Variety (March 1957)

52 MUSIC Tobiases Test fonewalClause InSuitVsJof A new challenge to the copy¬ right renewal assignment clause in the old contracts between writers and publishers has. now come to the fore with a N. Y. Fedr eral Court action instituted.' by Charles, Henry and Harry Tobias against Joy Music on the tune,, “Miss You." This suit covers the same problem raised in the Billy Rose suit against Bourne Music over -“That Old" Gang of Mine.”' Latter suit has been pending in the courts for years. . Suit involves a highly important question for the music biz since most of the great, standards fpm the 1900s were assigned to publish- . ers- with an automatic renewal clause. Since the formation of the Songwriters •Protective Assn, early in the 19308, the renewal clause has been abolished and the copyright ownership reverts ba6k to the writer after the first term of 28 years. At that time, the writer or his estate has. a second crack at making a deal with the original publisher or. a new one. The Tobias brothers contend in their, action that Joy Music, which had the original copyright term via its earlier coinpany. setup as Santly-Joy Music, .made applica¬ tion for the “Miss’.You” renewal in March of 1956 'vyithout their per¬ mission. The Tobias’ freres had previously made :application for. renewal in behalf of. their owiti firm, Tobey Music. ’. Bafrons Beef Vs. Oscar On‘Electronic Tonalities’ In Metro’s ‘Planet’ Score Hollywoo(f, March 26. Oscar nomination .of Dr. Wesley C. Miller, head of Metro’s sound department, for best special effects on “1‘orbidden Planet” came under fire over the weekend. A strong complaint has been registered with both Academy of Motion Picture Arts & Sciences and Metro execs by Louis and Bebe Barron, who created the “electronic tonalties” used in the pic. The Barrens allege they were hired as indie contractors by Metro music topper Johnny Green to cre¬ ate the offbeat score for “Planet.” They claim that all Dr. Miller did was to dub in their electronically created soundtrack. The Barrens first contacted Acad execs, who stated., that the nomina¬ tion was chiefly a studio affair, they claim. In confabs with E. J. Mannix, they were then told that the Acad was responsible. So far, no one has offered to change the nomination, they state. Also under fire by the Barrens, is the Acad classification of their “tonalities” as special effects. Ac¬ cording to Louis Barron, they are neither music nor sound effects, but a hew art form deserving of a special category. ‘60-Songs-60’ Tag For" MGM’s lOth Anni Push “60-Songs-60” is the peg for MGM’s latest album promotion tied in with its 10th anni year. Diskery is issuing for April 1 release three separate LPs Containing 60 songs each cut by Dick Hyman with rhythm accompaniment. The LPs will be tagged “60 Great All Time Songs.” Separate royalty rate deals were made with publishers. It’s under¬ stood that the royalties are much less than the 2c. maximum per song. To get the packages rolling in ^ the market, MGM has set up a spe¬ cial introductory price of $2.98 each. The introductory offer rdns through April 30. MGM also is launching a special promotional drive on the three packages among dealers, chain stores, department stores, and disk, jockeys. Part of the campaign will include dealer co-op advertising and the availability of the three sets to radio stations at $1 each. Jerry Field has joined the indie Cameo label as national promotion manager* Wecli^wlay, March 27, 1957 HILLTOPPERS (Dot) ''Marianne”. 9 26 15 . 21 TAB HUNTER (Dot) “Ninety-Nine Ways”. 10 5 23 MICKEY & SYLVIA (Groove). “Love Is Strange”.... \ . 17A 15 PAT BOONE (Dot) ♦'Don't Forbid Me” . 10 1 8 8 . .. 5 .. .. 17B 18 PAT BOONE (Dot) “Why, Baby, Why”. 19 15 HARRY BELAFONTE (Victor) “Mama, Look, at Bubu”........ ROGER WILLIAMS (Kapp) “Almost Paradise”. 21 14 SONNY JAMES (Capitol) “Young Love”... ., . 22 STEVE LAWRENCE (Coral) “Party Doll”.. 10 23A ... ROSEMARY CLOONEY (Columbia) “Mangoes”....\ .. . 23B 17 FOUR LADS (Columbia) “Who Needs You”. 25 FESS PARKER (Disneyland) “Wringle, Wrangle”. CAIYPSQ Harry Belofontt Victor LPM 1248 EPA 1248 ’ MY FAIR LADY Broadway Cast Columbia OL'5090 CLOSE TO YOU Frank Sinatra Capitol W 789 ELVIS Elvis Prosley Victor LPM 1382 KINO AND I Film Soundtrack Capitol W 740 EAP 740 OKLAHOMAI Film Soundtrack Capitol SAG 595 SDM 593 7 AFTER MIDNIGHT. Nat. (Kina) Colo' Capitol W 782 .EDDY DUCHIN STORY Film Soundtrack Decca DL 8289 LOVE IS THE THING Nat (King) Colo Capitol. W824 22 21 4 21 20 19 18 16 12 12 6 10 11 10 AROUND THE WORLD IN BODAY! Film Soundtrack Decca DL 9040 Coast Local 47 Probing Bootleg Music for Vidpix; ‘Monsters Out of a Can’ Hollywood, March 26. Recurrent rumors of “bootleg” music for telefilms has prompted a drive by AFM Local 47 to dis¬ cover whether tune union members are engaged in tlie illicit practice.. Local is concerned over the wide¬ spread belief that some musicians have engaged in illegal recording sessions which have provided soundtrack music, but as yet. no concrete evidence has been un¬ earthed. Local 47 prexy Eliot Daniel, in a notice in the union’s monthly pub¬ lication Overture, warned that the local will bring charges against members caught participating in such sessions. '‘Canned music,” he said, “has now become a monster which has devoured a major por¬ tion of our business and threatens to engulf it completely.’' Windjammers have complained frequently in recent months that some of the canned music being used on vidpix appeared to have originated locally and not in for¬ eign countries a? generally believ¬ ed. Producers using this music not .only ..do not use live musicians but are not required to pay the 5% royalty fee to the Music Perform¬ ance Trust Funds. 1 In recent weeks,, it was indicated, the reports of “bootlegging” of taped or recorded music has be¬ come • more widespread. Daniel warned members that such practice is against AFM bylaws and prom¬ ised that charges would immediate¬ ly be filed against any memben found engaging in the illicit music traffic. Part, of the drive will include an investigation in ah effort to discover whether qrches- trators, copyists and leaders (all AFM members) have participated in- preparing soundtracks to be recorded abro'kd by foreign musi¬ cians. British Disk Best Sellef^^ London, March 26. 1. Young Love ....... Hunter (London) 2. Don't Forbid Me...Boone (Londdn) 3. Knee Deep Blues. Mitchell (Philips). 4. Long Tall Sally.-. .Richard (London) 5. Rock Daddy-0 , .Donegain (Pye-Nixa) 6. Banana Boat .... Belaf onte ' (HMV) . : ■ 7. Banana Boat .. .^.. Bassey (Philips) 8. - True Love . .'Crosby-Kelly (Capitol) 9. Singing the Blues Mitchell (Philips ) 10, Garden of Eden..Vaughkn . (Philips) Col’s Seattle & Bostoii Bring Branches to 8 Columbia Records has set up distribution branches in Seattle •and Boston, Both branches will begin operating under the Col ban¬ ner April 1. Addition of Seattle and Boston now brings Col’s branch total to eight. Other outlets are in Phila¬ delphia, Baltimore, Detroit, St. Louis, Cincinnati and Kansas City. The Boston outlet replaces Al¬ lied Appliances while the Seattle operation takes, over from Love Electric Cd. Edward J. Masterson heads the Boston branch and James Fuscaldo is in chai'ge in Seattle.' Lyrichord'S Eterna Buy Lyrichord, indie classical disk¬ ery, has expanded its operation with the buy" of the longhair‘Eterna -label. Eterna’s catalog includes such vocal artists as Richard Tau¬ ber, Leo Slezak, Lilli Lehman, Fer¬ nando de Lucia, John McCormack, Pasquale Amato, Battistini and Fertile as well as opera diskings. According to Peter Fritsch, Ly¬ richord prexy, both labels will have separate enlarged release sched¬ ules, ion. the j:est. of the-'year, v If'T ? J v ; fiirjf nr.T. -» » ». Rock ’b’ Roll Bum-Rapped By 2 % Who Are JD’$, Sez / DJ Alan Fr^d on Forum Alan Freed, WINS, N. Y., disk jockey responsible for catapulting rock 'n’ roll to the top of the music biz over the past few years, made an all-out‘defense of that musical idiom as guest on Ted Steele’s “Bandstand” show on WOR-TV Monday (25) afternOon. Freed was the target for questions popped at him by a group of hlghschool jour¬ nalists, most of whom wanted to know about the alleged link be¬ tween rock 'n' roll and juvenile delinquency. Freed said there was a- 2% “bad” element, among the kids who cause all the riots and that it was bum rap against the rest of the teenagers to smear them with the juvenile delinquent brush. Riots at rock 'n' roll performances, he said, have been exaggerated out of all proportion to the facts be¬ cause it makes good newspaper copy. Conceding that the rhythm & blues tunes, since renamed rock< 'n' roll, once were marked by questionable lyrics, Freed said tljat was no longer the case. He kudosed Variettc for “doing a won¬ derful job in’ cleaning up the jjyrics’ of all -music.” . -