NAB reports (Jan-Dec 1941)

cannot stand comparison with the music of ASCAP houses in public favor. In the column next to their list of sheet music best sellers, the Enquirer carries news items on two new songs which are now being featured — Until Tomorrow, Good Night, composition by Sammy Kaye which the composer is featuring with his own band, and Monday’s Wash, a new boogie-woogie instrumental by Erskine Butterfield, WOR entertainer and Decca recording artist. The En¬ quirer says, “Plans of recording managers indicate that record companies will go after these numbers in a big way.” Both of these promising numbers come under the BAII license. Sammy Kaye’s music is published by the Repub¬ lic Music Corporation and Monday’s Wash is a publica¬ tion of Joe Davis’s Beacon Music Company. BMI has recently concluded agreements for the performing rights in music of both of these companies and also in the cata¬ logue of Mayo Alusic Corporation, another Joe Davis company. Mr. Davis has been well known for many years in the music business and his catalogues are valuable additions to BMI. As the old year ends, BMI has become practically identical with the radio industry in the United States. As we go to press, 658 stations (672 including non-com¬ mercials) are in the BAII membership list. We welcome to the BAII ranks the following: WLAK — Lakeland, Fla. WFBG — Altoona, Penna. WBAB — Atlantic City, N. J. WBCM — Bay City, Mich. KOOS — Marshfield, Ore. W.AIM — .Anderson, S. C. WCBA-WSAN— Allentown, Pa. KHBG — Okmulgee, Okla. WING— Dayton, Ohio WIZEl — Springfield, Ohio WJPF — Herrin, Illinois WCNW— Brooklyn, N. Y. KGHL — Billings, Mont. WQBC — Vicksburg, Miss. WOLS— Florence, S. C. WJJD— Chicago, Ill. KAD.A — .Ada. Oklahoma WINX— Washington, D. C. KBKR — Baker, Oregon KHUB — Watsonville, Calif. KODL — The Dalles, Ore. KBTM — Jonesboro, Ark. WLW — Cincinnati, Ohio KA’OX — Moorhead, Minn. WGNY — Newburgh, N. Y. WA.AT — Jersey City, N. J. WWRL— Woodside, N. Y. BAII receives many letters which contain expressions of support. One recently received by Air. Tompkins sums up the substance of so many that it merits quotation. It is from Bob Nolan of Aliami, Florida: “BMI, in my humble opinion, is destined to become the most powerful musical organization in the country. Any thinking person can reach this decision by simple deduction. “You have an excellent staff of arrangers and composers. The printing layout is simple, clean cut and, therefore, perfectly legible. “Your professional department is quick, courteous and never too busy to personally correspond. “Taking all these attributes and topping them with executives who are thoroughly familiar with the trials and tribulations of broadcasting and musicians, you have the fundamental requisites of a top flight organization that will bring a smile to the counte¬ nance of the musical world. “. . . I have been in radio for twenty-one years and have spent a great many of those years in and out of this territory. . . . All of us down here are with you one hundred per cent. “Having spent so many years in the profession I have innumerable friends in ASC.AP and, as you and I both know, there are amongst them many brilliant, intelligent men who, upon hearing similar reports to mine from all over the country (as they are bound to do), there can be little doubt will ‘see the light.’ ”... The following wire was sent December 31st to all member stations: THIS IS LAST MINUTE REMINDER TO BE ATGILANT IN .AVOIDING COPYRIGHT INFRINGEMENT BUT NOT TO BE PANICKED BY BRINGING OF INFRINGEMENT ACTIONS AGAINST YOU BY ASCAP. THESE ACTIONS ARE USUALLY HARD TO PROVE, SUBJECT TO MANY DEFENSES, AND TAKE CONSIDERABLE TIME TO REACH COURT. IF CLAIM IS MADE ON WORK WHICH IS IN OUR CATA¬ LOGUE, PLE.ASE NOTIFY A’OUR LOCAL COUNSEL SO TH.4T THERE WILL NOT BE A DEFAULT PENDING AD¬ VICE FROM US AND SEND US COPIES OE COMPLAINTS OR WRITTEN CLAIMS OF COPYRIGHT INFRINGEMENT IMMEDL\TELY. WE H.4VE TAKEN OUT ONE MILLION DOLLARS OE COPYRIGHT INSUR.‘\NCE COVERING OUR C.\T.\LOGUE AND PROTECTING OUR BRO.ADC.4STING STATIONS AND THEIR ADVERTISERS, ADVERTISING AGENCIES AND PERFORMING .ARTISTS. DETAILS OF THIS COVERAGE WILL BE FURNISHED YOU L.4TER. BR0.4DCAST MUSIC, INC. Tacoma Decision Here is the text of the three-judge Federal District Court decision in Tacoma, Washington, denying ASCAP an injunction against enforcement of the Washington state copyright law: Haney, Circuit Judge This is a suit to enjoin enforcement of a Washington Statute on the ground of its unconstitutionality. The cause has been submitted on an application for a permanent injunction. Briefly stated, the Statute attacked declares it to be unlawful for separate copyright owners to pool the copyrights in order to fix prices, collect fees, or issue blanket licenses for the use of such copyrights, except where the licenses are issued assessing rates on a “per piece” system of usage. The detailed provisions of the Statute need not be discussed. The Bill prayed for a permanent injunction restraining defendants from taking any act or proceeding under the Statute, and for a decree declaring such Statute unconstitutional. It is alleged in the Bill that on Eebruary 13, 1914, a small group of composers, authors and publishers organized a voluntary unincorporated nonprofit association under the laws of New York, which they designated as the American Society of Composers, .Authors and Publishers, hereafter called the Society, for the purpose of licensing to users of music throughout the country the right to publicly perform for profit the works of its members. It was further alleged that there are approximately 123 publisher members of the Society and about 1000 writer and composer members of the Society. . . . That such members assign their respective exclusive right of public performance for profit in their respective musical compositions . . . that similar organizations exist in foreign coun¬ tries, and the Society has the exclusive right to and does license within the United States, the public performance for profit of the musical compositions copyrighted by all members of such foreign January 3, 1941 — 3