Bryon Young Page

A lawsuit concerning copyright issues over the song You Can't Be True, Dear went to the US
Court of Appeals Ninth Circuit (Southern California District) in 1950 and was instituted by Plaintiffs Biltmore Music Corporation and Herbert Brownell Jr, the Attorney General of the USA against Defendant
Robert W. Kittinger, who was President and GM of Chicago Recording Studios (Broadcast Records). This case dragged on until it was finally settled December 17, 1956, barely a couple of months
before Ken Griffin passed away. The facts in the case are complicated, but in essence they appear as follows.

Note: What was of interest to me was not only the trial, but info re: the dates both You Can't Be True (Broadcast label) and You Can't Be True, Dear (Rondo label) were recorded and released, the reasons
for two recordings, and how they came about through the efforts of Ken Griffin, which was described in some detail. Here are the interesting facts gleaned from the document...

The story really begans prior to January 1, 1935, when Gerhard Ebeler and Hans Otten, then Nationals of Germany, composed the lyrics and music, respectively, of a musical composition titled Du Kannst
Nicht Treu Sein and thereafter assigned all of their rights therein to Gerhard Ebeler Verlag, a German publisher, who, during the year 1935, made application for and was granted a copyright registration. At
the time the copyright was issued, citizens of Germany were entitled to copyright in the USA by virtue of Presidential proclaimation to that effect. Between 1935 and 1938 Gerhard Ebeler Verlag, the then

Electrola. RCA had no license nor permission to manufacture or sell these records and also paid no royalties and at no time prior to April 1948 notified Gerhard Ebeler Verlag, the Alien Property Custodian
(later the US Attorney General), or Biltmore Music Corporation that the recording had been manufactured or released. RCA was under the impression the composition was mechanically free in the USA.

Between January 1, 1947 and January 1, 1949, Robert W. Kittinger was President and GM of Chicago Recording Studios, Inc. (hereinafter referred to as CRS), an Illinois corporation engaged in manufacturing
and selling phonograph records. Kittinger arranged for the recording, release, and sales of all phono records issued by CRS.

Shortly prior to August 20, 1947 musician/organist Ken Griffin contacted Kittinger and advised him he had made a number of arrangements of various musical compositions which he was willing to record for
the production of masters. These were the original recordings used for the production of dies from which phono records were produced.

On August 20, 1947 Kittinger, acting on behalf of CRS employed Ken Griffin, under a written contract for a consideration of $165 which was paid to Griffin to record eight masters. Ken made those recordings
one of which was a new arrangement of the composition as an organ solo which he had previously composed and which he played and recorded from memory inasmuch as he had not made a written score
of it. (Note: This would suggest the first Ken Griffin recordings on the Broadcast label were all made and released sometime after August 20, 1947 and not in 1946 as some have reported.)

In October 1947 CRS issued phono records of this new arrangement by Ken Griffin under the title You Can't Be True on their Broadcast label and its serial number 460. Between October 1, 1947 and March
16, 1948, under the management of Kittinger, CRS sold 4000 records of the new arrangement and 203,000 more between March 16, 1948 and March 14, 1952. (Note: In his book The American 45- and 78-RPM
Dating Guide (1985), William Daniels gave an issue date of 3-'48 for You Can't Be True by Ken Griffin on the Broadcast label. That date seems unlikely to me in view of the foregoing and one would think the
court documents, where dates really matter, would be more accurate.)

Neither Kittinger nor CRS at any time filed a statutory notice of intention to use the 'composition' or the new arrangement or paid the mechanical fees required by the Copyright Act, or any other royalties, or had
the permission of the Alien Property Custodian or Gerhard Ebeler Verlag or J.F. Bard or J.F. Bard Company Inc, or Biltmore to manufacture or sell records of the 'composition' or the new arrangement.

Between August 20, 1947, and January 1, 1948, Griffin recorded the new arrangement a second time for the production of a master. The second recording was made for Rondo Records, Inc, a phono record
manufacturer which was a competitor of CRS (Broadcast). (Note: If Wilfred Hosteland is correct in saying Ken recorded his biggest hit on New Year's Eve of 1947, that would certainly fit into the time frame above.
However it would have to be the solo organ Rondo master and not the original Broadcast version which had already been recorded sometime after August 20, 1947 and released in October of 1947 when Ken was
working for Broadcast Records.)

When Ken recorded You Can't Be True, Dear this second time, Julius F. Bard was the Vice President of Rondo Records. Rondo was founded by Bard, who became President, and Executive NIck Lany. Bard,
after hearing the new arrangement played by Ken personally and after hearing the record of it issued by CRS, and on or about February 11, 1948, composed and wrote his own arrangement and his own lyrics to
the music of Du Kannst Nicht Treu Sein and secured an unpublished registration thereon.

Thereafter and prior to March 15, 1948, Dave Dreyer of the Biltmore Music Corporation (who had not heard the record issued by CRS or the new arrangement played by Ken personally) and Bard collaborated in
composing English lyrics for the new arrangement, which was entitled You Can't Be True, Dear. [Note: Dave Dreyer arranged for the English lyrics to be written by Hal Cotton, according to Million Selling Records
(1984) by Joseph Murrells. The names Ebeler, Otten, Cotton, and Griffin appear under the title on the recordings.] Those lyrics are a loose translation of the original German lyrics by Gerhard Ebeler. The English
lyrics and new arrangement constitute the Biltmore publication.

On February 17, 1948 Ken signed and delivered to Bard a written instrument, purporting to be an assignment to Bard of the new arrangement.

Three days later on February 20, 1948, Ken entered into a written agreement with CRS to record exclusively for them (Broadcast Recordings). At the same time CRS paid Ken an advance royalty of $250.

On February 24, 1948 all rights, privileges and powers in connection with the copyright were seized and vested by the Alien Property Custodian and title thereto was transferred to the Attorney General of the
United States.

On March 2, 1948 J.F. Bard Company, Inc which was engaged in the business of distributing phono records was granted a license, No. E1277 by the Office of the Alien Property Custodian which permitted Bard
Company to publish sheet music and issue phono records on the Rondo label of the composition in the form of a new arrangement and with the new lyrics. (Note: You will find printed under the title You Can't Be
True, Dear on Rondo--'by Special Permission Under License of the Attorney General--No. E1277'). This license permitted Bard Company to sublicense others for the same purposes and to assign copyrights over
to Biltmore.

Bard assigned a copyright to Biltmore which was recorded in the US Copyright Office March 8, 1948. Bard would testify that on March 8 he assigned to Biltmore the rights which he had acquired from Griffin
under the instrument and that Biltmore assumed his obligations there-under; he would further testify that this assignment was oral and not recorded in the United States Copyright Office.

On March 8, 1948, Biltmore Music Corp. was incorporated under the laws of the State of New York. On March 12, Dreyer was elected President and Bard was elected Vice President of Biltmore. On March 9,
Biltmore filed a Notice of Use in the US Copyright Office.

Shortly prior to March 15, 1948, Biltmore published sheet music copies of You Can't Be True, Dear consisting of the new arrangement and the new lyrics with Copyright 1948 on the first page. Biltmore was
granted Copyright Registration on April 9.

On March 16, 1948, Bard wired Defendant Kittinger as follows: 'Stop immediately pressing You Can't Be True, Dear, as infringement of valid copyright controlled by Biltmore Music Corp, 1650 Broadway, New York,
vested with Attorney General. Apply to Biltmore Music Corp, for license otherwise their attorney will take out injunction. To avoid heavy penalty under law, suggest you get in touch with me immediately.'

Kittinger and CRS failed to answer this telegram and at no time did either of them request or obtain from Bard Company or Biltmore a license or pay any royalties to either or any other firm, corporation, or person
in connection with its phono records of the new arrangement.

Then on March 18, 1948, Kittinger wrote to the Office of Alien Property requesting forms for filing an application for a license with respect to the new arrangement. Correspondence ensued between Kittinger and
Alien Property, but no license was issued to CRS/Kittinger.

On May 10, 1948 Ken Griffin entered into a written agreement with Biltmore respecting the new arrangement and beginning in March 1948, Biltmore publicized and exploited You Can't Be True, Dear at a substantial
expense. The tune achieved great popularity and ultimately became one of the most popular song hits in America. (Note: It is difficult to pinpoint the exact date of the Rondo release of You Can't Be True, Dear
(Rondo 228) with vocal by Jerry Wayne. It was issued before the release of Rondo 128, the Griffin solo Hammond version, although the master for R-128 was recorded first and used to dub in the voice of Wayne on
R-228.)

Between March 18, 1948 and November 9, 1948 Biltmore licensed 18 phono record manufacturing companies, including Rondo Records, to manufacture and sell records of R-228 You Can't Be True, Dear. (Note:
March 18, 1948 has to be getting close to the time Rondo first released 228. The Daniels book mentioned earlier has a release date of April 1948.

On September 8, 1948 Biltmore's attorneys wrote to Broadcast Record Company for the attention of Kittinger stating that it was infringing Biltmore's copyright.

In 1950 plaintiffs instituted suit for copyright infringement against CRS and Kittinger in the State of Illinois. (Note: That being said, what is unclear is how this suit wound up in Southern California). Plaintiffs were
unable to effect service upon Kittinger in their action.

At no time was a Notice of Use filed in the Copyright Office by Ken Griffin with respect to the new arrangement. At no time was a Notice of Use filed in the Copyright Office by the Office of Alien Property, or the
US Attorney General, or Gerhard Ebeler, or Gerhard Ebeler Verlag, or Hans Otten, or anyone else, except for the Notice of Use mentioned earlier with regard to Bard Company (and its sublicensing) which assigned
its rights to Biltmore.

Kittinger had at no time sold phono records of an arrangement of the composition other than the new arrangement as first recorded by Griffin as an organ solo for CRS. The sale of records of the new arrangement
by Kittinger, identified by the title You Can't Be True (Broadcast label), was at all times with the permission of CRS.

In dismissing the complaint, the Court held, without specifying the basis for its conclusions:

(1) The failure of the copyright owner, Gerhard Ebeler Verlag, of the original composition Du Kannst Nicht Treu Sein to file a notice of use precluded any recovery from Defendant Kittinger for his recording of that
composition;

2) Ken Griffin, the composer of the arrangement, had authorized Defendant Kittinger to make and sell records of his arrangement;

(3) The failure of the Plaintiff's assignor to file a notice of use in respect of the arrangement precluded any recovery from the defendant for its recording of the arrangement; and

(4) Because the arrangement had not been published before copyright was secured, the claim of copyright subsequently registered was invalid.

Since 4000 Broadcast label records were sold and used by the public before there was an application for statutory copyright protection by March 15, 1948, it was decided the application for copyright on that date
did away with the rights acquired by the defendant before that time. The questions resolved by the court were largely questions of fact. No finding on this phase had been shown to be clearly erroneous, and the
rules were correctly stated.

Ken Griffin was thereby relieved of the necessity of obtaining permission of these owners to devise and record the new arrangement. Since he was the composer of the new arrangement, he was vested with the
right to grant valid licenses and this was a vested property right which he could assign.

Biltmore Music Corp could therefore acquire no exclusive rights to the new arrangement in entire disregard of the fact Griffin had recorded this variation for the production of a master and sold it to Kittinger.
Thereafter, according to the stipulation, the defendant had at no time since August 20, 1947, sold phono records of an arrangement of the composition 'other than the new arrangement as first recorded by Griffin
as an organ solo for CRS.' The statute provides 'any failure to file such notice shall be a complete defense to any suit, action, or proceeding for any infringement of such copyright.'

However, the trial judge went beyond this primary question and likewise determined the statutory copyright registered March 15, 1948, was invalid. This was not involved in the issues before the court, although
it had been raised by the pleadings. It was stated "We think it was sufficient to follow the language of the statute and hold that the failure to give notice of use was a complete statutory defense to all acts being
done by Kittinger and CRS since August 20, 1947...Otherwise, the judgement is affirmed."

An interesting side note: Several years ago in an email to the KG Memorial Page, former Los Angeles radio personality Johnny Mellen had some interesting comments about Broadcast Records being a kind of
small mom and pop operation in Long Beach, California run by 'Bob and Jean Kishner' back in 1949. He went on to say the 'Kishners' could not fill the orders fast enough and so Ken Griffin started his own label,
Rondo, and put out You Can't Be True, Dear on his is own. [Note: While this may seem likely, it raises another unanswered question: Does this mean Ken hired Bard and Lany who were described in The Rondo
Records Story website to be the founders of the company? Mellen was not certain about the name 'Kishner' or the date of 1949. In view of the above material he probably meant Bob Kittinger, who, indeed, was
head of CRS. You Can't Be True was released on the CRS Broadcast label in October of 1947. The trial notes indicate Chicago Recording Studios was an Illinois corporation. However, the trial was held in the
Southern District of CA (probably Los Angeles) and the notes also indicate Kittinger resided in Long Beach, CA. So although CRS was located in Chicago, were Broadcast Records made in Long Beach or had t
he whole operation moved to California sometime after 1947???--another Ken Griffin mystery!]

I took a job well over a year ago running a beautiful replica of a Victorian Carousel--a part time job at a local mall. It is a fun job. The animals were all hand-painted at the factory
and the detailing of each (30 plus two chariots) is quite amazing taking approximately 100 hours for each at the world's largest carousel manufacturer in Wichita, Kansas. Most of
the time we play CDs of the authentic type Band Organ music associated with carousels. However, later in the evenings, I sometimes play a compilation disc I made of 31 Ken
Griffin tunes suitable for the Merry-Go-Round.

One Sunday, a sweet elderly white-haired grandma came up to the gate in a wheel chair; she had one of those portable oxygen tanks. The lady told me it was her birthday, she
was 87, and she wanted to ride! Her son and daughter helped her get on one of the large horses when she said to me the music being played was not the music she remembered
on carousels. So I asked her if she was referring to the carousel organ music played everywhere back in the '40s and '50s--namely Ken Griffin? She said "Oh yes, and I still have
some of his records." I put a disc on the music system that begins with YCBTD and she absolutely loved it. She did two rides and when through, with tears in her eyes she said,
"What wonderful memories that brings back. This was the best birthday I ever had and I will always remember it!" Upon leaving she mentioned having once attended a Ken Griffin
concert in Cedar Rapids (about 25 miles north of here).

Here's the listing:

COLUMBIA (Microphone label, USA) 39500 to 40000 Numerical Listing

Label: Artist: Tune: MX: Xref: Ctrl: Date: Comp:

39966	KEN GRIFFIN	WHEN YOU WORE A TULIP	CCO5389	--------	---------	6/?/52	--------
39966	KEN GRIFFIN	LOUISIANA WALTZ	CCO5387	--------	---------	6/?/52	--------

(This is the Hammond version)

Discography / LOUISIANA WALTZ by KEN GRIFFIN

Selection: LOUISIANA WALTZ

Combo: KEN GRIFFIN

Catalog Number: 39966

Recording Date: June 1, 1952

Updated: November 28, 2009 - 2:10pm

Label: 39966; Artist: KEN GRIFFIN; Tune: LOUISIANA WALTZ; MX: CCO5387; Date: 6/?/52

Record Label: Columbia

Description: COLUMBIA (USA)

Source File: http://www.78discography.com/COL39500.htm

Curator: Tyrone Settlemier

copyright © 2009 honkingduck.com | login

http://www.78discography.com

This is the website covering all the Columbia singles released. Scroll down to Columbia USA

and click on series 38500 (1949-1950)...

It appears these were the first tunes Ken recorded after the move to Columbia. Some accounts say that move

was in the summer of 1950, but according to the info below, those two songs were recorded in January 1950

(interesting). This is assuming the records were issued in numerical order (number 38826 being issued before

38827, 38828, etc.).

Label: Artist: Tune: MX: Xref: Ctrl: Date: Comp:

38826	KEN GRIFFIN	LITTLE SALLY ONE SHOE	CCO5144	--------	--------	01/??/50	---------
38826	KEN GRIFFIN	ROSES	CCO5143	-	-	01/??/50	-
38827	KEN GRIFFIN	ARE YOU LONESOME TONIGHT	CCO5142	-	-	01/??/50	-
38827	KEN GRIFFIN	WHEN I LOST YOU	CCO5150	-	-	01/??/50	-
38828	GENE AUTRY & DINAH SHORE	OLD RUGGED CROSS	HCO4041	-	-	03/??/50	-
38828	GENE AUTRY & DINAH SHORE	IN THE GARDEN	HCO4042	-	-	03/??/50	-

Many of the following are not listed as singles in either your discography or Don Boudreaux. Some do not even have

the same number shown in Boudreau (???). If you click on any title below in blue, it gives the year that tune was recorded

KEN GRIFFIN Columbia Singles

A SONG OF OLD HAWAII - Columbia - 39675
AIN'T SHE SWEET - Columbia - 40569
ALL ALONE - Columbia - 38846
ALOHA OE - Columbia - 39677
ALWAYS - Columbia - 38846
ANNIVERSARY SONG - Columbia - 39354
ANNIVERSARY WALTZ - Columbia - 39352
APRIL IN PORTUGAL - Columbia - 39983
ARE YOU LONESOME TONIGHT - Columbia - 38827
AUF WIEDERSEH'N SWEETHEART - Columbia - 39809
BECAUSE - Columbia - 39355
BLACK ORCHID - Columbia - 40489
BLONDE SAILOR - Columbia - 39566
BLUE HAWAII - Columbia - 39677
BUMPITY BUMP - Columbia - 40489
CECILE WALTZ - Columbia - 39880
CRYING IN THE CHAPEL - Columbia - 40062
CUCKOO WALTZ - Columbia - 40469
DRIFTING AND DREAMING - Columbia - 39675
EASTER PARADE - Columbia - 38844
EBB TIDE - Columbia - 40093
ELMER'S TUNE - Columbia - 39669
FERRY BOAT SERENADE - Columbia - 40254
FLIRTATION WALTZ - Columbia - 40153
GIMME A LITTLE KISS - Columbia - 39948
GIRL THAT I MARRY - Columbia - 38845
GOLDEN SAILS - Columbia - 38895
GOLDEN SANDS AND SILVERY SEA - Columbia - 39676
HALF AS MUCH - Columbia - 39809
HARBOR LIGHTS - Columbia - 38889
HAVE YOU HEARD - Columbia - 39952
HERE COMES SANTA CLAUS - Columbia - 38981
HI-LI-LI, HI-LO - Columbia - 40603
HUMORESQUE - Columbia - 39002
I CAN'T DO WITHOUT YOU - Columbia - 38845
I DON'T KNOW WHY - Columbia - 40101
I GET SO LONELY - Columbia - 40221
I LOVE YOU TRULY - Columbia - 39354
I NEED YOU NOW - Columbia - 40346
I'M ALWAYS CHASING RAINBOWS - Columbia - 40569
IF YOU COULD LOVE ME - Columbia - 39002
IN A CHAPEL BY THE SIDE OF THE ROAD - Columbia - 39775
IN A LITTLE GYPSY TEA ROOM - Columbia - 39047
IN AN EIGHTEENTH CENTURY DRAWING ROOM - Columbia - 39880
IN THE CHAPEL IN THE MOONLIGHT - Columbia - 40303
INDIANA - Columbia - 39603
IT HAD TO BE YOU - Columbia - 40101
JEALOUS - Columbia - 39946
JOSEPHINE - Columbia - 38889
LAMPLIGHTER'S SERENADE - Columbia - 39947
LET ME CALL YOU SWEETHEART - Columbia - 39353
LITTLE BROWN JUG - Columbia - 40609
LITTLE OLD MILL - Columbia - 40221
LITTLE RED MONKEY - Columbia - 39983
LITTLE SALLY ONE SHOE - Columbia - 38826
LONESOME - Columbia - 40153
LOUISE - Columbia - 39514
LOUISIANA WALTZ - Columbia - 39966
LOVE ME, LOVE ME, LOVE ME - Columbia - 39785
MARIE - Columbia - 39949
MASQUERADE - Columbia - 40470
MISTAKES - Columbia - 39785
MOONBEAMS - Columbia - 40470
MOONLIGHT AND ROSES - Columbia - 39137
MUSIC IN MY HEART - Columbia - 39418
MY BEST TO YOU - Columbia - 40254
MY DREAMS ARE GETTING BETTER ALL THE TIME - Columbia - 40281
MY HEART CRIES FOR YOU - Columbia - 39142
NO OTHER LOVE - Columbia - 40039
O - Columbia - 40062
OH HAPPY DAY - Columbia - 39915
OUR FAVORITE WALTZ - Columbia - 40303
OUR HEARTBREAKING WALTZ - Columbia - 40184
PARADE OF THE WOODEN SOLDIERS - Columbia - 39682
PETITE WALTZ - Columbia - 39047
PRETEND - Columbia - 39915
RED SAILS IN THE SUNSET - Columbia - 39386
REMEMBER - Columbia - 38844
REMEMBERING - Columbia - 39137
ROSARY LANE - Columbia - 39775
ROSES - Columbia - 38826
RUDOLPH THE RED-NOSED REINDEER - Columbia - 38981
SAN ANTONIO ROSE - Columbia - 39085
SENTIMENTAL JOURNEY - Columbia - 39949
SEPTEMBER IN THE RAIN - Columbia - 40416
SHEPHERD SERENADE - Columbia - 39947
SIDE BY SIDE - Columbia - 39514
SILVER BELL - Columbia - 39361
SLEEPY TIME GAL - Columbia - 39603
SMILE - Columbia - 40346
SO LONG - Columbia - 39142
SOMEBODY ELSE IS TAKING MY PLACE - Columbia - 40416
SOMEBODY LOVES YOU - Columbia - 39085
SONG IS ENDED - Columbia - 38847
ST LOUIS BLUES - Columbia - 39948
SUNDAY - Columbia 39669
SWEET LEILANI - Columbia - 39676
SYMPHONY IN 3/4 TIME - Columbia - 39566
SYNCOPATED CLOCK - Columbia - 39386
TEARS NEVER LIE - Columbia - 39682
THE BAND PLAYED ON - Columbia - 40609
TILL I WALTZ AGAIN WITH YOU - Columbia - 39952
TILL WE TWO ARE ONE - Columbia - 40184
TOGETHER - Columbia - 39352
TWELFTH STREET RAG - Columbia - 39946
WALKIN' TO MISSOURI - Columbia - 39857
WALTZ OF THE ROSES - Columbia - 39361
WE ALL NEED LOVE - Columbia - 40646
WHEN I LOST YOU - Columbia - 38827
WHEN I LOST YOU - Columbia - 38847
WHEN YOU WORE A TULIP - Columbia - 39966
WHEN YOUR HAIR HAS TURNED TO SILVER - Columbia - 39353
WHY DID YOU BREAK MY HEART - Columbia - 38895
WONDERFUL ONE - Columbia - 39355
WUNDERBAR - Columbia - 40603
YAH DEAR - Columbia - 40093
YOU ARE MY SUNSHINE - Columbia - 40281
YOU BELONG TO ME - Columbia - 39857
YOU CAN'T BE TRUE DEAR - Columbia - 40469
YOU CAN'T TELL A LIE TO YOUR HEART - Columbia - 39418
YOU YOU YOU - Columbia - 40039
YOU'RE MY LOVE SONG - Columbia - 40646

KEN GRIFFIN & ANDY NELSON
DIPSY DOODLE - Columbia - 39711
KING'S SERENADE - Columbia - 39674
PUT YOUR LITTLE FOOT RIGHT OUT - Columbia - 39711
SONG OF THE ISLANDS - Columbia - 39674

KEN GRIFFIN (Organ & Chimes)
ADESTE FIDELES - Columbia - 38909
AWAY IN A MANGER - Columbia - 38910
FIRST NOEL - Columbia - 38908
I'LL BE HOME FOR CHRISTMAS - Columbia - 38911
JOY TO THE WORLD - Columbia - 38908
O LITTLE TOWN OF BETHLEHEM - Columbia - 38910
SILENT NIGHT - Columbia - 38909
WHITE CHRISTMAS - Columbia - 38911
- - ===============================

THE TOBY & SUSIE SHOW

My memory of Lazy River goes back to the early '50s in Wapello, Iowa and my first experience with live "theatre".

A traveling big tent show, Toby & Susie, was set up in the schoolyard. The shows were usually one or two act Vaudevillian-type skits (sketch comedy) with a small pit orchestra though Vaudeville
had been long dead by the 1950s. The show was augmented with a variety of acts: a juggler, an acrobat, popular or classical musicians, a comedian, a magician, and a trained animal act.

Toby and Susie travelled all over the USA putting on their shows and it was truly a slice of Americana. Before the shows, an old sound truck would make the rounds through the streets of our town promoting the evening's show, carnival barker style. The sound truck was playing a record of Lazy River by Ken Griffin (first time I heard Ken's version). I don't remember if it was the Broadcast
Records version that was played, but I think it may have been the spiffier, faster version of the tune Ken had rerecorded for Columbia.

13th November 2015.

It's been awhile; hope you're doing well. Ran across an article on Sterling Yates, KG, and 67 Melody Lane which

was news to me. Below is an excerpt. You've seen it, but your website references the entire article at: https://sites.google.com/site/pittsburghmusichistory/pittsburgh-music-story/radio/sterling-yates
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––------------------------------------------------------------------------------------------------------------------------------------------------------------------------––––

Going Down Melody Lane...

In 1954 Sterling Yates became a regular cast member on the DuMont Television Network show 67 Melody Lane starring popular organist Ken Griffin. The series, filmed in Pittsburgh, was set
in Ken's (stage) home with Yates playing his producer. We know his producer was "Sing Along with Mitch" Miller at Columbia.

If this is accurate, Ken's show was featured on the old DuMont Network. In those days only two TV stations were on-the-air in our area. One was a CBS affiliate, the other was NBC, but these stations
also carried a smattering of programs in the fringe hours from ABC and DuMont around their main network schedules. I didn't know Ken's show was on a network and thought it was sold on a
syndicated basis to TV stations. I checked DuMont's prime time grid, but didn't find KG on it in 1954-55 unless the program ran at an earlier or later time. Seems Ken did only about five shows before
pulling the plug on the deal.

Although I had thought Ken's show was probably filmed in color, maybe because of the multi-color headline font across the top of this LP.

I'm doubtful––since

the image of Ken on the TV screen has a warm tint, but looks mainly monochromatic.

Don't know why the producers of these type shows tried to make actors out of the talent with gimmicky bits for them to perform. Here's another example not quite as stiff as 67 Melody Lane:

https://www.youtube.com/watch?v=PYlG7qb3iCs

The DuMont Television Network was one of the world's pioneer commercial television networks, rivalling NBC and CBS for the distinction of being first overall in the United States beginning in
1946 (back then CBS and ABC were doing radio and had not yet established TV networks). It was owned by DuMont Laboratories, a television equipment and set manufacturer. The network
was hindered by the prohibitive cost of broadcasting, by regulations imposed by the Federal Communications Commission (FCC) which restricted the company's growth, and even by the
company's partner, Paramount Pictures. Despite several innovations in broadcasting and the creation of one of television's biggest stars of the 1950s (Jackie Gleason), the network never
found itself on solid financial ground. Forced to expand on UHF channels during an era when UHF was not yet a standard feature on television sets, DuMont fought an uphill battle for program
clearances outside of their three owned-and-operated stations in New York, Washington and Pittsburgh, finally ceasing network operations in 1956.

DuMont's latter-day obscurity has prompted TV historian David Weinstein to refer to it as the "Forgotten Network" A few popular DuMont programs, such as Cavalcade of Stars and Emmy
Award winner Life Is Worth Living with Bishop Fulton J. Sheen, appear in television retrospectives or are mentioned briefly in books about US television history, but almost all the network's
programming was destroyed in the 1970s.