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competitive factor in the music business. He said, “Some people recently have treated the ASCAP tiger as though it were a pussy cat. I am not fooled. The tiger is purring only because it pays it to purr. If we ever lay down BMI as a weapon, we will soon find that the tiger still has its claws.” The competition which BMI has created must be permanently maintained.”
Discussion was followed by the unanimous adoption of the following resolution:
Whereas Broadcast Music, Inc. has not only attained but has exceeded by far the expectations of the broadcasting industry in creating an alternative source of music; and
Whereas by so doing BMI has opened the door of opportunity to composers and publishers, has prevented the monopolistic con¬ trol of radio by ASCAP as a means of music exploitation and has brought about the attendant benefits of competition, not only for the broadcasting industry but for all music users, and for the public at large; and
Whereas the industry recognizes a continuing obligation to main¬ tain the open door in music;
Now, Therefore, Be it Resolved that this Convention whole¬ heartedly endorses the ideals, accomplishments and purposes of BMI, and reaffirms its obligation to perpetuate BMI in the field of music as a service not only to its own industry but to com¬ posers, other music users, and to the public.
Neville Miller, president of the National Association of Broadcasters, issued the following statement in con¬ nection with the MBS contract with ASCAP;
The NAB cannot agree with the statement of Mutual stock¬ holders that “the music war is over”. The preponderant elements of the broadcasting industry, including many Mutual affiliates, have still not received terms satisfactory to them from ASCAP. Even more important, ASCAP has yet to offer a music licensing )ilan which complies with the terms of the Consent Decree which .ASC.4P signed in the action brought against it by the Govern¬ ment, and which becomes operative on June 1st, Until the prob¬ lem is solved for broadcasters generally, not only with respect to network programs but also with respect to local programs, the N.yB will continue to regard the music problem as a vital one. The music situation, as it affects the industry, will be the subjectmatter of discussion at the Wednesday meeting of the NAB Con¬ vention.
Broadcast Music, Inc. issued the following statement:
There is nothing in the action of Mutual stockholders in ratify¬ ing an ASC,4P contract for network service which in any way affects the future plans of BMI. BMI was, in fact, organized to bring competition into the field of music licensing. BMI will continue to render a full music service not only for the benefit of those stations who are relying chiefly upon its catalogues but also for the benefit of those of its licensees who have ASCAP as well as BMI licenses. Over 95% of Mutual affiliates are BMI licensees. The character of the BMI music service has been demonstrated by the successful use which has been made of it fluring the last four months. During that period such hits as I Hear a Rhapsody, There I Go, You Walk By, My Sister and I, and many others have been taken to the public heart, and have proved that the younger writers of .\merica are rich in talent. BMPs repertory now includes the iiublications of over a hundred publishers wliose catalogues contain in excess of four hundred thousand compositions. BMPs perpetuation as a competitive factor in the field of music is assurefl, and its permanent support from
Mutual stations, from stations on other networks, and from inde¬ pendent stations is established without question.
BMI also announced that all of the stockholders of the Mutual Broadcasting System had individually assured BMI of their con¬ tinued support. This includes, of course, WOR, New York, WGN, Chicago, the Don Lee network of California, the PTnited Broad¬ casting Company of Cleveland, the Yankee Network, and WKRC, Cincinnati. BMI executives expressed their gratification at the unanimous support that they had received at the Convention and at the obvious evidences that had been given of the enthusiasm and loyalty of the industry. “We are stronger than ever before,” said Sydney Kaye, executive vice president.
Wednesday Luncheon
With Chairman Fly at the speakers’ table, Mark Eth¬ ridge made his talk at the Wednesday luncheon. After adjournment of the luncheon had been announced, Neville Aliller was informed that Mr. Fly had desired to reply to Mr. Ethridge. Mr. Miller immediately spoke to Mr. Fly and offered to arrange for Mr. Fly to speak then or any time Wednesday afternoon or any time Thursday. Mr. Fly declined to accept the invitation. Later Wednesday afternoon, a committee of Directors called on Mr. Fly and asked him if he wished to talk at the Thursday luncheon session. Mr. Fly said de did not. Nevertheless, Mr. Fly indicated to newspaper reporters that he had not been given a fair opportunity to reply to Mr. Ethridge and compared the “management” of the Ethridge speech and the consequent unanimous endorsement of the White reso¬ lution to “a dead mackerel in the moonlight” which “both shines and stinks.”
Wednesday Afternoon
Recording standards and daylight saving were discussed at the afternoon session. That evening, other-than-standard-band broadcasting was discussed at a public meet¬ ing.
C. J. Burnside of the Westinghouse Electric and Manufacturing Company presided at the meeting and talked about developments in general. The other speakers were:
Facsimile Broadcasting — Jack DeWitt, Jr., WSM.
Frequency Modulation Broadcasting — Major Edwin H, .Arm¬ strong.
Television Broadcasting — A. H. Morton — National Broadcasting Company.
International Shortwave Broadcasting — .Antonio C. Gonzales, Assistant Director, Latin .American Relations, CBS.
Thursday, May 15
At the business session of the Convention Thursday morning the following limitations on the length of commercial copy in 5, 10 and 25-minute programs were unanimously adopted, effective immediately:
Daytime
Five-minute programs . 2:00
Five-minute news programs 1:45
Ten-minute programs 2:30
Twenty-five minute programs 4:15
440 — May 23, 1941