Variety (November 1950)

iS^edneeday, Novemljer 1950 ORCHESTRAS-MUSIC 41 WRITER PAYOFF PROTESTS With the first quarterly 60-20-20 payoff to the writer-members in the American Society of Composersr Authors & Publishers, a three-letter symbol, ominously remindful of BMI, now looms In the shape of IBM. That stands for International Business Machines. And IBM. produces today’s payoff to ASCAP. This has given rise to a hue and cry within the ASCAP’s writer faction as nothing since the first and second Goverii- mental '‘consent decree.’* The haves and the have-nots are al- most equally unhappy.' Too late have certain former have-nots discovered that they should have had a bigger royalty melon payoff for a number of years. And the new have-nots—that faction which enjoyed a dubiously high rate of ASCAP dividend slicing for many years-—have suddenly been demoted. There are some 2,000 writer-members now in ASCAP and easily 60-70%, i.e. the rank-and-filers, are dissatisfied. The little Klondike gold mine, which so many thought was an end- less payer-outer (and it invariably increased) suddenly struck lead ore. Another faction started to reap extra gold. The top toppers, those who always enjoyed around $20,000 annually in ASGAP dividends, found that the per-performance system of IBM computation now has doubled the take. Maybe they don’t need that added Income, but even the have-nots concede that what the rlch-who-are-getting-richer sorigsmiths do with their added Income is none of their affair. - The malcontents—those dubious songwriters with indifferent catalogs and only Infrequent activity—find little sympathy for them on almost every front, excepting their own. Nonetheless, they are the most vocal. There is, undoubtedly, some balance that must be struck. There have been inequities because some writers enjoyed a picnic not their just due. They were the we-boys of ASCAP, the “country club set” who politicked themselves into choicer pay- off positions. The IBM pari-mutuels now give better odds to the strong front-runners with active catalogs. And, to continue the same sporting page metaphor, the “country clubbers” who have rested on their ASCAP laurels behind the third-base line dr in the clubhouse at Belmont must hustle, or else. As is frequently the case with a communal proposition such as the performing rights society that is ASCAP, habits of long standing conditioned a certain group to a soft outlook. Their expectancy in hard coim was not consistent with the .soft life they learned to like, and eventually expect as a matter of course. This obtained right down the line. Many forsook the Lindy’s orbit to be nearer Palm Springs. The rude awakening has come with an unseemly startling effect. Quite a few already are trading their patios for that old perch nearer the Brill Bldg. Meantime, there is another bombardment to Washington by the have-nots, hoping to revive the old status quo, and therein lies the Society’s gravest danger. Washington bureaucracy to- day is not too kindly disposed to any combinations, even for the purpose of artistic succor through the collection of fees. Twice before D.C. told ASCAP that it frowns on certain of its practices, and a severe legal setback coincidentally, by N. Y. Federal Court Judge Vincent Leibell, on the cinema seat tax, further added to its woes. Nonetheless, ASCAP has moved into a $10,000,000 gross knnual business. Indeed a tremendous stride forward since the now historic Victor Herbert versus Shanley’s Restaurant case by which attorney Nathan Burkan so vividly established ASCAP’s ,keystone. The Society has too much at stake to ire our solons through bombardment with this or that biased complaint. If there are inequities,' and admittedly there are, this is a time when all --the mature leadership of president Otto Harbach is needed to achieve as mutually beneficial a compromise as can be worked out. The second Consent Decree left ASCAP a rear-door avenue to the Justice Dept, to present its case if the proposed 60-20-20% formula proved “untenable.” Let responsible, cool heads now rule ASCAP for the common welfare. Or there may be no ASCAP. Abeh The American Society of Com- posers, Authors and Publishers -f Movement within the American ASCAP TO HEAR VAIDES ON CUBAN CNA SNAG Slatus of Gilberto Valdes, Cuban composer who has applied for ad- ryvission to the American Society of t-omposcrs, Authors -tud Publish- ers, spotlighting an unusual problem in international relation- suips among performing rights so- cieties. Valdes was baiTed. from ■ recently until he severs Jn connections with CNA—the t uban equivalent of ASCAP. Valdes, however, has not been a member of CNA for the last Miree years, after leading a revolt m other Latin cleffers who were mssatisfied with the operation. In pfeb^hon for Valdes* action then, c-iN.Vs board has refused to for- ward ^ his resignation to ASCAP, c^oiv though the composer has not roceived royalties from CNA for ^ verai yeare. ASCAP’s legal com- n^ivtee has agreed to grant Valdes ^ hearing to review his predica- Col Repacts Ellington For 3 Years; Plans IP’s Columbia Records last week signed Duke Ellington to a three- year renewal contract. Negotia- tions had been going on for. sonie time, but deal was finalized last week..'. Immediate recording plans are to cut Ellington and his oreh on some of their old themes like “Mood Indigo,” “Solitude,’’ “So- phisticated Lady,” etc., on long- playing records. Plaii is to do each number as Ellington used to play them on the floor, with an eight- miiiutes duration or more, rather than limiting each- tune to the three minutes, Columbia is also mulling recording 15-minute, jam sessions with the Ellington unit. Mack Clark, brother of the late Buddy Clark, now managing Mar- tin Block’s recently- reactivated music firm. faced the gravest crisis in its 36- year history as the wave of cleffer protests against the 60-20-20 payr off plan surged to new heights this week. From top to bottom, and with only a handful oT' exceptions, writer members pressured for a jettisoning of the plan only a cou- ple of weeks after it went into op- eration for the October quarterly payments. ASCAP prexy Otto Harbach, who aimed at maintaining the “human equation” even under the mechan- ical distribution system, conceded to Variety that the new payoff plan was causing hardships for a large number of writers. He point- ed out, however, that ASCAP was forced to change its classification system under a Government decree that grew out of widespread com- plaints by ASCAP writers them- selves. “The proof of the pud- ding,” he asserted, “is what the plan has done. It has hurt many members, especially those least able to afford being hurt.” “The new plan was designed tp boost the little fellow,” Harbach declared, “but it has- resulted in lifting the big fellow into the strat- osphere.” He ascribed the evil in the new payoff system to a depar- ture from ASCAP’s 36-yearrold phi- losophy that “performances are not everything.” “Many values were brought to the Society,” he said, “that cannot be reflected in performances,” re- ferring to writers of standards, classical works and semi-classics who have been hit the hardest by the International Businesss Ma- chine calculators. - Explore Revamps Harbach disclosed that ASCAP’s board was currently exploring the possibility of revamping the pres- ent system to remove the inequi- ties. He pointed out since the De- partment of Justice under the con- sent decree had only “not disap- proved” the present plan when it was submitted, a new payoff sys- tem could be submitted to the Gov- ernment. (A three-year test period (Continued on page 47) Pop INsk Sales Record companies witnessed a break in the upward cuiwe of busi- ness last week as retailer and dis- trib reports showed a sharp dip in sales. Temporary slump marked the first reversal in platter sales since July when diskery activity began to pick up out of the usual summer doldrums. Drop in busi- ness last w’^ek was particularly felt in the east, with rest of the country dipping less markedly. Although the dip was unexpected at this time, diskery execs are con- fident that it will not be perma- nent. Trade leaders explained it away by declaring that the dip was part of the pre-Christmas lull which, in former years, usually sets in a bit later during the middle of November. HEIDT ORDERED TO PAY PIC SCALE FOR TV FIIM Hollywood, Oct. 31. American Federation of Musi- cians hauled Horace Heidt on the carpet and ordered him to pay sidemen film scale of $39,90 for each three hours of soundtracking a television film which batoneer had made as an audition reel. Heidt’s manager, Art Thorsen, had notified AFM the film never would be used on video, thus win- ning okay to make the reel at au- dition rates pf $9.20 per hour. AFM officials subsequently spotted film on a Philip Morris program and I ordered Heidt to pay up. A Novelty Lyric With all the disturbance among writer-members of the American Society of Com- posers, Authors and Publish- ers over the new 60-20-20 writer distribution plan, many of the Tin Pan Alley denizens are maintaihing their sense of humor. Latest gag about the get - that - performance setup concerns the songwriter’s new demands in placing a tune with a publisher: “Don’t give me an advance; I don’t want any royalties. Just make my song your No, 1 plug.” Hit $233,000 in 34 Dates; Billy’s 130G Billy Eckstine and George Shear- ing grossed a solid estimated gross total of $233,200 in 34 concerts on their nation-wide one-nightpr tour. With three more scheduled, two in Carnegie Hall, N. Y., Nov. 11, and one In Uline’s Arena,. Washington, D. C., Nov. 12, totM is likely to hit over $270,000. Under the arrangement, Eckstine should emerge from the tour with at least $130,000. Singer was in on guarantees up to $3,500 per night against 60% of the take. Pianist Shearing, working on a straight $750 per night, should come out With almost $28,000. Tour opened Sept. 15 al the Shrine auditorium, Los Angeles, grossing its highest take, $15,100. In Oakland the following night, pair grossed $10,400. In Chicago, Oct. 1, concert took in $12,700, and in Pittsburgh, Oct. 11, audi- ence paid $10,700. One other town in which the pair hit over $10,000 was Montreal, Oct. 23, in which they hit $10^200. Tour Was booked by Shaw Artists Corp. in cooperation with the Wm. Morris office. M-G-M Rec- ords, for which both Shearing and Eckstine record, handled much of the promotion through its distribu- tors and through M-G-M Pictures’ field exploitation men, who were ordered to pitch in. Eckstine is also under film contract to Metro. Dinah Shore Back To Coast After TV, Diskii^ Dinah Shore planed back .to the Coast Sunday night (29) after cut- ting several pop tunes for RCA Victor in the songstress’ initial wax- ing session since she switched over from Columbia. , Miss Shore was also slated to fill the Ethel Mer- man role in Victor’s cast-album ver- sion of “Call Me Madam,” but this project was temporarily delayed until early next week when Miss Shore returns east. Miss Shore’s weekend etching date was supervised by Henri Rene, Victor’s Coast recording chief who preceded the songsti'ess into N. Y. early last week. She came east to appear on Jack Benny’s preem TV show on NBC Saturday night (28): She and Benny will plane to Eng- land next Tuesday (7) for the Com- mand Perfonhahee. Cugie’s 4G in Omaha ' Omaha, Oct. 31. Xavier Cugat grossed $4,000 in a one-nite .stand at Peony Terrace here Saturday night (28) at a $2.20 tab. The same night, the “Jazz at the Philharmonic” troupe drew 1,700 customers at the Technical High School. Top wa$ $3.60), Society of Composers, Authors ahd Publishei's to achieve some modifl- catibn of the new 60-20-20 writer ^ distribution plan will begp to take shape today (Wed.), when the so- ciety’s classifications committee meets officially to chart a course of action. It is almost certain that the committee, members and ad- juncts of which, have been meeting daily for the past week or more, will conclude that some modifica- tion is necessary. One of the forms of action ASCAP will take insiders indicat- ed, will be a request to the Dept, of Justice to release it from the , three-year period in which the distribution plan must remain in effect. Under terms of the consent decree, the distribution plan must continue in effect for a trial pe- riod of three years before any new plan or modifications can be in- stituted. ASCAP officials will point out the alleged inequities under the new plan aiid plead that it, does not achieve its purpose. ASGAP officials have already talked to Government attorneys about the results of the new sys-. tern on an unofficial and informal level. The talks took place last W’eek at the UNESCO copyrights meeting in Washington around a dinner table It’s said the Govern- ment ^attorneys take the position that it was ASCAP’s own plan and that it’s up to the Society to find its own remedies. Meetings to Continue Meeting today. follows a series of confabs since the checks for (Continued ^on page 42) , « M-(^M Beat’ On IWailani.’‘Dolls’ M-OM Records scored a mer- chandising beat bn the industry this week by getting the first long-play- ing records of songs from “Call Me Madam” and “Guys and Dolls’* on the market. To top it off, the two show scores were combined on one LP. Long-playing disk features Russ Case orch, Jack Carrbll, Bennie Lake and Cece Blake on four of the Frank Loesser “Dolls” tunes, and Billy Eckstine, Johnny Des- mond and Art Lund on four songs from Irving Berlin’s score. Some of the numbers had already been Issued as singles, but werfe com- bined with new waxings for the LP. Meanwhile, Mercury Records is speeding up release of a similar LP that will feature Frankie Laine, Roberta Quinlan, Joyce Indig and David LeWinter’s orch on tunes from both shows. The Mercury [ record has been in the works for some time, but M-G-M beat it to the punch with its disk. All of the work on M-G-M's disk •was done within the past two weeks, and the record hit the mar- ket Monday (30); Diskery is now in production on a 45 rpm album of the same . thing. -M-G-M first hished the LP out, then set pro-* duetion on the 45s. PEACE MOVES SET IN SINATRA, MCA RIFT Efforts are currently being made to patch the rift between Frank Sinatra and Music Corp. of Amer- ica Although Sinatra’s pact with MCA has another year to run, the sipger threatened to piill out last week after an argument with the agency. Sinatra has been tiffing with MCA for some time, the lat? est blowoff resulting frorti the handling of his video show. MCA acquired Sinatra eight years ago when it shelled out $50,-* 000 to take care of previous per- sonal management contracts with Tommy Dorsey and Leonard Van- nerson, Dorsey personal manager at that time.