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MBS Keys Shun ASCAP Contract
Weber Notifies All Affiliates
Terms Are Unacceptable
ANNOUNCEMENT that ten key stations of MBS have rejected the terms of the new ASCAP license and therefore after Jan. 1, 1941, will neither originate any programs containing ASCAP music nor broadcast such programs sent to them from other stations was made Aug. 8 by Fred Weber, general manager of MBS, in a letter addressed to all Mutual stations and advertising agencies.
Effect of this action is to align Mutual with NBC and CBS in a united front against the ASCAP demands and to kill once and for all tecent rumors that MBS facilities would be available to programs of ASCAP music after they are barred from NBC and CBS.
Up to Affiliates
Stations listed as having informed MBS they "definitely do not intend to accept the terms proposed by ASCAP for the renewal of their existing ASCAP licenses" are WAAB, Boston, key station of the Colonial Network; WKRC, Cincinnati; WHK-WCLE, Cleveland; WGN, Chicago; WOR, Newark; KHJ, Los Angeles; KFRC, San Francisco; KGB, San Diego; KDB, Santa Barbara, the latter four keys of the Don Lee Network.
The letter points out that "Mutual does not originate programs, but merely makes available to members and affiliates programs originated by other members and affiliates. Accordingly, questions involving music copyrights in connection with such programs must ultimately be decided by the member and affiliate stations."
It was this unique network setup, unlike that of NBC and CBS which own and operate the majority of their key stations, which had given rise to reports that MBS, being unable to speak for its stations, would avoid taking any action on the ASCAP question and so place itself in a position to profit at the expense of NBC and CBS by being able to accept commercial programs containing ASCAP music after the first of the year.
'Syndicate' Rumor
Indeed, one report had it that a syndicate had already been formed to secure an exclusive license for the use of ASCAP music on a nationwide basis and resell this privilege to certain large advertisers, the programs to be placed on MBS hookups.
Flaws in the logic back of such reasoning are clearly revealed in the final paragraph of Mr. Weber's letter, which reads as follows: "Inasmuch as the Mutual Broadcasting System is a station owned, financed and operated network, you may be sure that the best interest of all the member and affiliate stations will be the paramount consideration in any decision by Mutual member stations."
WITH 51 stations added to the BMI roster during the NAB convention, the total now stands at 362 members, representing approximately 8.5% of the dollar volume of the entire broadcasting industry, according to BMI statisticians.
PROPAGANDA FIZZLE
ASCAP-Planted Cartoon Cut ■ After Discovery
AN ASCAP attempt to plant its propaganda in the New York W orld-T elegram through a cartoon by Will B. Johnstone, ASCAP member and World-Telegram cartoonist, fizzled July 31 when the pro-ASCAP cartoon was deleted from the paper after it had appeared in the first edition. Newspapers executives reported the removal resulted when the space was needed for news. Scripps-Howard, which owns the World-Telegram, also operates four radio stations — WNOX, Knoxville, W C P 0, Cincinnati, W M C and WMPS, Memphis.
The cartoon consisted of six panels, the first of which pictured an announcer at the mike of Station NO stating, "Kate Smith will now sing 'Yes, We Have No Good Music, We Have No Good Music Today' ". In another box a radio program included "Rhapsody in Old, Expired Copyrights" and "Melodeon Flops of 1864". A third panel showed a radio set blaring. "We now bring you the amateur hour with works of composers controlled by the networks. We pause a moment for you to tune out."
BMI Recordings
FOUR phonograph records of BMI tunes are scheduled to make their appearance on music counters this month, with "What Good's the Moon?" which was issued as an Okeh disc on Aug. 2, having the distinction to be the first BMI composition to be waxed for home reproduction. On Aug. 23 "Same Old Story" will be issued by both Bluebird and Okeh, and on Aug. 30 "Practice Makes Perfect" will appear under the Bluebird label. Bluebird records are produced by RCA Mfg. Co.; Okeh discs by Columbia Recording Corp.
Greeting Cards Test
AMERICAN GREETING Publishers, Detroit (greeting cards), has appointed Simons Michelson, Detroit as agency. Ivan Frankel is in charge of the account, and plans are for a 13-week test campaign of dramatized one-minute transcribed announcements in Chicago, Detroit and Cleveland.
Talent Firm Backs BMI
CONSOLIDATED RADIO Artists major talent management organization, has informed BMI that it "will cooperate with you by featuring BMI music on all of our radio programs, starting immediately," in a letter written Aug. 2 by CRA's president, Charles E. Green. Stating that his company has under its management such bands as Jan Savitt, Charlie Barnett, Blue Barron, Little Jack Little, Don Bestor, Isham Jones, Gray Gordon and Louis Armstrong, Mr. Green stated "We expect to have at least 50% of all programs playing your music by the end of next week and feel reasonably sure that this will be increased to 90% before the end of the month."
BMI Minimum Fees
{Continued from page 18)
of authorship. Such figures as are now available tend to show that the leading hits are performed by the average station throughout the country three to four times a day during the period when they are most popular.
"Thus performance by 500 stations three times a day will produce almost $1,400 in three months. The number of performances of BMI music may be deemed to be even greater than those of others because of the natural tendency of broadcasters to perform the music which they themselves through BMI permanently control.
"Since the young writer at present receives no compensation at all, it is obvious that the payments of BMI will constitute a very substantial reward for such writers, and will be a great improvement of their status. Even with respect to the few selected ASCAP members, however, it has been estimated that the majority of them would fare better if ASCAP adopted BMI's method of compensation. Indeed, test cases have been checked and instances found where writers who now receive from $10 to $1,200 per annum, would be receiving several thousands of dollars under BMI's method of payment."
LeROY MILLER, announcer of KYW, Philadelphia, associated with the early-morning Musical Clock programs, has organized a "KYW Radio Revue" for personal appearances at resorts.
KVI, Tacoma, Affiliation, To Be Dropped by CBS
FOLLOWING the recent action of the FCC in giving KIRO, Seattle, Class I-B status as a fuUtime cleared channel station with 10,000 watts power, CBS has notified KVI, Tacoma, that the latter's affiliation with the network will be discontinued next June, as CBS feels it would not in the public interest to have a duplication of its programs in the area which will be covered by KIRO as well as KVI when KIRO begins operations with its new power. Construction is now under way on the new transmitter which KIRO hopes to place in operation before the first of the year.
Reports that the network's proposed withdrawal from Tacoma has aroused resentment in that city recall the conspiracy suit filed against CBS and Senator Bone of Washington in 1938 by the owners of KOL, Seattle, which had been the CBS affiliate in that city before the network broke that relationship to replace KOL with KIRO as the Seattle outlet. Suit, alleging that Sen. Bone used his public office to favor KIRO at the expense of KOL, asked damages of $250,000 from the network, the Senator and the owners of KIRO [Broadcasting, June 15, 1938]. These charges were denied by all parties and the suit was later dropped.
ROBERT B. EATON, applicant for an experimental television station in Des Moines, is the composer of two tunea recently published by Broadcast Music Inc. — "When the Night was New" and "Let's Talk About You."
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BROADCASTING • Broadcast Advertising
August 15, 1940 • Page 95