Variety (March 1959)

Wednesday, March 18, 1959 PfimEfirr MUSIC 77 DISK ‘OSCARS’ BRU SH OFF R’N’R Rep. Roosevelt Sees Early Derision On New Consent Decree for ASCAP Decca ’58 Sales Gross Drops $5-1113 To $26,837,423; Net at $2,776,382 The general economic recession- last year clipped Decca’s 1958 sales to a gross of $26,837,423, down from the $31,774,276 racked up in the previous year. Net in¬ come for the diskery last year was $2,776,382; equal to $1.82 per share on the 1,527,401 shares of common stock outstanding. That compared with the 1957 net of $3,972,514 or $2.48 per share on the 1,602,501 shares then out¬ standing. In his annual report to stock¬ holders, Decca prexy Milton R. Rackmil stated that while Univer¬ sal Pictures, a Decca subsid, had a loss for its fiscal year ending Nov. 1, it wound up the calendar year with a net profit due to the sale of its studio properties to the Music Corp. of America. The pic company, which realized a net gain of $3,576,510 from this deal, ar¬ ranged for the lease-back of studio facilities adequate for its production needs, Rackmil stated. Decca owns 777,985 shares, or 84.1%, of the Universal common stock. The company’s balance sheet placed the value of Decca’s investment in Universal at $23,- 181,761. Rackmil stated that “despite temporary setbacks, the market for musical entertainment in the home continues to grow.” He cited stereo as an additional sales im¬ petus, although said that it caused “a certain amount of market dis¬ location when it was introduced.” On the Universal operation, Rackmil, who is prexy of both the disk and pic companies, explained that, U adopted new production and distribution policies because of the drop in public interest in the type of “inexpensively pro¬ duced pictures which had been Universal’s mainstays.” Under the new policy, U has switched to “blockbuster” entries produced in conjunction with indie companies formed by producers, directors and stars who share in the profits on the films they work on. JOE LUB1N EXITS ARWlN FOR SPOT AT LIBERTY Hollywood, March 17. Joe. Lubin, exec assistant to Ar- win Records prexy Marty Melcher, and head of labels a&r department, is exiting the company after a three-year association. Deal is in the works for Lubin to join Lib¬ erty Records as an a&r man and developer of various disk packages. Lubin will still be associated with Melcher via tuning theatrical pix filmed under the Arwin label. Next of which is a co-production with Joseph Pasternak on “Please Don’t Eat the Daisies,” a Doris Day starrer for Metro release. Pete Duchow, an exec in Capitol Records international department, has resigned his post at the Tower to move in as Melcher’s assistant. Hayes-Henderson Act Packaged by Kapp Dave Kapp will record Bill Hayes and Florence Henderson, current¬ ly at the Hotel St. Regis’ Maison¬ ette, N. Y. The LP may be cut in the studio or Off-the-floor in the hotel room. It’s slated for September release. Mantovani Pulls 10G In Pa. Town Despite Storm Harrisburg, March 17. Despite the worst storm of the winter, which dropped 13 inches of snow in the area, Mantovani, in his only appearance in Pennsyl¬ vania, pulled a two-thirds house in the massive Zembo Mosque here Thursday (12). The troupe, which was delayed in transit by the storm, arrived late in the afternoon, just as the snow stopped. By show time, a drop in temperature had frozen the roads to a point where ticket- holders in outlying areas were un¬ able to get to the Mosque. - Pete Wambach, local record dealer who brought Mantovani here, said the advance sale had been heavy with^most of the 1,000 seats tagged at $3.50 gone before the boxoffice opened. Gross was estimated at slightly over the $10,000 mark. Judge Orders Rose To Resume Suit Vs. Bourne Billy Rose’s motion to discon¬ tinue without prejudice, his suit, against Bourne .Music for the re¬ turn of the copyright on “That Old Gang Of Mine” was curtly denied by Judge Edward J. Dimock in New York Federal Court last week. Rose made his motion during trial a couple of weeks ago, indicating that he wanted to switch lawyers in the long-pending case. Judge Dimock, however, stated that “I find that plaintiffs’ desire to discontinue is not based upon dissatisfaction with counsel as they allege,' but it is based on dissatisfaction with the views of the court as indicated during the progress of the trial and a conse¬ quent desire to avoid a determina¬ tion of their claim which would prevent its submission to.another judge. The motion to discontinue without prejudice is denied. The judge stated that the trial would be resumed after the ter¬ mination of a case now before him. He indicated that the resumption of the Rose trial would be at least a month away “so that there would be ample time for the engagement of new counsel and his familiariz¬ ing himself, with the case.” Rose’s attorneys up to the time of the motion w T as the firm of Hays, St. John, Abramson & Heilbron. The Bourne legal reps is the firm of Phillips, Nizer, Benjamin, Krim & Ballon. Rose’s suit, which was initiated several years ago, challenges the copyright renewal assignment in the old contracts between the songwriters and publishers. In these pacts, the renewals for the second 28-year copyright terms were assigned at the same time that the publisher assumed rights to the first time. Rose has chal¬ lenged this contractual arrange¬ ment on the grounds that no “Con¬ sideration” was given for the assignment of the renewal, a sep-; arate right which demanded a separate deal. This is the first suit to test this clause and the out¬ come of this action would affect numerous important copyrights of the 1920s. Since the early 1930s when the Songwriters Protective. Assn, (now the American Guild of Authors Composers) came into ex¬ istence, the second copyright term of a song automatically reverts back to the writer. Hollywood, March 17. Nominations for the. first “Os¬ car” awards of the National Acad¬ emy of Recording Arts & Sciences, covering 28 categories in the disk¬ ing field, have added up to a dem¬ onstrative brushoff to the. prevail¬ ing trend in the pop field, i.e., rock 'n’ roll. While such artists as Frank Sinatra, Perry Como, Peg¬ gy. Lee and Ella Fitzgerald were nominated for awards in the top classifications, hot sellers like Elvis Presley, Paul Anka, Bobby Darin, Connie Francis, Conway Twitty, who dominated the pop lists last year, are conspicuous by their ab¬ sence. Voting for the final awards, which will be made sometime in April, is now in progress among NARAS members. Following is a rundown of the nominations in the major categories: Record of the Year “Catch A Falling Star,” Perry Como, RCA Victor; “Chipmunk Song,” David Seville, Liberty; “Fever,” Peggy Lee, Capitol; “Nel Blu Dipinto Di Blu,” Domenico Modugno, Decca; “Witchcraft,” Frank Sinatra, "Capitol. Album of the Year “Ella Fitzgerald Sings The Irv¬ ing Berlin Song Book,” Verve; “Come Fly With Me,” Frank Sina¬ tra; “Peter Gunn,” Henry Man- cini, RCA Victor; “Only The Lone¬ ly,” Sinatra, Capitol; Tchaikow- sky’s First Piano Concerto, Van Cliburn, RCA. Victor. , Song of the Year “Catch a Falling Star,” “Fever,” “Gigi,” “Nel Blu Dipinto Di Blu,” “Witchcraft.” Best Vocal Performance—Female (Continued on page 80) Cap’s Lloyd Dunn in N.Y. Hollywood, March 17. Lloyd W. Dunn, Capitol Records veepee and a&r topper, winged to N.Y. over the weekend on a two- week business trip. While in Goth¬ am Dunn will meet with Leo Kep¬ ler, director of Angel repertoire, and Richard Jones, director of Cap’s FDS classical repertoire. A primary purpose of the Cap exec’s trek is to coordinate the es¬ tablishment of the Tower’s new classical music quarters in Man¬ hattan. Meetings are also sched¬ uled with pop a&r producers Andy Wiswell and Manny Kellem and execs of various music pubberles. BHI Wraps Op B’cast Licenses Broadcast Music Inc. has wrapped up new licensing deals with virtually the whole broadcast¬ ing industry, including network and indie radio and tv outlets; About 19 of BMI’s 3,325 radio contracts have not yet been signed, but for merely mechanical reasons. BMI’s blanket licensing rate varies from .75 to 1.2 of the gross depending on the station’s revenue. All indie station renewals were for a five-year term. NBC and ABC webs signed a five-year license for their tv networks and a three-year deal for the radio webs, CBS has a three-year deal for its tv web and a five-year pact for its radio network. Mutual Broadcasting System renewed its radio network agreement for five years. Rugolo Etching His Video Score for Merc Chicago, March 17. Current rage for the sound- tracked scores of various tele¬ dramas, notably Henry Mancini’s “Peter Gunn” success via Victor, is cueing a Pete Rugolo album of originals from the “Richard Dia¬ mond” skein. Mercury first plans to release the theme on a single, with the album to follow. Rugolo, who scores the teleseries, is Merc’s Coast a&r topper. Washington, March 17. Rep. James Roosevelt (D-Calif.) said Friday (13) he has been in¬ formed by the Justice Depart¬ ment’s Antitrust Division that negotiations on a new ASCAP decree “are approaching their final stages” and will be com¬ pleted “within a short period of time.” Roosevelt, chairman of a House Small Business Subcommittee which last year conducted a study of ASCAP and referred several complaints against ASCAP to the Antitrust Division, said he had received a “complete report” from Antitrust on the status of negotia¬ tions on a decree. “The report,” he said, “dis¬ closes that the investigation in question has explored the entire field and appears to include all of those factors which are im¬ portant to the smaller publishers and composers.” Roosevelt’s subcommittee had referred five points to the Anti¬ trust Division for inclusion In a decree. They are: (1)-weighted vote system; (2) the performance survey and logging system; (3) the distribution formulas; (4) the United Telefilms Ltd. is branch- [grievance procedures; and (5) ing into the disk business with r 3 rd e s nance and ^bihty of Morty Craft. Latter will head the j Nottog ^ negotiations ^ new disk operation to be known as 1 tween Antitrust and ASCAP at- United Telefilm Records. j torneys have been underway for UT is a Canadian corporation \ nine . months, Roosevelt said: “It Morty Craft In Disk Operation With Can. TV Co. must be recognized lhat this par¬ ticular proceeding is somewhat un¬ conventional when compared with the usual type of antitrust case handled by the Antitrust Division. The evidence which must be j analyzed and used to support an which distributes the Warner Bros, film catalog of some 750 pix for tv in Canada. Firm also distributes the Popeye series and other car¬ toons. Group behind UT purchased the WB film library for over $ 21 , 000 , 000 . * - . . . T ... . , ., 'amended decree is complex and In setting up. the disk subsid, ; intriC a te , which development, of Craft was elected for a five-year , course, requires expenditure of a term. In addition to being m com- j greater amount of time by the plete charge of the record company j Government attorneys than would operation, he will also serve on the ] otherwise be the case ” board of directors with Martin i Roosevelt said he "is “satisfied” Machat, secretary and general j that Antitrust attorneys are now counsel of the diskery. Deal was j “concentrating their full effort set by UT prexy Ken Kalmon. toward bringing this mat'er to a Merc Pots D. C. Benefit Jazz Show in Groove Washington, D. C., March 17. Yesterday’s (16) Washington, D.C., benefit jazz concert for Friendship Settlement House, with the Mesdames Eisenhower ana Nixon among sponsors, was wax- preserved by Mercury Records, and all proceeds from the album, titled “Jazz for Friendship,” will go to the charity. Jazz notables tapped for the benefit included Buck Clayton, Ernestine Anderson, Bud Freeman, Charlie Byrd, Peewee Russell, Jo Jones, Max Kaminsky, Billy Taylor, Vic Dickenson, Bud Cary, Lou McGarity, Buddy Tate, Cliff Lee- man r Harvey Phillip, Willie Smith, Keeter Betts, and Paul Barbarin. BG Touring An arena and concert unit com¬ prising Benny Goodman, Ahmad Jamal and Dakota Staton has been formed by Tim Gale of the Gen¬ eral Artists Corp. to tour for 21 dates in 24 days starting. April 24. Teeoff will be in Hershey, Pa, The diskery will headquarter in New York in building formerly occupied by MGM Records. Craft, incidentally, was pop artists & rep¬ ertoire chief for the MGM label until he exited in January. Craft already has lined up 38 distribu- decision.” No Comment On BMI Justice Dept, is sticking to ‘ its “no comment” ^position on Smath- ers. (anti-BMP)* Bill which would prohibit radio and television sta¬ tions from engaging in music pub- tors for the diskery’s kickoff. The: lishing or record making. company will have two labels, Tel Records and Warwick Records. Craft currently is negotiating with disk personnel to. fill his staff. ASCAP PREXY STAGES Senate Commerce Committee over weekend released a letter from Victor R. Hansen, head of Justice’s Antitrust Division say¬ ing: “Its enactment involves a question of policy concerning which this Department prefers to ; make no recommendation.” CUAW DAD U7UITE UA1IQ17! Another letter from John C. uilUiV rim Is llll£i lluUuEi! Doerfer, Federal Communications Washington, March 17. ! Commission chairman, said FCC President and Mrs. Eisenhower, who have relied mostly on amateur talent for musicales after White House dinners during the current social season, brought in some show' biz pros for the white tie af¬ fair last Tuesday night (10) honor¬ ing the visiting president of El Salvador, Jose Maria Lemus. Paul Whiteman was emcee. Eleanor Steber and Earl Wrightson sang Victor Herbert selections. Harold Eugene (Buddy) Weed played George Gershwin music. ASCAP prexy Paul Cunningham has nothing new to add beyond comments it made during hearings a year ago. Smathers Bill is considered a legislative dead duck here. SHASTA-SPARTON DEAL . ON WAKEY IN CANADA Hollywood, March 17. Deal has been concluded be¬ tween Jimmy Wakely’s Shasta Recording Co. and Sparton Rec- , ~ t ords of London, Ont., for distribu- produced the show Cunningham ition of WakeIy . s recordings in returned to the Capital from N. Y. * Canada. to attend the Guderson Dinner. Mills’ O’seas Pic Deals Mills Music is continuing its drive to pocket songs and scores from foreign films for publication in the U. S., Canada and Great Britain. o * From the film “Casino de Paris,” Mills has secured “Rendezvous Au Casino de Paris” and “Ou Es-Tu Man Joie.” Deal was made with Editions Paris-Etoile. From the same film, Mills worked out a deal with Hans Gerig, Cologne firm, for “Melodie D’Amore” and “Papa Piccolina.” In another deal with Editions Paris-Etoile, Mills latched on to tunes from the pic, “Le Desorde et la Nuit.” Wakely, who already has lined up all his distribution points in this country, is now working out plans for a European outlet. The oatune singer doesn’t want to break up his distributorship in Europe and is seeking one firm to handle the Shasta account. Seeco’s Mex Link Sidney Siegel, Seeco Records prez., has firmed a deal with Cia Importadora de Discos, S.A., in Mexico City, for the distribution of all his diskery’s product in Mexico. Under .the agreement, the Mexi¬ can firm will press and distribute all singles and EPs, but will buy Seeco albums in bulk for the home- base in New York.