Broadcasting (Oct 1931-Dec 1932)

Would Correct Copyright Evils (Continued from page 6) Radio Libel Statute Urged in N.Y. Body KFAB is Absolved of Blame In Nebraska Political Suit BROADENING of libel laws covering printed periodicals to include broadcasting is proposed in a bill submitted to the New York Legislature by Assemblyman Haward Dickey and State Senator William J. Hickey, both of Buffalo. The bill is before the codes committees of both houses and may be the basis for public hearings. The bill provides that "a malicious publication, by writing, printing, effigy, sign or otherwise than by mere speech and a malicious broadcast of matter to the public by radio, which exposes any living person, or the memory of any person deceased, to hatred, contempt, ridicule or obloquy, or which causes or tends to cause any person to be shunned or avoided, or which has a tendency to injure any person, corporation, or association of persons, in his or their business or occupation, is a libel." The bill adds that to sustain a charge of broadcasting a libel it is not necessary that the matter complained of should have been seen by another. "It is enough," the bill continues, "that the defendant personally broadcast such matter to the public by radio, or that the defendant knowingly permitted such matter to be broadcast to the public from a radio station owned, operated or controlled by the defendant." Every person, firm or corpora tion owning, controlling or operating a broadcasting station would be responsible under the measure. Stations would be given immunity for broadcasting a true report of public official proceedings, and would be protected against persons delivering false statements intended for broadcast. These persons, however, would be liable to prosecution, as would those who threaten to broadcast a libel or who accept money to prevent broadcasting of a libel. KFAB Fights Suit A CASE involving allegations of radio libel now is pending before the Nebraska Supreme Court. The suit was brought by C. A. Sorenson, state attorney general, against KFAB, Lincoln, and Richard F. Wood, candidate for the post in the 1930 elections. Sorenson sued for $100,000 for libel, and was given a verdict of $1 against Wood, but the station was exonerated in the lower court. The appeal subsequently was appealed by Sorenson to the Supreme Court. In its brief just filed, KFAB contends that a broadcasting station has no power of censorship over political speeches and that it is therefore immune from civil suits under Section 18 of the Radio Act of 1927. Pointing out that it is a grave question as to whether the action complained of was libel or slander, the brief adds, that under the law it was impossible for the station to know in advance what Wood intended to say. operative on Feb. 1, 1932. It complained that sale of sheet music had fallen off 90 per cent during the previous 12 months and blamed the slack on broadcasting. The "date of reckoning," however, has been postponed, apparently because of the recent death of J. C. Rosenthal, general manager of ASCAP. Mr. Caldwell complained of other practices, notably the Society's demand that it be permitted to inquire into the business of every broadcaster as a condition in its license agreement. He said that in the past it has sent to broadcasters elaborate questionnaires, "inquiring with more detail into the business of broadcasters than does the United States Government. "Needless to say, the Society recognizes no limitation on the amount of fee it may charge and recognizes no obligation not to discriminate between stations in the same class." ASCAP No Protection MR. CALDWELL charged flatly that the station is not protected against copyright infringement through his license from the Society. In the first place, he said the license does not give the broadcaster the right to perform all music controlled by the Society, but only such numbers as have not been withdrawn from its repetory. Certain of the "withdrawn" numbers may be played by procurement of special permission from the copyright owners. Secondly, the ASCAP does not control all of the American music and only controls a portion of foreign music. Associated Music Publishers, he explained, claims control of some 600,000 foreign titles, about 10 per cent of which are registered in the United States and have copyright protection. A large number of stations have felt impelled to take out licenses from this organization which has made a demand on virtually all of them. A third organization which appeared on the scene about 18 months ago is the Elkan-Vogel Co., of Philadelphia, which claims to have grand performing rights of French music, Mr. Caldwell declared. Still another, known as the Society of European Stage Authors and Composers, claims control of music not covered by the license of the ASCAP. "You can readily see," he declared, "what would happen if all foreign music were given automatic copyright protection in this country and the number of new organization broadcasters might have to deal with." The small station particularly is placed in a dangerous position, he said, since it cannot possibly maintain a sufficient staff to check copyrighted music and thereby protect itself against infringement. A small station, he added, may be playing phonograph records for a large part of the day and in so doing, may run counter to the performing rights of a large number of organizations. In past years several attempts have been made to have the ASCAP declared an illegal monopoly, Mr. Caldwell asserted, and a proposal to this end was made on the floor of the House last year. Composers contended the Society is an economic necessity, and Mr. Caldwell said he was willing to assume, for the purpose of the hearing at least, that their claim is correct and that they do need such an organization. Public Domain THE IMPORTANCE to the broadcaster of being able to ascertain what musical compositions are protected by copyright and what are in the public domain was emphasized by Mr. Caldwell. Broadcasters have vigorously urged that where copyrighted works are published, they be accompanied by a printed notice of copyright, and also that they be registered in a central office. The term of copyright protection must also be a definite term of years that the broadcaster or other user of music can tell when the work passes into the public domain and is free for use by anyone. Pointing out that there is an enormous amount of music in the public domain, Mr. Caldwell declared broadcasters through their association or some other organization, hope to compile and collect a trustworthy list of musical compositions in the public domain which will be available to all broadcasters. "If the floodgates are completely opened with automatic copyright in the sense which it is in force in Europe, together with a copyright term consisting of the life or the author plus 50 years so that none can tell where the term ends, there will hardly be any public domain and there will in reality be almost perpetual copyright." Another problem, of particular importance to the small broadcaster, is that of phonograph record copyright protection. Record manufacturers, Mr. Caldwell said, do not enjoy this protection now, and if a station broadcasts a record of a copyrighted musical composition, it is responsible to the copyright owner but not to the manufacturer of the record. "It will probably be urged," he said, "that you should give the latter such protection. This would be very prejudicial to the smaller stations, particularly those in small towns which do not have adequate program resources to support a program of live talent. Such a broadcaster would then be subject to two license fees, one to the music copyright owner and one to the phonograph record copyright owner. Or he may find that he is forbidden to play phonograph records altogether." Broadcasters themselves have interests as creators of artistic works, since many stations have staffs engaged in the production of programs, arranging and adopting music, writing skits, dialogues and plays, Mr. Caldwell pointed out, and are entitled to copyright protection. This is particularly important, he said, in view of the possible advent of television. The broadcaster does not want to collect royalties, but simply, desires to be protected against unauthorized use of such material by others, he asserted. FROM PACKAGE TO OVEN IN NINETY SECONDS RADIO STATION BISQUICK In 13.272 Wichita Homes in 30 Days ril qESULTS, such as those detailed in ™ ''the following letter from the Red Star Milling Co. (General Mills) are not accidental when KFH is used. "Thank you for your recent Merchandising Survey Report on Bisquick. It coincides perfectly with our own records in reporting virtual 100% distribution in the Wichita district. This distribution has all been obtained during the thirty day period our programs have been broadcast from your station. "We also wish to thank you for the hearty cooperation of your entire staff in aiding us to obtain the phenomenal results received from the Bisquick programs over your station. In our experience KFH has proved itself a most excellent medium." To prove that they are not accidental, let us send you our "results file," detailing the things we have done for others and can do for you. WICHITA, KANSAS Page 24 BROADCASTING • March 1, 1932