Variety (Aug 1940)

Wediitstlay, Augiist 7, 1940 RADIO 29 j;udge Grants Right : to Re - draft Suit Against W?AL arid Biow •/ ;Sujt of the Amei-icaii ]Bi;oadc?i?Un2 Co-i. operator'. of . WOL, Washington, agajrist T^e Wahl. Go., owner of the. Wahl Everlsharp ' Pencil; and: the /Bi6w Agericy, wais disnlissed Wfedhies-, day <31)i by " N. Y. federal Judge , John W/ Clancy, with: leave |or. the ..plaintiff,. to ■. amend its.; suit,' The J^^udge "declared.. ;\that the plaintiff fihouid-^ separately state .e^ich cause of actibn, since the .cpmpiairit . as it. stands now makes it hripossible to. judge the : n1,ei:its of the action or .theVcr>iticiSrn.of:'it.:' ' Action,' sought damages.;for alleged infringennejit of copyright,. and ah injunction against; the :program, "]*ake It Or. Leave It,', broadcast oyer GBS on Sundays at 10. p.nri;. If is riiHeged that Dee, 11,1939, the ■plaihtif? acquired a new 'quiz program called ■ fDouble : ; Nqthingi' ■ The WiiUato: Morris Aigeney w^ authorised (to seir the progrianri; . but on .March. 4" it was learned the - defendants wer^e ' coAtemplating putting. on ■ :a similar program, and . were warned ;61 the' attempted inf ringemen t, : A .deal was • set up with Riissei M. Seeds Co., ;on .hehalf of: Brown & " Willianrison^ Tp-' baccp Co,, for the sale'of the pro- ;gram.' '-. -.:Y- ;•' ■ . .'.'On. April l-, the. plain'ti'ff acquire.d a similar program entitled. 'Take it Or Leave It* from. Paul Cohra^^^^^ seht'oiit simiiar warnings, '.pti April 21, defehdants' started broadcjistirig .oyer WAi3C arid oh .May 1, Ru'ssel iWt. Seeds cancelled the plaintiffs! op- tiojii claiming the' programs were' identical. - . On Jiuife. 1 ." Seeds started ■ sponsorshijp' •of ^Saturday- ; Night Party' pvet.. the , Pacific Coast net- •work; leaving the plaintiffs' program out ih: the cold.. The deal with Seeds called for a ■.trial ot. 1.3 weeks at $75.0, then. 26 weeks at $lv25d and successive jumps to ^2,000 weekly and ah- option for a yearls. renewal at. that figure* The total amount or $240,500 is sued for, as it is claimed the entire deial would have! gone though if the alleged in- fringement had not been forthcorii- ing, r --': NEEDLING AROUND U. S. A. Nancy Orey Stalks Ceicbs Through^ out the Country . . ■• ':'. Milw^^ . Nancy .Grey, -femme com.nientatbr of . WTMJ, accompanied by her port- ■ able recprdihg machine, is b(i ron gri- ! other trip to, the ^ Pacific coast. for material for daily broadcasts. ■ .i)iscs are: airmailed back to studio daily so prpgraim^.is .. heard at .reguiar , tinie each fnofhlng,-- A trial trip, last .wiri-^ ter was so successful, both from lis-, tener and .cpmm:ercial standpoints, that .she. is now doing, an. encore., Going through dolorado, she has lined up interviews "of singers. John^ Carter, Josephine Antbine and Philip D.uey; alsP Dr.- ■ Lloyd Sh'awV dance coach and folklore- authprity, and Bpris: Annisfield, Russian arti.'^t. ^ In; Holly Wood: she talks withWalt Disr ney;then ■.goes, ' to, ahhual - fiesta in Santa Barbara, Yos^.mite, .Sah .Fran- clscp ahd Sacramento. .': V FRED BATE PRAISES BRITISH NEWS SETUP Exantinatioh Before Trial In Meredith Blake vs. G BS ...; Meredith Blake of the :Hotel Lin- coln, N. V.,; will be examined before trial by attorneys for Jack Teagar-. deh; ih conhecUon :With. Charles Bal- cpff's' suit against Teagarden ahd GBS; - Inc. :The examinatioh will take place Aug. 13. Balcof? claims infringement, by playing, of • his copyrighted song, •Darling You Weren't There,* writ- ten in 1939. in a broadcast over CBS May 14, 1939, by Teagarden. An injunction and damages of $5,000 are sought, " Miss Blake is currently with Gray Gordon's band at the Hotel Edison, N: Y, FCC's Sudden Okay Of Two Upstate New York Stations Is a Surprise Syracuse, .Aug. 6., Northern New York, which .had just about given up hope on ever getting a radio putlet of its own, siid- dehly found itself with two: permits from the FCC, both issued to Water- town groups, ; After five years of deliberation, during whTth a license was granted a third Watertown concern, Black River Broadcasts, Inc., the FCC de- cision granting permits .- to •-: the Brockway Company", publishers of the. Watertown. Daily Times, and to the Watertown Broadcasting Corp.. came as a complete surprise. The Black River Broadcasts, Ihc, permit, was withdrawn about two-year.s ago afterj^ the company had gone .so far as to erect an antenna tower atop a Watertown building. The Brockway Company ha.s asked permission to operate .500-watter on: a ,1,270-kilo frequency, daytime only," Officers are headed by. Harold B. Johnson, editor and publisher of the. ^atertown Times,^ ...• The Watertown Broadcasting Corp, sought a .250-vtratter, 1.210 kilos, for unlimited time. Dean R. Richardson is listed as president. G. Harry Righter, treasurer,' and Briice F. Gamage, secretary. What role Black River Broadcasts, Inc.; will play ih the present picture is unknown; "Harry A. Wise, chair- man of the Jefferson County Repub- lican Committee, was listed as pres- ident, with Samuel H. Cook, presi- dent of Central New York Broad- cast Corp., operator of WFBL In Syracuse, as vice-president. Fred Bate, NBC's chief London corre.sppndentt declnred. in a recent trahsal.lantjc that 'hp airrangerrient could be niorie satisfactory' than the one in which, broadcasts for America are handled under English;' censpr- ship, . ■ Bate explained that a censor i.s 'right in. the studio''when. miking takes place; that, he ii. theVe to fa- cilitate last minute script changes and addenda, as well as to monitor. ; A direct■ line gives him" instant con- tact with defense authorities. In case any question arises between brpad- caster and censor,, 'the latter can reach: defense official,s and obtain a 'prompt greeh light or red light pn the mppt ppi,nt. Bate said the one thing British authdri'ties. ■ feared—'I do hot agree with them, l?ut. I ;ahi prejudiced in.this instance'—was that a broadcaster might 'get excited' on' a spot desbription' of an air battle, for .instahce, and unwittingly reveal defense infornriation. ': . Bate remarked that 'there are sev- eral around here'. whom, he . felt, could be trusted to mike 'under any cu'civrhstance,.. without the ' slightest risk, of :disclpsihg. defense informa- tibn.' , NBC man explained how he and his staff; functioned, 'niehtiohed that one air raid alarm—the only one —caused him to move quarters 100 .j'ards, and gave other interesti.hg.'de- tails of :^brpadcastihg -ih. a bellig country: ' : in Why Programs Are Popular Gan*t Be Told in Per- centages/ Karol Reminds Ad Clubbers .San Francisco, Aug.. 6.; Ten years of survey research still haven't.answered the question 'What makes a radi pi'pgram; popular?' John J. Karol, market research coun- .sel for CBS tpld ,San-Fr^hciscp Ad Clubbers. at therr meeting ih Palace hotel (31), . Reminiscing en his decade in. statistical .radio,. Karol pointed out that the time pf day has 'THAT NEW-STATION' WBZ New .Biast Causes Rumors .in :: New' Bedford, Mass. .-' Nevi^ Bedford, Mass., Aug. 6.. Switch in transmitter of WBZ, Boston, froni Millis tp Hull,^ startled radio listeners in southeastern Mass., who didn't happen: to catch dedica- :tiph program Saturday night (27) and who were otherwise unaware of transmitter change, WBZ now blitz- kriegs into local loudspeakers where- as before change station co.uld hard-^ ly be heard hereabouts. Frequent comment on New.-Bed- ford, streets Sunday: (28) was:.. Tm gettirig a new. station in Bos- toh that just started broadcasting to- day.':.: ■ ■ ':. .; To Plot Your Course for More Sales Per Advertising Dollar! ■ NASHVIL-tE-.r TffgNnsSE Same Rates Biir New o Discount Plan at WLW Cincinnati, Aug. 6, WLW's new rate card, effective Aug. 15, does not change the 50,000- Nyatter's rates, but alters the method of computing- discpunts.' -Thus far discounts have been on. a weekly •value b predicated oii] the amount pf money spent.: Under the hew set-up the discounts will be computed on the volume of time used. •. ■■- . ■ Bob Duhyille, WLW general sales manager, is distributing the new rate card tp agencies and clients this^ week, H. P. Hood on WEEI WSM DOESN'T COST ..;. IT PAYS ! Owned and Operated by the National Life 4, Accident Ins. Co., Inc. KHtlnniil |{4>|>reNonlutlT«H, Edward retry & Co., Inc. Boston, Aug. 6, .: H, P, Hood Dairies is sponsoring 'The Yankee Swapper' over WEEI, Boston, It's an adaptation to radio of Robb Sagendorph's Idea which has been operating under. the same title via the magazine route from Dublin, New Hampshire. Latter does not appear oh shpw but han- dles all mail, etc. . j.. •;'; ^ . Prize goes to 'T'bp'Svwip of Week;' & Witt to 250-Walter Compelilor (Thomas) in Bridgeport ' -Bridgeport, Aiigi 6/ : Federal Compiuriicatioos Commis- Si.bh has granted permit, and Harold Thomas, owner of WATR, Water- bury, aniJ WBRK, Pittsfield; Mass., now goes, ahead with plah.<? for fiill time 250-watt ' 1.420-kilocycler in Bridgeport..: . New:: .«:tatton wi 11: be Bridgepprt's second, other being John Shepard 3d's WICG, which is alsp ih'.New.-Haven. .. '.--' " Thomas, ■who:yi^ill operate without network-affiliation!; 'becomps Gphnec- t J cut's first proprietbx. of t\y.p brpad-. casters. .-. : Thomas station . is No/ 10 for Con^ necticut. : little to do with .•p6.«:.sible audiehc* rating. 'Program.s can build up total listenihg. alidiehce • .'at almo.'^t . any reasonable. hour,'; researcher . stated, 'interesting . examples being King ■■ Edward's -.Abdicatibh- Speech which had a C.A.B., ■ rating of 45.0 at : 5 I o'clock -in the : afternoon. ;and the President's Idagger',;. speech which rated 45.5.' Higliest rating ph record, ad men : were told, was ean-ied by Lpuis-Schmelling fight ' 1938 with score of 63.6. C/.-^ ■.: :.■.:- .,.-. . Added that audience' rating , wIrs ; not hecessarily "a-, sellin'g rating howeyer, some .shows, raining gold- despite, lower-bripicket. pegging. -. Karpl asked audience if it could recall program toppers of '30,. then named Amos |h' Andy, Squibb with Wi^ Rpgers, Fleischhia^^ with Rudy Vallee,. ■ Palmolive Hour. Col 1 ier's program,. Floyd Gibbohs.:fpr ,General'' j Electric, Don Vporhees for General I Motors, B,: A. Rolfe'is. Luck.v Strike. , hour, Eveready. hour, Real Folks, i Maxwell House, Cities Service, At-: , \yater Keht,.Arnistrong-Corlc,;..A P Gypsies, Cliquot Club Eskimos and Jones and Hare for' Interwoven. Only iy/o shows still Survive,; Amos *n' Andy -and ..Cities\.Seryice,:; thar; latter now trimmed ; by. half. Sev- ' eral : spohsbrs still airing . but ■with hew talent. -';'.' ' Average family •. now spends $30 year on radio, Karol said, figur« cpvering sets/ parts :and juice.. thtii luslvd servn months WCCO's Shortwave Stunt Minneapolis,, Aug. 6. :; ■ Federal Communications Commis- .<;ioh granted WCCO here a 'special; frequency for ian airplane, broadcast of" local . Aquatennial... celebration night features, Wi'th the calMetters WMPIP, Ciellan Card, WCCO an- nouncer, described lighting arid car- nival festivities.'from. a 21-passenger twiri-mptpred Douglas' provided . by Nprthwest Airlines. .' , In order to.avoid any interference with regular aviatipn communication ! the short'wave . frequency of 2,790 Ikilocycles . was assigned . . for the 'r broadcast;"which w'a.s'. picked .up. by i WCCO and relayed overi'the r,egular •wave length. .- -- '.'..'■ ■ Brother Act at WCKY -4Cihciflnatl^LAufii.uA • With departure of Lee B fPr Youngst6wh, O., tp, become program directpr pf. WFMJ, WCKY has en- gaged Bernard J. Johnson, formerly of .'WSQY, Decatur,- 111,, a-s^announccr. .. He teamed.'up .with hi.5"brether. Al Blahd, on the .station's. Morn Patrol .eye-o.p'cher shpvir,;:,' %3om€ time agfo," writes a lady from Bootbbay^ Maine, '7 heard an advertisement over WEEK Where can J buy the product jwiw?^' **Some iiiTie ago" is right! Seven biontlis ago to be exact! At five minutes before seven in tb© morning! ! And 151 miles from WEEI! ! ! 'Almost five million people, like the lady from Boolhbay, live in WEEFs primary area. T'i'lien tbey listen to WEEI^ they really listen. And seven minutes or, seven months later when tbey buy, they remember. WEEI-landers like WEEI's full CBS schedule, its.local programming, its New England point- bf-v|eu%'Their^accepfance and 1^ ate the inlangibles that turn listeners into customers. .lliat's how WEEI welds Metropolitan Boston nnd 27 jlist-as*important extra counties into a single billIpn-and-a-half-dollar mark<^t that is bigger and richer than is Teguliarly served by . a ny ,other Boston statiom BO^TaN CBS Operated by Columbia Broadcasting System. Reipre- senled;national! y by Radio Sales: New York, Chicago, DelKtit, Charlolte, N. G., Sah Franei.sooi Lof Anjif le*