Broadcasting (July - Dec 1939)

WCKY Jumps to 50 Kw. Without Any Ceremony WITHOUT preannouncement o r cei'emony, WCKY, Cincinnati began regular operation with 50,000 watts power when it broadcast July 27. The announcement : "WCKY ■ — powerful as any radio station in the entire United States", was made over the air. Formal dedication of WCKY's new RCA transmitter has been postponed until Oct. 1, when the L. B. Wilson station becomes the Cincinnati outlet for CBS [see page 28]. Each member of the WCKY staff received from Mr. Wilson a memento of the high power operation, transforming it from 10,000 to 50,000 watts. Men were given red and blue neckties and the ladies a necklace of 50 pearls. The ties had been ordered several weeks ago, the colors representing NBC Red and Blue networks, programs of which WCKY has been carrying for a decade. WESG, Elmira, N. T., licensed to Cornell University but operated commercially under arrangement with the Gannett Newspapers, on July 26 was assigned to regular operation with 1.000 watts on 850 kc, from 8 a. m. until sunset in New Orleans. The frequency is occupied by the 50,000watt WWL, New Orleans, and the dual daytime operation was formerly classified as experimental. POSTPONEMENT from Aug. 10 to Aug. 16 of the hearing on the renewal application of KVOS, Bellingham, Wash., and on the application of Bellingham Broadcasting Co., for that station's facilities, was announced .July 28 by the FCC. Hearing will be held in Bellingham, and Commissioner G. H. Payne will preside. Paramount on CBS PARAMOUNT PICTURES, Hollywood, on Aug. 7 vdll sponsor the world premiere of "Our Leading Citizen" on 43 CBS stations, Hon., 10-10:30 p.m. (EDST). Broadcast will originate from Van Buren, Ark., hometown of Bob Burns, who is starred in the film. He will be master of ceremonies during the broadcast which will have several Paramount players and Irvin S. Cobb, writer, featured. Bob Hussey, in charge of Paramount West Coast radio activities, will supervise production of the broadcast, with Charles Vanda, CBS western program manager, directing the program for the network. Healthaids List HEALTHAIDS Inc., Jersey City, (Serutan), has announced the 15 stations which will be added Sept. 11 to the campaign on WOR, Newark, of five times a week half -hour programs, featuring Victor H. Lindlahr, editor of the Journal of Living. Stations are: WIP WJJD WHDH KQV KHJ WHK WXYZ WGR WTCN WKRC KFRC WIL WHB and WBAL. Agency is Austin & Spector, New York. Albert Labs. Spots ALBERT LABORATORIES, Chicago (Resperine hay fever remedy), has started thrice-weekly 15minute programs on WWVA, Wheeling; six weekly 10-minute shows on WDZ, Tuscola, 111.; 10minute daily and half-hour Saturday shows on WMMN, Fairmont, W. Va. Newby, Perron & Flitcraft, Chicago, handles the account. Recording Ruling (Continued from Page H) ment; (3) restraining WNEW and Elin Inc. from broadcasting any records made by RCA which are labeled with notices prohibiting their use for broadcast or limiting them to use for non-commercial purposes on phonographs in homes without RCA's consent; (4) restraining WNEW and Elin Inc. from competing unfairly with RCA by broadcasting any of its records without RCA's consent; (5) restraining WNEW and Elin Inc. from competing unfairly with Whiteman and from violating his common law property right by broadcasting any of the records made under his third contract with RCA without his consent; (6) restraining WNEW from inducing Bruno-New York [RCA record distributor] to breach its agreement with RCA by selling WNEW phonograph records made by RCA for broadcast use without RCA's consent. All injunctions were made permanent. Costs were awarded to RCA. In answer to a query from Broadcasting as to whether the case constitutes a good precedent, Mr. Mackay stated that in his opinion it does. "If the case had been limited to a single recording it might not have been so," he said, "but because this case dealt with all three types of contract which are made between artists and recording companies I think it forms an excellent legal precedent. Furthermore, the decree recognizes the rights of the record manufacturer on three counts, giving him the right to restrict or prohibit the broadcasting of his records, protecting him against unfair competition from having his records broadcast without permission, and upholding his right to forbid the sale of his records for use in broadcasting." Licensing Plan RCA, he said, will shortly formulate a licensing plan for stations, whereby they will be permitted to broadcast records made by RCA on payment of a "reasonable fee". This license will allow the broadcaster to use any records made under the usual type of artist contract, in which all rights are assigned to the manufacturer, or under contracts in which the selling rights are not mentioned. Records SEARS S AVER, INC • NATIONAL REPRESENTATIVES made under contracts in which the artist prohibits their use in broadeasting will be listed in the licenses, he said, as not being included. This third type of contract is extremely rare, he stated, and would cover only about 1% of all RCA records, chiefly in the field of symphonic and operatic music. Mr. Mackay said that RCA is now preparing letters to be sent to stations informing them of the decision and notifying them of RCA's intention to issue licenses. Explaining that the fees collected from broadcasters will be equitably divided between the recording artist, the copyright proprietor and the manufacturing company, he said that letters will also be sent to the company's recording artists, promising them a fair share of these license fees and warning them against signing away their rights to any organization which might take from them a portion of their fees. While the letter mentions no names it is obviously aimed at NAPA, organization of recording artists, which is urging its members "not to surrender their rights in their recordings, but on the contrary to reserve them so they may not be commercially exploited against their interests." A statement issued by NAPA following the preliminary announcement of "findings of fact and conclusions of law" announced by Judge Leibell on July 14 continues: "NAPA feels that the artist's reputation, talent and personality must be protected against such commercial exploitation. The only interests of the recording companies are the profits resulting from such exploitation. The artist's interests, on the other hand, are of a deeper character, since they include not only his pecuniary rights, but the protection of his artistic integrity." Representatives of Decca Records and of Columbia Recording Corp., other major manufacturers of phonograph records, admitted they were studying the decision closely but said their companies had not yet made any decision as to whether they would follow RCA's example in issuing licenses to broadcasters. It is generally expected, however, that some form of broadcasting licenses will be issued by all recording companies. As Broadcasting went to press WNEW executives and attorneys were likewise studying the decision, but had come to no conclusion regarding an appeal. One attorney, who asked not to be quoted, told Broadcasting he doubted if the station could properly make an appeal since it did not defend itself against RCA in court. Prof. Quiz Plans PROCTER & GAMBLE Co., Cincinnati, on Sept. 8 plans to start Professor Quiz for its Teel dentrifice on a coast-to-coast CBS network. Program will be heard weekly from 7:30-8 p. m. (EDST), but stations have not yet been determined. It is understood that Professor Quiz, discontinued July 22 by Noxzema Chemical Co., will be heard on CBS as a sustaining program until Sept. 8. H. W. Kastor & Sons, Chicago, handles the account. If It^s Coverage You Want — WeVe Got It! (Announcing The New KWFT Wichita Falls • Texas ^^The Texas -Oklahoma Station^^ Covering the Great Texas Panhandle and Southern Oklahoma Day Coverage: 2,384,000 Population Night Coverage: 684,000 Population Affiliated with COLUMBIA BROADCASTING SYSTEM 1,000 Watts Day 620 Kc. 250 Watts Night PAUL H. RAYMER CO., National Representatives Page 64 • August 1, 1939 BROADCASTING * Broadcast Advertising