Variety (Aug 1939)

80 VARIETY RADIO Wednesdajf August 2, 1939 DELAY tOMPROMISF BILL ON COPYRIGHT; RADIO INDUSTRY BALKS AT CLAUSES Book Publishers, Motion Pictures, Printing Trades Had Been Willing to Accept—State Department Chafes at Many Postponements Washington, Aug. 1. Further overhauling of the 'com- promise' bill to bring the copyright laws up to date is due during the re- cess of Congress, with the long- pending International Copyright Convention shelved until the 1940 session of Congress. In the face of State Department pressure, senate leaders last week agreed to defer consideration of the Rome conven- tion again, pending another eflort to revise the U. S. statute. At the same time, leaders of the movement to enact a ^modern' law laid plans for hearings, probably in both the house and senate, early in January with passage of legislation hoped for by next March. Objections of the radio Industry to various features of the compromise measure have infuriated numerous other groups who felt the path was clear for speedy consideration of badly-needed legislation. According to information given members of Congress, the bulk of the radio in- dustry was satisfied and ready to go along, but within the past couple of weeks strong objections have been niade, wUh NAD submitting a 17- page statement listing provisions deemed unfair and unworkable. Next Stepg The presart plan, is to refer the measure to various interested Fed- eral agencies—the Library of Con- gress, Justice Department, State Departmient, etc.—in the hope they can straighten out some of the chief difficulties before Congress comes back in January. Then It is hoped Patents Committees In both branch- es can hold quick hearings, getting the legislation on the floor before congestion occurs. As things stand, the bill on the whole is acceptable to everybody but radio, although none of the other parties are thoroughly happy. The book publishers, printing trades, film Industry, and American Society of Composers, Authors and Publishers are represented as will- ing to go along, but as having made all the concessions they can be ex- pected to make. If broadcasters were satisfied, the road would be smooth. The treaty angle is important. Though many groups have protested subscribing to the International Con- vention until the law is revised, the Stale Department is insistent upon ratification. Only a promise to ex- pedite legislation next year blocked a vote in the senate this season. Despite conflicts with the present law, polls indicated the pact would have been approved by a substan- tial margin. With ratification of the Conven- tion only a question of time, organ- ized labor, for one, is especially anxious to have protection against imports and sore because NAB and the chains, after indicating they were ready to subscribe to the com- promise bill, have balked at the last minutC; Although it has many foes, the performing rights society (ASCAP) also has some strategic ally-placed friends, who in 'past years have been able to filibuster or otherwise head oft any measures which displeased Tin Pan Alley, The same is true now, although to a lesser extent, so that if ASCAP wants the compromise measure and the printing trades, publishers, and other groups string along fast action is likely. War of Memoranda What is deemed a State Depart- ment move to bring about acceptance of the Treaty without further delay, has just come to view. A Senate document, sponsored by Senator Carl Hay den (Democrat) of Arizona, con- taining 'memoranda regarding prob- able effects on the printing industry of adoption of the copyright conven- tion,' was circulated last week in the hope of breaking the deadlock be- fore adjournment. Although author- ship was not disclosed, the arguments were attributed to the diplomats. Many factual errors have been dis- covered, while the entire document is filled with suppositions and con- jectures, Designed as an answer to another unidentified memo express- ing reasons why the pact should not be ratified. Ths broadcast<>r« hav* renewed their attack against minimiun dam- age awards, although it has been un- derstood most of the radio industry, notably the networks, were agree- able to the hew formula for punish- ing infringers. Compromise bill would lower the $250 penalty to $150 in the case of unauthorized perform- ances of music, limiting the liability for a network on any single infringe- ment to $2,000. In its long discussion and analysis of the'bill, the NAB has found fault with several points in this part of the proposed legislation. Comparing the suggested measure with the present act, the trade body complained: 'The proposed bill, however, makes the $150 minimum manda- tory for each performance, whether Initial or subsequent, so that if there were 25 performances of the same work by the same broadcast- ing station, under the proposed bill the minimum which the court could grant would be $3,750 instead of $250 as under the act of 1909. Obviously this is not a reduction, but ah unwarranted increase of an already onerous penalty ...' Changes in the clauses covering assignment of copyright are equally distasteful to NAB. Pointing par- ticularly to the idea of permitting oral assignment, the broadcasters said it would be difficult in many situations to trace the chain of title. Although a written license is ob- tained, the performing rights society often cannot indemnify the broad- caster. Antomatie Copyright Automatic copyright of spoken words is another phase which drew fire. Particularly in the case of speeches, stations would be liable to suit by numerous individuals whose words were quoted by other micro- phonists. Difficulty could be ex- pected with regard to the interpo- lation of masters of ceremonies and orchestra leaders. The position of the broadcasters is much the same as on the bill re- cently offered by Senator Burton K. Wheeler providing for clearance at the source. Chains particularly want to have "performance' clarified so that no matter how many out- lets air a particular number at the same time there is only one possibil- ity of infringement. With Congress passing the buck until next year, attention in the im- mediate future will be centered on the Justice Department. While At- torney General Murphy Thursday (27) disclaimed all knowledge—de- Off-Duty Gabbing Little Rock, Ark., Aug. 1. In connection with the Colo- nial Baking Co; sponsorship of Little Rock Travelers Baseball Games, Benny Craig, KARK sports announcer, has been rid- ing the Colonial trucks with the drivers, selling bakery goods. Stunt makes a big hit with gro- cerymen who are for the most part baseball fans and who en- joy talking over the sport with Craig. Attired in a regulation Colo- nial uniform, announcer will continue to ride the trucks throughout the baseball season. 1,500 Kids in Radio Chib Held Sat. A. M.; Population 12,500 Clovis, N. Mex., Aug. 1. Big Brother program on KICA has attained a club membership of 1,500 youngsters in this town of 12,500 i population. Half hour broadcast is' held every Saturday morning at local theatre and is cooperatively sponsored by Piggly Wiggly, Dr. Pepper and Costley's Bakers, who also give prizes in contests conduct- ed for benefit of . members. Program is in the form of an ama- teur hour. Chain Income from Time Sales i — NBC 1939 1931 1937 1936 January v $4,033,900 $3,793,516 $3,541,999 $2,681,815 February 3,748.695 3,498,053 3,295,782 2,714,300 March 4,170.856 3.806,831 3,614,283 3,037,883 April 3,560.984 3,310,565 3^77337 2,741,928 May 3,702,102 3,414,200 3,214,819 2,561,720 June 3,382.404 3,200,509 3,003,287 2,323,450 July 3,283,555 2,958,710 2,707,450 2.429.983 Total $25,882,492 $23:982,384 $22,655,457 $18,491,085 CBS 1939 1938 1937 1936 January $2,674,057 $2,879,945 $2,378,620 $1,901,023 February 2,541,542 2,660,334 2,264,317 1,909,146 March 2,925,684 3,034,317 2,559,716 1,172,382 April 2,854,026 2,424,180 2,563,470 1,950,939 May 3,063,329 2.442,283 2,560,558 1,749,517 June 2,860484 2,121,495 2,476,567 1,502,763 July 2,311,953 1,367,357 1,988,412 1,292,775 ToUr $19,264,926 $16,949,912 $16,791,677 $12,478,550 MUTUAL 1939 1938 1937 January $315,078 $269,894 $213,748 February 276,605 253,250 231,286 March 300,976 232,877 247,421 April 202,626 189,545 200,134 May 234,704 194.201 154,633 June 228,186 202,412 117,388 July 216,583 167,108 84,362 Total $1,840,818 $1,509,287 $1,100,381 ED EAST IN THEATRES FOR CEL-RAY STUNT Ed East. m.c. of the Cel-Ray spon- sored 'Name It and Take It' program on the NBC-Blue Friday afternoons, will be sent through 40 theatres in the New York area doing duplica- tions of his broadcast. Set to start Aug. 7 at an unnamed theatre. East will cover eight theatres weekly, working only Monday to Thursday and doing two shows daily. Cel-Ray also sponsors Benay Venuta, whose WOR, N. Y., program is done from the stage of- the Brooklyn "Para- mount theatre each Monday. spite apparently authoritative re- ports he had issued instructions to go ahead—revival of the Federal suit against ASCAP was in progress. Four years of inactivity. has ended with appointment of Robert M. Cooper, special assistant to the At- torney General, to bring the dust- covered records up to date in antici- pation of move to resume trial in October. OPERA DILUTED Union oil Hears Maria Chamlee Sing-Talk Oper» Hollywood, Aug. 1. Mario Chamlee is auditioning 'Car- men' for new Union Oil-CBS airer. John Slott is scripting prospective, opera series which would stress dra- matic reading of lines instead of pure singing except in the heavy arias. Music by Thomas F'eluso's orches- tra. Carl Stanton of Lord Sc Thomas is producing audition during his summer layoff from Bob Hope show, which resumes Sept. 26. Felix Adams to KMBC Kansas City. Aug. 1. Felix Adams today joined Arthur Church's KMBC here as program director. He comes from WLW, Cin- cinnati, where he produced the Ren- fro Valley Barn dance program and other WLW originations. Adams has been with WLW, lat- terly as assistant to Owen Vinson, the program director, since 1931 with two brief absences. Paswell's Gollder Hollywood. Aug. 1. Charles Paswell is writing scripts for the new Gulf Screen Guild show. Airer returns to the lanes in the fall. Census, By Present Plan, Will 'Sample' But Not Fully Check Set Ownership Washington, Aug. 1. I Inter-industry feud seems likely to prevent a complete count of the na- tion's radio receivers — a check which many statisticians and the FCC feel to be imperative to throw light on the potential audience. Latest plans of the Census Bureau for the 1940 decennial npse-coUnt are to take nothing more than samples and then estimate the total sets in use. " Idea of testing here and there and projecting an over-all figure was re- vealed Thursday (27) in announce- ment about the trial canvass to be made in two Indiana counties, Mar- shall and St. Joseph. (Only import- ant city in either is South Bend, col lege town.) Disregarding pleas from several sources, the Commerce Department executives have decided against find- ing out which households have re- ceivers, how many, and how much they are used. In ac'dition to the FCC, which wants comprehensive figures for guidance in framing allo- ciition formulas and in acting on in- dividual applications, the NAB, Radio Manufacturers Association, and Army wished to have a thorough check made, particularly since it would be so costly to conduct a sep- arate study. Present program—still subject to revision when reports from the field tests come in—is to. ask only every tenth family 'Does this household have a radio set' By figuring the averages, the Censur Bureau experts then will conjecture the whole num- ber of receivers in the country. Fear? Disagreement within the radio In- dustry, plus enthusiasm of the Com- merce Department technicians for the sampling method, is held respon- sible for failure to ask every indi- vidual about his radio habits. While most of the broad-jsters would relish a thorough report, some fac- tions who have made out elaborate surveys and doped out the probable audience, fear their figures would be discredited. If they can be converted I or shown a face-saver, it still may ' be possible to sell the Census Bureau on the idea, particularly since it is unlikdly another opportunity will be presented until thj 1950 bell-ringing As it stands, the industry and the FCC rely on guesses. Stations' audi ence figures are based on various counts—those of tha networks, pri. vate statistical groups, and particu^ larly estimates of the Joint Commit- tee on Radio Research—while the Commish relies, on totals offered by the industry. Need for exact info has been demonstrated in the past couple of years, particularly during the wrangle over cle^r channels. Contention of the 50 kw operators, that their service should not be in- terfered with for fear of hurting scads of dialers in the sticks, could not be measured with accuracy be- cause there was no reliable numeri- cal yardstick. , Army's Motive Sampling method may be satisfac- tory under some conditions, statisti- cians agree, but in regard to radio it is deficient beyond doubt. Tht Army, for instance, wants to know as closely as possible how many indi- viduals could receive mobilization warnings and so forth. In metropol- itan areas, particularly' since resi- dents of different neighborhoods tend to be more or less of the same economic class, a check of every 10th home might produce useful results. But in the villages and rural sectors the conclusions are liable to be very misleading. Effort to convince the Commerce Department that the radio set ques- tion should go on every blank is continuing. Likely the FCC will ad- dress another formal request to Sec-r retary Hopkins and may even enlist tha support ot the Whit* House. Outlook is discouraging, however. CBS69%UP;NBe, MBS ALSO ZIPPY The story of network radio as told in monthly chapters by the gross billings -of NBC, CBS and Mutual continues to be bullish reading. July was 11% ahead of 1938 for the two NBC loops, red and blue, considered as . one. (Blue will be percentaged separately after October of this year.) Columbia is likewise enjoying prosperity and! Mutual exults in its 15th consecutive month of improve- ment over the same month a year, back. July is 20.6% over 1938's lik* period, for example. Columbia's as- cent into the stratosphere represents 89% above July of last year, or nearly $1,000,000 more. The seven- month spurt is 13.7%. NBC for the seven-month period ot this year is 7.9% ahead of 1938 with a tally of $25,882,492 compared to $23,982,384. This is achieved by the red accounts counting up to $2,601,696 and the blue accounts to $681,859. Bea Wain to Lnckies Bea Wain replaces Kay Lorraine on the Lucky Strike Hit Parade, Saturday night CBS show, Aug. 19. It's the second change in the pro- gram in two weeks, Merry Macs quartet replacing Raymond Scott's Quintet this Saturday (5). Frank Cooper of Rockwell set Miss Wain. Singer does a guest on the RCA Magic Key Aug. 14. She's been fill- ing such guesters and making the- atre appearances since dropping out as vocalist with the Larry - Clinton orchestra. Pasternak May Pinch-Hit Chicago, Aug. 1. Josef Pasternak is likely to be signed by Carnation for a minimum of three broadcasts as summer guest conductor, through Erwin-Wasty agency. Marek Weber regular maestro. Sam Fuller to Y&R Young & Rubicam has added Samuel Fuller to its radio production staff in New York. He's from WLW, Kastor, KDKA and a hot piano. John Kettlewell at Seeds Chicago. Aug. 1. John Kettlewell. former station repper, has joined the Russel M. Seeds agency. Officially tagged as new bli con- tact.