Broadcasting (Oct 1931-Dec 1932)

we may all cooperate to the sound fostering of American music in the interest of the public as well as in the interest of ourselves." The first conference between the two committees following the "amicable agreement" was held April 26 at the Society offices, with Messrs. Morency, Klauber and Ashby representing the NAB. Mr. Shaw and Mr. Cummings were unable to be present. Nothing tangible developed, it is understood, and further sessions will be held from time to time. Just what the plenary committee will outline has not yet been determined. Its members, however, have discussed informally the scope of their activity and are considering, among other things, a survey of music in the public domain as well as a study of the foreign music copyright situation. If such a cataloguing task is decided upon, it is probable that some responsible figure in broadcasting will be designated to undertake the work. Society Stubborn THE BROADCASTERS have not yet set forth any definite basis for negotiation, Mr. Mills declared in announcing his new yardstick in a percentage-of-gross is mandatory, and he added then that the 5 per cent figure is "unalterable." That phase, however, now is the subject of arbitration, and unless the Society accedes to what the NAB committee views as a reasonable basis, other remedial action may be essayed. Those who attended the New York meeting, which was addressed informally both by M. H. Aylesworth and William S. Paley, respective presidents of NBC and CBS, were: Members of the NAB board of directors — Shaw, McCosker, Cummings, Morency, Walter J. Damm, WTMJ; Henry A. Bellows, WCCO; E. L. Bill, WMBD; Leo Fitzpatrick, WJR; John J. Storey, WTAG; Don Lee, KHJ (by proxy to Harry C. Butcher); Ed. Craney, KGIR (by proxy to Frank M. Russell); H. K. Carpenter, WPTF; William S. Hedges, WMAQ; M. A. Howlett, WHK; George F. McClelland, WEAF; Eugene O'Fallon, KFEL (by proxy to Joe A. Chambers, WLW); Quin Ryan, WGN (by proxy to Louis G. Caldwell). Members of the copyright committee: Morency, chairman; Russell, Storey; Edward Klauber, WABC; A. L. Ashby, WJZ (E. S. Sprague, alternate); Sidney Kaye, WABC; John Shepard, WNAC; Father James F. Wagner, WHBY, and J. Thomas Lyons, WCAO. On the legislative side there was little activity in Washington regarding copyrights. Rep. Sirovich, (D.), New York, chairman of the House Patents Committee and author of the pending House bill, said he expected favorable House action on the measure within the next month. He said he would use "every resource" to have the measure enacted prior to adjournment, which is expected in June. Regarding the Society's 5-percent-of-gross proposal, Dr. Sirovich said he did not believe the Society's demands for increased royalties are justified. "I contend," said he, "that this is not the time to increase royalties, when business is depressed and the broadcasting industry is hard hit." Free Advice for Canada Joy Elmer Morgan, Sole U. S. Witness, Airs his Grudges Against American Plan at Ottawa CANADA'S Parliamentary committees, considering proposals to reorganize Canadian broadcasting under public ownership somewhat along British lines, was given the benefit of the observations of Joy Elmer Morgan, editor of the Journal of the National Education Association and chairman of the National Committee on Education by Radio, testifying April 13 at Ottawa. As far as can be learned, Mr. Morgan is the only American who has been called upon to appear before the committee, neither the NAB, the networks nor any stations having been invited from the United States to air their views. It was indeed a bleak picture of American broadcasting that was painted for the commttee by Dr. Morgan, whose views are well known here and who is leading the fight for enactment of the Fess bill to reserve 15 per cent of the broadcast channels for educational institutions. During his testimony, as reported in the Canadian press, he revealed definite leanings toward public ownership of the radio — an attitude which he and his educational cohorts have never before definitely avowed, though their arguments in behalf of taking away facilities from present license holders have almost always been predicated upon the assumed superiority of foreign systems governmentally operated. According: to The Ottawa Citizen, Dr. Morgan argued strongly for a publicly-owned system in the United States. All the outstanding educational organizations in the United States, he is quoted by the newspapers as saying, are unanimous in their demand for a change in the present system. Apparently he omitted to mention that at least half of the 60 or more educationally owned stations in his own country "sell time" to commercial sponsors in competition with avowedly commercial stations, having no other means of subsistence. Raps Radio Commission NOR DID HE mention the fact, judging from the press reports, that privately owned stations in the United States are giving and have offered to give even more freely of their time without cost to bona fide educational institutions, providing the latter will furnish a definite program of broadcasts that will appeal to listeners. Dr. Morgan was especially bitter in his criticism of the Federal Radio Commission, which he is reported as saying has "functioned weakly and failed to carry out its responsibilities of conducting the industry in the interest of the public." Let Dr. Morgan's own words, as reported in The Ottawa Citizen, tell the rest of the story of his appearance before the Parliamentary committee; undoubtedly his auditors hung on his every word: There was no real freedom of speech on the radio in the United States, Dr. Morgan said, and, he added, "if freedom of speech on the air cannot be maintained, democracy is doomed." The present was the time, Mr. Morgan declared, to "take a long look ahead to avoid mistakes that might (Continued on page 16) BULLETIN OSWALD F.SCHUETTE, leader of the fight of the independent radio manufacturers against the so-called radio trust, on April 29 was retained by the National Association of Broadcasters to direct its activities in connection with the copyright situation. He has been given wide authority to represent the broadcasting industry as such, and will devote his immediate attention to a thorough study of the entire music situation. He will also personally supervise the legislative fight in Congress to secure better protection for radio, as a major user of music, than the present copyright law, written long before broadcasting came into being, affords. He will continue his present duties as director of the Radio Protective Association, composed of independent radio manufacturers, but will also have offices adjoining the NAB in the National Press Building, Washington. Canadian Outlet CKWO are the call letters assigned to the new station authorized by the Canadian government at Windsor, Ont., which will replace WXYZ, Detroit, on the CBS network after June 1. Operated by Essex Broadcasters, Ltd., the station will have 5 kw. on the 540 kc. channel. It is located just across the Detroit river from Detroit. Contrary to the report published in the last issue of Broadcasting, which was obtained from what was believed to be an authentic source, the station is not being built by George Storer, former president of what is now WXYZ, Detroit. The license was issued to Essex Broadcasters, Ltd., of which Malcolm G. Campbell is president; J. H. Ryan, vice-president, and C. W. McDiarmid, secretary treasurer. They, with A. F. Healv, Ward B. Perlev, Hampton G. Wall, and W. F. Morgan-Dean, comprise the board. Commission Bars New Disk Wording "Electrically Produced" Out, Scott Howe Bowen Told THE TERM "electrically reproduced" may not be used in introducing an electrical transcription program under the modified rules and regulations which became effective Feb. 1 and which relaxed the restrictions governing such programs, the Radio Commission has informed Scott Howe Bowen, Inc. After receiving inquiries from two broadcasting stations as to whether the form of announcement ordered by the transcription company was permissible, the Commission informed both the broadcasters and Bowen that it was not in accordance with the new rules. The company had notified broadcasters that the rules permitted such an announcement. The announcement in question ran thus: "Tonight the So-and-So company reproduces for you electrically a program of carefree music and song." "Every program transmitted by a radio broadcasting station is 'electrically reproduced' whether it be live talent or otherwise, so that this announcement does not inform the public that they are listening to a mechanical reproduction of live talent, and is therefore not in accordance with Section 176 of the Commission's Rules," the Commission stated. In response to another inquiry as to whether it is sufficient to say, "This is a Victor Recording," in the presentation of recordings, the Commission said such an announcement is entirely proper. The inquiry was whether it was necessary in the announcement to say, "This is a phonograph record," or whether the other announcement was ample. "It is sufficient to mention, 'This is a Victor recording,' " the Commission said, "since these terms are commonly understood to mean that the program is a mechanical reproduction of live talent and not live talent." FOREIGN programs carried over the NBC networks increased 175 per cent during the first quarter of this year over the same period last year. No Affiliations NEITHER WCAO, Baltimore, nor WIS, Columbia, S. C, has a newspaper affiliation, as listed in the April 15 issue of Broadcasting, according to advices from those stations. The alleged affiliations were incorrectly furnished to Broadcasting by what were accepted as reliable sources. CBS Will Lease WJSV; NBC May Add WMAL WJSV, Mt. Vernon Hills, Va., a 10 kw. station operating on 1460 kc, will shortly be taken over by CBS under a five-year leasehold arrangement with option to renew and will serve as a full CBS outlet for Washington and surrounding territory, if the transfer is authorized by the Radio Commission. CBS plans to operate it along the same lines as the municipally-owned WPG, Atlantic City, which was acquired under a similar lease several years ago. WJSV is licensed to the Independent Publishing Co., publishers of the Fellowship Forum. No date for the transfer has been fixed, nor had WMAL, present Washington affiliate of CBS, been notified of the proposed change at this writing. It is understood that WMAL will immediately join the NBC-WJZ network upon the taking over of WJSV by CBS. At present NBC serves Washington through WRC, which it owns. Page 8 BROADCASTING • May 1, 1932