NAB reports (Jan-Dec 1940)

LONGER INTERVAL FOR ANNOUNCING RECORDS In the interests of public service and radio station con¬ venience, the Federal Communications Commission Thurs¬ day agreed that station announcements of the use of mechanical records can be made at 30-minute intervals instead of the 15-minute requirement as heretofore. This is to avoid interrupting the entertainment continuity of a recorded series of records, or of the long records now quite generally used, particularly of recorded programs relayed by wire facilities. At the same time. Section 3.93(e) of the broadcast rules has been changed to read: “The identifying announcement shall accurately describe the type of mechanicaf record used, i.e., where a transcription is used it shall be announced as a ‘transcription’ or an ‘electrical transcrip¬ tion’ and where a phonograph record is used it shall be announced as a ‘record’.” The Commission added religious service to the types of continuous recorded programs — speech, play, sym¬ phony concert or operatic production — of longer than half an hour for which the 30-minute announcement rule is waived. This change is effective immediately. NEBRASKA-ASCAP STATUTE HELD UNCONSTITUTIONAL On December 28, 1939, a specially constituted threejudge federal court in Lincoln, Nebraska, held the socalled Nebraska anti-ASCAP Statute unconstitutional as in violation of the due process and equal protection clauses of the Federal Constitution and in violation of the Federal Copyright Act of 1909. This statute sought to compel the sale of public per¬ forming rights at the same time that sheet music is sold by providing that the sale price of the performing rights should be stamped on the music and when purchased by the user at that price the user would acquire the right to publicly perform for profit during the remaining life of the copyright. The statute further provided that if the copy¬ right owner failed to stamp the sale price of the perform¬ ing rights on the music the user would acquire such INDEX Page Congress Starts; Radio Legislation Improbable . .A. F. of M . . 3933 36 More Stations Approve B.M. 1 . 3934 Mexico Ratifies Havana Treaty . 3934 Longer Interval for Announcing Records . 393.3 Nebraska-ASCAP Statute Held Unconstitutional . 3935 The Next District Meetings . 3935 FREC Releases Study VVMBD’s Program Policies , 3936 Simplified Report Forms for Broadcast Stations . 3936 Free Offers . 3936 The Business Outlook for 1940 . 3937 Henry Adams Bellows . 3938 KVNU Transmitter Looted . 3938 El Prough or Jack Sinclair? . . 3938 Inter-.American Conference . 3938 Pending Radio Bills in Congress . 3938 FCC .Appropriations . 3940 New Secretary to Commissioner Brown . 3940 FCC Recommends Telegraph Merger . 3940 FCC Assignments . 3940 performing rights at whatever price he paid for the sheet music. In addition to the foregoing, the statute prohibited the combination of a substantial number of the copyright owners of the United States for the purpose of selling blanket licenses when one of the objectives of the combi¬ nation was the fixing of prices. The court held such anti-monopoly legislation to be within the power of the legislature but held that since it was combined in the same statute with the unconstitutional provisions it could not be separated from the unconstitutional provisions and the entire statute therefore must fall. The court pointed out that the statute compelled “the owner of a copyright to offer it for sale in a certain way, and if he fails so to do takes it from him without compensation” and stated that this violated the due process and equal protection clauses of the Constitution and also the Federal Copyright Act. In speaking of the ASCAP control of copyrighted music, the court stated: “ * * * Of the popular music necessary for the successful operation of radio stations, dance halls, hotels, and theaters, the society has control of about 85% or 90% and also has control of from 50% to 75% of the standard or older music that is played occasionally. All of the large and more in¬ fluential publishers of music in the United States are members of the society. The users of music in Nebraska cannot success THE NEXT DISTRICT MEETINGS District 5 Alabama) r i i r Georgia {-Columbus, Ga. Waverley Hotel January 18, 1940 Florida — Orlando, Fla. Fort Catlin Hotel January 19, 1940 District 6 New Orleans. La. Roosevelt Hotel January 3, 1940 District 13 Dallas, Texas Baker Hotel January 5, 1940 District 15 San Francisco. Calif. Palace Hotel January 10, 1940 District 16 Los Angeles, Calif. Ambassador Hotel January 9, 1940 Di<:t-ri rt 17 ( Oregon — Portland New Heathman Hotel January 12, 1940 \ Washington — Seattle Olympic Hotel January 13. 1940 3935 January 5, 1940