Variety (Dec 1940)

Wednesday, Peceinber 4, 1940 RADIO S5 41 B«&r« ones Because the oral arguments of thp FCC'sJnonopoly investigation ih Washington fell on the same day, the semi'-annual:meeting of the entire board of directors ' of the National Association of.^ Broadcasters was postponed from Monday. (2) to to The meeting will extend through Friday; (6). on AiFt^r Considerable Delay: by Attorneys the Radio Producer's Protest Officiially Filed Last Week ^Npy: 27,1940, v Federal Gbrnmunicatioii^ Gomrnis- : sion, Washington, .1^. C. ■Gentlemen: ■ . . . On Dec. 31, 1940, the existing .license agreements between ASGAP (The Ainerican Society bf Com- posers, Authors and Publishers), and -radio, broadcasters will termihate. The broadcasting chains (National Broadcasting Go,, Ind,: and Columbia Broadcasting System, Inc;). have pub-, lidy announced ; that ■ neither th^^y nor their owned or operated brpM- casting stations will enter into new license- agreements that; have been oflered by . AiSGAP because the . terms of the proffered license agree- ments are deeiti.bd unreasonable. Since the new license agreements were tendered by ASGAP, no nego- tiations whiatsoever -havfe taken place between ASGAP and :the\brbadcast- ing- chains for newlicense agree-? ments. .Ascertaining ■ from ^ officials of ASGAP, NBC and CBS that no such negotiations were presently contemplated, I recently suggested to them that ASGAP and the broad- casting chains enter into negotiations through a mediator. Such sugges- tion was acceptable to ASGAP, but the broadcasting chains have not as- sented to such proposal. As a -, suit, after Dec. 31, 1940, neither of these networks, nor any of their owned or bperited stations, will 'broadcast any music, copyrights of which are cohtrolled by ASGAP. ASCAP is a cooperative associa- tion of the leading American com- posers aind publishers, which cot>-, trols the copyrights of the. great body of familiar music to which the American public is accustomed. In- cluded in this copyright control are all. of the musical works of such rep- resentative composers as Victor Her- bert, John Philip Sousa, Ethelbert . Nevin, ;G6orige Gershwin, George M; Cohan, Carrie Jacobs Bond, Cole ■ Porter, Irving Berlin, Sigmund Romberg,- Jerome \ Kerri, Rudolf Friml, Fritz Kreisler and Sergei Rachmaninoff. Public Interest . . I am not a proponent of. either party to the controversy and I am. .not sufficiently, informed to; judge the merits of their conflicting claims. That the resultant situation affects me personally , as a producer of long established radio musical programs - is of relatively minor significance. That millions of the radio audience will be deprived of most of the best American music is of . paramount public Interest. One aspect of such public interest is evidenced by the; attached editorial from Editor & Publisher, the trade . publication of the American press. Motivated solely by personal pecuniary considerations and with- out regard whatsoever to the inter- ests of. .the radio public, the broad- . casting chains, virtually controlling . the rhajor part of our radio facilities, have evidently determined that they will not deal with the organization that controls the bulk of American music. ,. . The situation that will result after Jan. 1, 1941, lis th.at the radio public will be deprived of the greater part of its usual familiar American mu- sic until one or the other of the pow- erful forces to the controversy sub- mits, or until in their own interests —and not in the interest of the radio public—they reach a compromise. It is inconceivable to me that the con- trolling broadcasting interests, pre- sumed to operate the public ih- - terest, should be permitted to de- prive the American radio public: of its accustomed musid by a .mere fight for dollars. " In view of the great public interest which involved, I respectfully suggest that the Commission under- take such action as may be appro- priate to mediate, between the broad- casters and ASCAp to the end that the nation's, great radio audience may continue, without interruption, to enjoy all of its own American music. E. Frank Hummert. ADVERTISERS SEEK TO EMBODY 8 BARS OF OLD THEME SONGS, GET WARNING Infringement paiigers Are Present in Any Attempt to Retain a -Suggestion' of Copyrighted Music in Substitute Themers Despite rejections made by NBC and Columbia, *-'ie advertising agency producers of commercial programs using theme nr lisic are continuing to turn in replacenient composition which cbritaii^ the opening bars of the melodies they have been asked to abandon. All are doing this under the impression that the law on copy- right infringement permits a similar- ity of eight bars and no more. Net- work lawyers , have advised the pro- gram producers that this construc- tion is erroneous and that any form of similarity must be avoided. Average freelance producer of a network commercial as well as the agencies are loath to give up their musical themes, practically all of . which are controlled by ASCAP, on the score that a change In the. music introducing program, especially dramatic pieces, might cause . con- siderable confusion among listen- ers. They reason that listener hearing unfamiliar miisic may come to the quick conclusion that her or his favorite program in this spot is no longer there and either twirl the dial elsewhere or tune . out alto- gether. ' After the vvebs had ordered them to rid themselves pf ASCAP theme music, many such producers en- gaged composers to write a piece retaining the first eight; bars of the old compositions. For these it hals had to be a rewrite job. The net- works are pressuring their commer- cials to get in the: tatter's, new theme music as .quickly as possible so as to avoid lots of confusion toward the end of December, in; the event thi networks go through with, their plan to have their facilities cleared of all ASCAP music Jan. 1. : Doolittle Gang of WJR Plays for Butterfield .J ■ Detroit, Dec. 3. ■". . Tim Poblittle and his Pine Center gang, currently with Fels Naptha on. WJR, will open at the OrpheUrri theater, Pontiac, Mich., on* Dec. 7..;It is a first stop on a tour which will take them oyer part of Butterfield circuit which) operates; 112 theatrei throughout the State. Doolittle's gang has been heard daily over the radio station for 10 years on various accounts. R&R Shows Slay As Is Ruthrauff & Ryan will continue as is: with all its network shows after Jan. 1. Three shows came up for renewal this wieek and each got the nod. , They were Vox Pop (Penn To- bacco), 'Court of Missing Heirs (Ironized Yeast) and 'Uncle Jim's Question Bee' (Spry-Lever Bros.). "We feel that WLW is the most powerful influence for the quick turn-over of Nationally Advertised Brands through our warehouses. Through WLW's resources and the constant flow of advance information, we are able to keep our sales force informed of expected increases in iaiei ahead of the listening public's demand." Hageii-RatciifF's 8 saiesmen CQver 9 counties in 2 stintes. (Signed) 0^ Say re. President Hagen-Ratcliff and Cd» Wkolesdle Grocers Huntington. West Virginia BSSBBSgfTun^ Corp. Chlcogo-WLW. 2M H. MUMf- Avf «t. Saa rr«»cl.c> - hUn.oHo.al »<k»o SoIm. THE NATION'S STATION