Broadcasting (July - Dec 1937)

arui Broadcast Advertising 13. No. 3 WASHINGTON, D. C, August 1, 1937 S3.00 A YEAR — 15c A COPY ^lusicians Threaten Strike Against Radio Itimatum on Jobs Must be Met by Sept. 16; NAB-Networks ooperate in Industry Plea; Disc Sessions Continue nLESS the broadcasting lustry submits a satisfacry plan for reemployment musicians by Sept. 16, a leral musicians' strike will called, under an ultimatum ■aded the industry late July by the American Federam of Musicians. After several days of seemtIv futile negotiations, the ""M extended from Aug. 14 til the September date, the he limitation on the withawal of studio orchestras, nning of remotes, and the Ikout of musicians em•yed for record and tran•iption manufacture, uns a satisfactory comprotee is reached. The meetrs were held in the offices ASCAP in New York, and re reminiscent of the hec copyright days of 1935. Resume Meetings Aug. 2 viter handing representatives of networks and of the NAB the mation on employment, AFM lounced that it would continue deliberations with transcription ipanies on Monday, Aug. 2. mmediately following the sesis July 30, representatives of NAB, NBC, CBS, Mutual and Yankee and Colonial networks together and issued a statement all stations calling attention to seriousness of the situation. i\idual stations, not heretofore ited to the conference in New rk, were notified that further atings would be held during the g. 2 week with the AFM board, 1 were asked to participate. Jnlike the ASCAP copyright sit•ion of two years ago, networks 'I the NAB were pulling together. 2 letter to all stations was signby James W. Baldwin, manag director, for the NAB; Mark ods, treasurer, for NBC; Lawce W. Lowman, vice-president, ' CBS; Fred Weber, general 1 nager, for MBS, and John Shepj I 3rd, president, for Yankee and I onial. During the conferences I work representatives explained I y could not commit themselves I affiliated stations on any terms 1 agreement, and that the stations ' Jld have to speak for themselves. The joint NAB-network statement recited the factor's leading up to the conferences with the international executive board o f AFM. Referring to the demands of the AFM, the statement said their avowed purpose was "to compel the employment by our industry of a substantial number of musicians." As a means of enforcing these demands, the Federation indicates that broadcasting stations which fail to employ a number of musicians satisfactory to the Federation, at rates determined by its locals, will not be permitted: (a) To play electrical transcriptions which utilize the ser\aces of union musicians. (b) To play phonograph records which utilize the services of union musicians. (c) To receive network programs which utilize the services of union musicians. (d) To utilize the services of WHAT MUSICIANS ASK OF BROADCASTERS 1. Xo records or electrical transcriptions to be used at any stations unle.ss the number of musicians satisfactory to the American Federation of Musicians is employed at same. 2. To have musicians employed at radio stations or to have a station use records or electrical transcriptions of musicians belonging to the American Federation of Musicians, such stations must be licensed by the Federation. 3. Radio stations may make records or electrical transcriptions for audition purposes or for their own record but such records or electrical transcriptions must not be commercially used. Furthermore, radio stations desiring to manufacture records or electrical transcriptions must agree to the same rules and regulations as to recording companies or companies manufacturing electrical transcriptions and be licensed by the Federation. In the event that a sponsored program cannot be put on the air at the exact time allotted to it. an electrical transcription may be made of such program to be put on the air on the same day but the American Federation of Musicians must immediately be advised that such has been done and the record of such transcriptions must be sent to the American Federation of Musicians to be destroyed. 4. Members of the Federation will not be permitted to play for any broadcasting studio if their services are transmitted to a radio station which uses records or electrical transcriptions but does not employ musicians. 5. Members of the Federation can only play for the manufacturer of records or electrical transcriptions if the company, firm, corporation or individual making same is licensed by the American Federation of Musicians. 6. Members of the Federation can only play for employers who use records which are registered and numbered in accordance with the agreement with the recording or transcription companies and the Federation. 7. Records which are taken from the air or pilfered in any other way are not to be used under any circumstances. 8. Records can only be used at radio stations if same employ a number of musicians satisfactory to the American Federation of Musicians. 9. All contracts with radio stations made with members of the American Federation of Musicians must be under the conditions agreed upon between corporations making records and such as make electrical transcriptions. 10. An announcement of a mechanical production must in all cases be clearly made so as to make the public fully aware of same. Furthermore, each program of a broadcast published or caused to be published in a newspaper or trade publication must indicate clearly those portions of the program which are broadcast from electrical transcriptions or records. 11. The Federation is ready and willing to permit transmission of music made by its members to a radio station which employs an orchestra and which in addition thereto uses nothing but records made by licensed recording companies. 12. All contracts made by members of the Federation must contain stipulations in accordance with which records can be made and the stipulations under what conditions the services of studio orchestras may be transmitted to other radio stations. 13. In no jurisdiction of any local of the American Federation of Musicians can members play for an employer in contradiction of any of the above rules. 14. If contracts between members and radio corporations, stations or networks, or trade agreements between members and radio corporations, stations, or networks in order to be valid must be approved by the International Executive Board of the American Federation of Musicians, the president of the Federation or any authority designated for that purpose by the Federation. Furthermore, contracts must contain all stipulations under which members of the American Federation of Musicians can make records or render services for radio corporations, stations or networks. union musicians at their own stations directly or by remote control. AFM, the statement added, first sought to have the network and NAB representatives deal for individual stations, which were not directly represented, by having the networks deal for their affiliates and the transcription companies and the NAB deal for independent stations. The letter continues: "Because you have not been directly notified, because it was recognized that this is a problem which none of us has the power to decide on your behalf, and because we felt it desirable to avoid a course which might again divide our industry, this proposal was rejected by us, and we urged very vigorously upon the international board that it was the duty of the Federation directly to approach each involved and to consider the problem of each station on the merits of economic, geographical and other pertinent factors. This the Federation refused to do on the ground that the board has a mandate from its convention of last June to make this a national matter. The board further stated that it would not tolerate the delay incident to local negotiations with each individual station. AFM Won't Elucidate "We have, therefore, been given no alternative by the Federation but to apprise you of the situation, and of the fact that our industry, as a whole, has been given until Sept. 16 to lay before the international board a proposal which will result in the immediate employment of what the Federation considers a satisfactory number of musicians. "Despite repeated efforts to elicit from the Federation a definite statement of what they consider the 'satisfactory number of musicians' which the broadcasting industry should absorb, the board has so far refused to commit itself on this point. The letter said it was obvious from the demands of AFM, as well as from the temper of the meeting, that the industry is expected to make a "substantial contribution" to the solution of the unemployment problem or "face the consequences". It is too eaidy, it was added, to attempt to give more than a bare outline of the situation. Moreover, it was stated, the final result of the meetings between AFM and the transcription and recording companies, to be continued Aug. 2, of necessity will have some effect upon the problem. "We do, however, state to you {Continued on Page 85) iROADCASTING • Broadcast Advertising August J, 1937 • Page 9