Broadcasting (July - Dec 1938)

AFM Winding Up Radio-Music Accord Boycott Clause Removed From Contract With Record Firms WORK on the final phase of radiomusician negotiations, the licensing of manufacturers of transcriptions and phonograph records by the American Federation of Musicians to prevent what the musicians consider unfair competition of recordings with live players and to increase employment among AFM members, was started June 28 at a meeting of AFM officials with representatives of American Record Co., Decca Records and RCA-Victor, three largest makers of phonograph records. At this session the recorders were presented with a new license form which was similar to those previously drawn up by AFM except that the "boycott' clause, prohibiting the sale of records to stations and other employers deemed "unfair" by AFM, was omitted. As the recorders have steadfastly refused to sign any contract containing this clause, which they held to be illegal both as a secondary boycott and in restraint of trade, and as previous meetings have always broken up over this point, it is believed that the minor points of dispute can be adjusted and that an acceptable license will be worked out in a short time. Another meeting has been set for July 6, at which time it is believed the transcription manufacturers will also be included. Seek Early Acceptance The new license was drawn up by the AFM international executive board in a post-convention meeting in New York, June 22-24, in accordance with instructions given them by the recent national AFM convention. Removal of the "unfair" clause does not at this time entail any great sacrifice on the part of the musicians as its chief purpose, to serve as a whip over stations not employing a sufficient number of staff musicians from the union's viewpoint, is no longer necessary. Since the first licenses were presented to recorders nearly a year ago, the union has negotiated standard agreements with committees representing the network affiliates and the nonnetwork stations, under the terms of wrhich stations and local unions in all parts of the country are drawing up individual contracts which are expected to create the additional employment of musicians in broadcasting desired by the union. Every effort will be made by AFM to gain early acceptance of the licenses by the record manufacturers as it is anxious to conclude its radio dealings and begin its fight for increased employment in the field of motion pictures, both in the producing studios and in the theatres. Chief cause of argument is expected to be the ban on "dubbing" or rerecording of ! music from one record to another, on which point the union says it will absolutely insist, but which the recorders want modified to permit the dubbing of theme music and other incidental bits on dramatic programs which they feel would be made prohibitively expensive if the cost of an orchestra were added to the wages of the actors and announcers. But a satisfactory solution to this problem is not expected to present any insurmountable difficulties or to delay a conclusion unduly. Non-network Agreement An early settlement is also expected with the non-network stations, along the lines of the independent Schedule A worked out by the AFM executive board and the National Committee of Independent Broadcasters last spring [Broadcasting, May 1]. Approximately 150 independent stations have already responded to the questionnaires sent out by the committee and in each case copies of the schedule have been sent to the station and the local AFM union in the city so that negotiations of individual local contracts could begin at once. In some cases there are already contracts in effect between stations and unions and other stations are exempt from employing musicians because their annual incomes are less than $20,000, but nevertheless this return is taken by both sides as a good omen for an early general settlement. The New Orleans situation, most troublesome in the long negotiations between AFM and the network stations, is still a potential danger spot. When the AFM annual convention concluded without official action to force the two NBC affiliates in New Orleans into line, WWL, CBS New Orleans outlet, which had been operating under a new contract since January, dismissed its 12 staff musicians June 18. The station, which has had a contract with the AFM local for many years, then rehired six men and returned to the same basis in force before the standard agreement for all network stations was achieved. Vincent F. Callahan, manager of WWL, told Broadcasting his contract with the union called for him to receive as favorable treatment as any other network station in the city and that he felt justified in returning to his former status with regard to employment of musicians as long as neither NBC outlet had accepted the new agreement. "I've taken my stand," he said. "The next move is up to the AFM." E. V. Richards, executive of WSMB, one of the two NBC stations in New Orleans, came to New York last week to confer with NBC and AFM officials regarding the situation, but was taken so seriously ill before the meetings occurred that he returned to a New Orleans hospital by plane. It is expected that as soon as he is able Mr. Richards will return to New York to work out with the AFM the difficulties that have so far prevented his station from accepting a contract under the standard agreement for network stations. Convention Issues A proposal to force a solution was raised at the AFM convention by G. Pipitone, president of the New Orleans AFM local, who urged the convention to refuse to supply union musicians to NBC for programs being broadcast over WSMB or WDSU, its New Orleans outlets. This was voted down, however, and the matter referred to the executive board when AFM President Joseph N. Weber pointed out the dangers of destroying all the gains that have been made in the past year through a single false step and who added that this question could be better handled by the board than by the entire convention. Another hard-fought resolution was one which would prohibit booking agencies from providing network facilities to employers of their "big name" orchestras to the exclusion of most local orchestras which are therefore unable to get employment. This also was referred to the board for action after Mr. Weber had shown the need for a thorough study of the problem. Recordings were the subject of another resolution adopted, which instructed the president's office to work out a method of amending the Federal copyright laws to give the performer a property right in the recordings he helps to make. Present laws were declared "outmoded and inadequate for the protection of a performer who records copyright music." In his annual report, Mr. Weber stated the AFM position that "phonograph records should not be used commercially without additional compensation to the players," but pointed out the difficulties of securing and applying such legislation. "Every member of an orchestra who played for the record would have a right to either grant or withhold consent to its use and every one of them could make different stipulations as to conditions under which he would agree that the record could be used," he said, which would make it difficult for anyone to get the right to use the record. Another possible solution, as far as radio is concerned, he said, "may eventually present itself by the Government realizing that it can exercise the authority to make the licensing of radio stations dependent on the use of live talent by the broadcaster and can enforce regulations reducing the amount of recorded music to be used by him. However, it is not a matter which will lend itself to be adjudicated in a short time but it is rather one in which results may only be achieved through continual propaganda and the awakening of the interests of the public and the Government to the fact that such a policy has the economic advantages of making for more employment." Foreign Ban Rejected The convention voted down resolutions to bar non-citizens from AFM membership and to place all foreign conductors under AFM jurisdiction when Mr. Weber explained the dangers of such steps both to the advancement of music and to the immediate employment of musicians. The subject of placing a protective tariff on imported phonograph records and transcriptions and on taxing' commercial broadcasts utilizing music of foreign origin, with Canada excepted on both counts, was voted a proper sphere of investigation for the president's office. All officers and executive committee members were re-elected for another year: Mr. Weber to serve his 39th term as president; C. L. Bagley, Los Angeles, vicepresident; Fred W. Birnbach, Newark, secretary; Harry E. Brenton, Boston, financial secretary-treasurer; and committee members A. C. Hayden, Washington; C. A. Weaver, Des Moines; James C. Petrillo, Chicago; J. W. Parks, Dallas, and Walter M. Murdoch, Toronto. Kansas City was selected for the 1939 convention, also to be held in June. The break between Weber and Petrillo was officially ended when the two shook hands after Petrillo had publicly denied newspaper stories quoting him as claiming to be the "strong man" of the AFM and had disclaimed any intention of trying to displace Weber or run the Federation. BROADCASTING • Broadcast Advertising July 1, 1938 • Page 15