Variety (December 1951)

Wedn—<Ur» D»wW It, 1951 ORCHESTIIAS-MtJSIC 4S TALENT Likelihood of an early settle-^ ment via court arbitration of the dispute between the American So- ciety of Composers, Authors and Publishers and the indie television stations, over per-program license contracts, has virtually disappeared in the last couple of weeks* The original schedule, which called for the beginning of hearings in N. y. Federal Court in late November, has given way to elaborate leg^l fencing by both sides. . . Next step # for ASCAP attorneys will be to ask for an examination of the TV indies before the formal hearings open. Main target of the ASCAP strategy will be to estab- lish favored treatment towards Broadcast Music, Inc., by the tele- vision broadcasters. v Stress on the latter point will be made in order to buttress ASCAP’s petition for an amended antitrust consent de- cree under which ASCAP will hot have to provide a per-prograriv license to TV stations that have a blanket agreement with 4SMI: Under the antitrust decree as presently in force, ASCAP is re- quired to offer per-program licenses to any station not wanting, a blanket deal. Over 50 TV indies are involved in the current hassle over the per-program rates pro- posed by ASCAP. With both par- ties failing to reach an agreement by direct negotiations, the TV in- dies asked the Federal Court to determine, a “reasonable fee” as provided for in the consent decree. Following ASCAP’s examination of the TV indies before the hear- ings, the reverse procedure will probably occur. With plenty of complicated legal red tape still to be unravelled, ASCAP execs do not expect any decision in the case before late 195?, if then. The in- die TV stations are currently us- ing ASCAP music under an interim agreement. ■ In a reciprocal song-pix promo- tional hypo, the Big Three’s Rob- bins Music firm is latching on to the background score of the Metro Pic, “Quo Vadis,” with a three- pronged push Into the pop, edu- cational and symphonic fields. It will be one of the most extensive drives framed around a non-musi- cal film. For the pop market, a specially written number, “Lygia,” will be exploited via disks and sheet mu- sic. Tune has been written by Miklos Rosza, who did the film’s score, with Paul Francis Webster furnishing the lyric. Number is titled after one of the film’s char- acters. Rozsa has also written a "Quo Vadis Suite,’’ symphonic synthe- sis of the score’s theme. This work is being made available to longhair orchs throughout the country for regular programming. For the edu- cational and band field, Robbins has prepared another elaborately illustrated folio with excerpted highlights from the pic’s score ar- ranged for school use. Folio will ft PG^ed ih Ibcal schools and libraries in conjunction with the pic s national release scheduling. Chicago,' Dec. 1L - Flanagan's orchestra, to^ gether with the Mills Bros,;, racked up a big $67>0tH) for 14 concerts ; er ® t _ in the midwest despite bad weather. Tour, Which started in prand Rapids Nov. 16, wound up in yivansyiUe, Ind., Nov. 29. High grosser of the circuit was the two-a-day at the Quiraby Audl- Ft Wayne, which grabbed Group were" almost, ma* rooned several times due to snow squalls and sub-freezing weather. Concerts will be repeated next fall to September* E. C. Mills fives accent to the belief that i Hofne 9 ft.O. for Tele Islnevitable another editorial feature In the upcoming 46th Anniversary Number of London, Dec. 11. The emergence of a third major pop disk company in this country under the banner of the Philips Co. of Holland is meeting unani- mous acclaim by the British pub- lishing industry. The new label’s entry into the British disk field was heralded last week by the an- nouncement that U. S. Columbia Records had made a deal with Philips for exchange and distribu- tion of masters for England and the Continent. Up to the time of this deal, pubs here have _ been operating in a situation where only two com- panies, British Decca and EMI (Electrical & Musical Industries), have had life-or-death control over their tunes. EMI, whose pact with U. S. Columbia expires shortly, con- trols both the British Columbia label and the HMV (His Master’s Voice) company, which has ah ex- change and- distribution tieup with RCA Victor in the U. S. Buildup , of the Philips label under the well-heeled aegis of the mammoth parent company in Hol- land is seen giving British pubs an important new outlet for their songs. It will also check the near- monopolistic hold over the song (Continued on page 4?) Although ,1951 has been the big- gest year for new disk talent in more than a decade, newcomers on Wax are still battling against the odds of top-heavy name star setups at the major companies, Big coin guarantees, up to $100,- 000 in some cases, to a select roster of top names at each disk company are forcing the wax company execs to give the stars the choice mate- rial and heaviest promotion in, or-, der to get off the financial hook. Many of the so-called “stars” on Wax, however, have faded badly in the past coupler of years and have, not been paying off • on their guar- antees despite, the favored treat- ment. As a result, the newcomers have been taking the rap. Most of the major companies are ribw writing contracts with new talent that call for a 2$&%. royalty on the retail price of the disk, less 10% for re- turn privileges. Out of that 2Vfc%, the artists, have to pay for their own recording session costs. . With each disk costing from $750 to $1,000 for musicians, chorus, bandleaders, arrangers, etc., the newcomers have to sell about 50,- 000 records before they start clear- ing any royalties. If royalties from the sale of any single disk fails to meet the recording costs, the deficit is backlogged against future platter releases. Some of the newcomers have amassed considerable deficits cov* ering disks that have failed to come through with the minimum of 40,- 000-50,000 sale, hies, of ' course, The disk compa- foot the bills for the recording sessions up. to such time that the talent can pay off. The newcomers not only fail to buck their indebtedness to the disk companies, but are also handi- capped by;. assignment of lesser tunes and the lack of coin for pro- motional purposes. Only a sensa- tional break-through, such as marked the careers of Tony Ben- nett, Rosemary Clooney and Guy Mittfhell, among few others this year, can produce any coin for the new talent. The great majority of them are lucky to wind up even ;at the end of each year, so that they can share in the gravy once a bit comes along. Otherwise, the ac- cumulated deficits eat up the roy- alties on the big-sellers. Despite the paucity of coin in- volved in disk contracts, the young vocalists/and bandleaders are still (Continued on page 47) Veepfee pf Pitches* Music Arnold Shaw v; dUcourips on From the Music Rack’s Loaded Lingo one of tho nioiiy bylln# pfocos In tho 46th Anniversary Number of OUT SOON Following Dave Kapp’s takeover of the pop artists and repertory spot last week, RCA Victor is re laxing its releasing policy, to give the diskery greater flexibility in covering potential hit tunes. New policy will be a radical switch from the previous operation of virtual accent on .“exclusives,” with con- comitant bypassing of tunes record- ed initially under other labels. . First indication of the policy switch is seen in Kapp’s decision to cover two numbers which have al- ready been put on the market by Decca. Numbers are “Snowflakes” and “Tell Me Why,” which Kapp is giving top coverage. “Snow- flakes” has been cut by the Freddy Martin orch with the Fontane Sis- ters and Mery Griffin while “Tell Me Why” is being rushed via an Eddie Fisher slice. Kapp’s policy is based on the belief that it will pay off to cover all worthwhile tunes. Even though other diskeries may have an edge in getting to the retail counters first in some cases, it’s held that another good interpretation by a major artist can share in the sales, In many instances, a later version is able to knock off the earlier side. The previous policy stemmed from (Continued on page 47) Taking" the first step towards a showdown with a small group of publishers who are not permitting SPA audit of their books for one reason or another, several writer- members of the Songwriters Pro- tective Assn, notified the E.. H. Morris and Leeds music firms last, - week that they Wanted their copjk rights back. ; Both Morris and Leeds, for different reasons, have been hassling with SPA over the audit procedure. Although the initial action against .the pubs was taken by in- dividual writers, the pattern indi- cated that SPA execs and lawyers were masterminding the maneuver. The cleffer letters were identically worded, each stating, that they wanted release of their copyrights because of alleged failure of the pub firms to comply with the audit provisions of the SPA contract. If, as likely, the pubs refuse to return the copyrights* the SPA writers will, they feel, then have the basis for a court action sterm ming from an alleged contract violation.. At such a time, the SPA may enter the case as an interested party. Lee Eastman, attorney for Mor- ris, said “affirmative action” has been taken tb meet the SPA move, but refused to disclose what it was. It’s understood that Morris, through Eastman, Is trying to ar- rive at an amicable settlement with SPA before the dispute gets but tof hand. Morris is not protesting the audit but has barred the audi* tors, Ed Traubner arid Dave Blau,, from looking through his books*** #) the grounds that the latter two are too wrapped up with publish- ing arid writer-agenting deals. It’s understood that, the Leeds- SPA conflict stems from a disputed interpretation of the SPA contract, with Leeds claiming that SPA is entitled to examine its books only back to a certain date. Leeds was among the first publishers to permit the SPA audit until the difference bn: the audit proviso de- veloped. Warner Bros, has made a new five-year deal with Herman Starr, WB veepee in charge of the film company’s music combine, Music Publishing Holding Corp. Under he pact," which will, run to Decem- ber, 1956, Starr will get $1,500 weekly. New. deal replaced a five- year pact which would have ex> pired next August. Current pact provides that WB can cancel if Starr is incapacitated for 16 weeks or more. 4 Hollywood, Dec. .11. Music publishing firm has been formed by A1 Rinker, formerly of the Rhythm Boys (Bing Crosby, Harry Barris) and Charles “Bud” pant, radio music director. Both being ASCAP writers, they have applied for membership in the Society as pubs. Firm is called Christopher Mu-, sic Co. and both will contribute their own numbers in addition to outside compositions. First in their catalog is “It’s Some Spring,” by Noririan Luboff arid Dorothy Browrii Canadian non-pro. .Tfcijk. Will also have N. Y. representation. McKean New Merchandise Mgr. for Col. Masterwoirks Gilbert : S. McKean has been riaiped merchandise manager ., of (Columbia ttecords Masterworks di- vision* replacing Bob Kirsten who resigned. McKean was formerly vice-prexy I of London Records arid branch I manager for Decc|.