Broadcasting (July - Dec 1942)

Suit Based on Fees Charged For Transcriptions Deferred Test Case Involved Legality of Charges Made By Copyright Owners for the Use of Discs Connor Explains Radio Alert Plan Federal Officials Get Details On West Coast System AT THE REQUEST of several Government war agencies, Richard F. Connor, director of radio coordination for the Southern California Broadcasters Assn., was in Washington last week to outline methods employed by stations in the area in collaboration with the Fourth Fighter Command. Undertaken some seven months ago, the coordinated plan of operation, covering everything from maintenance of radio silence and alerts to clearance of Government programs, is being used as a pattern for cooperative setups in other areas. The alert system, tying in all stations in the area, has been adapted for use in the New York metropolitan area and probably will be employed as the base for other cooperative ventures. Mr. Connor, former West Coast station manager and news editor, was called in by the Southern California association to organize the radio center. Because of the manner in which the plan has functioned, authorities here were anxious to get the details. Mr. Connor conferred with radio officials of the Army, Navy, Treasury, OWI, and other Government organizations. All stations in the Southern California area, from San Luis Obispo to San Diego, and all of the networks, are cooperating in the operation. In all, there are 29 stations, aside from CBS, MBS, Don Lee and the BLUE. Networks Consider Plan The Southern California association established its radio center on Dec. 15 — just a week after the Pearl Harbor attack. Lawrence W. McDowell, general manager of KFOX, Long Beach, is chairman of the executive committee of SCBA, which established the operating plan. Other members are Donald W. Thornburgh, CBS vice-president; Harry Maizlish, KFWB, Hollywood; Van C. Newkirk, MBS-Don Lee; Harry W. Witt, CBS-KNX. Mr. Connor was in New York last Thursday to discuss the entire operating plan with A. A. Schechter, NBC news chief; E. K. Cohan, CBS director of engineering; Adolph Opfinger, MBS program service manager. Enroute to Los Angeles, he planned to stop in Chicago, at the suggestion of Treasury radio bond drive officials, to discuss aspects of the program clearance operation with network and station representatives there. Bank Group Plans NEW YORK STATE Savings Bank Assn., New York, which has used spot radio in the past, is understood to be interested in sponsoring participations on women's programs in the state to interest women in starting savings accounts. No details have been released as yet. Agency is Ruthrauff & Ryan, New York. SYDNEY M. KAYE, New York attorney and executive vice-president of BMI, last week announced termination of his representation of Associated Music Publishers, which early this year retained Mr. Kaye to prosecute a test suit to determine whether transcriptions are included under the provisions of the Federal Copyright Law dealing with recording rights [Broadcasting, March 16]. Break in the professional relationship follows a decision of AMP not to go ahead with its projected legal action for business reasons of the company, Mr. Kaye stated, and "has taken place without and diminution of the friendly relationship between the officers of Associated and myself." Interpretation of Law The proposed test case was predicated on the belief of AMP, held also by certain other transcription companies, that transcriptions, within the meaning of the Copyright Act, are "parts of instruments" which serve to reproduce mechanically musical works and are therefore subject to the royalty payment of 2 cents per pressing per musical composition which the law sets as the maximum recording rights fee for phonograph records. Despite this statutory limitation on recording fees, which has been the maximum paid for phonograph records, copyright owners of music have charged transcription manufacturers fees as high as $15 per selection per year, with additional fees of 25 to 50 cents per selection per performance for commercial use. It has been estimated that in the aggregate the transcription industry has paid to the music publishers more than $1,000,000 annually for the right to record music for broadcast use. This sum is in addition to the broadcasting rights paid GENEALOGY OF CHURCH family, dating back to 900 A.D., is presented to Arthur B. Church (left), president of KMBC, Kansas City, by his father, Charles F. Church, of Lamoni, la. The elder Church spent his spare time during the past eight years compiling the history. WAR CONDITIONS I Explained In New Program I by National C. of C. ' ENLISTING radio in a widespread public service, the United States Chamber of Commerce is currently producing a weekly transcribed program, Action on the Home Front, which consists of careful interpretation of the Government's mobilization at home. Business men throughout the country are encouraged to submit questions which are answered by experts of the Chamber and edited for broadcast needs by Hardy Burt, radio director of the national Chamber of Commerce. At present, 91 stations, representing each of the four major networks, are broadcasting this program in cooperation with local chambers of commerce. Although the title is the same as that of the original series which featured business leaders each week the current pattern of answering question was originated July 6. This program is being made available to stations through their local chambers of commerce although it was pointed out by an official of the U. S. Chamber of Commerce that stations may also obtain the program by themselves for use as a sustaining feature. by the broadcasters to the copyright owners, usually through licensing organizations such as ASCAP, BMI, SESAC, etc. Discussion of a test suit had been going on in the transcription industry for several years and at one time it appeared as if such a suit would be undertaken as an industry matter, with the costs shared by the various companies in the field. None of the plans ever came to fruition, however, and in February AMP retained Mr. Kaye to represent it as an individual company in such test litigation. He thereupon wrote, on behalf of AMP, to Harry Fox, agent and trustee for some 500 publishers and manager of the Music Publishers Protective Assn., notifying Mr. Fox that the copyright issue would be tested. Suit Dropped Shortly thereafter Mr. Kaye's retention had been announced, changes occurred in the ownership and management of AMP as a result of which the test suit was dropped for the time being. Mr. Kaye therefore requested that he either be relieved of his retainer or be allowed to proceed with the litigation. The company decided that it does not wish to go ahead at this time when the industry is beset with so many immediately pressing problems. Mr. Kaye stated, in describing School Spot Drive Now on 21 Outlets Chicago Sponsor Plans Use Of 53 Programs Next Fall AMERICAN SCHOOL, Chicago, which has been steadily expanding its use of radio for home study courses since a test spot campaign on WOV, New York, two years ago [Broadcasting, Aug. 4, 1941], is now using five-minute or quarterhour news and musical programs on six stations, and one-minute announcements on 21 stations throughout the country. For a fall campaign, which starts Aug. 31, 53 stations have already been lined up. The school finds that radio can offer its products in territories where they have never been able to successfully advertise by any other medium, according to N. Loye Minor, who handles the account for Equity Adv., New York. New Series Placed Having completed a 13-week campaign of news and music programs, in April [BROADCASTING, Jan. 12, 1942], the school lined up a schedule of similar programs on a new group of stations, including KIEV KFDM WXYZ WAAF WDGY WINS. Additions to the list [Broadcasting, April 6] of stations carrying live announcements at their discretion are: WMMN WMCA WLIB WBYN WJAS WSRR WJBC KTBI WFMJ KSAN KFEL. While some stations mave been added, others have been dropped from the original list. Dental Assn. on Don Lee SOUTHERN CALIFORNIA State Dental Assn., Los Angeles (institutional), in a 52-week campaign which started July 19, is sponsoring a weekly quarter hour dual commentatory series titled America's Week At War, on eight California Don Lee stations (KHJ KGB KFXM KPMC KVEC KDB), Sundays, 8:45-9 a. m. (PWT). Featured are Norman Nesbitt and Harrison Wood, who analyze significance of news and commentaries of the week. Portion of the broadcast is also devoted to answering timely questions submitted by listeners. Agency is Little & Co., Los Angeles. the situation: "AMP originally retained me to bring a test case in order to determine whether electrical transcriptions fall within that provision of the Copyright Act which establishes two cents as the' maximum fee for the recording of any musical composition. , "Due to business reasons, AMP has decided not to press such a suit at the present time, and I have, therefore, at my request, been relieved of my retainer. The termi-j nation of my professional relation-l ship with AMP in this matter, asl a result of AMP's business deci-l sion, has taken place without any| diminution of the friendly relation-l ship between the officers of AMPl and myself." | Page 18 • July 20, 1942 BROADCASTING • Broadcast Advertisim