[78-L] 78-L Digest, Vol 51, Issue 22 -" Everybody loves Somebody"

Mon Dec 17 19:19:05 PST 2012

Opened fine this time, so maybe too many people clicking on the link 
simultaneously blocked it for some of us. I don't follow what it says, 
though..did someone publish songs and put Billy Jones, Ernie Hare and Al 
Bernard's names on them as songwriters? Bernard, at least, WAS a songwriter and 
ASCAP member.

dl

On 12/17/2012 9:14 PM, Ray wrote:
> The page didn't open for me either, the first time.  But a few seconds later
> it did on second try.  So keep trying.
> RayK
>>
>>
> From: David Lennick
> The page won't open. But when did Ernie Hare ever compose popular songs?
>>
> On 12/17/2012 7:27 PM, Kristjan Saag wrote:
>> Now, here's a twist.
>> The song "Midnight Moon" (with the "Everybody Loves Somebody"-melody)
>> was recorded - and you can listen to it here:
>> http://archive.org/details/MidnightMoon
>>
>> And it may even be that Coslow didn't write the song! The Actuelle disc
>> credits Hare-Schafer-Bernard as songwriters, and here's more about that:
>>
>> http://books.google.se/books?id=2hTmIYzDdN0C&pg=PA9&lpg=PA9&dq=%22midnight+moon%22+%22coslow%22&source=bl&ots=xot5GmOGVH&sig=O5TaRAHKbfnz-usaZSRINX9EDCY&hl=en&sa=X&ei=PoPPUOnQCNH24QSEsICoBg&ved=0CDMQ6AEwAQ#v=onepage&q=%22midnight%20moon%22%20%22coslow%22&f=false
>>
>> So who is gonna sue Coslow now?
>> Kristjan
>>
>>
>>
>> On 2012-12-17 21:40, Jeff Sultanof wrote:
>>> Thanks for confirming my memory.
>>>
>>> Jeff
>>>
>>> On Mon, Dec 17, 2012 at 12:56 PM, David
>>> Lennick<dlennick at sympatico.ca>wrote:
>>>
>>>> I've found the book. No reference to the song, to Irving Taylor or to
>>>> Ken
>>>> Lane,
>>>> or even to Dean Martin.
>>>>
>>>> An odd thing about the book..the dustjacket has an odd finish and was
>>>> sticking
>>>> to the inside pages.
>>>>
>>>> dl
>>>>
>>>> On 12/17/2012 11:50 AM, Jeff Sultanof wrote:
>>>>> I read the book a couple of times and I don't remember this coming up.
>>>> But
>>>>> it has been several years since I last read it. Coslow wasn't the sort
>>>>> of
>>>>> person to bring this up, contrasting with Jerry Herman's book, where he
>>>>> doesn't give details, but certainly is quite emotional over the Hello
>>>>> Dolly/Sunflower situation. He certainly could have skipped it, but
>>>> didn't.
>>>>>
>>>>> When I first joined WB Publications back in 1979, a lot of the old
>>>>> guard
>>>>> was still there. For this sort of situation, I used to ask a man named
>>>>> Walter Evans, who had a memory that was simply amazing. If I mentioned
>>>>> a
>>>>> case of this sort, he would find data from his office library and leave
>>>> it
>>>>> on my desk for me to read. What an education I received from these
>>>> people!
>>>>>
>>>>> As I said earlier, it all boils down to what was agreed at the time.
>>>>> However, the courts tend to rule that since there are several new
>>>>> technologies that generate income for songs, movies, etc., that the
>>>> estates
>>>>> should benefit from them. The other side of course is that this makes a
>>>>> mockery of the idea of public domain. How much money do these people
>>>>> want
>>>>> anyway? The original writers are long gone, but companies like Disney
>>>> have
>>>>> powerful people working in their favor.
>>>>>
>>>>> This subject always generates a spirited discussion from my
>>>>> show-business
>>>>> lawyer acquaintances.
>>>>>
>>>>> Jeff Sultanof
>>>>>
>>>>> On Mon, Dec 17, 2012 at 11:28 AM, David Lennick<dlennick at sympatico.ca
>>>>> wrote:
>>>>>
>>>>>> 8 million showbiz books here and I know I have "Cocktails For Two" but
>>>>>> haven't
>>>>>> found it yet.
>>>>>>
>>>>>> Fascinating stuff, hey?
>>>>>>
>>>>>> dl
>>>>>>
>>>>>> On 12/17/2012 11:25 AM, Jeff Sultanof wrote:
>>>>>>> Now this is interesting. I checked ASCAPs website, and the song is
>>>> there
>>>>>>> with Coslow's name. When I worked at Warner Music, I used to use this
>>>>>> song
>>>>>>> in folios all the time. On no piece of printed sheet music was
>>>>>>> Coslow's
>>>>>>> name listed, and I've never seen it listed on any recording.
>>>>>>>
>>>>>>> Which makes me think of a possible scenario which took place with
>>>>>>> "Here
>>>>>>> Comes Santa Claus" and other songs: Lane may have written the song
>>>>>> without
>>>>>>> ever hearing Coslow's song, Coslow heard it, took Lane to court, and
>>>>>>> a
>>>>>> deal
>>>>>>> was made for Coslow to collect royalties. In such cases, the rights
>>>>>>> to
>>>>>> the
>>>>>>> song usually remain with the publisher and the writers (in this case,
>>>>>>> Sinatra Songs, and later Sands Music) with Coslow getting whatever
>>>>>> percent
>>>>>>> everybody agreed to, but him having no individual rights to the song.
>>>> Of
>>>>>>> course this is all moot until someone can produce the records of the
>>>>>> court
>>>>>>> decision, which would certainly spell out what Coslow's rights were.
>>>>>>>
>>>>>>> Jeff Sultanof
>>>>>>>
>>>>>>> On Mon, Dec 17, 2012 at 9:50 AM, David Lennick<dlennick at sympatico.ca
>>>>>>> wrote:
>>>>>>>
>>>>>>>> Interesting that Nat Shapiro's Popular Music books list only Taylor
>>>> and
>>>>>>>> Lane as
>>>>>>>> composers, and the song being published in 1948. The Variety book
>>>>>> doesn't
>>>>>>>> list
>>>>>>>> it at all, so I presume it's non-ASCAP.
>>>>>>>>
>>>>>>>> dl
>>>>>>>>
>>>>>>>> On 12/17/2012 9:32 AM, Kristjan Saag wrote:
>>>>>>>>> The court has probably decided long ago. The article was from 1997.
>>>>>>>>> Kristjan
>>>>>>>>>
>>>>>>>>>
>>>>>>>>> On 2012-12-17 14:38, Jeff Sultanof wrote:
>>>>>>>>>> Unfortunately, my copy of Coslow's autobiography is in storage.
>>>>>>>>>> Does
>>>>>>>> anyone
>>>>>>>>>> have access to a copy? Does he bring this up?
>>>>>>>>>>
>>>>>>>>>> Midnight Moon may not have been published. Sam was a great
>>>>>>>>>> salesman
>>>> of
>>>>>>>> his
>>>>>>>>>> own music, and perhaps he played the melody for Ken Lane. Lane was
>>>> all
>>>>>>>> over
>>>>>>>>>> Hollywood as a vocal coach at the time; he was also on the radio
>>>>>>>>>> as
>>>> a
>>>>>>>> vocal
>>>>>>>>>> group leader. By all accounts, he was a nice guy and not a crook;
>>>> this
>>>>>>>> is
>>>>>>>>>> certainly not a scenario where a song was simply stolen, or the
>>>> artist
>>>>>>>> had
>>>>>>>>>> his name attached to get royalties.
>>>>>>>>>>
>>>>>>>>>> I think the court will probably side with Coslow's daughter.
>>>>>>>>>>
>>>>>>>>>> Jeff Sultanof
>>>>>>>>>>
>>>>>>>>>> On Mon, Dec 17, 2012 at 5:45 AM, Kristjan Saag<saag at telia.com>
>>>>>> wrote:
>>>>>>>>>>
>>>>>>>>>>> And the interesting thing is how Ken Lane got to be the
>>>>>>>>>>> composer...
>>>>>>>>>>> Kristjan
>>>>>>>>>>> --
>>>>>>>>>>> On 2012-12-17 11:25, Nigel Burlinson wrote:
>>>>>>>>>>>> John:
>>>>>>>>>>>>
>>>>>>>>>>>> Here's the answer:
>>>>>>>>>>>>
>>>>>>>>>>>> SAME OLD SONG: A New York music company is asking a Superior
>>>>>>>>>>>> Court
>>>>>>>> judge
>>>>>>>>>>> in
>>>>>>>>>>>> Los Angeles to review a 47-year-old case and declare that the
>>>>>>>>>>>> wife
>>>>>> of
>>>>>>>>>>>> composer Sam Coslow is no longer entitled to royalties from the
>>>>>> 1960s
>>>>>>>>>>> Dean
>>>>>>>>>>>> Martin hit "Everybody Loves Somebody."
>>>>>>>>>>>>
>>>>>>>>>>>> Coslow, who died in 1982, got his start on Tin Pan Alley, and
>>>>>>>>>>>> some
>>>>>> of
>>>>>>>> his
>>>>>>>>>>>> songs became well-known standards for such artists as Bing
>>>>>>>>>>>> Crosby,
>>>>>>>> Billie
>>>>>>>>>>>> Holliday, Ella Fitzgerald, Duke Ellington and Spike Jones. He
>>>>>>>>>>>> even
>>>>>>>> won an
>>>>>>>>>>>> Academy Award as the producer of a short film featuring Groucho
>>>> Marx
>>>>>>>> and
>>>>>>>>>>>> Carmen Miranda.
>>>>>>>>>>>>
>>>>>>>>>>>> At issue is an agreement reached between Coslow and two
>>>>>>>>>>>> lyricists
>>>> in
>>>>>>>>>>> 1950 to
>>>>>>>>>>>> split royalties from "Everybody Loves Somebody." A court fight
>>>>>>>> determined
>>>>>>>>>>>> that Coslow wrote the melody during the 1920s, only he called
>>>>>>>>>>>> his
>>>>>> song
>>>>>>>>>>>> "Midnight Moon." Ken Land and Irving Taylor penned the
>>>> now-familiar
>>>>>>>>>>> lyrics.
>>>>>>>>>>>>
>>>>>>>>>>>> Sands Music Corp., which according to the suit obtained
>>>>>>>>>>>> "Everybody
>>>>>>>> Loves
>>>>>>>>>>>> Somebody" from Sinatra Songs Inc., claims that the copyright to
>>>>>>>> "Midnight
>>>>>>>>>>>> Moon" expired on Dec. 31, 1995. Therefore, the company no longer
>>>>>>>> wants to
>>>>>>>>>>>> pay royalties to Coslow's heirs.
>>>>>>>>>>>>
>>>>>>>>>>>> But the copyright held by the two lyricists still has years to
>>>>>>>>>>>> go,
>>>>>> and
>>>>>>>>>>>> Coslow's daughter thinks it's unfair that two men who slapped
>>>>>>>>>>>> some
>>>>>>>> words
>>>>>>>>>>>> onto her father's song should receive all the royalties.
>>>>>>>>>>>>
>>>>>>>>>>>> But fair or unfair, "that's the way we interpreted the
>>>>>>>>>>>> agreement,"
>>>>>>>> said
>>>>>>>>>>>> Sands' lawyer, David S. Olson. "We're just asking the court to
>>>> tell
>>>>>> us
>>>>>>>>>>> what
>>>>>>>>>>>> to do."
>>>>>>>>>>>>
>>>>>>>>>>>> Coslow's daughter, Cara, says the copyright's clock should have
>>>>>>>> started
>>>>>>>>>>>> ticking for everyone in 1950--when they signed the agreement
>>>>>> splitting
>>>>>>>>>>> the
>>>>>>>>>>>> royalties.
>>>>>>>>>>>>
>>>>>>>>>>>> "They took a song and attached different lyrics to it," Coslow
>>>> said.
>>>>>>>> "I
>>>>>>>>>>>> could add lyrics to 'Rhapsody in Blue' tomorrow and it would
>>>>>>>>>>>> still
>>>>>> be
>>>>>>>>>>>> 'Rhapsody in Blue.' "
>>>>>>>>>>>>
>>>>>>>>>>>> Coslow, who is director of casting at Carsey-Werner in Studio
>>>> City,
>>>>>>>>>>> insisted
>>>>>>>>>>>> that everyone is still singing the same old song. "I can give
>>>>>>>>>>>> you
>>>>>> all
>>>>>>>> our
>>>>>>>>>>>> records,' she said. "I'll show you the sheet music. I'll even
>>>>>>>>>>>> hum
>>>> a
>>>>>>>> few
>>>>>>>>>>> bars
>>>>>>>>>>>> for you."
>>>>>>>>>>>>
>>>>>>>>>>>> As for "Everybody Loves Somebody," its latest incarnation was as
>>>>>>>>>>>> a
>>>>>>>> jingle
>>>>>>>>>>>> for Western Union commercials. The lyrics went something like
>>>> this:
>>>>>>>>>>>> "Everybody needs some money sometime." Try singing that to
>>>> "Rhapsody
>>>>>>>> in
>>>>>>>>>>>> Blue."
>>>>>>>>>>>>
>>>>>>>>>>>>
>>>>>>>>>>>>
>>>>>>>>>>>> (taken from "The Los Angeles Times"" August 3 1997)
>>>>>>>>>>>>
>>>>>>>>>>>>
>>>>>>>>>>>>
>>>>>>>>>>>> I found no recordings of "Midnight Moon" and it's not listed on
>>>> his
>>>>>>>> ASCAP
>>>>>>>>>>>> file!
>>>>>>>>>>>>
>>>>>>>>>>>> Nigel Burlinson (burlinson at orange.fr)
>>>>>>>>>>>>
>>>>>>>>>>>>
>>>>>>>>>>>>
>>>>>>>>>>>>> Message: 14
>>>>>>>>>>>>> Date: Mon, 17 Dec 2012 20:04:58 +1100
>>>>>>>>>>>>> From: "John Rogers"<johnhrogers at optusnet.com.au>
>>>>>>>>>>>>> Subject: [78-L] Everybody Loves Somebody question
>>>>>>>>>>>>> To:<78-l at klickitat.78online.com>
>>>>>>>>>>>>> Message-ID:<000001cddc35$9a81fd00$cf85f700$@com.au>
>>>>>>>>>>>>> Content-Type: text/plain; charset="us-ascii"
>>>>>>>>>>>>>
>>>>>>>>>>>>> Everybody Loves Somebody (Sometime) was published in 1947 and
>>>>>>>> recorded
>>>>>>>>>>> by
>>>>>>>>>>>>> Frank Sinatra.  It was successfully revived by Dean Martin in
>>>> 1964
>>>>>>>> and
>>>>>>>>>>> was
>>>>>>>>>>>>> used as the theme of Martin's television series.
>>>>>>>>>>>>>
>>>>>>>>>>>>>
>>>>>>>>>>>>>
>>>>>>>>>>>>> Sheet music from 1947 and 1964 shows words by Irving Taylor and
>>>>>>>> music by
>>>>>>>>>>>>> Ken
>>>>>>>>>>>>> Lane.  However, a number of internet sites including the ASCAP
>>>>>>>> database
>>>>>>>>>>>>> credit Sam Coslow as co-lyricist.
>>>>>>>>>>>>>
>>>>>>>>>>>>>
>>>>>>>>>>>>>
>>>>>>>>>>>>> I would appreciate it if anyone can explain how Coslow was
>>>>>>>>>>>>> added
>>>> to
>>>>>>>> the
>>>>>>>>>>>>> lyric credits.
>>>>>>>>>>>>>
>>>>>>>>>>>>>
>>>>>>>>>>>>>
>>>>>>>>>>>>> TIA
>>>>>>>>>>>>>
>>>>>>>>>>>>>
>>>>>>>>>>>>>
>>>>>>>>>>>>> John Rogers
>>>>>>>>>>>>>
>>>>>>>>>>>>>
>>>>>>>>>>>>>
>>>>>>>>>>>>>
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