Variety (Jan 1945)

26 RADIO Wednesday, January 17, 1945- Authors League Comm. Warns Writers, 'Don't Toss Away Television Rights' Members of ; the Authors League, f as well as writers not belonging to ' that organization, have been study- ing the report of the Authors League television committee to the League Council, because of strong protective cautions. A warning is given to writers that, because tele-, vision is new. .and not yet of the size and importance it wjll be. '■writers should beware of shoe- string operators who have sprung, up all around town with glowing offer* of opportunities to write for nothing just to be in on the ground floor, and so to be in a position to reap millions—sometime. "The League should advise all au- thors leasing television rights to dp; so for one production only, or for a limited number of productions, with- in a specified time; all rights to re- vert to the author when the con- tracted period ceases." A further recommendation of the report is that work should be re- leased for television on a royalty basis, rather than a fiat fee. Particu- lar emphasis is placed on the fact that authors should be careful, in scanning their regular contracts for' books, radio,, and. motion pictures, to see that television right's are not Included—and thus really "given away." Television rights should be retained entirely, instead of. care- lessly slipping out of the owner's control, it's advised. .-. . Leading;members of the television comm. include Elmer Rice, chair- man: Lillian Hellman, Hex Stout, Richard McDonagh. Relax With Porter Washington, Jan. 16. One of the first moves by Paul A. Porter, new! FCC chairman,, has put him tops with the Com- mission staff. For some years there lias been a ruling- that in closed staff meetings, staff mem- bers . were not permitted to smoke although the Commis- sioners communed with Lady Nicotine to 'their hearts' content. Porter discovered this at • his first meeting. At the close of the session he leaned forward and addressed the staff. "I hope," he said. '-Ybii..will all bring your, own ashtrays to the next meet- ing." It lias also been suggested to Porter that.he .abolish the/ gim- mick of requiring everybody to' stand up when the Commission marches into a public hearing. "Other quasi-judicial agencies, such as SEC and the War Labor 'Board, have never required It. Phil Harris Uses Top N.Y. Tooters for Benny Show ■ Jack Benny's Lucky Strike preem from New York's Hotel Astor ball-: room Sunday night (14). via NBC recruited some of Radio City's top musicians to insure good musical returns for. maestro Phil Harris, who was forced to leave his regular mu- sical crew on the Coast because of- travel difficulties. Orch contribs, however, stood up •okay, what with ex-Paul- W>iite- manites Billy Butterfield and Sam- my Weiss present along with: Pave Bowman -'(Raymond;. Paige}, Ernie Cacercs and other top studio men, Claim Italian ILGWUSeriesIs Buffer Vs. Nads Claim that Italian-speaking radio listeners in. the U. S. will come under the influence of Italian broad- casts from Germany unless they are given adequate service by American stations will be made today (Wed;) in U. S, District Court for Massa- chusetts. Argument will be pre-, sented in the case of. the Iht'l Ladies Garment Workers Union; Local 89; against WCOP, Boston station owned by the Cowles Bros. Hear r ing is for a mandatory injunction, sought by the ILGWU. restraining WCOP from keeping "Voice of 89," the locai's Italian program off . the air. pending a suit to determine whether the station has the right to cancel the program under its re- cently-inaugurated policy of elimi- nating all foreign-language broad- casts. Statement that the alternative to U. S.-originated language programs is the Nazi radio, was advanced in affidavits filed yesterday (Tues.) ior the ILGWU by Dr. Paul Lazarsfeld. director of the office of radio re- search at Columbia U.; Roger Bald, win, director of the American Civil Liberties; Union and Thomas R. Caiskadon, chairman of the ACLU radio committee and:director of the 20ih-'Century Fund. All three urged the court to keep "Voice of 89" on the air. Dr. Lazarsfeld declared, "On the basis of a study entitled "The Audi ence for Italian'Language Programs,", it appears that the program - ("Voice of 89"), plays a great;.role in the Italian speaking community: in which It is heard. The study proves . . . that foreign language programs are of great importance in molding pub- lic opinion . .. . If not kept on the air, listeners will turn to shortwave programs coming from Germany in Italian." Baldwin.stated, "It is important to maintain balance and diversity on the air. The ACLU maintains a radio committee which has found that the program ("Voice of 89"), because it is in Italian, exerts a profound and beneficial influence on the Italian-speaking .community in. Massachusetts and --N. Y. The theme of the program is anli-Fascist." Carskadon's affidavit noted that "Voice" has precisely the influence on its listeners that is needed today and that it should be kept on the air "to keep, people from falling under the influence of Italian pro- grams coming from Germany." ' A. Walter Socolow is attorney for the ILGWU In the case. In a decision -looked upon by show biz attorneys as one of- the most important delivered in. years, Fred Waring won a. reversal of a previous decision against him in a suit filed by Grombach Productions, Inc.. six years ago over the format he formerly employed for a radio program. Originally. Grombach was awarded (13,000 damages, plus inter- est and costs, on the basis of his claim- that Waring had appropriated an idea of Grombach's. " However, the N. Y. Circuit Court of Appeals reversed this decision, its findings, stating that a "contract cannot be implied in law. in con- nection with ah idea." This means that no one can advance' an idea and, if it's'used, hope to collect on it without proper legal contracts making provision for such parti- cipation. ^ ■ Grombach firm filed its action originally in Supreme court, N.Y., where it won. in Oct., 1943, the 13G verdict. Later, this figure was cut in half by the presiding judge. On appeal to the Appellate Division, the full amount of the award was re- stored. Referred to the Circuit Court of Appeals, that body reversed the two lower courts with all costs *o Waring. Grombach claimed that he had communicated to John O'Connor, Waririg's manager,, the idea the latr ter used for his "Your Song" pro- gram, in which listeners were asked to write the maestro the title of the song associated with some outstand- ing event in the listener's life. Bath O'Connor and Waring disclaimed any knowledge that the idea had been advanced by Grombach. CBS DATA ON SERIALS IS SHOWN Special material with regard to the radio' daytime serial hat been developed into a presentation by the Columbia Broadcasting' System and it being shown around to trade gatherings by Mrs. Frances Wilder. Presentation comprises statistics about audience characteristics and critical recommendations concerning the writing and production aspect* of serials.,.- This presentation is the expres- sion of two years of work by (|B$ researchers and Oilbert Seldea, OBI director of television, who was given the job as a special assignment. KOB-WJZ Decish 'MARY MARLIN' MUST RESPOND TO HYPO OR- ■ Although Standard Brands has re- newed its daytime CBS "Mary Mar- lin" serial for another 13 weeks, there's likelihood that sponsor, will drop the show at the expiration of that period unless the, show comes through with a bigger audience pull. Program is one of the top-budgeted spapers on the air with Joan Blane in the lead role and has a 142-station tieup. In an effort to hypo the rating new writers have been pacted for the se- rial, having taken over on Jan. 1. for the new cycle. "Marlin" has a cur- rent rating of 3.6. WCAE, KQV, Kit, h Blue-Mntaal Swap - WCAE, Hearst's Sun - Telegraph station in Pittsburgh/ joints trie Blue: network, shifting over from Mutual, on June 15, KQV, current Blue out- let in that city, goes Mutual on that date in the swap, Hearst station Is a 5,000-watter on 1250 kes , while KQV is 1,000 watts on 1410 kes, Both are full-time op- erations. ■ -' Washington, Jan. 10. " Broadcasting will watch with In- terest the FCC ruling on the WJZ- KOB case, on which hearings; were concluded Friday (12), since a fa- vorable decision for KOB would probably mark the end of 1-A clear channel stations. —Already three other stations have filed with FCC to shart 1-A clear channels, and there would be a scramble if KOB should win. .Case ' dates back to the North American Regional Broadcast Agree- ment in 1941. Prior to that, KOB, in Albequerque had been given a construction permit for a 50 kw. sta- tion on 1180 kc. However, under the NARB agreement, 1180 kc. went to a Latin American country, and FCG had to find a new channel for KOB, For a while it was put on 1030 kc. which belonged to WBZ in Boston. But, because of interference, par- ticularly during winter nights, FCC switched KOB to the 770 kc. chan-; net on a. three-year temporary basis. This, of course, had been IKS''1-A clear channel of WJZ, home station of the Blue network, which put up a terrific howl. The 10 days of hearings just con- cluded mark the attempt to break 770 as a 1-A clear channel and would be a definite tip-off on FCC policy, if the Commission follows through and makes KOB a perma- nent co-tenant with WJZ. Among the witnesses who testified before Leonard Marks, FCC attorney^ who conducted the. hearings; were Mark Wood of Blue,' and some of the coun- try's leading radio engineers.' : Already KGA, in Seattle, and KDYL, in Salt Lake City, have filed with FCC, to lfreak the WABC, N.Y., clear channel hold on 880 kc., and KOIN, of Portland, Ore., has ap- 'plied to share 880 kc. with WEAF; N.Y. Word at FCC is that a decision on the KOB-WJZ case will not be down for at least two months, and that the other cases probably would not .be considered for hearings until after V-E Day. Carlins Swing Around Circuit Is Prelude to Mutual Prog. Dept. Hypo Guests for'Gaieties' "Gaslight Gaieties," Teel Sat. night NBC show, is now using guest stars, Program already has had Edward Everett Horton and is using Aklm Tamirofl Sat. (20). "Gaieties" re- cently shifted from Coast to N. Y. Top guester fee is given as $1,500, Biow agency handling. 'Mr. P A.' Into 4th Plac« Latest Hooperatings covering the Jail. 1-6 period show Bob Hope, with a 36.8 rating, shoot- ing far out in the . lead; with Fibber McGee & Molly In second . place (30.4). Charlie McCarthy's '.- third with 27.4. while the Jerry Devine "Mr. District Attofney" airer moved into fourth place (24.9) with a 3.9 boost over it previous rating. Here's the top 15: Bob Hope ..... 36.8 Fibber McGee and Molly.... 30,4 Charlie McCarthy 27.4 Mr. District Attorney..,.,i.' 24.9 Bing Crosby.. . 24.6 Jack Benny .......... ... 24.2 Walter W.inchell23.8 Joan Davis with jack Haley. 22.7 Radio Theatre ..'.'; .... 22.1 Kay Kyser (first half hour). 21.7 , Abbott and Costello ........ 21.4 Eddie Cantor -'.. 2Q.3 HlWegarde .....19,7 Your Hit Parade...... .... 19.6 Aldrlch Family .........;:".. 18.8 House BiH Would it FCC Power . Washington, Jan. 18. First new radio'bill of the -79th Congress was dropped in the hopper last week by Rep. Pehr Q. Holmes (R., Maes.), Its.main purpose ap- pears to. be to more clearjy limit the authority of FCC. Bill states in part:.-- . . "Nothing in this act shall be un-; derstood or construed to give the Commission the power to regulate the business of the licensee of any radio broadcast station, and no reg- ulation, , condition or requirement shall be promulgated, fixed, or im- posed by the Commission, the effect or result of which shall be to confer upon the Commission supervisory control of station programs or pro- gram material, control of the busi- ness management of the station, or control of the policies of the station or of the station licensee." Bill would also split the Commis- sion into, segments, one to handle radio and the other to handle the public carriers such as the telephone and telegraph companies. The bill has been referred to the House Interstate. Commerce Com- mittee, where it will wait until the committee taker up the general question of radio legislation later in the session. Holmes is a member of the House committee. MELTON CONCERT TOUR TAKES HIM OFF AIRER James Melton will be replaced for five of his Sunday night Texaco broadcasts over CBS beginning March 4 when h. fulfills five weeks of concert commitments outside of N. Y. . Although singer to replace Melton has not been set, Henry Souvaine office, which produces the stanza for Buchanan & Co., Texas Co. agency, revealed that format of program will remain the same, Alec Templeton, gal singer guest, Al Goodman orch, and John Reed King, announcer, con- tinuing. Decision to move the show to the Coast for the time that Melton was on the road, and pick up his part of stahia out there, was reversed after meeting of agency and sponsor execs last week.. Wave Chorus Fees Go To AFRA's GI Fund American Federation of Radio Artists' servicemen's' fund will ben- efit from the chorus fees that are paid ever to the organization, when a .choral group of 80 Waves appears on Monday night NBC ..Telephone. Hour. . Although program doesn't have a chorus ensemble, the- usual AFRA rates' for choral ensembles will prevail; Special Wave program will be broadcast Feb. 9, with Peter Donald emcee ing. Long-awaited plans for the ex- pansion of Mutual'* program dept have been virtually completed and will be put into action in about a month. Final shape-these steps will take depends, to some extent, 6n the result of the tour of MBS sta- tions to be undertaken this week by Phil Carlin, the web's recently appointed program veepee. As now stacking up, however, Mutual's plans call for a major expansion, with a large number of people to be hired when Carlin returns. He leaves Sun. (21) for a three week swing.- ' Steps to be .taken include creation," of a N. Y. production and'sponsor- servicing staff; hiring of a program ' staff to create hew programs; sign- ing of new talent,, and strongly pos- sible, establishment of Mutual's own production staffs in Chicrso and Hollywood. Carlin is also planning to put through, a major expansion of Mutual's news dept. . Much of Carhn's activity will be carried on with the. cooperation of Mutual's affiliates. Yesterday (Tues.) Carlin ; went on the closed circuit to talk over problems with Mutual's station. operators. Main point ' lie made waY that the chain needs; the help of all member stations to im- prove Its competitive position. and that they should feel it their re- sponsibility to air a Mutual sustainer when offered. He took the angle that a program's no good if it isn't heard and that new programming efforts would go to waste if the shows weren't carried' by the whole web. At the same time; Mutual is mak- ing a complete survey of its sus- . taining program structure. Web js sending questionnaires to its affili- ates, asking the station men to say which programs they think . should: be continued and which should be dropped; This, too, is being done to stress the cooperation angle between the web and its outlets. Brokenshlre Joins Web Carlin hired his first new talent last week, setting Anita Ellis, voca- list formerly with the Blue, for three nightly spots a week. Carlin also set Norman Brpkenshirc. vet- eran announcer, for Jane Porter- field's "Do You Need Advice?" ses- sion, aired across the board at 11:15. a.m. Mutual's own production and sponsor -service—'Staff is sorely needed, Carlin. feels, chain programs originating in N. Y. now being han- dled by WOR staffers. These should be handled by chain personnel, he thinks. Likewise, the new sustaincrs the chain will: air, whether created by Mutual or bought as a packages- require staff producers: Carlin aV ready has hired Bill Tbdnian to handle the new Ellis series. Answer to whether Mutual will set up its own program staff in Chi- cago and Hollywood depends on whether its affiliates in -those cities, WGN and Don Lee, respectively, can handle the additional work. Car- lin will determine that on his trip. He's likely to set on at least one Coast-originated program, this now being in the works. Also in process at the web are two new news programs, one to feature a commentator in a morning series, and the other the result-of a pend- ing tieup- with a daily. Scripts of NBC Gabbers For Military Records Daily scripts. of James Stevenson and John W. Vandercook, NBC com- mentators, are being integrated into the archives of the War Dept. as a record for future military students and historians. Said to be the first instance wherein, daily radio scripts have heen used by the Army for such a purpose. Stevenson airs Mon.^ through Sat. at 8'a.m., and Vander- cook at 7:15 p.m. Mon-Frj. Both pro- - grains include overseas pickups. Object of the War Dept., was to obtain scripts that will acquire im- portant historical value by their designation of what news subjects, military and otherwise, were worthy of comment and discussion on any given day. War College source ma- terial serves as the library of . the entire U. S. military setup, It was organized to collect, during war, material that will be of value to stu- dents and historians and is said to have, the i outstanding military- historical collection in the world.