Broadcasting Telecasting (Jul-Sep 1962)

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EDITORIALS ASCAP's inning THE results of the first inning of the court battle over new ASCAP music licenses for television stations were disappointing, but not disastrous. The inning ended a week ago with Judge Sylvester J. Ryan's ruling that ASCAP cannot be forced to grant the kind of license that television stations are demanding (Broadcasting, Sept. 17). Anybody who was surprised by the decision has not been paying attention, for Judge Ryan said as long ago as last January that he was thinking in this direction (Broadcasting, Jan. 29). Counsel for the All-Industry Tv Station Music License Committee, representing approximately 370 stations, made clear beforehand that they would appeal to the Supreme Court. What they're seeking is a license under which music used in future syndicated programs and feature movies would be licensed by the producers "at the source." Stations would have to pay ASCAP for only the ASCAP music used in their locally originated programming. Whether the stations win or lose in the Supreme Court, there will still have to be a hearing to determine what their rate of payment to ASCAP will be. ASCAP, of course, contends the present form of license should not be tampered with and that, in addition, rates should be restored at least to their 1954 levels, or about 20% higher than now. Broadcasters have indicated that a reduction on about the same order — 20% — would not be unreasonable. Considering that what Judge Ryan said in his ruling was substantially the same thing he said eight months ago, progress thus far would seem neglible. To the contrary, there appears to be more reason for optimism among broadcasters now than when the judge first spoke. Those close to the case have detected signs that although his opinion has not changed, he holds it less tenaciously now. Just before he filed it, for example, he observed that the Supreme Court might not uphold it. This admittedly does not give much comfort, but it provides more grounds for hope than existed in January. The ball game may be much closer than the score at this point indicates. But it's going to be a long ball game. Barring an agreement that neither side expects, it'll probably be another 18 months, at least, before the last put-out. Equitable judgment THE departure of MCA from the talent agency business, an event that was given permanence in the antitrust consent decree filed last week, can have nothing but salutary effects in television programming. No one can doubt that the negotiating power MCA had built up through the shrewd exploitation of its vast talent pool worked to the detriment of producers who were trying to compete with MCA's tv subsidiary. Revue Productions. If the MCA concentration of talent control had been permitted to grow, the inevitable consequence would have been a centralization of programming power formidable enough to discourage competition and drive up the prices of television production. For the general good of television, neither of those conditions is desirable. Television needs a diversity of program sources for artistic and economic reasons. The more opportunities television affords to individual producers and production companies, the more chance there is for new ideas and new program treatments to emerge. Creativity is more apt to be stimulated if many producers are at work than if a few dominate the field. The tendency toward imitativeness can only be accentuated if the process of program creation is controlled by a small group. It also follows that to the degree that programming power is confined to a few companies, to the same degree those companies enhance their power to bargain for higher prices. The last thing television needs at this point in its development is a rise in the costs of production. MCA won its present place as a leader in the entertainment world by being smarter and working harder than many of its competitors. Its top management remains intact, and we have no doubt that MCA will continue to expand in the fields where the consent decree permits it to operate. The company's worst enemies admit that its management has been almost flawless. But from now on its sales to television must be made on the basis of the quality and price of its shows. If its competitors are still unable to meet its competition, at least they cannot claim they lost out because of MCA's power to grant or withhold the services of stars. School's out A QUESTION vital to educational television stations all over the U.S. is at stake in the labor dispute which put WNDT (TV), New York's new educational station, off the air last week almost before it went on. The New York local of the American Federation of Television & Radio Artists called a strike when WNDT refused to give the union jurisdiction over teachers, professors and a few other non-performers appearing before WNDT cameras. The station, unable to continue, closed down at the end of its dedicatory program. The outcome of this dispute undoubtedly will set a precedent which can affect the future operation of every other educational tv station in the U.S. If AFTRA succeeds in organizing "non-performers" on etv in New York, won't other AFTRA locals follow suit in their own communities? The question at stake here is too critical to be resolved hurriedly. In these circumstances we suggest that, if the stalemate continues, AFTRA could take some of the heat off the central question and help its own public relations at the same time by lifting the strike while negotiations continue. After all, the unions have passed up many opportunities to get at the teachers in etv before; they can show a little more patience now. Drawn for Broadcasting by Sid Hix "Pop, if Krunchies give him all that energy to clobber the ball, why is he batting .160 this season?" 154 BROADCASTING, September 24, 1962