Variety (Sep 1935)

42 VARIETY M-the-Air Recorders Must Have MPPA license, Says John G. Paine Recorders who msike a business of taking programs off the air have been advised by the Music Publish- ers' Protective Association that their slons of the copyright law and that >.ereafter they must obtain a me- chanical license-. Under the com- > ilsory license provision of the law ^se off-the-alr recordings will be .. .biecL-tolaJ. roxaltt:!©! J.Oer."„^ .tal number per disc. MPPA holds that regardless of whether the recording Is done for placement of the record, on alnother station or for the purpose of keep- ing a perinanent record of the broadcast program the mechanical phase of the law applies. Making of a record of this type without first obtaining a llceinse from the copyright o\yner or his rep, avers the publishers' association, constl tutes an Infringement of the copyr right. In a letter addressed last week to makers of off-the-air recordings, John G. Paine, chalrnian of the MPPA tobard, declared that the pub Ushers In the association have, after studying the situation for some time, decided that they would no longer permit the unauthorized use of their material In these, record- ings. MPPA, he said, wap prepar :ng a proposal for licensing this type of manufacture. ^ Recorders involved are asked by the letter to furnish the MPPA with a complete report of the classes of recording they do, the number of discs they turn out a week, month or year, a:.d whether they are do- ings the work on their own or under CiS)ntract to some person or firm Biggest customers of these oft-the air recorders are ad agencies who *use the discs for spot bookings or for their flies. Talent also ms^kes substantial use of the device to get an idea of how the last broadcast sounded and where there was room for Improvomehti Paine In one paragraph of his let ter outlines a ticklish leg^il question that faces the MPPA In its move to Uoens© the olf-the-air recorders, would appear,' wrote Paine, that thtB license can In the case of mu •<lcai compositions which have been previously recorded, be taken out under what Is known as the com- pulsory license provision, ot the law- The legal aspects of this situation, however, are now being studied, and certainly this compulsory license provision does not apply to those recordings which are made pri- marily for public performance pur- poses, but no right or license can thus be obtained for any musical composition \vhlch has never prior to taking off the radio been used for the manufacture of records. Celeveland, Sept. 17. •MpSv- Edyiho- .ycra.JtfeiiyiaSiw .mOA^ ageress. of Station WJAY, is still Iti the t)0spltal here following a serious major operation. ]But she Is on, the mend. She Is carrying on part of her., sjiatlon' doti\3ff'fr«Jin' "the hoaplt&V" V Mrs. Melrose Mendmg n A D ■ e ASTAIRE'S 2 AND 2 Splitting L-8 Broadcasts to Catch Next Film's Release Wednesday, September 18, 1935' Hollywood, Sept. 17. Fred Astalre's resumption of his Lucky Strike broadcasts, due to start' tl-'Om'here 'this" Saturday 481-)f almost went cold last week, but a compromise agreement has been, reached between the Star's studio (Radio) and the agency (I^ord & Thomas) handling the L-S account. 'Xsitlir^'iWS-eirffB schvduicd for-iwo- airings, but his following pair of appeairancesc go over until Decem- ber. CEW, Windsor, with Canadian Talent Only, in Program-Building Sprint Hal LeRoy for RadSo Collegiate adventures of Harold Teen, well-known cartoon character, being set ■ tot 'auatirdMh-gr. 11< :ft^^^ few weeks with Hal LeRoy In fea-* tured title part. Orchestra knowii . . art 'Professor Prager's Collegians,' Threatened Impasse cropped "Pj ^hlfih Includes several from Leniile throuth afi:>yaffaBnUy' c ause iMmJtoi'S' crW is to provide'^TJe'*- Aatalre:a-^JUtor.gMtra^JLJg!^ah itfualo and comeely t " CBS Holds Off nv on Its Contemplated plans for renewed publicity on CBS's curtailed com- mercial allowables have been shelved for the moment. Previously the web wias understood to be thinking about telling the radio audience once more how Its programs are minus extended plugging, and some spot announcements were written to that effect. But they have not been used, and apparently won't be for some time. .No reason given for be- ing mum on the matter. CB6 feels, however, that Its rules are being observed with proper reverence by sponsors. All com- mercials are being timed and re corded. Such recordings show that advertisers are staying well within the alloted limits, or even duck ap- preciably under. Lady Esther's plugs (on a half hour show) have been running be tween 1:19 and 2:15 minutes In the past month. Lux (on an hour show) runs from 2:26 to 3:37. 'March of Time' (quarter hour) varies be- tween 1:30 and" 2 minutes. Campbell Soup stays within the limits of 2:36 and 3:39 on an hour show. Also appreciably noticeable Is the showmanship sponsors have been using to get the most out of their clipped moments. Dramatized com merciai announcements and tricks of various iclnds are getting to be the vogue. Agencies feel that the sales spiels will thus not only be more palatable to the audience, but will actually get to be IntegrM arid popular parts of the program. about to start on his next.plcture,!^,^,^^ typical college lines. Bruce ■Follow the Fleet,' the ^studio jas U.^.^^^ ^,^ ^^^.jV^ loath to blow the whistle for time jRoger White Productions Is bulld- out for prepara-iion on the broad- gho^,, Roy made film of casts. Hence, the compromise of ^^^^^ Warners, two and two Instead of four In a' row. Also probable that the studio figures that In December 'Fleet* will be apprbachlng release time and that Astalre can again take the Irving Berlin score and bounce it over the country In advance of the film, as in I the case of 'Top H9.t.' Monte Hackett, of the L&S agen- cy, flew here from New York ta su- pervise production tor the two As- talre broadcasts (21-28). With Hackett are Gregg Williamson, who produces the Astalre shows, and C. Hi Nathan, the former's assistant; Hackett will return east over the weekend. Roosevelt's Son May Join Anner Regional Net ESSO-NE-UP. DEAL ON NEWS standard Oil of New Jersey (-Esse) has bought the news broad- casts on all NBC owned and operat- ed stations east of the Mississippi, with the contract calling for four- five-mlnute periods a day every day in the week but Sunday. Deal, which becomes effective Oct. 7, will have NfBC using United Press for the first time on the network, and Is for a minimum of 13 weeks. Stations In the hookup will be WEAF, WJZ, New York', WBZ- WBZA. Boston-Sprlhgfleld; WGY. Schenectady; KDKA, Pittsburgh, Elliott Roosevelt may Join the Southwest Network in an executive capacity. Report that the Presi- dent's son would soon switch his vocational Interest from aviation to broadcasting developed last week following the visit to New York of Lee Armer, head of the Texas regional; While In New York Armer dis cussed the matter of appointing a personal sales rep for this city to take the places of Johh Blair & Co which severs Its connection with the Southwest system Sept. 30, SCHENLEY OFF WHN; ORIGINAL AMS STAY WMCA REVIVES DEPT. FOR WOMEN'S SHOWS PAR DICKERING FOR 'ONE MAN'S FAMILY' t\'^MCA. New, York, which called o.'"f Its regular women's depajrtment last spring, is reviving It on a new femme series presented by Helen Leighton. She'll be heard six times weekly starting next week, with two of the days sponsored commercially. Cardinal LaboratoHes have signed for a series of 13 programs, Mon- day and Thursdays, using par- ticipating shots. Bargains for the woman buyer are to be stressed. Blackett-Sample-Hummert, Inc;, handling the C. L. account. Hollywood, Sept. 17. Paramount, which already has the screen rights to the Jimmy Al- len radio serial. Is on the fire for anotiier; hopes to grab the screen rights for 'One Man's Family.' Latter has risen from an obscure one station broadcast emanating from San Francisco to one of the leading script serials on the air, be- ing broadcast by NBC. Under reputed pressure from the government's informal soft pedal order on hard liquor advertising on the ialr, Scheriley Products wlth- and WMAL, Washington," with the I ^raws Oct. 8 as sponsor of the periods of broadcast coming around weekly Jay C. Fllppen amateur iahow 8:30 a.m., 12 noon, 6:30 p.m; and 11 on WHN, New York, p.m. These same spots are now be- schenley has been one of the New i rig used by the network to dear the ydrk Indle station's principal adver- Press-Radlo bulletins. Users. WHN Intends to maintain With the purchase of the UP the Fllppen program with or wlth- servtcc, NBC has put the final burial touches to the Press-Radio agreement. Understanding Is that it win not use the PrR sei-vlce for tho network at regular periods. NBC will continue as a member of the PressrRadlo bureau, paying, the fees for each of the stations It owns and operates and resorting to the P-R service for Important news fiashes to be broadcast on a sustaining basis. out another sponsor. ANNUAL DECISION Myrt arid Marge Back Again for Wrigleys Alice O'Leary Sues Boston, Sept. 17. Alice O'Leary, one of the best known radio singers in this terrl tory (Yankee Network),. has filed a petition for divorce against. Ar vJ^hur J. O'Leary of Medford, Mass., in Middlesex Probate Court, Cam bridge. Charge: 'intoxication.' Mrs. O'Leary, tentatively gets custody .of two small children and a slight allowance of support money. McCosker Returns Alfred J. McCosker, president of Bamiierger Broadcastirig Service and MBS chairman, returned last Thursday on the Lafayettt, after month's vacation In Europe, In Lbhdoh, he visited Sir. John llelth, managing chief of BBC and also crossed over to Paris for short Inspection of stations there Paderewski Postpones Igncitz Paderewski's air date scheduled for Oct. 12 over NBC is off due to pianist's illness In Switz- erland." Network negotiating for a future date as soon as possible. Pollsli pianist has been a radio holdout from start. Paid Talent May Not Compete for Texaco Cincinnati, Sept. IT. Talent on the payroll of WLW was not per itted to compete In the Texaco 'open voice* auditions conducted at that station for four days, ending Sunday (16), by order of John L. Ciark, gen; mgr. of the Croisley super. Trials were supervised by A. J. O'Connor of the' Hanff Metzger agency. There, were 300 contestants. Chicago, Sept. 17. As had been generally expected, Wrlgley will bring the 'Myrt and Marge' script.<back to the Columbia spread with the start of the winter season. Each summer when 'Myrt and Marge' goes out there is talk of a replacement show in the fall. When autumn rolls around, however, Wrlg ley officials seem to figure that, after all, the 'Myrt and Marge' name Is still pretty big and something too valuable to toss out Into the alley. Baker Campaignhig Would End Transcription Chisel Efforts Impend to Eliminate Dubious Prac- tices in Wax Industry , Latest element In radio to. under- take the establishment of standai'ds and a code for their business are the territorial distributors of tran- scription services. Tervltorial go- betweens figure on .working out a set of selling conditions which will bind theni all In operating foi' indiie transcription manufacturei's. Initial task of the distvlbs Is to pledge themselves against poaching on the other . fellow's preserves. Next move will be to draw up for submission to ttie Indie disc makers a standard representation contract, stating that the standard commis- sion Is to be 26%, that the manu- facturer will supply so many audi- tion samples and underwrite such- and-such percentage of the rhoney spent in promotion and advertising. Moving spirits behind the stan- dardization Idea declare that it has been actuated by a tendency among some of the Indie transcription manufacturers to finagle the agents out of their commissions and to worm out of paying the full stip- ulated cut by playing one dlstrlb against the other. Muscatine, la., Sept. 17. Norman Baker, operator of XENT, Nuevo Laredo, Mexico, and recently denied a permit to operate a radio, station here, has concluded a number of open air talks here In the Interests of a proposal to re- establish his cancer treatment hos pltal and air station In Muscatine" county. Special reproduction equipment was used to tout former patients treatment five years ago and to gain testimonials which. may be used to barrage the Federal Com municatipns commission to allow Balfer leeway to get an air lane In Iowa again. By Pete Wemhoff Petroi.t.;Sept,.17... Question oif What CKtW, Wind- sor, will do when It switches from .C:toluraJ2te,J:D.JJi;i;Hal<,nei..Sept.ia.l5M, been settled. Haying lost Its De- troit stud.'j through orders of the Federal Radio Commlsslpn and forced ; by Canada to use only Ca.- ■nac^laii ■ taiet^t; GKLW >*«w.bee& -a-r^ fe nlgm a since It was ann ounce d this _ summer that WSlTwourrtalce over' the CBS and WXTZ would become the local outlet for NBC. Ontario station switcljed to Mutual, which will feed only 40 hours a week oC sustaining and commercial programs here., Under this arrangiement, CKLW will be forced tp produce from 60 to 70 hours weekly of its own prdi^rams, "■hlch Is more than double its pr' sent outlay. ow the station will do this, with only Car nadlari talent available, was leiarned today. Burden has been placed on Stan- ley Swltzer, who has been raised to program director. He formerly was In that capailty only for CRCW, which brci.-leasts CKLW's stuff to Canada. Staff artists so far lined up In- clude Miss Dell Adams, contralto; a girls' trio, 'Three Maids of Har- mony'; Wellington Siitton, tenor; Joe Gentile, who will give a 'Happy Joe' program evei*y morning and turn sportscaster In the evening; Ted Smith, a tenor who has ia. piano and solo act; and a male quartet, 'The Four Re.dcoats.' A staff pianist and an organist, hot yet slgnc-d up, also will be in- cluded. The new 12-plece ork Is Joe Doakes.' New Program Sustaining programs so far set up are 'Btcetra,' a variety revue with ork, mc, comics and singing acts, one hour e .fh Thursday evening; 'News and Notes,' nightly, featur- ing orlt and guest soloists; and a transcription of Dick Tracy. Shows CKLW will receive from WLW and WGN Include 'Crosley Follies,' Music Box, Grandstand Thrills, Crime Trials, HeyWopd Broun, Sln- fonietta, rnd Siberia Singers. When the setup ct-n be worited out satisfactorily, CKLW expects to feed several programs to the net. Tiniest the Federal Radio Coni- mlsslon, at its Oct. 24 hearing, per- mits CKLW to broadcast at least its Mutual programs in the Detroit studio, the station Intends to aban- don entirely Its offices and closed studio In the Guaranty Trust Build- ing. All business would then be transacted from the offices across the Detroit rtv^r In Windsor. The personnel of the station now lines up as follows: George Storer, president; J. Harold Ryan, vice- president and general manager; Ste-phen Douglas, traffic and produc- tion manager; Herbert Gilleland, promotion and publicity director; T. E. Cami au, commercial manager of the Windsor offices; Arch Shawd, commercial manager of the Detroit offices. Announcers,' staff consists of John Stinson, Wallace Ford, Bruce Ham- ilton, Charles Lane, Stephen Doug- las, and Stanley Swltzer. Until a full schedule can be Worked out, CKLW will use a lot of the World Broadcasting System service transcriptions to fill In. United Press will continue to pro- vide the station with complete news coverage, which Is used six times dally for five minutes each. Thompson leaves WCKY, Cincinnati, Sept. 17. Maurice Thompson takes leave as studio program director of WCKY Friday (20) to Joint WJDX, Jack- son, Miss,, in a slnillar capacity and to double as vocal director of a col- lege In that town. - He Joined WGKT In 1929, shortly atfer Its opening, as baritone and announcer. George Enzinger Out Chicago, Sept. 17. George Enzlger Is no longer wll;h the agency of Morris, Windmuller and Enzlger. This l,eaveB only Philip Morris as the trio wliich started the agency about a year ago. Joining the new setup are B. W. Schenker and S. M. Roth, formei:ly of Schenker-Roth, inc. Fred Allen 3crams East Fred Allen, with Portland Hoffa, leave the Coast early next week for N. T. to begin rehearsals on their new series over WEAF, which starts Oct. 2. Peter Van Stiaeden's music, plus a 'melo-dramatlc' com- pany, lined up for the suppiortlng cast. Ipatia and Sal- Ing.