Variety (April 1953)

58 ORCHESTKAS-MIISIC Wednesday, April 15, 1953 RETAIL DISK BEST SELLERS Variety Survey of retail disk best^ sellers based on reports ob- tained from leading stores in 10 cities and showing com- parative sales rating /or this and last week. National Rating This Last wk. wk. Artist, Label, Title M 01 u 0 ■«-> w a M a> > as Q 1 M *4 o i* * <0 & u ai M as E as (5 e cs £ d & 0 *“D 1 IS a « tj «*** •e 4 X! cu w n O « d 0 w 73 3 w 1 « o •N rd O o w 3 o w o C/3 3 s to * 73 3 & w 3 O *4 CO OT 3 s O) d 2 d O) *-9 t>> -*» O W CS CA S cs w £ as at *4 d 0 Q w 1 HN «W 4 & os ® d d t; as s 'd Sh o 0 0) « 1 d as- »•« <u > 01 >> as r—( 0 1 d as a> 45 03 V cs 41 cn T O T A L P 0 1 A T S FIVE TOP ALBUMS Auld Collapses in Philly Philadelphia, April 14. George Auld, tenorman heading combo at the Blue'Note Cafe, col- lapsed On the stand last week and asked out on the engagement. Owner Jack Fields replaced Auld with Buddy De Franco unit. Auld had been trying to fulfill cafe dates here and rehearse dur- Moving Up Fast On Alt Lists! sings I’M THE KING OF BROKEN HEARTS 4 on Columbia Recorc/s DARTMOUTH MUSIC, Inc., New York 36, N.f. - Gilbert Exits Music For Telepix Spdicate George Gilbert, vet songplugger, is exiting the music business for a salesman’s post with Prockter Products, producers of syndicated TV film series. Gilbert was with Jefferson Mu- sic recently and previously worked for Chappell, Famous and Irving Berlin music firms. R&H Sue Miami Beach Nitery for Infringements Miami Beach, April 14. Suit in Federal Court here was filed last week by Richard Rodgers 8c Oscar Hammerstein 2d, and Wil- liamson Music, a Chappell subsid, against the Palm Island Latin Quarter charging infringement on their song copyrights. The Lou Walters-E. Ai. Loew cafe is charged with using “Some Enchanted Evening,” “How High the Moon,” “It’s Delovely” and “If I Love You” without permis 1 sion. Plaintiffs are asking the court to assess damages and attor- ney’s fees. Former assistant Unit- ed States attorney for this district, Ernest,L. Duhaime, who is repre- senting the complainants, revealed that similar suits are to be filed on behalf of Rodgers & Hammerstein against- several other large night clubs in the area. M-G-M Tags Elliot Bros* During his recent two-week Coast hop, Harry Meyerson, M-G-M Records artists 8c repertoire chief, inked the Elliot Bros, orch to k longterm pact. Crew has been play- ing Coast dates only for the past couple of years. Yanks Yen Bigger Jap Payoff Continued from page 49 are convinced that Japan should i be a lucrative source of income. Yet Fox’s principals have repeat- edly complained of their trivial re- turns from Japanese phonograph recordings and almost negligible returns from publication. Accordingly, the music men have requested Fox to formulate the most practical method of proce- dure. It was finally agreed that Abeles should be retained lo make an on-the-spot survey, effectuate most advantageous method to li- cense, collect and audit for phono- graph recordings, take proceedings for the collection of back mechani- cal royalties from 1945, and facili- tate publication. As Loew’s and 20th Century-Fox have a substan- tial interest, through their Big Three music publishing companies, Abeles will have the full coopera- tion of their respective Japanese office personnel. From 1945, during the period of the American occupation, the U. S. copyright law was in force. Since the peace treaty Japan has been a member of the Berne Conven- tion, and copyright protection has been obtained by American music publishers under the Japanese law by simultaneous publication in a Berne convention country, i.e. Eng- land. Accordingly," American pub- lishers, having had full copyright protection for their works in Japan since 1945, want to be paid for this eight-year period, and be assured of their future returns. George Thomas Folster, the man- ager in Japan of Ralph Peer’s -Southern Music Publishing Co. of Japan, Ltd., has represented a number of American publishers in the past, under an agreement to license and collect for mechanical productions on a 25% commission basis. No Intermediary It is Abeles’ intention to effect an arrangement for the collection of recording fees without an inter- mediary. He will have the fees transmitted direct to Fox and the MPPA through , the Japanese branch of an American bank, and employ the Japanese office of one of the leading American account- ing firms to make a regular audit of the books of the Japanese record companies, and to see that payment is regularly forthcoming. He feels that this will give the American publishers the utmost safeguard, and the fullest returns at the least cost. While he anticipates an amica- ble settlement for back royalties, if necessary he will retain the Japanese office of one of the lead- ing American law firms to institute suit in Japan. The principal record companies in Japan are Nippon Columbia Co., Ltd., representing Columbia; Vic- tor Co. of Japan representing RCA Victor; King Record Co., Ltd., rep- resenting Capitol; Teichiku Indus- trial Co., Ltd., representing Decca; and Taihei Record Co., Ltd., repre- senting Mercury. Records are stamped both from matrices im- ported from the U. S. and original recordings made in Japan. While in the past the royalty rate has been 4% per side of the retail price (approximately 334c.), in recent contracts submitted to American publishers the rate per side for future recordings has been 2% of the retail price, or 2c. per composition, whichever is the greater. Irt January of this year an agree- ment was consummated by the American Society . of Composers, Authors 8c Publishers, through Folster, with the Japanese per- forming rights society, whereby Folster represents the interests of ASCAP on a 'commission basis. The Japanese Society of Rights of Authors 8c Composers (known as JASRAC) was incorporated in 1939 “to protect the rights of copyright- holders of musical works” and to make “connections with foreign so- cieties concerning mutual- protec- tion of copyrights.” Being strictly an authors’ and composers’ society, it licenses all rights and fixes and collects tha royalties and fees for all uses of its members’ works, including Der formance, publication and phono, graph record, tape and motion pit*, ture -recordings. The public per. formance fees for • operas are of the total gate receipts, for con- ce l tS /?Z ld recital £ from 150 to 450 yeh (40c. to $1.25), depending on the type of work, for each five min- utes; for theatres from 75 to yen (20c. to $1.25), depending on the seating capacity and admission charge, for each five minutes- for radio broadcasting from 120 to 4sn yen (33c. to $1.25, depending upon the station kilowatts) for each five minutes; and for film recordings a graduating scale depending on the type of film and musical work The film recording charge is 2 000* yen ($6) for the music and 2 000 yen for the lyrics for each five minutes of a theme song. The per- forming fee of a film is 20% of the recording fee. There are 358.45 yen to one U. S, dollar. Blasco Music, in K.C., Sets Up Folk Diskery Kansas City, April 14. Growing popularity of country songs is reason for several changes in operation being made by Blasco Music, long-time publishing firm here. First move came last week when Lou Blasco, company presi- dent, announced the organization of Cardinal Records. Frank Blasco, a brother, is president of the new recording firm. At the same time Blasco an- nounced Midland Music Company is being reactivated. It was formed some years ago as a Broadcast Music, Inc., affiliate, but has not been in operation recently. Blasco Music is the ASCAP phase of the operation. Need for setting up the new operations springs from Blasco’s advent into the field of country songs. He is the publisher of four new tunes written and sung by Jimmy (Driftwood) Morris, Arkansas te,acher and folk lore lecturer. ‘Biggest Show’ Grosses 13G in Mpls. Stand Minneapolis, April 14. “Biggest Show of 1953,” with Frankie Laine, Ella Fitzgerald and Woody Herman orch, grossed a good $13,000 for two Sunday night (12) shows at the 4,000-seat Radio City Theatre at a $^.60 top. Performances were at 7 and 10 p. m. and earlier one pulled the larger audience. Ezra Rachlin was signed for an additional three years as con- ductor of the Austin Symphony Orchestra, Austin, Tex. Rachlin has been at the helm for the past four seasons. FOR V OTHER'S OAT PROG RAWING' mother s m eyes H I.E0 FEIST. INC New! Unforgettable! “THAT’S WHAT YOU USED TO SAY” A fencltr, hauniing ballad MABEL BUGH MINSON Pub. Co. (BMI) 2294 44fh Ave. San Francisco# Calif. America's- Fastest -Selling-Records!