NAB reports (Jan-Dec 1935)

lessen the value of the section so far as its purpose is concerned. That purpose is to accord a remedy for infringement, not a weapon under which the owners of copyright may stimulate the sale of their works. "In place of the stated minimum, the bill provides that the courts shall award sufficient statutory damages to prevent infringement and such as may be just, proper, and adequate in view of the cir¬ cumstances of the particular case. The maximum is fixed at $20,000, four times the amount specified in the present law. This seems appropriate in view of the vast increases in recent years in the value of copyrightable works. "Producers of copyrighted works have been persistent in their assertion that this takes from them an essential remedy. The Com¬ mittee on Patents believes that the reverse is true. So many pal¬ pable injustices have arisen from the present law that courts have acquired a dislike for handling such cases and have come to feel that the law is wrong. It is believed that, with the enactment of this provision of the bill, the courts will realize that the statute lays a foundation under which they can do justice and that they may be relied upon to utilize their full powers and abilities to such end. “There would seem to be little doubt but that, given the oppor¬ tunity, the courts will accept with enthusiasm the task of preventing infringement and that the cases which actually come before them will prove clearly that the authors and composers of the country are far better off than they were before. It may be noted in this connection that the provision of the bill is based upon confidence in the ability of the courts to pronounce justly between plaintiff and defendant. .\ stated minimum sum, fixed by statute, indicates distrust of the courts. Plaintiffs who start suits distrusting the courts are likely to have an equal distrust in the merits of their causes. It has been said that, in order to feel that he can bring suit for infringement, a poor author must be assured of a certain minimum of damages. If the use of the copyright work is worth anything at all to the user, the court must, under the terms of the bill, award something. Since it must award enough to stop such infringements, it must award at least enough to cover what infringement is worth to a user. “The other remedial provision about which there has been im¬ portant controversy is that of injunctive relief. Producers of copy¬ righted works claim that, unless full rights of injunction are accorded them, users of copyrighted works will pay no attention to their rights and will simply remunerate them in damages after having callously used their works in whatever manner was desired. Users of copyright work, on the other hand, claim that unless given a large exemption from the full implications of the law of injunction, they may be put to vast and unwarranted losses in cases that would be of small use to copyright owners and might, indeed, enable copyright owners to indulge in practices differing little from blackmail. “For instance, a publication about to go to press might, under present law, be enjoined because of the appearance of a single small item which infringed some copyright. Or a radio broadcaster might be about to begin a program and have that program seriously in¬ terfered with through the deletion of some part in which, quite un¬ known to the broadcaster, claim of copyright existed. In such cases it is obviously better that the copyright holder should run the risk of some loss, which could in all cases be reimbursed in damages, than that the copyright user should be thus placed in jeopardy in the course of his business. Accordingly, the present bill reduces the in¬ junctive remedy, but quadruples the maximum of statutory damages, and continues the present unlimited amount of damages recoverable when actually proved.” COPYRIGHT BILL IN HOUSE Congressman Sol Bloom has introduced in the House a bill to amend the present copyright laws (H. R. SSS7) which is a com¬ panion bill to the Duffy Copyright Bill which has just been reported favorably to the Senate. The Bloom bill has been referred to the House Committee on Patents. COLORADO SPRINGS, JULY 7-10 The Thirteenth Annual membership meeting of the NAB will be held at Colorado Springs, Colo., July 7 to 10, inclusive. The Convention Committee has been informed that all space in the Broadmoor Hotel has been reserved and that additional reserva¬ tions will be taken care of at the Antlers Hotel in Colorado Springs. A program of entertainment for delegates and guests has been worked out by the local committee of Denver N.\B members. The Convention Committee made last-minute adjustments in the program for the meeting, reducing set speeches to a minimum, and allowing plenty of time for discussion for all topics to come before the meeting. Come prepared to participate in the discussions and take part in the actions of your Association. Remember this is a membership meeting, not merely a convention. And what is more, it is your meeting. OFFICERS TO BE ELECTED Election of officers will take place on the final day of the meeting. The terms of the following expire with the meeting: Truman J. Ward, President; Lambdin Kay, First Vice President; C. W. Myers, Second Vice President; Isaac D. Levy, Treasurer. The terms of the following expire at the meeting: J. Thomas Lyons, I. Z. Buckwalter, Stanley E. Hubbard, Harold Wheelehan, Powel Crosley. Philip G. Loucks, managing director since November, 1930, noti¬ fied President Ward last May that he will not be a candidate for reappointment and this post must be filled by the Board of Directors at its reorganization meeting at the close of the meeting. THE CONVENTION PROGRAM •A tentative program for the Colorado Springs meeting is as follows: General Information Registration desk will be open from 10:00 A. M. until 1:00 P. M. Sunday, and from 8:30 A. M. until 5:00 P. M. on Monday, Tues¬ day and Wednesday. Registration fee $7.50 per person. Banquet tickets may be pur¬ chased at Registration Desk at $3.00 each. Fifth Annual NAB Championship Golf Tournament will be held Sunday for Broadcasting Magazine Trophy. First foursome will tee off at 10:30 A. M. All general sessions start promptlv at 9:30 A. M. WEAR YOUR BADGE AT ALL TIMES. IT IS YOUR TICKET TO ALL MEETINGS. WITHOUT IT YOU WILL BE DENIED ADMITANCE. All motions and resolutions offered by delegates must be in writ¬ ing and handed to the Presiding Officer after presentation. Watch Bulletin Board for program of entertainment for Ladies. Monday, July 8, 1935 9:30 A. M. Call to Order. Address of Welcome: Hon. E. C. Johnson, Governor of Colorado. Address of the President: Mr. T. J. Ward, WLAC, Incorporated, Nashville, Tennessee. Mr. Anning S. Prall, Chairman, Federal Communications Com¬ mission, Washington, D. C. Television in America and Europe: Mr. Andrew W. Cruse, Chief, Electrical Division, U. S. Depart¬ ment of Commerce. Report of the Managing Director: Mr. Philip G. Loucks, National Association of Broadcasters, Washington, D. C. Appointment of Committees. Announcements. Adjournment. Monday, July 8, 1935 2:00 P. M. Call to Order: Report of Commercial Committee: Mr. Arthur B. Church. Chairman, Midland Broadcasting Com¬ pany, Kansas City, Missouri. Discussion. Report of Special Committee on Trade Practices: Mr. Alfred J. McCosker, Bamberger Broadcasting Service, Inc., New York, N. Y. • Page 861 •