v O#n "J 'i ' America's Next Big Ballad! “ALL MY Lovr Frenc h Title “Bo lero” Widely Recorded Program Now! MILLS MUSIC. INC. 1619 Broadway New York 19 Survey of retail-disk best sellers, based on reports ob- tained from leading stores in 12 cities and showing com- parative sales rating for this and last week. National Rating This Last wk. * wk. Jply 29 Artist, Label, Title TV i J 3 £ . *> : T , 3 sa a */ 4 6 5 7 6 3 7 8 8 .15 9 10 10 12 HA 9 11B 4 14 12 15 10 16 17 17A 17 17B 11 17C 13 18 A 9 18B . 19 .. NAT “KING” COLE (Capitol) “Mona Lisa”—1010 .... v .: GARY-BING CROSBY (Dec<?a) “Simple Melody”—27112...,.... GORDON JENKINS'(Decca) “Goodnight Irene’?-^27077..:.... GORDON JENKINS (Decca) “Tzena, Tzena, Tzena”—27077..,. GARY-BING CROSBY (Decca) “Sam’s Song”—27112............ BILLY ECKSTINE (M-G^M) “I Wanna Be Loved”-^-10716..;.. ANTON KARAS (London) “Third Man Theme”-536.. .... » •- X - VIC DAMONE (Mercury) “Vagabond Shoes”—5429...;. ♦ ♦ ♦ DORIS DAY (Columbia) “Bewitched”—-38689 ............ VIC DAMONE (Mercury) “Tzena, Tzena, Tzena”—5454..... DICK HAYMESr (Decca X “Count Every Star”-27042.♦ KAY STARR (Capitol) “Bonapartes Retreat”—936 TONY MARTIN (Victor) ^La Vie En Rose”—20-3819.... JO STAFFORD (Capitol) “No Other Lovc”—1053......... MITCH MILLER (Columbia) “Tzena, Tzena, Tzena”—38885... BILLY RCKSTINE (M-G-M) “My Foolish Heart”—10623A..i BILL SNYDER (Tower) “Bewitched”—1473 AMES BROS. (Coral) “Sentimental Me”—60140, DORIS DAY (Columbia) “I Didn't Slip, Pushed”—38818.., MEL TORME (Capitol) “Bewitched”—1000 ...... ...... GORDON JENKINS (Decca) “My Foolish Heart”—24830, LARRY GREEN (Victor) “Bewitched”—20-2329A .. LES PAUL (Capitol) “Nola”—1014 HUGO WINTERHALTER (Victor) “Count Every Star”—20-3697B.. 1 2 6 4 3 10 7 1 ... 2 7 4, ... 8 1 2 3 ■ : « . 5 . . . 2 .. 2 8 2 5 . .■ 4 3 10 .. 3 8 6' .« 5- ,. 5- .. 8 ... 2 . . 1 4 .. 6 .. ♦ • 1 • t 6 , , . ... .1 .4 9 2 .. 6 .. .. 7 .. 4 4 • • •• •» • • •* 5 •• , 4 ■ • 4 . •• 1 4 4 4 4 4 4 • 4 4 • t 4 . l 3 4 . 4. . . 4. • .4 4 4 4 4 '44 44 4 ‘4 44 5 ., FIVE TOP ALBUMS 1 2 3 4T SOUTH PACIFIC YOUNO MAN WITH ANNIE GET YOUR HARMONY TIME Broadway Cent A HORN GUN The Chordettes Columbia ; Columbia Hollywood Cast Columbia MM850 ei98 M-G-M CL6111 ' ML4180 . CL6106 E-509 C201 Broadway Cast Columbia MM850 “ ML4180 THo Chordettes Columbia CL6111 C201 DIXIE BY DORSEY Jimmy Dorsey Columbia Cl 96 CL6095 Disk Best Sellers by Companies (Based oh Points Earned) Label Coral Ctpyrlfht 1950 by Hill A Range Serin, Inc., N, Y. All rights reserved Tucson, Aug. 1. Ever hear of the Federal Song Surplus Commissioner? You might, if anyone ever takes seriously the deadpan open letter to Pres. Tru- man penned by -columnist “Don Pajamas” of the Brewery Gulch Gazette of Bisbee, Ariz. “Pajamas” is really Furniss Pe- terson, bedridden whilom song- smith who Churned out “Christmas Story” with Hoagy Carmichael for the fi)m “Johnny Holiday.” His open letter is a plea for the under- privileged songwriter. “There, are millions of songs, good songs,” Peterson wrote, “which will never be heard, which will not net the writers one cent unless the government does some- thing about it. While other busi- ness booms, the music business is in a slump, sheet music sales are off as much as 90% and recording sales are off too. « “I urge you, Mister President, to give us songwriters a subsidy of some sort. Songs make people happy—and happy nation is—well, it is a happy nation. And let me whisper /that politically speaking there are more songwriters than there are farmers. You play a piano—you no doubt have written songs too, so your sympathy should be with us. i . “Perhaps you could see that mu- sic publishers get some govern- ment loans so that they could pub- lish ' all the songs offered them— and recording companies could get the same too so that they could rec- ord this surplus of songs. “Or this might be a good idea, to store this surplus in some cave too—and pay the writers royalties on them just as if .they were pub- lishers, rating them according to government expert examiners and the writers to receive payment on that basis.” First support for the scheme came from a Hollywood meeting of the Songwriters Protective Associa- tion at which L. Wolfe Gilbert read the column to members. To the great surprise of practically no one, the suggestion drew cheers. Bergman to Coast Dewey Bergman, RCA Victor artist and repertory staffer, planed to the Coast Monday (31) to set up closer east-west liaison with Henri Rene, new Coast recording chief for Victor. Oh way back, Bergman will hold a waxing session with Frankie Carle orch in Chicago. M-G-M Pacts Ranch M-G-M Records signed Harry Ranch and his orch to a one-year contract last week. Ranch, who is appearing with a seven-man unit at the Green Room of the Hotel Edison in New York, will probably use more sidemcn Oh recording dates. Amarillo’s Symph Deal Amarillo, Aug/ 1. Arrangements have been com- pleted here between the Amarillo Philharmonic Orchestral Assn, and Interstate Theatres whereby the circuit will take over the ‘business management of the symphony grou# for next season. I THOUSANDS SISTER ROSETTA THARPE On Sunday, July 2nd, Sistfcr Rosetta Tharpe starred in i “spiritual concert” held at Griffith Stadium, Washing- ton, D. C. Over 20,000 peo- ple. enthusiastically acclaim-, ed Sister Tharpe and other Decca artists who appeared on the program. So out- standing was the concert’s success that, -a whole series of similar shows is being planned. The World's ‘ Her Latest Release ! THE NATURAL FACTS coupled with I HEARD MY MOTHER CALL MY NAME Sister Rosetta Tharpi and Sam Price Trio Available on Both 78 and 45 RPM Decca 48166 and ‘ 9-48166* Single Records 75c * Indicates 45 RPM version DECCA