NAB reports (Jan-Dec 1948)

players, and records. But the point that most im¬ pressed the committee lay in his statement that the cessation of recording would affect the jobs of 125,000 workers in RMA member companies alone. It was while J. N. (Bill) Bailey, executive director of the FM Association, was delivering his formal statement to the committee that the news of Petrillo’s acquittal in Chicago came into the hearing room. It was whispered into the ear of Chairman Hartlejq and shortly afterward Mr. Bailey read aloud a note handed him, telling of the vei’dict. One Station Allowed. Mr. Bailey’s testimony turned primarily on the question of duplication on FM of musical network progi’ams, forbidden by the AFM leader, although the committee brought out that musi¬ cians are allowed to play on individual FM stations. Leonard Asch, WBCA, Schenectady, followed Mr. Bailey on the witness stand. He was the first of the industry witnesses to accede to repeated committee requests for suggestions as to specific legislation against Petrillo. But he rejected as too sweeping one suggestion by Rep. Clare Hoffman (R-Mich.). “For some years,” Rep. Hoffman said, “legislation has been pending which would make it a crime to inter¬ fere in any way with the creation or transmission of radio programs. Would that help your situation?” Mr. Asch then objected that the law would be too genei’al. “It might make a criminal of an operator who acci¬ dentally put us off the air,” he said. Rep. Hoffman did not explain what legislation he had in mind, but dropped the series of questions at that point. E. Z. Jones, WBBB and WBBB-FM, Burlington, N. C., testified briefly on his need to duplicate night¬ time network programs on his FM station, since his AM station operates on a part-time schedule. He said he was not interested in general duplication of programs. He was followed by Everett Dillard, president of the Continental Network of FM stations, who explained the network’s pi’oblems under the ban on use of musi¬ cians on more than one FM station. Major Edwin H. Armstrong recounted for the Com¬ mittee on Thursday morning the difficulties en¬ countered in development of FM. The inventor of this new service hopes, he said, that Mr. Petrillo’s lack of cooperation is the last of what he termed “man-made” obstacles. Questioned about possible “collusion” be¬ tween AFM and AM interests. Major Armstrong said he had no evidence of any such agreement to keep FM stations from getting live music. Asked about possible ways in which FM’s problem could be solved, he said : “It seems to me that the AntiTrust Act is the remedy.” Television. The AFM’s refusal to provide any live music for television programs has worked to the dis¬ advantage of the viewing public and members of the musicians union, rather than television broadcasters, TBA President J. R. Poppele told the Committee Thursday afternoon. While viewers are being deprived of musical comedies, symphonies and other such program fare, Mr. Poppele pointed out, television producers are learn¬ ing to prepare acceptable musical programs without live music. Consequently, he said, “the musicians themselves, as well as members of other unions, who normally would be employed for their entertainment value, have suffered the most.” Warning against assumption that the recording com¬ panies can, with their present backlog of masters, continue normal operation over a period of years, RCA Victor’s James W. Murray, spokesman for the record manufacturers, told the Committee on Friday: “Try as they might, it is impossible for the recording com¬ panies to have recorded the popular music of to¬ morrow.” “It is true,” he conceded, “that many of the com¬ panies and particularly the larger companies were able to spend a large amount of money in a small number of months and to record at a rate considerably faster than they otherwise might have in order to build up an inventory.” He quoted the truism of the popular music field “next week’s hit is being written this week” to explain why these inventories must of neces¬ sity be incomplete. Smaller companies did not have capital necessary to produce a backlog of masters, Mr. Murray added, and are “faced with immediate starvation and quick death.” Challenging the economic concept on which Mr. Petrillo based his decision to cease recording, the re¬ cording industry spokesman told the committee: 1 “There are more musicians employed today at far higher wages and under considerably better working conditions than have ever been employed in the past.” “ . . . recorded music creates employment to a degree and in a volume which the performance of music by live musicians could not under any circum¬ stances equal.” f “The ban will have just the opposite effect which Mr. Petrillo claims. [For instance] It will destroy the existing employment of those members who play in symphony orchestras. Orchestras like the Boston, Philadelphia and New York Symphonies each receive as much as $150,000 a year from their recording royalties. Without that income they could not con¬ tinue.” 1 “It is difficult to see how Mr. Petrillo is doing anyone any good, including the working members of his own union.” Recording companies have encountered more diffi¬ culties in dealing with the AFM than with other unions, he said, because “Mr. Petrillo has never prac¬ ticed collective bargaining.” AFM Has Monopoly. Several times during the hear¬ ing committee members raised the question : Why do the recording companies not employ musicians who are not members of Mr. Petrillo’s union? “The answer is,” Mr. Murray said, “that the AFM has a monopoly of the competent musicians in this country. It is im¬ possible for a professional musician to make a living unless he is a member of the union.” Previous wit¬ nesses agreed with this answer. Several committee members expressed interest in the possibilities of foreign recordings filling the gap (Continued on next page) JANUARY 19, 1948-46