Variety (December 1954)

Wcdncidiyt Pwtipbcf 22 , ^954 MUSIC NEW BIZ HORIZONS FOR DISKS BMI Wins Sundry Legal Decisions SARNOFF SEES In Prelim Exams of Suing Cleffers j|g Problem of Copyright Renewals Due to Be Intensified in 1955 The 33 songwriters suing the4i ——_ broadcast industry and Broadcast tIm Fen Alley Vet Music Inc. for $150,000,000 in an antitrust suit suffered a •ctbac-k A1 Stillman last week, when N. Y. rederai Judge E. J. Dimock ruled that the has authored plaintiffs could not begin immedi- , . _ _ . ate examination before trial of the A Practical Catechism defendants. The judge said that . , , BMI. which has only examined 10 f OT Lyrical Neophyte* of the 33 songwriters, should first * * * complete Its examination of the remaining 23 cleffers. a bright by lino piece The judge, however, stipulated la Hie upcoming that this examination must be . completed within the next 30 days. 4Vth Anniversary Number That, however, is contingent on the ability of John Schulman, attorney oT for the songwriters, to produce the f/ fe rir C v rest of the plaintiffs in N. Y. for rJVKMUri I •*<* the examination before trial. That OUT SOON may prove a difficult assignment, since some of the writers are out ~ may * v * n 1,0 out of SacksDenies BMI also has won court rulings b/UVOO I/UIUUO under which three songwriters were ordered to answer specific P 1 TJ queries put to them by BMI at- ^\1U|TP|| pFAf|) torneys. These questions sought A A Will to link the American Society of Composers. Authors It Publishers, If* ■ ■ Iinri with which all of the plaintiff VM*l01T |A H|K( songwriters are affiliated, to the * IvlVI Iw lll/v suit. The court has also ruled that the songwriters have the right Recurrent rumor that Manie to examine BMPs books but only Sacks, RCA v.p., was exiting his Tin Fan Aliev v»t Horizons for the disk industry y art due for a tremendous expan- A1 Stillman sion in the next half decade, ac- cording to RCA board chairman bos authored David Sarnoff. In his year-end j n . . statement to RCA stockholders, 4 Practical Catechism Samoff predicted that about 20,- n r • v wr i . 000,000 phonographs are expected Or Lyrical Neophytes to be produced and sold in the next . * * * fiv e years. That will virtually double the o bright byline piece gross of the disk industry if the in the upcoming current rate of sales per machine * 9th Anniversary Number . S&.&SirE TSJSSKS of of the 33 and 45 rpm speeds back in 1948-49 greatly increased the ^ number of record players in use ~ IT ,r cnnw * Compared with only 16,000,000 CtC 1 aOUIi phonographs in use at the end of ________________________ World War II, today there are I # more than 25,000,000 turntables. O OilC I lAniAC Many of these machines, moreover, flv llj I/CIUCO are equipped to handle all three disk speeds (including the old 78). n •. 1 Wl Sarnoff saw a reciprocal action \|AT|fpn H |*AVYI between the upped phono sales and iiVvlIvll 1 I Ulll the disk gross. He said: “Renewed popularity of the phonograph is ex- ¥?• _ pected t0 continue to increase the Vl/*lAF IA IMKI number of machines in use and V IvlUl IU lil/v this, of course, will mean greater sales of records.” Sarnoff spotlight- Recurrent rumor that Manie ed Victor’s introduction of the Tin Fan Alley'* Arnold Shaw hot written another authoritative clotuup ou the music business 7 Just Love It 9 * * a one of the many byline pieces in the forthcoming 49th Anniversary Number OUT SOON Sacks Denies Switch From Victor to NBC lore than 25,000,000 turntables. | lany of these machines, moreover, iV Vl. 1 re equipped to handle all three 1,2)VTOiriltf)PI IVmV isk speeds (including the old 78). VW1 UUVUUVI 1T1UJ Sarnoff saw a reciprocal action ~ - etween the upped phono sales and V/sIIia IIuua# tie disk gross. He said: “Renewed IflJSI opularity of the phonograph is ex- erted to continue to increase the -- . ««y a u vm «11 umber of machines in use and UaaaIa 11/.iL his, of course, will mean greater []dSSI6 nllil 1T1111S ales of records.” Sarnoff spotlight- iiiui muav r.I^ r ’ S H- intr0dUCt i° n . , lhC Amicable talks are currently tin- Srs?SS.b'STttbetween Hoagy Carmichael t The chronic problem of renew- als, with the continual threat of lost or split copyrights for the old- line publishing firms, is due to be intensified next year. The question of renewals, in fact, has become one of the major headaches of the music biz in view of the flock of valuable copyrights written in the late 1920s on which the first copy- right term of 28 years is now run- ning out. * The top publishers are not wor- ried about each other as far as angling for renewals is concerned. There is apparently some kind of gentleman's agreement among the oldline firms not to compete for re- newals, but rather encourage the writers to let their tunes remain where they are. That, however, doesn’t go for the younger firms in the business. Some of these have been aggres- sively competing for the renewals by dangling fat advances, ranging up to $10,000, before the writers. Oldline publishers can’t or don’t want to meet that kind of front money, and have to sell writers on renewals on the grounds that they are better equipped to handle I the sustained exploitation that a ‘ standard needs to earn steady disk, sheet and performance revenue. Added Threat Another threat to the oldline on BMI premises. In addition, P?st as general manager of the this year which by raising the rim : and o£ Mms rfusic on the „ KH°h « tu ."i® the plaintiffs must keep any in- Victor disk division for a top spot and centers of the platters, pro- Coast for a settlement of the song- publishers lotting the renewals formation on how BMI acquires its in the NBC web again cropped up tects the playing surface. | writ e r * s court action to get b£ck ste ™ 8 fr ™ th p e aclio " s „ of ' vrdel s contracts confidential. this week and again was flatly de- The RCA exec also stressed the ( the copyrights on some dozen mk-ha^l ^ The songwriters’ suit, launched med by Sacks. Rumor apparently importance of the hi-fi movement ; son gs. including the standard, “Star Both are involved ?n court l S In November. 1953, alleged that stems from the fact that Sacks was in stimulating the sales of disks. Dust.” No definite agreement has V *?i iJil..®?? r A _ su j!5 down the performances of tunes basis with the idea that he would in 1954 by 50% over the previous I i n g favorably upon a "deal" under tbe ' songwriter assigned his copy- by writers who were not affiliated resume his activity as an NBC exec. year. “It is estimated,” Sarnoff j wh i c h the Mills firm would retain wh*n he inked the orirtnafDart At tiilli D T A Ica n o m o Q C Ho. C C 9 lH Ho HaH n n ini anlinn CQlH t Hn annual rot oil r aloe n i a. _ V\ il s. II lit? 1 D K P (1 IMC 011 x 11131 UoCv. A l with BMI. Also named as de- Sacks said he had no intention said, “that the annual retail sales the copyrights, fendants were RCA Victor and of getting out of Victor, although total of $225,000,000 will rise to Carmichael, Columbia Records, both of which he would like to spend more time (Continued on page 46) tornev Lee V Columbia Records, both of which he would like to spend more time are subsidiaries of broadcasting on the broadcasting end. He sug- networks. gested that RCA toppers w’ere in no mood to “divorce” him from the _ i disk operation at this time. “My livn RaTkIK Annincf duties with the company today,” JHIl Ddthuo AUUlUg Sacks said, “are the same as they New Facet to Career wcre last year ' As a matter of fact With Col Disk Deal Hollywood, Dec. 21. Triple and quadruple threat men \a iiicii me rnu» nrm avouiu leiain when he inked the original pact . At the copynghts. ... . the present time, under the Song- Carmichael, represented by at- writers Protective Assn, basic con- torney Lee V. Eastman, launched tract, the writer automatically gets « ‘h« NBC ,abel switch when his current pact board and have been some time." wlth MGM ReC ords winds up in his suit against Mills a year ago, nt.n....../. BaiMM under which he challenged the tSHFARINfi'MAPS SWITCH* copyright renewal clause in the JllEiAIUmi IVl/UJ OIU tun, original contracts he signed with CliFN CWIiarTNr Tn TAP the publishing firm. He sued for uLLil uTTlilulilU IU v/lf return of the copyrights in a case George Shearing is mulling a that promised to be precedental for bel switch when his current pact (Continued on page 48) Atlantic Pacts Hunter February. Shearing, one of the few keyboarders of the modern Triple and quadruple threat men Atlantic Records, indie rhythm school to crack through commer- AlMflii tn Pnl Rncfar are becoming almost commonplace At blues label, has tagged Ivory daily, currently is being dickered /1UUCU IU 1411 11U5ICI in show business, but Jim Backus Joe Hunter to a longterm pact. b y several major diskeries. It’s Columbia Records has inked apparently Is out for the decath- Hunter already has cut his first expected, how'ever, that he’ll swing crooner Don Cherry to a special ..1* suii dKdii.M mills a year a K o. (Continued on page 46) under which he challenged the copyright renewal clause in the original contracts he signed with the publishing firm. He sued for fjOIllUDflO liOS 10 U01, return of the copyrights in a case », , ni*r I that promised to be precedental for AtW€U 10 I QUIDS ill (Continued on page 48) n • i i l o • i ii „ i /n Label Switches Hayes-Healy, Cherry London, Dec. 21. . . * , n Edmundo Ros and Winifred At- Added to Col Koster 1 wel1 are * witchin « disk affiliations. ^ , ‘ n , ‘ , Trinidad pianist Miss Atwell. Brit- Columbia Records has inked I a i n ’s topselling pianist on wax, who crooner Don Cherry to a special ; came from Decca to Philips early four-side deal. Cherry previously ! in 1953f lg now returning to the Ion record. Already established sessions for the label and they’re over t0 Capitol Records. four-side deal. Cherry previously i 1953, jg now returning to the in seven different fields. Backus being prepped for release within Shearing has been with MGM recorded under the Decca banner, j Decca fold. Among her first record- will invade a new branch of the en- the next few weeks. since 1949. He’s currently appear- Also added to Col’s roster last ] j nes f or r> e cca will be the Grieg tertainment industry in 1955 when he becomes a disk artist. Deal has been set with Mitch Miller for Backus to record for Columbia Records, the terms to be finalized as soon as the suitable property is obtained. Etching 1 either singles or an album, will probably be based on the “Mister Magoo” character which Backus created lor the United Productions of America cartoon series. In the last year and 1 half. Backus has appeared regularly on the “I Married Joan” tv series; had a featured spot in “Deep In My Heart” at MGM; broke in « new nitery act; continued guest shots on radio as “Hubert Updyke,” the richest man in the world; starred *s “Magoo” iq the award-winning aeries; did “The Man Who Came to Dinner” in stock; sold a screen- play, “Big Talent,” to MGM and j another to UPA; and did the voice of the villain Judge Hawkins in the cartoon feature version of the Broadway hit “Finian’s Rain- bow.” Actually, Backus made his re- cording debut on “Finian’s.” since it was strictly a vocal stint. Capitol Records will release the sound- track album, so Backus will be heard on disks via Capitol before his Columbia deal gets underway. Betty Johnson to RCA Betty Johnson, member of the singing Johnson Family which is on RCA Victor’s roster as a coun- try group, has been inked by the (liskery for pop singles. Miss Johnson had been cutting solo sides for Bell Records, the j 1 ocket Books’ lowpriced label. MGM Records. 1 nitery. his wife Mary Healy. OUT SOON The 49th Anniversary Number e next few weeks. since 1949. He’s currently appear- Also added to Col’s roster last j ngs f or Decca will be the Grieg Hunter previously etched for ing at Birdland, New York jazz w-eck w'ere Peter Lind Hayes and pi ano Concerto, which she recent- GM Records. nitery. his wife Mary Healy. l y p i ay «d as goioist with the Lon- ■■ don Philharmonic Orchestra at the - .. ' I Royal Albert Hall. • Britain’s top Latin • American oatoneer, Ros, is going over to Co- lumbia. Contracts were signed last m V week and the first session will take fl I T ■ >1111 |\| place on Jan. 10. JL A m Ros, who is addition to being one of the country’s busiest band- leaders, also owns the New Coco- nut Grove nitery on Regent Street. I H0 , He has been with Decca since 1941, and his contract expired in August 49th Anniversary Number of thl5 — DANNY THOMAS FORMS °‘ OWN PUBLISHING CO. Hollywood, Dec. 21. - Now, it’s Danny Thomas, music 'Mr /1 f V* PU Comedian is head of the new W M M pubbery Dan’s Tunes Inc., founded with his brother, Ray Jacobs, and his longtime pianist-arranger Wal- Forms dosin 9 shortly Usual Advertising rates prevail M&i D * n ' 8 Tu "' s * s Special exploitation advantages DietrichsBriL ^ Marlene Dietrich’s nitery stint Copy and space reservations may be sent to any Variety office . er.fmontha b^n’pi* into NEW YORK 3A HOLLYWOOD 21 CHICAeo 11 LONDON. W. C. 2 in* Lp’paeluip by'Columb!TRe<> 154 W. 44th St. 4311 Yucca St. 412 N. Michigan Ava. I St. Martin's Place ords early next year. Platter was Trafalgar Square etched during one of Miss Diet- rich’s performances at the nitery. , Album already is on release in . England under the Philips banner. Forms closing shortly Usual Advertising rates prevail Special exploitation advantages Copy and space reservations may be sent to any Variety office . NEW YORK 34 154 W. 44th St. HOLLYWOOD 2$ 4311 Yucce St. CHICAGO 11 412 N. Michigan Ava. LONDON, W. C. 2 I St. Martin's Placn Trafalgar Sqnara contracts confidential. this w-eek and again was flatty de- The RCA exec also stressed the j the copyrights on some dozen mk-hael (Seo^seoaratP JtorV) The songwriters’ suit, launched med by Sacks Rumor apparently importance of the hi-fi movement | son gs, including the standard, “Star Roth are involved m court sihs in November. 1953, alleged that stems from the fact that Sacks w’as in stimulating the sales of disks. Dust.” No definite agreement has u ,, ar f m *u v iiJ?* co , i su ,^ the broadcasters and BMI w r ere originally moved into the disk divi- He said that in the hi-fi instrument been reached as yet but it’s un- cha | ,en £ in £ validity of the old involved in a conspiracy to hold sion early in 1953 on a “temporary” field, the industry increased sales derstood that Carmichael is look- f. onlract Provisions under wnicn , A