NAB reports (Mar-Dec 1933)

“Proof of failure to comply with the provisions of this section shall be a complete defense to any suit for infringement of a copy¬ righted work, and no combination of copyright owners or individ¬ ual owner shall be entitled to sue for or to collect any license fees or royalties with respect to any copyrighted works not specified in the lists filed by it with the Register of Copyrights as herein pro¬ vided, nor to sue for or collect any fees or royalties which are unreasonable or discriminatory, nor withdraw the performance of more than 10 per centum of the works covered by a license during the period covered by the license. “Whenever such combination of copyright owners has granted licenses for the use of copyrighted works which it controls, or changes its fees or its lists of copyrighted works covered by an outstanding license not yet expired, any person within each class of users operating under practically the same economic conditions and desiring to make similar use of such works shall, upon applica¬ tion therefor, be entitled to a license under the same terms and conditions as such licensees and it shall be the duty of said combina¬ tion of copyright owners to grant such license upon j ayment of the stipulated fee. “In any action or proceeding brought by such combination of copyright owners, or by any individual owner, for infringement of the copyright in any work which the said combination controls, the infringing party shall be liable — “(a) To an injunction only with respect to works proved to have been infringed. “(b) To pay to the owner of the right infringed in lieu of actual damages and profits, damages in accordance with the provisions of this Act, and, in assessing such damages, the court may, in its discretion, allow the amounts stated as payment in full for all infringements by the infringing party of all works controlled by such combination up to the date of suit. “Provided, That whenever any such combination of copyright owners shall discriminate or propose to discriminate against any person within a class of users operating under practically the same economic condition, or shall demand an unreasonable charge for license of the rights to any work which it permits to be used for public performance, then the Federal Trade Commission on request of the person desiring a license, or demanding equal treatment, shall designate a representative, who, together with the representative of the licensor and the representative of the person asking for a license or for equal treatment, shall constitute a committee of arbitration. Such committee is hereby authorized to revise or other¬ wise prescribe the fees or royalties which the said combination of copyright owners may collect from the aggrieved person in return for the grant or license, said fees and conditions to be such as to prevent discrimination. “If such combination of copyright owners shall refuse to appoint a representative for arbitration on the request of any party aggrieved as aforesaid, the aggrieved party may petition the Supreme Court of the District of Columbia for an order directing that such arbitration proceed as hereinbefore provided. Ten days’ notice in writing of such application shall be made upon the de¬ faulting party and a certified copy of such notice shall be served upon the Federal Trade Commission, which, for purposes of accepting service thereof, shall be deemed its agent. Any petition to the court hereunder shall be made and heard in the manner provided by law for the making and hearing of motions, except as otherwise herein expressly provided. Each arbitrator shall be paid $10 per day and expenses, to be paid by the person asking for the arbitration.” It is not likely that action will be had on the bill during the present session of Congress. CONGRESS PASSES ECONOMY BILL The Congress this week passed the so-called economy bill giving President Roosevelt broad powers to reorganize governmental bureaus and commissions. No general reorganization has as yet been announced. ASCAP PUBLISHES OWN BULLETIN The first issue of “Words and Music,” new bulletin of the American Society of Composers, Authors and Publishers, made its appearance on March 14. The purpose of the bulletin, it is stated, is “to give news of the Society to its members and others interested and to publish bits of information about songs and song writers.” The leading article in the publication is entitled “Music and Radio,” which reviews briefly the formation of the Society and relates in a general way events leading up to the conclusion of the new radio license agreements. “The Society is not irrevocably committed to this contract and as E. C. Mills, General Manager of the Society, said in a letter to the National Association of Broadcasters, dated January 18, 1933, the Society will welcome conferences with any committee of rep¬ resentative broadcasters looking toward a revision of the formula,” the article says in part. “The Society has always been willing to negotiate with any users of its music and it stands ready at any time to meet and discuss mutual problems with any representatives of the broadcasting companies or other licensees.” FEBRUARY RADIO BULLETIN ISSUED Federal Radio Commission has just issued its Radio Service Bulletin (February) No. 191. Copies may be secured through the Secretary of the Federal Radio Commission or NAB Headquarters, National Press Building, Washington, D. C. CANADA BUYS BROADCASTING STATIONS The Canadian Radio Commission has acquired three radio trans¬ mitting stations in Canada, according to word received by the Department of Commerce, as the first step in the establishment of a chain of broadcasting stations across the Dominion. The three stations, situated in Ottawa, Moncton, and Van¬ couver, were purchased from the Canadian National Railways for a reported price of $50,000. Negotiations are now under way for the leasing of land wires enabling the broadcasting of Dominion¬ wide chain programs. It is understood, says the report, that after April 1 the regulation restricting advertising to 5 per cent of the time will go into effect. This will govern all Canadian radio broadcasting stations. WOULD DENY KVOA LICENSE RENEWAL Application of Robert M. Riculfi (KVOA, Tucson, Ariz.) for renewal of license and assignment of license to Arizona Broadcast¬ ing Company, Inc. Report No. 464. (Pratt, e.) The examiner points out that the licensee is indebted in various amounts to local business people in Tucson and that a judgment was recently rendered against the applicant in the United States District Court for the District of Arizona in favor of the ASCAP in the sum of $1,384; that title to all the physical equipment of the station had been acquired by Mrs. Riculfi; and concluded, that there was not a sufficient showing of financial responsibility to warrant a renewal of license; that while the transfer of the station equipment to Mrs. Riculfi did not appear to constitute a violation of Section 12 of the Radio Act of 1927, the affairs of the licensee generally were in such condition as to militate against the efficient operation of the station; that the record contained no evidence whatever which would warrant a finding that the operation of the station by the Arizona Broadcasting Company, Inc., would serve public interest ; and that both applications should be denied. MANY STATE LEGISLATURES ADJOURN While many state legislatures have adjourned, it is known that adjournment was decided upon in most cases with an agreement that a special session would be called in the near future. The states seem to be reconciled to the fact that regulation of broadcasting is exclusively a federal function so that there has been practically no regulatory legislation proposed in state legislatures. However, taxation of broadcasters, either on property or income, when pro¬ posed at unreasonable rates, is a menace in several states, and must be watched closely. While this is essentially a problem to be solved in each state separately, the NAB Reports try to give a cross section of what is proposed in each state pertaining to radio broadcasting, so that members may have general information on the subject. OREGON OWNERSHIP BILL KILLED What might have been a step toward state broadcasting has no doubt been averted by the indefinite postponement (and subse¬ quent adjournment of the legislature) of H. J. Res. 17, which would have amended the Oregon Constitution to permit the state to acquire radio systems to transmit messages. • Page 8 ■