Broadcasting (Jan - June 1936)

Stations Advised To Ignore Record License Demands Decision in WDAS Case Is Not Final, Asserts Mr. Baldwin THE NAB, through Managing Director Baldwin, in a bulletin sent out Feb. 20 has urged its members not to recognize the American Society of Recording Artists Inc., Hollywood, until their rights to exact phonograph royalties have been finally determined. The recommendation followed circularization by the Society of a letter signed by Arthur W. Levy, secretary, making two demands on its own behalf and on behalf of its artist members. The demands: "1. That you must not broadcast their talents through the medium of records without license first obtained therefor. "2. That you account for each usage of such talents including such usage by your advertiser or sponsor, and you are advised it will hold you liable to it for any and every failure or refusal to abide by such demand, for accounting and payment pursuant thereto." Another group, the National Association of Performing Artists, through Maurice J. Speiser and A. Walter Socolow, counsel, is "preparing a nationwide legal attack upon all unauthorized users of phonograph records for commercial purposes," it announced. A survey to discover commercial ' users is under way. The NAPA membership includes many prominent artists, with Fred Waring as one of its directors. Not Finally Settled MR. BALDWIN has advised stations that the new effort of ASRA to squeeze phonograph royalties out of them "apparently grows out of the decision in the so-called Waring-WDAS case", decided in January by Judge McDevitt of the Court of Common Pleas in Philadelphia. The decision does not justify the interpretation placed upon it by the Society, Mr. Baldwin stated. He further pointed out that the opinion has no effect outside of Pennsylvania and that the NAB has filed exceptions to the decision which were scheduled for argument before a three-judge court Feb. 27. An appeal to a higher court was planned in case Judge McDevitt's ruling is upheld. Mr. Baldwin emphasized that "the important thing for members to consider is that the issues in this case have not been finally adjudicated." The WDAS decision ruled that artists have a property right in their recordings which is enforceable in equity and that the artist mays impose conditions under which his recordings may be performed. ASRA made its first excursion into the broadcast royalty field April 1, 1935, when it invited stations to apply for licensee memberships so they might broadcast talents of its artists members by means of recordings. Stations were offered rates of 15 cents per usage for power of 1000 watts and up; 10 cents for 500 to 999 watts, and 5 cents for less than 500 watts. At a meeting of the ASRA board Quick Coverage WLBC, M u n c i e , Ind., received a call from the local fire department that fire had broken out in a large local factory. The WLBC News Editor, E. Pierce DeMiller, called the factory by phone to learn the amount of damage, cause of the fire, etc. The switchboard operator at the factory, said: Fire? I didn't know we had a fire here." She phoned around the factory and found that the fire was in full force in another part of the building. The announcement had been made before the fire engines arrived. of directors Feb. 1 a resolution was adopted to send the second demand for royalties to stations, accompanied by excerpts from the WDAS decision. A list of member artists is enclosed in the letter. The resolution provided that the ASRA report to its general counsel "unauthorized usages by broadcasting stations of such talent of any such 'artist members' for which accounting and compensation has thus been demanded and accounting and/or payment refused, or not received, with instructions to proceed to enforce the rights of the society and its 'artist members' in the premises." ASRA promises "to lend its cooperation to avoid legislative ^nd other methods of prohibiting entirely the use over the air of talent not recorded specifically for broadcasting purposes." Regretting that unlicensed stations have failed to cooperate in its royalty scheme, the letter concludes with this threat: "If it is case law you are relying upon and you are not interested in the equity and propriety of our position, then the responsibility for your position now rests entirely with you." The ASRA membership list does not include Fred Waring or his orchestra, not recording phonographs at present because of network commitments. Restricting Records IN A LETTER to all stations on Feb. 12, Langlois & Wentworth, of New York, program producers, also alluded to the Waring decision and emphasized "the significance of the recent legal attack on phonograph record broadcasts". The letter was in the nature of an effort to sell to stations the public domain transcriptions produced by Lang Worth Feature Programs Inc., a division of Langlois & Wentworth Inc. The letter said the artists' association has instituted a "doublebarrelled legal attack" on all stations using phonograph records. The first, it said, was the Philadelphia court decision. The second is the bill (HR-10632) introduced Jan. 27 to amend the copyright law by making the $250-innocent-infringement penalty applicable also to phonograph records. "There is every indication," it added, "this bill of protection for performing artists will soon be adopted — there is little unprejudiced argument why it shouldn't." This particular statement aroused much resentment among broadcasters and at the NAB. SILLY, ISN'T IT! But Crazy Program Is Drawing Sponsors Like Flies PEOPLE like to be kidded, WMAZ, Macon, Ga., believes, after starting a musical clock program replete with dizziness and seldom sane. Red Cross and Marion Bragg, assuming the title of Doctor, play records backward, mess around with sound effects, chatter madly and won't fill a request unless it is accompanied by a pie, cake, cigar, pack of cigarettes, or some other acceptable bribe. The dubious duo ad-lib the announcements, kid sponsors, and manage to keep the management in constant hot water. However, sponsors have been flocking to the program, so E. K. Cargill, WMAZ president, was forced to fix a premium price to prevent all spot sponsors from deserting other periods. Here is a cartoon di-awn by an envious artist who got a look at the lovely bribes the "Doctors" are receiving from listeners. CONTINENTAL OIL SHIFTS TO DISCS CONTINENTAL OIL Co., Denver (petroleum products), on March 8 will inaugurate a series of halfhour transcriptions on 20 stations. The discs, made by Jean V. Grombach Inc., will feature travel talks to be broadcast Sundays during a late morning hour. Carveth Wells, author, traveler, and lecturer, will give the travel talks supported by Frank Ventre's orchestra. Material will be confined to the United States. Continental Oil Co. has had Mr. Wells on the air for the last three years. The series is signed for 13 weeks, when the sponsor will go off the air for the summer and return for another 13 weeks beginning Sept. 13. Commercial announcements will promote the Continental Oil Travel Bureau, located in Denver. The 20 stations to be used are: KGNC, WBAL, WGIR, WGN, WFAA, KOA, WHO, WDAF, KFAB, WTMJ, KLRA, WCCO, WKY, KTAR, WRVA, KSL, KMOX, KHQ, KVOO, KFH. Tracy Locke Dawson Inc., New York, placed the account. "AMERICAN HOLIDAY," a play written by Al Barker of the NBC continuity staff in Chicago, is being produced as the first offering of the Federal Popular Priced Theater, a WPA pi-oject, in New York City, which stai'ted Feb. 14. The play was chosen from hundreds of manuscripts. Freeman Lang Business, Pioneer in Disc Field, Sold to Mark L. Gerstle FREEMAN LANG ENTERPRISES Inc., Hollywood transcription firm and a pioneer of more than 10 years in the recording field, was sold Feb. 18 to Mark L. Gerstle. Mr. Lang had previously sailed on his cruiser Content for a six weeks pleasure trip in Mexican waters. Mr. Gerstle, who took over the operation of the business, will immediately reorganize the plant. He will commute between Los Angeles and San Francisco where he is vice president of the Emporium department store. Frank W. Purkett, vice president under Freeman Lang, will continue in that capacity and will also serve as general manager. Before joining the Freeman Lang force nearly a year ago, upon the death of Wesley B. Dougherty, he had spent many years in film circles and theatre operation. Herbert Witherspoon, one time manager of KDB, Santa Barbara, later a sales executive of KHJ, Los Angeles, but more recently in the transcription field, will be sales manager of the new firm. Studios will be tentatively renamed Associated Studios and will remain in the building at 1357 N. Gordon St., Hollywood, where the entire structure is given over to transcription and film recording. It is expected that new equipment will be added and that Associated will engage in program production itself as well as serving clients with its recording facilities. The technical staff will be retained. Denver Stations Organize Agency Recognition Plan DENVER broadcasters are forming an agency recognition bureau to determine which agencies are entitled to commissions and plan to recognize only those agencies which the bureau approves. Questionnaires have been sent to all local agencies asking pertinent information, letters of employment from clients, and a guarantee that no commissions revert to clients. It was stated at a meeting held recently that 19 agencies, including some whose status was questioned, were drawing commissions from Denver stations, often without legitimate claim. In some instances, it was added, the account of a single client was placed on the three Denver stations by three different agencies, resulting in confusion and loss of prestige and revenue for the broadcasters. Representing the stations were A. E. Nelson, James R. MacPherson and A. W. Crapcey, of KOA; J. I. Myerson, KLZ; Gene O'Fallon and Frank Bishop, KFEL-KVOD. Canned Clams Test PACIFIC TRADING Co., San Francisco (canned clams), for the first time in its history, is including radio in its advertising schedule and on Feb. 25 started for 26 weeks a twice-weekly five-minute spot on the NBC-KGO cooperative woman's program. Confidentially Speaking with Helen Webster, Tuesdays and Thursdays, 11-11:30 a. m. A free receipt book is offered. Sidney Garfinkel Adv. Agency, San Francisco, services the account. age 22 BROAD CAS TING • March I, 1V36