NAB reports (Mar-Dec 1933)

Record Details:

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licensee’s radio programs and to furnish other information respecting the licensee’s business, ostensibly for the purpose of accounting, but actually to enable the defendants to extend and perpetuate their control over copyrighted compositions and the agencies in interstate commerce using the same, in furtherance of their aforesaid illegal objects. “By means of the combination represented by said associa¬ tion, the defendants have gained control of practically all of the popular music for which there has been created a public demand, as well as the talent by means of which such compo¬ sitions are produced. In consequence thereof, the plaintiff and its radio broadcasting facilities are subjected to the control of the defendants and their associates in the aforesaid unlaw¬ ful association, and plaintiff is compelled to pay to the de¬ fendants as hereinabove alleged, extortionate and unreasonable sums under the guise of royalties, but in practical effect as a license fee for the privilege of operating its facilities as instru¬ mentalities of interstate commerce on a commercial basis.” Concerning the ASCAP conspiracy against non-member pub¬ lishers and composers, the bill alleges: “By reason of the conditions imposed by the defendants requiring plaintiff to accept a blanket license covering all of the copyrighted music controlled by said association, the plain¬ tiff is not free to select the composition of other composers not members of said association without duplication of expense by way of royalty payments, and plaintiff is virtually com¬ pelled to broadcast only the music assumed to have been com¬ posed or acquired by members of said association. The de¬ fendants have thereby substantially eliminated competition among composers and among music publishers, and more par¬ ticularly have eliminated competition in the composition and publication of musical compositions on the part of individuals not members of said association, to the detriment of the public interest, and of interstate commerce, and in furtherance of de¬ fendants’ conspiracy and illegal monopoly.” The bill charges that ASCAP fixes or charges for public per¬ formance by enterprises other than broadcasting stations and adds: “In furtherance of defendants’ plan to control directly the radio broadcasting facilities operated within the United States, including the facilities of the plaintiff, as a means of profit to the defendants and members of said association, the defendants have from year to year substantially increased the amounts charged for license privileges to radio broadcasting stations, including the plaintiff, and defendants threaten to, and will unless restrained, still further increase the amount of so-called royalty payments to a point where the defendants shall have gained the control of all benefits and profits of radio broad¬ casting and of the operation of the broadcasting facilities of the plaintiff.” The complaining station charges that it “will suffer damages unless the defendants are enjoined from carrying out the illegal purposes and methods of control herein complained of” and adds: “Plaintiff is ready and willing to pay reasonable royalties to all copyright owners whose compositions are used in the pro¬ grams which are broadcast by plaintiff’s station, and hereby offers to pay into court or secure the payment or perform and abide by such other provisions or conditions as the court may determine to reasonably compensate the copyright owners who are parties defendant herein, individually or by representation, for the public performance of all copyrighted compositions embraced within the license between said association and the plaintiff during the pendency of this suit, and for such reason¬ able time thereafter as will enable the parties to make fair and equitable arrangements for the future use of such copyrighted material.” The bill concludes with the following formal “prayers” to the court for relief: “That the combination represented by defendants under the name of American Society of Composers, Authors and Pub¬ lishers, held to be in violation of the Anti-Trust Laws and that all contracts between said association and its members be declared void; “That the defendants and each of them be permanently enjoined from interfering with interstate commerce; “That the defendants and each of them be permanently en¬ joined from carrying on, or participating in, the operations of said association; “That defendants’ contract with plaintiff be declared void, as being part of a scheme, forced upon plaintiff, to restrain interstate commerce and that defendants be enjoined from commencing any copyright infringement suits or actions, upon the giving of a bond by plaintiff to secure the payment of such reasonable royalties as the court may adjudge.” NRA PRAISES RADIO COOPERATION In the official announcement of the NRA’s approval of the sub¬ stituted previsions for the President’s Reemployment Agreement, tribute was paid to the cooperation of radio stations in making the campaign a success. “The broadcasting industry generally has not only come under the Blue Eagle but at considerable cost to itself has rendered excep¬ tional public service along with the press by carrying to the public vital information concerning the NRA campaign,” the official announcement of the NRA stated. PLANS FOR NAB CONVENTION Despite the enormous pressure of work at NAB Headquarters due to the pending hearing on the broadcasters’ code, plans are going forward for the eleventh annual NAB convention which will be held at White Sulphur Springs, W. Va., on October 8, 9, 10 and 11. Invitations will be sent to all stations within the next few days. While it is as yet too early to present a tentative program, busi¬ ness sessions will be confined to the mornings and evenings, leaving the afternoons free for the enjoyment of the many recreational opportunities at White Sulphur. The program in the main will be confined to a discussion of im¬ portant problems confronting the industry. The Commercial, Engineering, Program, and other committees will present reports of far-reaching importance, although discussion growing out of the NRA code and the copyright situations will have a prominent place on the program. ' Reservations should be made by direct contact with the Green¬ brier Hotel at White Sulphur Springs, W. Va. REDUCED RAILROAD RATES TO CONVENTION At the request of the Managing Director the various passenger associations are authorizing special round-trip rates, either direct or via various routes, to and from White Sulphur Springs, W. Va., for members of the NAB and their families attending the annual convention October 8, 9, 10 and 11. The convention is less than a month off. NAB members should now be actively making their plans to attend. The special rate being allowed by the railroads is a round-trip ticket for one and one-third times the one-way fare. The reduced rate is to be obtained by the “Identification Certificate Plan.” The Identification Certificates have already been ordered by the Manag¬ ing Director and it is expected that they will be ready for distribu¬ tion within the next ten days. Full instructions will accompany the certificates when they are sent to the members from NAB Headquarters. Since the supply is limited to the extent that it is not desired to waste them, one certificate will be sent to each mem¬ ber. However, upon receipt of a request the Managing Director will be glad to send whatever additional certificates may be needed by members. It should be remembered that one certificate will take care of each member and the dependent members of his family. In most parts of the United States tickets cannot be purchased prior to October 5 and they are good for thirty days. They must be validated at White Sulphur Springs. Children of S and under 12 with parents get one-half of the special rate. The Managing Director is required to keep a record of the persons to whom the certificates are dis¬ tributed. It is with the deepest regret that we have learned of the death at San Antonio, Texas, of J. C. Cummings on Sep¬ tember 3. Mr. Cummings had been ill for several months. He was one of the founders of Station WOAI and one of the pioneers in radio broadcasting. For a number of years he served with distinction on the Board of Directors of the NAB. His many friends in radio mourn his passing. The NAB has lost a valuable member and the industry has suffered an irreparable loss. Page 131