Broadcasting (July - Dec 1938)

KQV's Broadcasts Of Pirates Games Enjoined by Court General Mills, Socony Secure Injunction Pending Suit A PRELIMINARY injunction to put a stop to alleged "pirating" of baseball broadcasts by KQV, Pittsburgh, pending action in a $100,000 damage suit, was issued Aug. 8 by Federal Judge F. P. Schoonmaker, of the U. S. District Court. The injunction was asked jointly by Pittsburgh Athletic Co., General Mills, Socony-Vacuum Oil Co. and NBC, suing KQV Broadcasting Co. for damages resulting from its "unauthorized" play-byplay broadcasts of Pittsburgh Pirates games, both at home and away [Broadcasting, July 15, Aug. 1]. Judge Schoonmaker, in view of KQV's stipulation July 12 that it had discontinued and would not resume broadcasts of out-of-town games, did not extend the injunction ruling to include away games, since "there appears to be no danger of imminent injury to the rights of the plaintiffs." By the ruling, KQV is enjoined from broadcasting play-by-play accounts of Pirates games in Forbes Field before "official termination" of the contests; inducing any subscriber to news reports of the games to give away or sell these accounts, or in any way using them while the game is in progress; interfering with the "exclusive rights" of General Mills' and Socony-V a c u u m' s broadcast privileges; rebroadcasting KDKA descriptions of the games; and advertising such broadcasts, among other regulations. The injunction order also called for posting of $10,000 bond by KQV. Property Right In his opinion, Judge Schoonmaker declared that, since General Mills and Socony-Vacuum have contracted with Pittsburgh Athletic Co., owner of the Pirates, for cosponsorship of exclusive play-byplay broadcasts, they have a property right with which KQV is interfering, despite the station's contention it is within its rights in broadcasting descriptions secured by its own observers stationed at vantage points outside Forbes Field. Observing that both defendant and plaintiffs are using baseball news as material for profit, the court described as "unfair competition" KQV's use of its facilities "for giving out the identical news obtained by its paid observers stationed at points outside Forbes Field for the purpose of securing information which it cannot otherwise acquire." The communication of news of ball games by the Pittsburgh Athletic Co. or its licensed news agencies, Judge Schoonmaker held, is not a general publication and does not destroy its property right in the reports, and he cited the socalled "ticker cases" to support his view. On the unfair competition feature of the case, he cited INS vs. AP (248 U. S. 215), which holds that transmission of news for commercial use in competition with a complainant is "a very different matter" from spreading such information "for any legitimate purposes not unreasonably interfering with the complainants' Late News and D. D. DURR, Southern California advertising manager of Tide Water Associated Oil Co., Los Angeles, has resigned effective Aug. 15 to become chairman of the newly-formed Los Angeles Newspaper Publishers Assn. His successor is Nat A. McKown, transferred from San Francisco where he was assistant advertising manager of Associated, working under Harold Deal. McKown will have charge of Associated advertising in southern California, Arizona and Nevada. SAM C. MITCHELL, advertising manager of the Kelvinator division of Nash-Kelvinator Corp., resigned this month and planned to take a lengthy vacation. Walter Jeffrey has been designated acting advertising manager. WANDA WEAVER, formerly of Buchanan & Co., Chicago, has been named an account executive of Ruthrauff & Ryan, that city. BILL RING, formerly with KWTOKGBX, has returned to the staff of the Springfield, Mo., stations, after a brief interlude as a night club emcee. Karl Zomar, who conducted the KWTO-KGBX Man-on-the-Street broadcasts and the KWTO Scrapbook of Radio Poetry, has resigned. Floyd Sullivan, head of the KWTOKGBX news departments, takes over the Man-on-the-Street broadcast, while Merwyn Love is handling the radio poetry book. MILTON WEINBERG, president of Milton Weinberg Adv. Co., Los Angeles, was to leave in mid-August for New York to contact clients on fall radio activities. THOMAS HUTCHINSON, NBC's television program director, returns to New York Aug. 15 from a European inspection tour, during which he studied television practices in England, Germany, France and Holland. EUGENE W. RITTER has been promoted to general manager of the RCA Mfg. Co.'s Harrison plant, replacing the late J. C. Warner. D. F. Schmit has been named to succeed Mr. Ritter as manager of research and engineering at the company's tube plant. WALTER ZIVI, of Selviar Broadcasting System, Chicago agency, has written a play about an advertising agency and its troubles with a radio client called "Come Blow Your Horn". The play is enjoying a successful summer run at Oconomowoc, Wis. W. B. HENRI, president of Henri. Hurst & McDonald, Chicago, and N. H. Pumpian, director of meadia., gave a preview in Cincinnati Aug. 12 of the Smilin Ed McConnell show, a series to begin Sept. 16 for Ballard & Ballard Co., Louisville (Oven Ready biscuits). The -p review was attended by 25 of the firm's sales executives. EDGAR P. KAMPF, formerly with NBC master control, has joined E. V. Brinckerhoff & Co., New York transcription company, as vice-president in charge of engineering. rights to make merchandise of it". He also cited the recent 20th Century Sporting Club vs. Transradio Press Service case, in which the New York Supreme Court apnlied the principles of unfair competition to a broadcast of the Louis-Farr fight and entered an injunction. "The fact that no revenue is obtained directly from the broadcast is not controlling, as these broadcasts are undoubtedly designed to aid in obtaining advertising business," Judge. Schoonmaker declared, in speaking of KQV's contention that it was not unfairly competing with the sponsors because it obtains no compensation from its Pirates broadcasts. Personal Notes WALTER R. BISHOP, public relations director of WRVA, Richmond, on Aug. 15 served as a judge in the contest to select "Miss Virginia" who will go to Atlantic City to enter the national competition for the title "Miss America". Wilder Shifts Personnel CHANGES and additions to the executive personnel of two New York state stations and one in Vermont have been announced by the Central New York Broadcasting Corp. headed by Harry C. Wilder. Charles Denny, formerly commercial manager of WSYR, Syracuse, leaves his post to become general manager of WJTN, Jamestown, N. Y. Herman Steinbruch, of New York City, goes to WNBX, Springfield, Vt., as general manager, replacing Phil Hoffman, who goes to Syracuse as national sales manager for all three stations involved — WSYR, WJTN, and WNBX. Baker to W. Va. Network C. ALLEN BAKER, formerly with the old WPHR, Petersburg, Va., and recently with the same station now operating in Richmond as WRHL, has joined the West Virginia Network as national commercial manager, effective Aug. 12. He also holds that post at WCHS, Charleston key station where he will headquarter. Other stations in the group are WBLK, Clarksburg, and WPAR, Parkersburg. Mr. Baker started in radio about five years ago at WGH, Newsport News, Va. Changes at KOCY KOCY, Oklahoma City, recently purchased by new interests, will begin operation with entirely new equipment about Sept. 1, Manager M. H. Bonebrake announced Aug. 11. A Collins 250 100-watt transmitter is being installed, together with a 172-foot self-supporting steel Truscon radiator, atop the Plaza Court Bldg. Studios are being completely revamped, and about $10,000 will be spent. Ed Flynn, formerly of E. Katz Agency, Detroit, has joined the KOCY sales staff. Mr. Bonebrake, formerly sales manager of WKY, Oklahoma City, has been succeeded at that station by Bob Chapman, formerly of the national advertising department of the Daily Oklahoman and Times. Ken Douglas Heads KTOK KEN DOUGLAS, formerly of WBAP, Fort Worth, has been appointed general manaeer of KTOK, Oklahoma City, by Harold V. Houeh, owner. He succeeds Joseph W. Lee, who has been transferred to Fort Worth, and presumablv will be assigned either to WBAP or KGKO, both of which Mr. Hough directs. It is expected Mr. Douglas will become managing director of the Oklahoma Network, keyed from KTOK. RADIO ATTRACTIONS Inc., New York, recently formed to distribute transcribed radio programs, has been appointed exclusive distributor for Atlas Radio productions in the Eastern states. John McCosker, formerly with WOR, Newark, has joined the organization and will cover Virginia, West Virginia, Delaware, Maryland and the District of Columbia. Radio Industry Leaders Aid N. Y. College Course A 16-WEEK survey course in the theory and practice of radio broadcasting will be started Sept. 28 by the College of the City of New York, conducted by Seymour N. Seigel, program director, WNYC, New York's municipally owned station. Designed as a practical training course for young men and women intending to make a career of radio, the curriculum will cover the entire field of program building, production, publicizing and presentation, presented in a series of lectures by Dr. Siegel and a number of experts in the various phases of broadcasting who will appear as guest lecturers. Trips to NBC, CBS, MBS and WNYC will supplement the classroom sessions. Guest lecturers include: Isaac Brimberg, chief engineer, WNYC; Orrin E. Dunlap Jr., radio editor, New York Times; Homer Fickett, director, March of Time, BBDO; Bert Greene, secretary to Alfred McCosker, president, WOR; Felix Greene, foreign representative, British Broadcasting Corp.; J. Harrison Hartley, assistant director of special events, NBC; John S. Hayes, assistant production manager, MBS; Stockton Helfrich, assistant manager, script department, NBC; Dr. Herman Hettinger, professor of merchandising, Wharton School, U. of Pennsylvania; George W. Johnstone, director of public relations and special features, MBS; Pat Kelly, chief announcer, NBC; Dr. Clyde Miller, Columbia University, secretary of the Institute for Propaganda Analysis; George Mitchell, assistant corporation counsel, City of New York; Herbert Moore, president, Transradio Press Service; Gerald Morris, superintendent of telegraph, N. Y. C. Police Department; Victor M. Ratner, director of sales promotion, CBS; William Robson, director, Columbia Workshop, CBS; Julius Seebach, director of program operations, MBS; Dr. Frank Stanton, manager, research division, CBS. Don Lee-Mutual Change Pacific Coast Personnel PREPARING for a heavy fall schedule of coastwide as well as transcontinental sponsored programs, Don Lee Broadcasting System, Pacific Coast outlet of Mutual, has reorganized and made personnel changes at KHJ,' Los Angeles. Van Newkirk, for the last year special events director, has been appointed director of program operations for the entire network. This eliminates the position of program director at present held by Jack Joy, who leaves the station Aug. 22. Charles Penman, for the last eight years program director of WJR, Detroit, will become head of the KHJ production department on that date. He succeeds Ted Bliss resigned. James Burton, chief announcer, takes on additional duties of studio operations director. Wayne Griffin, continuity editor, will also become public contact man of the production department. Jaime del Valle, head of the KHJ transcription division, has been promoted to television program director of the station, working under Newkirk and Harry R. Lubcke, Don Lee television director. Ed Robinson, asistant to del Valle, has been placed in charge of the transcription division. Page 82 • August 15, 1938 BROADCASTING • Broadcast Advertising