Broadcasting (July - Dec 1939)

IRNA and AFM Will Confer On Renewing Musician Pacts Session in New York on Nov. 2 Will Take Up Terms of Contracts; Board to Meet OPENING of conversations with the American Federation of Musicians looking toward revision, extension or renewal of contracts for employment of musicians by the broadcasting industry, is scheduled Nov. 2 in New York by the executive committee of Independent Radio Network Affiliates and the International Executive Board of AFM. With the present "Schedule A" expiring on Jan. 17 for network affiliated stations, the IRNA board, at the call of Chairman Samuel R. Rosenbaum, president of WFIL, Philadelphia, convenes in New York Nov. 1 preparatory to its meeting with AFM. Contracts of non-network independent stations with AFM locals, following closely the terms of the network affiliate agreement, expire in September. To Meet Other Groups The IRNA executive committee, after holding its preliminary session, will meet with the labor experts of the major networks. These include Mark Woods, NBC vicepresident; Lawrence W. Lowman, CBS operations vice-president, and T. C. Streibert, vice-president of WOR-MBS. Under the existing contracts, the networks share in defraying the cost of hiring musicians for stations, based on a stabilization fund through which they contribute to payments made by affiliates. The IRNA executive committee also will meet with a group representing National Independent Broadcasters Inc., headed by former Federal Radio Commissioner Harold A. Lafount, on the same problem. The contract evolved by independent stations differs only slightly from that entered into by the affiliated stations through IRNA. At the preliminary meeting of the IRNA committee with the AFM board, it is expected that a basis will be reached for conversations and negotiations, whereby a uniform type of employment contact can be developed. Many stations have objected to the present schedule — providing roughly that stations expend approximately 5% of their annual income for retention of staff musicians — on the ground that it imposes an onerous burden. This has been held true particularly in the cases of smaller stations located in communities which do not have qualified musicians. In spite of that, they claim they have been forced to retain mediocre musicians and pay them at the union scale, while not being able to use the men on the air. The employment contracts were entered into originally by IRNA, which was created for the purpose, when the AFM claimed that unemployment in the ranks of musicians was in a measure attrioutable to radio. The contracts were for a two-year period and were entered into when a nationwide strike of musicians was threatened. Joseph L. Miller, NAB labor relations expert is expected to meet with the IRNA executive committee as a consultant in preliminary deliberations. Members of the Committee, in addition to Chairman Rosenbaum, are Mark Ethridge, WHAS, Louisville; Walter J. Damm, WTMJ, Milwaukee; L. B. Wilson, WCKY, Cincinnati; John Shepard 3d, Yankee Network. Paul W. Morency, WTIC, Hartford, vicechairman of IRNA, also is expected to attend. Joseph N. Weber, president of AFM, announced that his International Board also would hold a preliminary session Nov. 1 before the joint sessions with the IRNA Executive Committee. Mr. Weber said that radio was not discussed at his board session last week and that his organization had not formulated new demands as yet. The terms of the new contract, he asserted, will be worked out with the IRNA committee on the basis of what seems best for both parties. WITH ITS plan of organization completed, the new $1,500,000 Broadcast Music Inc., subsidiary of NAB designed to solve the perennial ASCAP problem, hopes to begin active operation as soon as formalities of the organization are cleared through the Securities & Exchange Commission. At a meeting of the Broadcast Music board scheduled for New York Oct. 31, the organization plan was to be approved in final form, after having been drafted by Sydney M. Kaye, NAB special counsel on copyright. President Neville Miller reported prior to the meeting that response from the industry has been encouraging and that pledges made at the special convention on copyright in Chicago Sept. 15 for the $1,500,000 stock would soon be solicited. It is expected a series of NAB regional meetings, in the 17 districts into which the country is divided, will be arranged for this purpose. Meanwhile the Broadcast Music board has completed broad operating plans for the new corporation. Mr. Miller also has continued his canvass of available executives in the music field to head the new organization. A dozen prominent individuals in music, it is understood, are among those being actively considered. The actual operating plans of Broadcast Music, Mr. Miller said, obviously will be held in abeyance until the new executive is selected. On the surface, except for the battle of briefs and arguments continuing in State courts in ASCAP's onslaught against State anti-monopoly laws aimed at it, comparative quiet has reigned in copyright. Stransky Spots on 12 J. A. STRANSKY MFG. Co., Pukwana, S. D. (gas savers), has started a varying schedule of oneminute spot announcements on 12 Midwestern stations. The campaign will be expanded nationally next fall, according to Vanderbie & Reubens, Chicago agency handling the account. Socony Sports Plans SOCONY-YACUUM OIL Co., New York, extensive user of baseball broadcasts, will sponsor only American League games next season and will discontinue broadcasts of New York, Chicago or other major league team games, many of which were sponsored jointly this past season by Socony with General Mills and Procter & Gamble Co. News and sports broadcasts will replace the spring and fall baseball games, according to J. Stirling Getchell, New York, the agency in charge. Brockington off CBC Board L E O N A R D W. BROCKINGTON, K.C., chairman of the board of governors of the Canadian Broadcasting Corp.. has retired from that position after three years, his term ending Oct. 31, according to announcement by Prime Minister Mackenzie King. Mr. Brockington will devote his time to his law iiractiee in Winnipeg. As CBC chairman he received $1,.500 annually plus travelling expenses. He was the only paid member of the nine-man hoard. As far as could be learned, there have been no further negotiations of stations or station groups with ASCAP regarding contract renewals to succeed those which expire at the end of next year. An indication, however, that ASCAP may be reopening its campaign in the public prints was seen in an editorial published in the Chicago Daily Netvs of Oct. 17 castigating the broadcasting industry for its campaign "to deprive songwriters and song publishers of reasonable recompense for the products of their creative talents and industry." Referring to the State litigation, the editorial pointed out that several Federal Courts have granted injunctions against antiASCAP statutes in such States as Florida, Tennessee and Nebraska. It predicted that when the issue is brought before the Supreme Court the unconstitutionality of such statutes would be "fully estabhshed". The editorial continued: "Yet even among broadcasters there seems to be a dawning realization of the futility of an effort to nullify Federal copyiight laws through State legislatures. Perhaps this explains a movement begun by broadcasters at a recent convention in Chicago. Foresees Its Doom "Enthusiastically backed by neai'ly every radio station in the country, this looks toward the establishment of a radio-controlled rival for ASCAP. Such an organization would eventually give radio power to deal dictitorially with a carefully controlled clique of publish{Continued on page 70) ASCAP Disclaims Network Dickering Chains Also Deny That They Are Negotiating Already REPORTS THAT the major networks were negotiating extensions of their contracts with ASCAP were formally denied Oct. 25 by John G. Paine, ASCAP general manager. He declared the networks had not approached ASCAP at all. Conversations have been in progress with individual stations and station groups from time to time, it was indicated. Both NBC and CBS officials also disclaimed any negotiations with ASCAP. It was pointed out, however, that a large number of station affiliate contracts run beyond 1940, when current contracts with ASCAP expire, and that all of these affiliate contracts contain the standard clause requiring the station to have whatever licenses may be necessary to allow it to broadcast copyright material. Moreover, it was ascertained that the networks are continuing conversations with affiliates in a normal way in connection with contract renewals. Purveyors of Good Will Meanwhile, it was learned that ASCAP, in an effort to improve its relations with its broadcaster customers, about Jan. 1 will send two "ambassadors" on the road to call on stations. Their aim will be to discover what it is that broadcasters do not like about ASCAP and to attempt to correct whatever the Society considers an erroneous attitude as well as to assist stations in making fullest possible use of the music rights they secure through their payment to ASCAP. The goodwill ambassadors will be Robert G. Paine, son of General Manager Paine, and Richard Frohlich, son of Louis Frohlich, ASCAP's general counsel. Communist Refused ADDRESS scheduled of Oct. 24 by Israel Amter, Communist candidate for the New York City Council, whose name was ruled off the ballot bv the Board of Elections, was cancelled by WNEW, New York, about three hours before it was to be broadcast on that station. According to Bernice Judis, general manager of WNEW: "Broadcasts for the Communist Party over WNEW by candidates whose petitions were recently disqualified by the Court of Appeals have been discontinued. Discontinuance of the broadcasts is an effort to abide by the code recently set up by the NAB, of which WNEW is a member station." Mr. Amter protested the action and announced his intention to appeal to the FCC. Equity and AGMA Shows NEGOTIATIONS for two variety programs similar to the Screen Actors' Guild productions on CBS and available for separate sponsorship are now being discussed by executives of Actors Equity and the American Guild of Musical Artists. The Equity program will probably be an hour program for a Sunday afternoon period, but no definite plans have been announced. The AGMA show, which is handled through A. & S. Lyons, New York, is offered as an hour or halfhour program, the proceeds of which to go to AGMA's charity fund or to the maintenance of the organization. Broadcast Music Inc. Plans to Start Active Operation After Clearing SEC Page 18 • ISovember I, 1939 BROADCASTING • Broadcast Advertising