About the practices of
Syndicators and Early Music Packagers



Sometimes the credits for TV series themes list people as the composers who were not the actual composers of the music. How can this happen? Has a fraud been perpetrated? Did someone "steal" credits and collect composer performance royalties for years on pieces they never wrote?

There is some ignorance about the practices of music syndicators, even among researchers who have been trying to sort out these issues for years.

So we thought it was time to set the record straight about what various syndication practices go on, and why theme credits in particular are sometimes puzzling.

What is "syndication"?


The term is used in the context of radio programming, TV series production, and music library cues used to score radio/TV and film series.

In the case of radio programming, especially for automated radio stations, it means that a company supplies a library of on-air programming for music formats. For example, a basic "Beautiful Music" format library may consist of 100 reels of cuts in various styles. Each 10" reel at 7 1/2ips may have30 cuts per reel. A contract may specify 6 - 8 new reels supplied to the stations each month.

In the case of TV series, a producer may offer a television series direct to individual TV stations, bypassing the networks. This is called "First-run syndication."

But the usual practice of a TV syndicator, is that after a show has had it's "First Run" on the network, and possibly even "Daytime re-runs" on a network, rights to distribute the show then revert to the series' producer, who may "syndicate" it, or offer it to individual TV stations. At that point it is said that the series "has gone into syndication."

The noun "syndicate" in its broadest sense means an organization formed to further some financial or other common undertaking. In the context of broadcasting, it often implies "re-cycling" programming for additional uses for the benefit of all involved.

In the early days of TV, when budgets for the new medium were as experimental as the series themselves, a similar creative approach was used to supply music scoring to low-budget producers, and to those who produced series for "First-run syndication." Examples of this kind of TV program would be filmed series for TV like Superman, Racket Squad, My Little Margie, Waterfront, and many more.

Production Music Libraries


British, German, and French production music libraries had been established in Europe in the late 1930s - 1940s, which supplied music ro radio and film companies worldwide. These libraries had names like Chappell, Boosey & Hawkes, Paxton, Francis Day & Hunter and KPM. These libraries were the outgrowths of publishing companies whose earliest business was promoting sheet music.

These publishers discovered that their "Mood music" or "Cue library" divisions were a nice spin-off of their publishing ventures. Although European libraries did not distribute library discs to the general public, they always gave proper credit to the composers of their library music on the disc, and even allowed pieces which were heard on radio to become recorded commercially if the public was inclined to buy them.

Robert Farnon's "Jumping Bean" was a cross-over "hit" in just such a fashion. It jumped from the exclusive venue of library track into a commercially successful piece recorded by several orchestras on 78rpm singles in Europe.

New York selling agents Emil Ascher and Thomas J. Valentino had the exclusive distribution rights to license music from these European libraries to radio, TV and film producers in the US.

But other creative approaches were emerging to try and solve the gap between what union musician rates demanded and what TV producers could afford in their fledgling medium. Sometimes these creative solutions were a direct end-run around the musician's union. Sometimes they also involved making a way to recycle cues so that NEW uses would receive payments through a different channel.

For early TV series like the 1949 Lone Ranger, a library of cues which had been recorded by union musicians for the radio series (1933 - ) was slightly re-arranged and re-recorded in Mexico City, in order to supply the TV productions with music and avoid union problems. Composer credits were authentic.

For the 1950 TV series "The Cisco Kid", composer Albert Glasser used cues he wrote which had originally been recorded in France for a previous series of "Cisco Kid" feature films.

In 1950 Alexander Laszlo, a Hungarian-born silent-film composer who emmigrated from Germany, amd who had composed low-budget film scores since coming to the New York in the 1940s. He had re-cycled cues from these early film scores in a series of discs called "Universal Production Aids" distrubuted by Armed Forces Radio." Laszlo also entered the business of TV music in LA with a revised version of this library, which he now called "Structural Music." He told clients about his theory of plotting emotions across several axes of a graph, and how he categorized his compositions using a numbering system based upon these graphs and other factors.

Perhaps his approach was a sales gimmick, or perhaps he felt it had some sound basis, it at least worked for him, since he began supplying clients with music. Most all of the recording sessions he produced were in Europe at the Stuttgart Radio Studio, and a few may have been done locally as "dark (non-union) dates". But low-budget TV syndicators could not afford to pay more, and required a one-time use fee (often called a "needle drop" fee, or even a "blanket" license to use as much as they wanted from the library for a series.) In return for the relatively low use fees he charged, Laszlo got to keep any new material he developed specifically for a TV series (like "Burns & Allen" or "My Little Margie") and re-cycle it in his library.

Music Syndication for TV and Film


Several companies in the US were in the business which catered to these low-budget TV syndicators. The next year after Laszlo started Structural Music, David Chudnow began a music service and library in 1951 called "Mutel" (which stood for "Music For Television".) He was also using the practice of syndication for his music. He would give the owners of music cues, including Alexander Laszlo, the opportunity to include their music in his library, most likely for a flat-fee.

If the cue was not in very widespread use, the owner of the music may agree to this syndication. In order to collect ASCAP and BMI royalties for the new uses created by Mutel, they gave new names to the cues, and even gave credit to new composers, who may have been a music editor that spliced the cue differently, or a pseudonym, or even a fictitious name created by the publisher just for the purpose of collecting royalties.

Sometimes (as in the case of Racket Squad, and Rin-Tin-Tin) a theme might be re-edited into several pieces. Enterprising David Chudnow, even sub-licensed parts of his library to Capitol records as the Capitol "Q" Series (1953), and edited the original Mutel cues into even more tracks, with yet even more names. Joseph Mullendore's catchy Mutel march tune "March of the Rams" was spliced into two different themes for license to Captiol "Q" -- Theme No. 46 and Mood No. 50.

One of these edited tracks from the Capitol "Q" library--called "Theme No. 46 (Sports -- March) " was used weekly on ABC netowrk's "Game of the Week" football broadcasts. It became so popular that it was published for marching band under the name "Game of the Week March."

Another edit of Mutel's "March of the Rams" was called "Mood No. 50 (Sports - march)". It was used in combination with a bugle call ("assembly") as the main title for "Rin-Tin-Tin."

A motif by William Lava originally used in the cue "Presenting the Doctor" from a 1940 film called "The Courageous Dr. Christian", was purchased by Raoul Kraushaar's Omar Music, and after a modest change of a few notes, retitled "Secret of the Silent Hills". It became the theme song for the early seasons of the "Lassie" TV Show. A later cue by Les Baxter with a whistled melody became the "Lassie" theme for later seasons.

Raoul Kraushaar was a composer, who started a similar service initially supplying series including "Lassie" under the name "Omar Music Service." He went on to supply other programs including "Abbott and Costello" too.

David Gordon, a music publisher who also worked as a scoring service under the name "Gordon Music" re-cylced themes and published them, sometimes even commissioning marching band arrangements in the style of a traditional publisher. Since David Chudnow and Raoul Kraushaar were not traditional pubilshers, they often worked with Gordon Music to supply sheet music or band arrangements of their themes when demanded by the public.

All three of these syndicators or music services--Chudnow's Mutel, Kraushaar's Omar Music Service, and Gordon Music Company, drew from the same pool of LA composers who had experience in B-pictures for Republic Studios and Hal Roach and other studios. These included William Lava, Joseph Mullendore, the ubiquitous Alexander Laszlo, Herb Taylor , Les Baxter, and others.

MUTEL had begun using compositions supplied by composers William Loose and Bill Cookerly. MUTEL supplanted these original pieces recorded overseas, with cuts from the above pool of composers which they re-cyclced. There was also a music editor named Leon Klatzkin who was originally at Hal Roach Studios and who hired MUTEL to provide cues for productions he worked on there.


How does an Editor gets Composer credit?


As described above, although it may seem duplicitous to the uniformed, the same piece of music may be given several titles during its lifetime, and even may be credited to several composers--for reasons of collecting performing rights royalties from ASCAP and BMI, and other income from the exploitation of the piece from NEW uses.

The phrase "NEW uses" is the key to understanding why this happens. Mutel, Kraushaar, and Gordon were gambling on the new medium of TV to generate NEW uses for music that was laying dormant as an older film cue, and on pieces which they commissioned as an investment in their new enterprise. They investment gamble was putting up the "buyout" money as an untested stake in the future of TV business, and so they wanted a hefty return on their investment, beyond the usual publishing rights for which a traditional publisher would ask.

If there is a contract in which a composer (or other owner) of a piece of music gives up a portion or all of his rights in the piece of music, then another mechanism for identifying the piece at that point in time may need to be established. Such a mechanism would be a new title. This is to avoid confusion with earlier uses, for which the composer may still collect royalties. If a music service generates new uses, it wants to collect royalties for the NEW uses. Of couse nothing prevents the OLD uses from generating royalties to the composer--for example, if a B-picture is seen on TV again, or given a foreign re-run.

Since ASCAP and BMI pay performance royalties to both composer and publisher, MUTEL, Gordon and others, wanted to get a return on their "buyout" investment by collecting the composer's share of royalties on these NEW uses as well as the publisher. So they had to invent or assign a name to the piece as a composer for this purpose.

In the case of Mutel, editor Leon Klatzkin who often cut the Mutel cues into different sequences was given the honor. Consequently his name appears as composer of "Superman", "Racket Squad", and other series.

In the case of publisher David Gordon, he used variations of names from his family as fictitious composer names.

In the case of Omar Music packager Raoul Kraushaar, he used his own name.

The Ethical Debate


Some people may think that the practices of these music syndicators were underhanded or even outright fraudulent. Having been a composer, I can see that many composers just have to keep looking for ways to keep making a living. So it might seem like these syndicators are like vultures preying on the innocent composer. But there are two sides to every story.

No composer went into these deals with their eyes closed. I believe a few of the composers who agreed to a "buyout" of rights, and signed such contracts, may have seen certain of their cues become popular with other titles and names attached. They may have regretted their decision to license their music to a packager in these particular cases. But these cases were probably the exception rather than the rule.

The investment of the music packager/syndicator was a very risky investment in the early days of TV, and so I understand how the use of fictitious names and titles was a way to maximize their return on this risky investment. It's hard to believe that anyone involved in these deals was signing a contract which did not stipulate the rights of the packager to do these things. It stretches credulity to believe any packager would just "steal" a cue and assign a name and collect royalties, hoping the original composer or owner would not hear it on TV. It's absurd to think a packager would risk the legal consequences of his entire business for a couple of royalty checks.

Consequences for the Collector


Of course, there are those of us who have pondered why "Racket Squad" appeared to have two themes, when only one piece was used...or how the "Death Valley Days" theme which was recycled via Mutel and Capitol "Q" ended up used as the theme for the syndicated series "Sky King" during some seasons.

The "Superman" theme is still one of those cases, where we may never find out the original composer. Undoubtedly Klatzkin edited the sound montage behind the famous opening "Look--up in the sky. It's a bird! It's a plane! It's Superman!" Does that mean Klatzkin did or didn't actually compose the two cues--a "flying theme" and a "march theme" which have been listed as his composition under the names "Superman, Main & End" and "Superman Trailer."

It's fun to dig and speculate. Editor/author and Superman TV series expert, Paul Mandell of Brooklyn, NY has been trying to unravel these mysteries for some years now. He has spent considerable resources in his quest, even going so far as Europe to track it down. We wish him well in his mission. In liner notes from a CD he co-produced in 2000 for Varese-Sarabande of music from "The Adventures of Superman", Mandell wrote he suspected one of the orchestrators who worked for cue supplier Jack Shaindlin of Cinemusic fame may have been the original ghost-writer of the "Superman" THEME. But new theories may supplant the old when it comes to pinning down ghost writers. And it is Klatzkin's name on the copyright and publisher contracts, so perhaps it doesn't matter...ghosts will be ghosts and should probably stay that way...

As Paul Mandell has found out from talking to some of the MUTEL staffers, memories fade, and the precise facts of nearly 50 years ago may tend to blur together. Perhaps it is just as well the rest of us don't become consumed by these issues too much. It might tend to blur our own enjoyment of the music and memories themselves.


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