Variety (August 1950)

Wednesday, August 9, 1950 ORCHESTRAS-MUSIC 43 On Paper as Mills Set Quotas Music publishers are facing the^ 1 rapidly-approaching prospect of paper quotas and raised, prices on their sheet music stock. Current international Crisis has thrown the entire paper industry into chaos, and the paper mills last week imposed quotas, and raised prices on most grades. Price rise and quotas are at the jobbers’ level this week, and won’t be felt In the printing, industry till the latter part of this week, The music industry will be forced to pay higher prices for, its sheet music shortly, though. Whether music publishers will feel a shortage, however, will be unanswerable for at least six months. Paper industry circles feel that imposition of quotas is a result of “Scare buying” by paper Users, notably printers. If this is true, then- printers should have adequate supplies for at least six months. Beyond that time is impossible to predict—-supply will depend on how the international situation turns out. It’s likely, though, that some printers who have refrained from buying may be caught short. Quotas came suddenly last* week. International Paper, one of the largest paper producers, an- nounced that there would be no new deliveries until April of next year. It also announced price rises on most stocks, effective even for undelivered orders placed \veeks ago. There is one heartening aspect to the situation for publishers. Sheet music is printed on a plain stock, a fairly cheap grade of paper Which is generally in ample supply. This type of stock will probably be one of the last .to be hit by a shortage, But it will undergo any price rise imposed on paper. Hollywood, Aug. 8. As result of the click of Jerry Gray’s band at the Palladium, Hol- lywood, terpery’s general manager Earle Vollmer will make a pitch to Gordon Jenkins, Axel Stordahl, Paul Weston and Frank DeVol to form bands and essay dates at the Palladium on flat 50-50 basis. Each is probably better known here than many eastern band leaders through records, radio shows and each lives here. Weston and DeVol have airers and their si demen would be pre- vented from job doubling under AFM Local 47 rules designed to spread work, but batoneers them- selves are unaffected, and it’s known DeVol at least has been con- sidering forming second band to handle such dates. Vollmer’s the- ory is names of these four are strong enough to give solid busi- ness. Gray’s first two weeks drew 16,- 351 and 14,513 admissions respec- tively, the greatest consecutive two-week business since crest of boom in midwartime. Feist Charges Piracy Charging that 17 of its copy- righted tunes were pirated, Leo Feist filed suit in N. Y. federal court last week against Terminal Musical Supply, Inc., Musical In- strument Exchange, Inc., and Kelly-Goodmari, operators of the Times Sq. Music Publishing Co. AH three defendants, doing busi- ness in N. Y., allegedly used the tunes without consent in three of their publications. “Black's Correct Course to 100 Standards,” as well as two other folios, the action claims, wrong- fully contain Feist’s “China Boy,” “My Blue, Heaven,” “Alice Blue Clown,” “Five Foot Two, Eyes of Blue,” “I Don’t Know Why,” “Sleepy Time Gal” “Sunday” and “That Old Feeling" among others, An injunction; damages and an ac- counting of the profits are so#fftt /0 BHI Pluggii; Tine By ASCAP Writers A Broadcast Music, Inc. pub- lisher is Plugging, a tune written by two writers belonging to the American Society of Composers, Authors and Publishers, Unusual situation occurred last week when Goday Music, a BMI firm, bought rights to “I Still Miss You,” written in 1940 by Lew Quadling and Jack Elliot before the two were ASCAP members. Song at that time was bought by Campbell Music, another BMI firm, but nothing was done with it. Campbell turned it over to Goday last week, and latter is making it its plug tune. BMI performance collections on the song will go to Goday, with authors getting some of the performance coin through the publisher. No. 1 Preference Popular compositions still hold the lead in preferred music among all types of workers, according to a four-year survey of some 35,000 whitecollarites and factory work- ers made by Muzak Corp. How- ever, office labor has shown a .greater interest in semi-classical, classical and waltz music than have factory hands, who in turn have indicated a stronger interest in polkas and Hawaiian music than have those with desk jobs. Prefer- ence tabulations for 1949, the last completed year of the study, re- vealed an increase in this basic dif- ference in musical tastes. Muzak is still conducting the poll, which, when finished within a year or two, will have taken into account the tastes of about 50^)00 workers from typical factory and business offices. Tabulations are broken down into age, sex, region- al, educational and occupational divisions, In conducting the survey Muzak is concerned with spotting significant trends in musical tastes over a five-year period, and is not particularly interested in yearly changes in likes and dislikes. The preferences noted on the questionnaires pertain solely to the instrumental music itself, since the music piped by Muzak into offices and factories is almost exclusively without vocals. : Also tunes are played anonymously, with no per- former credits given. A. Art Valando last Week exited the post * of Coast manager of Laurel and Valando Music, his brother Tommy’s two publishing firms. Art Valando has bought into Frank Sinatra’s Barton Music, and will move into a post at Barton, prob- ably as • professional manager. He will continue to operate on the Coast. He has befen replaced by Laurel’s Chi manager, Benny Miller, who flew to the Coast Sunday and took over the office Monday (7). Suc- ceeding. Miller temporally in Chi- cago is Saxy Dowell, freelance disk promoter, who will continue his other activities in addition to han- dling Laurel. Dowell may take over the post permanently. Art Valando has been with the two firms since Laurel was founded in 1947. At that time, both he and Tommy Valando were * working for* Santly-Joy, Tommy as professional manager and Art as L. A. contact- man, When Tommy exited Santly- Joy to start Laurel, Art Went with him as Coast manager. ‘Rag Mop’ Thcfted, Int’I Charges in N. Y. Suit “Bag Mop” was lifted from its unpublished tune, “Get That Mop,” International Music charged in an infringement suit brought in N.Y. federal court last week. Named as defendants are. Bob'Wills Music Co., Hill & Bafte, Inc., RCA Vic- tor, Capitol Records, Decca, Coral, Columbia, London Gramophone, Mercury, Regal and Bullet: “Get That Mop,” according to the complaint, was authored in 1946 by Henry “Red” Allen, and alleged-* ly precedes “Rag Mop,” published Hill & Range. Nine platter • firms are defendants by virtue of record- ing •‘Mop.” Action also asks an injunction, damages and account- ing of profits. Solid advance sale for Decca’s initial catalog of 33 disks in the 45 rpm speed is spurring the diskery to enlarge its new line as rapidly as possible. On basis of retailer reaction, company is prep ping re- lease of the best 78 rpm sellers by the company’s top artists over the past, couple of ydars on 45 rpm disks. Decca execs are gearing for a new market opened by its entry into the 45 rpm field. Initial de- mand indicates that a whole sector of consumers are only equipped with 45 rpm players, as TV attach- | ments, which Decca intends to service with previous releases by, 1 Bing Crosby, Guy Lombardo, the Andrews" Sisters, Gordon Jenkins and others.. With counter sales already underway this week, Decca has already racked up an advance 45 rpm sale of 3(1,000 for Crosby’s “La Vie En Rose” and 31,000 for Jenkins’ “Goodnight, Irene.” In conjunction with its 45 rpm disks, Decca will also distribute players for the new speed. Com- petitively priced, at the same level as Victor, Decca instruments will include a simple player plug-in at- tachment, a player with self-en- closed amplifier and a radio-player combination. RCA will likely, man- ufacture the new instruments for Decca. Philly Symph, Local 77 Philadelphia, Aug, .8* The Philadelphia Orchestra Assn, and Local, 77; American Federation of Musicians,* have inked a contract for* two- years, with a minimum salary of $120 per week for the musicians; Deal covers a mini- mum period . of 31 weeks, with provisions for an additional week at the end of the season. Sick benefits call for payment of full salary for four weeks during one season. After four years .of service, members accrue additional sick benefits at the rate of One week salary for each year of serv- ice. The agreement stipulates a maximum of 120 concerts a season under the regular salary scale. Terms covering additional con- certs, broadcasts, telecasts and rer cordiiigs were also agreed upon. Frank Walker, head of M-G-M Records, has renewed his contract with Loew’s, Inc., parent firm of the diskery, for a "period of years.” Talk was that Walker would exit the firm, and the renewal is in- -terpreted-as-meahing^-Loew’s will continue strong financial support of its disk subsid. Walker would not divulge the exact length of the new contract. He said no personnel changes would be effected. He has been with the company since its incep- tion five years ago. San AntoneV Longhair* San Antonio, Aug. 8. Soloists for the San Antonio Symphony Orchestra 1950-51'sea- son will be Rudolph Firkusny, Yehudi Menuhin, Artur Rubinstein, Kirsten Flagstad, Gregor Piatigor- sky, with Leopold Stokowski and Eugene Ormandy listed as guest conductors. Max Reiter is Conduc- tor and this will mark his 12th Capitol Records suffered a net loss, after taxes, for 1950’s first six months of $64,823. Corresponding period of 1949 showed a loss of $246,717. Accounting for the re- duction in deficit was a sales rise of more than $350,000 over the first six months of last year. Disk sales for the first hair of this year totalled $5»48$,990. Rise in sales and consequent de- cline in losses deads Capitol toppers to believe they are in for a banner year. Despite the loss in the first six months of last year, the com- pany showed a profit for the en- tire year’s operations. With a good fall $eason and Christmas ap- proaching, Capitol toppers expect to come out well in the black. Meanwhile, Capitol prexy Glenn E. Wallichs announced that Marie Wallace De Sylvia, widow of B. G. (Buddy) pe Sylva, will succeed him on the board of directors. De Sylva, one of the founders of the. diskery and once board chairman, held a large block of stock in the company. GAC Sets Bob Hayities Vocalist Bob Hayines, brother of Dick Haymes, has been signed by General Artists Corp. Tops of the Tops Retail Disk Best Seller “Mona Lisa” . Retail Sheet Best Seller “Mona Lisa” “Most Requested” Disk “Mona Lisa” Seller on Coin Machines “Mona Lisd” Best British Seller! FOLEY SONG’S REEASE Major diskeries are rushing pressing of their respective ver- sions of a song celled “Cincinnati Dancing Pig” as a result of pur- chase of the song by Red Foley’s Old Hickory Music Co. from Avon “Music, Nashville firm. Record companies are all in re- ceipt of a request from 'Avon to observe a Sept. 20 release date on the tune. Diskeries aren’t certain whether the request came after Foley took over the song, but such a request, especially one for a time other than the beginning or mid- dle of the month, is regarded by them with suspicion. Afraid that one diskery will jump the gun on release date, all have prepared ini- tial pressings far in advance and have also set their publicity and advertising. Foley has recorded the tune for Decca, and the same diskery is re- ported preparing five other records of the song, a rhythm number. Meanwhile, at least two other .disk- eries have recorded it, and say they are ready should any one of them try to jump the gun on re- lease. Hollywood, Aug. 8. NBC, CBS and ABC television networks are firmly standing against the American Federation of i Musicians’ royalty plan for allow- ing video pix to be accompanied by music soundtrack. However, no de- cisions have been made by webs a$ to whethet or not they will refuse to play any films; made with the use of a Federation contract.. The union has two distinct con- tracts covering the use of music on film. Though both pacts call for the producer to be responsible for the collection of the five percent of a station’s Class A rate card, which is to be turned over to a union trust "fund, one contract will find the sponsor laying out this coin and the other, the station or net- work putting up the money. The networks object to both these plans, Initially they disap- prove of paying coin to the Fed- eration on this basis. Because of this webs are resisting the \plan even when the sponsor is the one putting up the additional five per- cent. Nets feel the allowance of this system displays tacit approval of the plan and therefore may stem their chances^of enacting an- other way of taking care of the musicians making the soundtrack. None of the three Webs, how- ever, would come out with a blank- et “no” when asked if they would allow beaming of pix made under the James C. Petrillo contract. NBC toppers pointedly evaded the question . by stating they couldn’t actually answer the question as they have never been asked to televise a film made under the royalty plan. ABC’s Frank*Samuels wired N. Y. headquarters for the network’s stand on the issue but has not even received an answer. CBS V meanwhile, has accepted the Gene Autry tele-pix which are sponsored by Wrigley with the gum firm paying the five percent. Deal was-made with Petrillo by Les At- lass, veepee of CBS’s central divi- sion. J. L, Volkenburg, veepee in charge of CBS’s net sales, stated that web has no policy even though it has accepted this series. Further evidence that networks are not in accord with Petrillo’s payment plan is Seen through not? ing~ of continual meetings among the webs, advertising agencies and the Federation in the east. Webs and agencies are still working on a plan of their own which they are dickering for with Petrillo. Reardon-Schweikert Settle Publisher Suit Songwriters. Frank Reardon and Ernest G. Schweikert discontinued and settled their N. Y. Supreme court suit against the Theodore Presser Co. this week when the publisher-defendant agreed to re- lease the plaintiffs from a five-year contract. Tunesmiths wrote four numbers for Presser, then brought an action to break the pact. Under a June, 1949, agreement; Reardon and Schweikert were tied to Presser for a five-year stretch plus options for another five years, Writers attempted to have the deal set aside when the pub allegedly failed to exploit their tunes proper- ly due to inadequate facilities. Terms of the amicabld settle- ment call for Presser to retain “Strange Feeling,” “April Fool,” “She” and “This Is Heaven to Me.” In the course of the legal sparring, Reardon and Schweikert sought an injunction to ^ restrain Presser from interfering with their activi- ties. Both are now under contract to Mills Music under an exclusive . Traveling units which belong to the American Federation of Musi- cians but are “acts” rather than musical units will now be exempt from the AFM rule which requires operators to pay a 10% surcharge on all traveling units. They will continue to say local taxes wher- ever such taxes exist. Decision to exempt the “musical acts,” announced this week by AFM president James C. petrillo, fol- lows a lengthy dispute between the musicians’ union and the American Guild of Variety Artists over what constitutes an “act” as differenti- ated from a band or musical unit. AGVA claimed the 1 6 %. surcharge was unfairly imposed on groups Which were more in the nature of acts than musical groups. Tax is imposed on employers as a “penalty” for hiring out-of-town groups. It has been in effect for the past 4 30 years. Under the new ruling, only orchestras will require payment of the tax, If a musical act is booked into a room which has an orchestra, the surcharge will hot be applied. If, however, there is no orchestra in the room, then the 10% will be charged to the room. Some locals levy taxes on trav- eling units entering their territory* These, ranging from 1 to 2%, will continue, to be applied to all units. Lifting of the tax will particu- larly affect acts which hold dual membership in AFM and AGV A. It’s mostly these acts to whom the classification of “musical act” will < apply.* 'AGVA’ has no. surcharge ,