Variety (October 1914)

VARIETY 60,000 PLACES AFFECTED BY "CABARET ROYALTY" American Society of Authors, Composers and Publishers Says It Will Force All "Players for Profit" to Pay Tribute for Use of Copyrighted Music. Some Places Agree, Others Hold Out. Possible Annual Income $12,000,000. Musicians Not Involved. Sixty thousand places in the United States, playing copyrighted music without permission, will have to pay tri- bute to the American Society of Au- thors, Composers and Musicians, ac- cording to a prominent member of that society. The scale of payment, as agreed upon, graded according to size of place, is $15, $10 and $5 monthly. This will average $200 yearly for all, or $12,000,000 yearly, per a loosely made estimate of the possible revenue to the society. Ninety-five per cent, of the current popular music, vocal and instrumental, is claimed to be controlled by members of the society, either as authors, com- posers or music publishers. The Soci- ety alleges a membership embracing writers and publishers from New York to San Francisco. The best known pub- lishers not members are Jos. W. Stern & Son and F. A. Mills. These con- cerns are offering restaurants and hotels their music without payment. The society's members say that they have no objection, as when the places now holding out are forced to pay tribute, they will pay the society, without the independent publishers being allowed to participate, and perhaps the influ- ence of the society at that time will dictate to the "licensed" places the music it shall use. Through an affiliation with similar societies in France, England, Ger- many and Italy, the American society alleges that it can stop the performing rights of production music, without a royalty payment, even though an inde- pendent publishing concern over here should hold the publishing rights. The "performing rights" are the play- ing or singing of music, in public. The section of the copyright bill under which the American society is making this movement permits a writer to demand royalty where copyrighted music is being employed for profit. The society contends that all hotels, restaurants and cabarets, among other places of entertainment, when using music do so for profit, to draw busi- ness, regardless of whether an admis- sion is charged. The John Church Co. which suc- cessfully applied for an injunction against the Hotel Vanderbilt orches- tra in the U. S. Supreme Court before Judge Lacombe, is not a member of the American society. A favorable deci- sion on the appeal in that action is ex- pected, but the music publishers in New York say they have been advised by counsel of an unquestioned legal standing. The edict of the American society to New York hotels and restaurants that they must pay the royalty scale from Oct. 1 caused consternation among the cabarets, and much talk. Up to last Saturday four of the leading places in New York had signed the society's agreement. They were the Knicker- bocker, Rector's, Churchill's and Faust's. These places said they pre- ferred to pay $120 yearly rather than chance being interfered with. Other places tried old melodies for "trot" dances, or the music of the pub- lishers outside the society. It was claimed, however, that hotels, restau- rants and dancing places needed most- ly the latest popular music (after it had become popular) and that proprietors of these places could not afford risking business by a subterfuge in melody. The cabaret men were greatly sur- prised at the action of the society. It was a complete reversal of the usual order of affairs, when publishers sought orchestras to play its music, and in many cases, paid orchestra lead- ers to do so. The action of the American society was viewed by many as an off-shoot to the step taken by the Music Publishers' Board of Trade to abolish payment to singers of songs on the theatre stage. The society states it has no inten- tion of proceeding against individual musicians or orchestras, but only against proprietors, nor does it expect to tax orchestras playing for private balls or functions. "SUNDAY ACTS" LOSS. Many of the acts debarred from ap- pearing at the Sunday vaudeville per- formances in New York, through the nature of their turns (acrobats, etc.), -ore encountering some difficulty in ob- taining engagements in the metropolis, though managements insisting they are entitled to but six-sevenths of the full week's salary for the six days they play. The acts say they are willing to play the full week, and want the full sal- ary. In some instances this has led to a difference of opinion that prevented the booking. It has somewhat interefered with an easily laid out program as well. HANGING ONTO PICTURES. From reports about, at least in the Kast, a large number of theatres that last season played one, two, three or four vaudeville acts weekly, in conjunc- tion with pictures, but which continued over the summer with a straight pic- ture policy, are hanging onto pictures only so far this season, in preference to reverting to the former pop bill. This condition is said to have been felt by the various booking agencies that ha idle the small houses out of town. I.s most apparent effect is re- ported as throughout New England. REVIVING COMEDY CLUB. An effort is being made to revive the Vaudeville Comedy Club by several ex- members. At a meeting of the former board of governors Friday in the of- fice of Maurice Goodman, attorney for the United Booking Offices, this move Was decided upon. August Dreyer, Everett S. Ruskey and Tobias A. Kep- pier were present, representing differ- ent members of the former club. The meeting was called to consider ways and means to relieve the govern- ors of the defunct club from its obliga- tions, which have been reduced to about $20,000. The reorganization plan is said to be acceptable to the creditors, who ask for 25 per cent of their claims in cash, with any reasonable time for the settlement of the remainder. This the promoters of the revival think can best be accomplished by benefits and the club's annual ball. The Comedy Club had about 800 members. There is $8,500 owing to it for dues and other claims. An attempt will be made to collect this amount. The present plan is the engaging of modest quarters, with such membership as may be gathered. POLI'S NEXT OPENING. The next big time opening on the Poli Circuit will be at Hartford, Oct 19. This will give Poli three big time weeks. Poll's, Scranton is playing a regular bill, also Springfield and New Haven (joined in a split week). WILDER WITH LOEW. One hour after Marshall P. Wilder executed his contract to go with the Loew Circuit, an eight-sheet announc- ing the fact was out in the American theatre lobby Tuesday night. Mr. Wilder will open at the Amer- ican Oct. 19, remaining there the full week. He is signed for 25 weeks and will receive, according to report, $400 weekly while on the Loew Circuit. HAMMERSTEHrS PROTESTING. The Hammerstein management en- tered a protest this week in the United Booking Offices against "United acts" playing the Broadway theater, booked independently by M. S. Schlesinger and operated by the Mastbaum-Earle inter- ests of Philadelphia. A Hammersteiner called at the Broadway Monday night, the opening there of pop vaudeville under the pres- ent regime. He noted the Primrose Four were appearing as the Capitol City Quartet. The Primrose Four are known as a "United act." Hammerstcin's claims that by virtue of its U. B. O. franchise, playing at the Broadway would be equivalent to opposition aeainst "The Corner" and made its protest on that ground. CONFESSIONAL SKETCH. Chicago. Oct. 7 Francis C. Kelly, of the University Club, is inclined to place his sketch, "The Crucifixion" (with a confessional scene) upon the vaudeville market. It is the piece first presented at a Lamb's Gambol. New York, last season and played bv Brandon Tynan as a curtain raiser, at the Little theatre, Philadel- phia. CHANGE AT COLONIAL A change of vaudeville policy at Keith's Colonial, New York,, may fol- low the engagement of Genee there Oct. 26. The house expects to install Nov. 2 a vaudeville bill of lighter and cheaper quality than has been custom- ary at this theatre, and may also place in effect a new admission scale. The Colonial opened early in Septem- ber. It is not a "September house," ow- ing to the neighborhood, and has not been able to date to overcome the hand* icap of the early start. It is also said the enormous business done by the Palace, another Keith property, has left its mark on the Colonial attendance. Quite recently the Colonial was placed on the "cut salary" list of big time theatres, always an indication of light or fading business. The wiseacres at that time opined a new policy would come. It also left but the Palace, New York and the Orpheum, Brooklyn, as full salary weeks among the B. F. Keith New York theatres. SALARIES SHAVED 10 PER CENT. The vaudeville agents this week re- ceived a written notification from Wil- mer & Vincent, managers, that com- mencing Oct. 19, all contracts for acts playing in their houses would have to submit to a reduction of 10 per cent, in the contracted price, or consider their contracts canceled under the two weeks' notice clause. The agents communicated the con- tents of the letter to the respective acts booked on the W. & V. time. It contains houses at Harrisburg and Utica that play big time bills. They are known as "cut salary weeks." The firm also operates small time vaudeville at Altoona, Johnstown, Allentown and Easton, Pa. Poor business in their theatres mak- ing it necessary to cut down salaries in order to keep the houses opCn with vaudeville, is the reason given by Wil- mer & Vincei.t for the reduction. DBIRO DIVORCED. Deiro, the accordionist, was notified this week his divorce case, pending for several months in Chicago, had been satisfactorily disposed of. Deiro was granted absolute freedom on three counts, two of which were desertion and default. His wife, Julia Tatro, is a western girl. "HANDSOME8T MAN," ETC. "The Handsomest Man in the World," is the charge against Paul Swan, a classical dancer, who is going to appear at Hammerstein's Oct. 26. Mr. Swan is an American and has danced at matinees. His work is of the airy fairy style. The Hammersteins hung the billing onto Paul. PRODUCTION TAKEN OFF. "The Garden of Peaches," a Jesse L. Lasky vaudeville production, of this season, was ordered shelved this week. Mr. Lasky said he did not find the con- ditions right to attempt to secure what the act must have to continue. The turn featured Minerva Cover- dale, and showed for one week upstate.