Variety (June 1921)

mnipp MT VAftlfitY Fria»y. June 3, 1931 c Ta atit NEWS OF THE MUSIC MEN One of the leading muscle publish- ers will bring up tlie quention of title infringement ut the next monthly meeting of the Music Pub- Ushers' Protective Association/ The alleged infringings concern the ap- . pcr.dlnfT of a ^ub-tltle to the main stem ot the song n;imo, thus tech' nlcally falling without the scope of being a lift on the name, but actually Intended, it is alleged, to create confusion in the public's mind. None of the M. P. P. A. members la among the infringers, but the practice is becoming prevalent among the smaller mid-western music publishers. The fact was brought to the attention of a music publisher by a leading mail order house In Chicago which sells con- siderable music of all firms, and became aware of the confusion it caused its customers upon the re- ceipt of various letters from the farmer patron«. The M. P. P. A. maintains its o«vn title registry bureau to eliminute title confusions, a oiember becoming entitled to ft certain title by right of priority in the matter of registra- tion. Committees representing the song- writers and the niusl*' i»ubiishers have been coming together the past fortnight twice weekly for the purpose of arriving at a mutu- ally satisfactory royalty contract. A number of hitches still prevent a decision. The songsmltlis have made a new proposition to the pub- lishers In the way of sheet music royalties, ajsking 20 per cen/. of the wholesale returns instead of a Hat thrcC'Cent rate as before. Every copy, even if It is sold as low as 15 centii, used to bring In 3 cents to the author. If the present 18 and 20- cent wholesale price continues to prevail It will mean an even greater royalty Income. If wholesale music prices should drop to 12Va cents, which Is not without the range of possibility considering the down- ward trend in the retail prices, the royalty will fall under the three- ^^cent mark. The publisher.««, how- ^^cver, are not entirely in accord with the proposition. Another stumbling block Is the writers' insistence on a sworn roy- alty statement every three months, against the heretofore semi-annual return. The writers, too. Insist that should the publisher not live up to hia! covenants to the letter the copyright on the composition re^ verts to the. composer within six months. And. of course, the old 50 per cent, of the mechimlcaLs' royalty is strictly adhered to. with tVie de- mand that authors' tdatements be made <iirect by the phonograph and roll .companies, and not after pass- ing through the hands ol the pub- lisher. tain number of compositions a year for defendant, for a period of four years. He was to receive $100 a week drawing account, and charges that at the end of the first year, a couple of moaths ago, he was dis- charged from service on the ground he cJitlnoV r»'i«ort at Ihe profesalona! studios pf the company, and did not deliver the requisite amount of com- positions. Grunberg avers he de- livered more than 'enough stuff dur- ing the year. T. F. McMahon. coun- sel for the defendant, generally de- nies the allegations, including the alleged written contract. Carl Carlton In the music pub- lishing business in Cleveland died after a short Illness May 22 at the home of his mother in that city. The deceased is not the Carl Carl- ton, formerly associated with the Vauderbilt Producing Co. Edmund P.raham. for several years an executive and stuff wiiter of the Frances Cliff«)rd Music Co.. has em- barked on hi^ own in the business, with headquarters in Chicago. Sam EhrTIch. songwriter, has left the "Trip to Hit land" act to devote his time to writing. He has a pro- duction lined, for which he is also doing the libretto. Ehrlich. who wrote the first Frenchy song. "Oh Fronchy" has a new tune on the same order, written in collaboration with Nat Osborne. Witmark & Sons will publish the music of Sigmund Romberg's new "Bal Tabarin" .show which the Shu- berts will put out in the full. An- other fall premiere of a Romberg score is "P.los.som Time." based on Franz Schubert's melodies. The lat- ter score will be published by Leo Fehst. by arrangement with the Wit marks. George F. Bauer, the arranger, Is now associated with the Tama Music Publishing Co. The Tama Is the Shuberts' organization which will publish the mubic to their for- eign scores. ' ..'. • Abe Raer. who has been touring China. Japan and the Orient with a show, is back with the Feist pro- fessional staff, after an extended absence. 12,500' rUllrig applyWg bWt '<0 •*'rtA^*" * jjiness." Meyer's counsel, Attner Greenberg. avers that a contract for tlie "By-Gonos" number was ten- dered Meyer eventually, but that the latter had refused to accept it. owing to the fact; it contained sev- eral clauses and stipulations con- trary to the demands of the Lyric Writers' and Composers' Protective League (songwriters* union). » <i» Milt TT.ixcn ?^T5.^ !5?'.-c:'*>i h'.ir rKn-p' nection with the Jack Mills' irtusic publishing organization as director of publicity and advertising, and contemplates engaging In an Inde- pendent venture. He is at present at work on a musical show with Joe McKiernan, the songwriter. Harold Dellon. songwriter, has Joined the Harrison Music Co. as professional manager. The Harri- son company originally hales from Detroit, but is now located in New York. Norman H. Harri.*«on is pres- ident, Walter Hir;?oh staff writer ami advertisinx director and Rarrie B. Bloeden, last with Witmark. looking after the mechanicals end.' Bee Palmt'r has signed to make three phonograph records of the •blues'" sort for the \ictor Co. Paul M. Sarazan, film press agent, has written a song around the Jackie Coogan feature. "Peck's Had i:oy." Irving Berlin is the pub- lisher. Al Piantadosl has placed a new number with Foist, liud Green and Howard Johnson collaborated. The Chicago Herald-Exam.iner Is conducting a 110,000 prize song con- test for a civic song that best typi- fies the VPirlt of Chicago. The first award is $2,000. Milton G. Sever- inghau^, a layman. Is sponsoring the idea. »^am AVil.<?on has written •ong for Witmark & Sons. a new Irwin I>ash. formerly with the professional departments of several music publishing concerns, has left the music game to enter the shirt manufacturing business with his father in Philadelphia. Harry P. Diggs has written a Bong to be used as the orchestra theme of the screen version of I'aul Lawrence Dunbar's storv, "The Sport of the Gods." A. F. Bosworth. IH. head of the English music publishing house bearing his name, is In New York to look over the New York otfice. Bos- worth will visit Canada also while on this side. E. B. Marks has acquired t.ia American publishing rights to "Sa- lome," an European musical success by Robert Stoltz. Roy Ingraham. songwriter, has announced his Intention to embark In the publisliing business on his own in Los Angeles. Lee White, formerly In v.iudeville, has incorporated, to publish music. Walter Windsor, the cabaret im- presario, has embarked iti the music publishing business. Last week he bought out the recently organized Strand Musir- Co., with offices In the Roseland Building, and will conduct his cabaret enterprises known as the Walter Windsor Attractions in conjunction with the publishing business. Al. Haase. former professional manager of the McKinley Mii.sic Co., U now associated with Windsor in an executive capacity, although Wind.sor himself will be the profes- sional manager. Haase is also the otllcial Windsor cabaret librettist. Lew Straus, a thf.'^tncal nows papei- niuri, is handling the Wind- sor firm's publicity. Louis E. Zoeller, head of a pub- lishing company in Louisville. Ky., Is in New York looking fvr metro- politan quarters. Zoeller was re- cently made a colonel by Gov. Mor- row ckf Kentucky. The songwriter wrote the governor's campaign song during the last election. By a decision of the Appellate Di- vision, a previous order denying Sam Co. low's motioti for a tem- porary injunction against Joe Gold. Joe Rl^nud, Joe Gllison and Leo Feist, lie. rejrje^avc'y. authors and pul)llshers cf a son. "Grievltig For You." was reversed, without costs, and the p'.alr.tff's motion for an injunction ftrrixted to the ex- tert of er.ji^r.Inini? the <*.:f?rdrnt. Feist, from ^j'aying cv:r to the In- dlvitli-al i^rfondpniS cpe-rcur;h Of the rryalfes now I'.ue. or v.h!ch may heror.'ter h^ctJir.e i"'!? un'r,*r their c3n»rag.t ^?ith it. Wiih the one-fourth oif the royalties to be retained by the d^TenJ'x'ni; Feist until the deterrr.inp.tion of t^-Is ac- tion. The doclolon provides the plaintiff put up a J'^.'iO bond within five days to Insure the defehdants against the costs of the action. If the plaintiff (Cos!ow), falls to com- ply with this provision, the pre- vious order denying his motion ^or an injunction pendente lite will be afDrmod. Coslow Is an "Infant." acccrdfrig to the law. under il years of age. having collaborjited on the lyric of "Grieving for You" when 18 years old. He admits he sold <out his in- terest In the soag far J25 to the first three-nc.med defendants^ on the un- derstr.ndirg the sorijg was to be, used only by an act. On th,e technicality of bt'Ina: an "Infant,** Coslow Is suing fcr a cne-'ourth share in the royalties of the 8^ng, seeklngr to avoid his covenant entered into while still a minor, and asks for a rec< iver to retain such monies ac- crued pending a determination of the action. The defense among other things stated on the appeal they were of the opinicn Coslow was about 22 years of age at the time, and that they would not have negotiated with him did they think otherwise. Also that the |25 was Coslow's fixed price and afTieeable to both parties; that Coslow had been known to have written entire .songs for that amount. The defendants als-'o showed that the appeal In the song rests on its melody and that had it proved a "flop" Coslow would have remained satisfied with what he had received; that It Is only when a song proves a hit litigation results. Maceo PInkard. colored song- writer, has begun suit in the Third District Miincipal Court against l*erry Bradford, music publisher, for the recovery of 11,000 as the bal- ance due In the way of royalties on a song. "It's Right Here for You," which Pinkard co-authored under an assumed name. The nom-de- plume Is "Alex. Belkdna." which Plnknrrt derives from his wife's name. Edna Bell Alexander, re- versed. Tom Hackett. for tfie' prist 13 years w*th the Wit marks, is now associated with Van Alstyne & Curtis on the New York profes- .nional stafl'. I^oyal C. Curtis of the firm Is in New York looking for new INSIDE STUFF ON LEGIT Lyie Andrews, manager of th« Vafiderbilt during the week, is com* modord of the Centeri>ort. L. I. Yacht Club on Sundays and bolidayi^ To date the ciub has one row boat In its fleet, but it possesses a floats ing clubhouse. Andrews, by virtue of being the only man in the villas* who owns a yachting cap, is running for commodoce of the club again this ffoasc^n. He sayH bin r«~election is a ctnch. They are saying one of the reasons for not renewing Elsie Ferguson's contract with Famous Players is that the star asked a salary of |9.00t a week for a new agreement. As the various high salaried contracts expire there will be no wild scramble to renew. Not so long ago the fact Miss Ferguson's contract with Famous wfis about to expire would havs sent every other producing concern scurrying in her direction. In th« past fortnight or so the withdrawal of Naximova from Metro, the retiring of Billie Burke from Fp.mous and now the expiration of Miss Fergusoh't agreement calls for little more than a paragraph, even in the trads publications. The counter suits brought by Lew Fields and Morris Rose against each other as an aftermath of the failure of *^ue Eyes" will likely reveal, if either case goes to trial^ that Ro.se lost $88,000 in caib on that production, 'rom the time it started to r*»hea»-se until it closed, after 11 weeks of actual playing. The only winning week the show had was its first at the Casino. New York, when the gross was $21,000, giving the show a net 6t $1,600, after deducting the extras incidental to the first week. Rose financed the entire show, with Fields in on 25 per cent, of the profits and $1,000 weekly salary. Mollie King, also featured, with the show, received $750 weekly. , „ . , Fields starting suit against Rose for $1,000. alleging a. week's salary due. angered Ro.se. who is an insurance man. He retaliated by a suit against Fields, claiming If Fields were in for 35 per cent, of the proftta he should pay 25 per cent, of the losses. Fields contributed hia services in supervising the production of the piece. Mr. Rose is now reading a few manuscripts and hopes to find a play that will win back his "Blue Eyes" losses. __ It Is doubtful now whether either of the two plays having Lord Byron as the central character, which were announced for fall, will be produced. John Barrymore. who was to have appeared in one (written by a Chicago authoress), says he is holding the play in reserve for pos- sible production following another piece he is anxious to do. The announce- ment of Barrymore's Byron play was sent out by the Erlanger ofllce which Is interested in Frohman productions. This ofllce explained th* notice was sent by requefc^t of the star, but that it was not interested f^ Barrymore's activities other than his appearance with his sister Ethel id "Clair de Lune" at the Empire. This play will close in two weeks and will not tour. The other Byron announcement was s.ent out by Brock Pemberton. stating that play would have Joseph Shildkraut as the lead. However, Shildkraut is under contract to the Theatre Guild, and the latter has no Intention of relea.«ung him. He is at present appearlajf in the Guild's hit "Liliom." which xnoV(jd from the Garrick to the Fultpn this week. A correspondent of Variety. And a newspaperman in his home city/ mentions the discourtesy the past season of some of the managers Witli traveling s.hOws to the press. The Reason was bad enough, he said.' without the managers as.suming a "fresh" attitude toward the local newspapermen who may have approached him. He termed this type of managers "smart boys from New York." It is often the fact thac where a Broadway show of nartie and drawing power leaves for ths road, its traveling manager goes with it under the impression h'^ show needs nothing but an open boxoflice. Accordingly, the road manager goes up stage and stays there until he returns to New York again* when once more he is one of the mob. This Is the occurence more often with tnusical show^s than any other kind. Still the bigheadedneas of lead ng a hit has often got to the small-time brain of many a duml>ell. Just why this narrow-gauged road manager should antagonize local newspaper men will never be ex- plained, although it may readily be seen how the chump must have bulled the home otIVce to get the job with the show. If the big circuits would pay a little less attention to their esplorta^ of treasurers and a little more to how their managers in the sticks are handling the attractions, the returns In the aggregate would be mucii better. For where one boxoffice man might be nailed in a season, thers could be a dozen lax road managers costing much more through their negligence or pigheadedness. , , , House, Gros.sm.'rn & Vorhaus New York attorneys for P.. Feld- man, the Ifritish i)ublisher. have drawn up papers whereby Feldman I headciuarters for a local branch. 'The will act us London representative of' publishers now occupy part of the the L. Wolfe Gilbert Music Corpora- A. J. Stasny suite In the Strand Building. Van Alstyne &: Curtis' home otllce Is In Toledo, Ohio. tion. Vernon Stevens is now coimerted with the New Y(.rk office of the Stasny Music Co. in charg.* of the "mechanical" departm(>nt. He was last Chicago representative. "Happy" Rlloy ha.s as.snri.itel with tlie L. Wolfe Gilbert Corpora- tion on the professional .staff. Jaciiues Grnnberg, songwriter and rompo.ser, tluouj;!! Abiur Gieen- berg. his attoinry, has bef,'un a $L'0.- 400 artion In the Sui>rctne Court against the \Vat:r.' on, JU'ilin .^c Snyder Co.. musk- publisli?r.n, for al- leged breach of a written r )titi;ut enter«(l into some tinje in 1 'el»i ii:iry. 1920. I'nder the terms of the agree- ment. Grunbcrj; was to write a cer- Georpe W. Meyer, song writer. Is plaintiff in a $1,400 City Court ac- tion against the Jerome H. Remiek Co.. as a Italanee cljiirned on a $2.r»00 adv;mre royalty on ' I."t P.y-Gones He I'.y-Gones." an unrelea.sod Rem- ielv piibiieat ion. whit h tlu» publish- ers aeipiired .^Imult.meously with Miyer's "Happiness" song. Remiek l).ii<l $'_',r»tJU advance royalty on 'H.ippiness' (with which Meyer oriiTiiially intended .«-tart ifij:: his cat- alo^r as an nidepfielenl publi.sher). and jj.ive b.ini $1.1()(> ad\;»nce on the ■ P.\ -( Jfiins" soii^r. The KfDiii'k pe4)- ple state that they tlid not Itind I heiiisch e-.: lo jia.v any specific a«l v.iine on liu- song in qac-lion, theScheiuk (Norma Taltnidge). The Van Al.<*tyne & Curtis Music Co. has secured permanent NeW York quarters. The home office of the firm is in Toledo. O.. with an- other metropolitan branch in Chicago. Tom Hackett has become associ- ated with the Val Alstyne & Curtis professional staff. Billy Thompson is In charge of the New York office. MARRIAGES. Minna Kirby Davis, actress and gran«lniece of Jeff Davi.s. president of the seceding Confederate states, was secr<'tly married sevi-ral weeks ago in r>i'nver to Richihl McQuf-ary. head of a construction companv bearing his name, lentil recently Miss Davi.s was in one of Charles Dillingh.uirs shows. Albert Ewing. new auditor for the Barnes circu.s. and Mabel Stark, the tiger tamer. In Seattle, May 2.1. the <eremony being perfoimed by Jus- tice C. C. Dalton. Jack Foley to Laura Wood last week in Chicago. Miss Wood is one of the Wood .'listers with 'Mary" at the Colonial, Chicago, with Foley. of CJerard and Foley, in the sanie comi)aiiy. Marie McDonald to Albert T. Cairos, non-profcs.sional. May IS, in I'liiladclphia. Tiie bride is of the Jeanette Sisters and was formerlv with the Black and White Iteviio ll<r husband is a manufacturer. Tlie Cairns are at liMtne. .11 lo Xorih l^is^hth street, Phil.idelphia. Buster Keaton to Natalie T.il- inadge. at Itay Side, I^. I., May 31. The Ceremony took place at the home of Mr. ami Mrs. Joseph M A musical production listed as one of the summer revues ha» the wife of a comedian as one of the sui)posed backers. A check signed by her for $3,000 was tendered to the studio last Saturday, with ths request that artists work on the show Sunday, with the idea of completing It in time for next Monday's premiere. The check however was dated Sunday and instead of the amount being written out, it merely stated "thousand dollars." The studio refused to deposit the check and th» show is at a standstill so far as Its production is concerned. The check was to have been the second payment to the studio. A check for * similar amount was given for the first payment. It was held up by ths same maker but later made good. The Fanchon and Marco Revue, called "Sun-Kist" at the Globe, whers it open»d last week receiving very favorable notices In the dailies, had long travel on the road before reaching Broadway. The show opened about two years ago in San Francisco, promoted by Fanchon and Marco, who are a dancing team, formerly in vaudeville. It then had, as inter- ested sponsors, Aekerman & Harris, the coast vaudeville managers, now associated with the Loew Circuit. Later Aekerman & Harris turned over their share of the show, with the stars, though holding their own interest. After a coast run and tour the show started out on the western time, mostly one-nighters. It commenced to do business. On longer stands the gross appreciably increa.sed during th*^ stay until it was n« longer a novelty for the show to net. for itself, as high as $4,000 a week or more. Then Chicago was spoken of and laughed at by the .'^kepticaU who knew the production had been framed for an experiment without being changed. It went into Chicago, at the Olympic, and did jyst what it did Monday at the Globe. suri)riscd everyone. After rather a pro- tracted stay in Windytown the show started off again, for its rambling in the sticks, until the Broadway thing was broached. When P.roadway was talked ot, the show sent for George Lederer to look it over and fix it up. Lederer appraised the performance for what it was. and di cided it needed touching up along its own lines, which it did. The improvement liCderer made in it. from those who saw the show before and after, is said to have been remarkable. Into New York it came as it did into Chicago, announcing a limited p:i;,'agement whi< b woij'.j ha\e let It down in both cities, if flopping, for four weeks it had to remain In either town. The New York et^age- mont, no matter how Inig, will give it another road-life lease for next .veason, with the cliaa* es that the name. Fan; hon and Marco, is no.v an establislied road draw. It has been proven by this show on r<turn dates, when the grosa for the second vi.sit ex< ceded, the grot.s oC tli« lirs^. ■ .;■■.■, ■■ . '"..-■- : • ,■■■ The show has been bandied with extremely pood judgment ."-inrc It orjranized, and has attracted more than ordinaiy interest amouT those in the know through having been formed in the West. It Is claimed, for puhlir ity ptirpose.'*, all members of the cast are native Califorai.m^. Among i'.s principals arc several exceptional specialists.