Variety radio directory (1937)

COPYRIGHT LAW— Continued duction or motion picture production in connection with which it was originally written, is deemed a "grand right" performance ; while the performance of the same composition, separate and apart from its original setting in a non-dramatic form, is deemed a "small right'' performance. While ASCAP's license would authorize the performance of each of the compositions contained in an operetta, it would not authorize the giving of the performance of all of those compositions at one time connected by dialogue or associated with dramatic atmosphere. The "small right" of performance granted by AS CAP authorizes the licensee to give public performances of individual musical compositions in a non-dramatic form, unaccompanied by dramatic incident or dialogue, or any of the appurtenances of a stage or dramatic performance. With respect to those compositions intended exclusively for instrumental rendition, such as symphonies, suites, concertos, etc., the differentiation between "small right" performances and "grand right" performances is more difficult. If a work of this kind is performed in its original form, the performance may be deemed a "grand right" performance. The performance of a given work by a symphony orchestra might be deemed a "grand right" performance, while the performance of the same work by a small orchestra might be deemed a "small right" performance. Restricted Performing Rights By virtue of the contract between ASCAP and its members, the member reserves the right, to be exercised in good faith, to restrict, limit or prohibit the public performance by radio broadcasting of any of his works otherwise included in the society's repertoire, it being particularly provided that in the case of a restriction, limitation or prohibition directed by the owner in respect of separate numbers, songs, fragments or arrangements, or melodies or selections forming part of a musical play, or other dramatico-musical composition, such notice of restriction, in order to be binding upon the society, shall require the approval of the composer and author, as well as the publisher of said work. The members of ASCAP frequently exercise this right of restriction and accordingly ASCAP from time to time notifies its licensees with respect to the compositions placed on the restricted list, the practical effect of which is, for the duration of such restriction, to withdraw such compositions from the repertoire of ASCAP and consequently from the protection of the performing license granted. ASCAP does not grant a license for the performance of any one work or any group of works. The license granted by ASCAP authorizes the licensee, in consideration of the payment of a fixed compensation, to perform any or all of the unrestricted works comprised in the society's repertoire. ASCAP and its method of licensing have been the subject of much controversial discussion. With respect to one aspect, however, there seems to be a unanimity of opinion. It is conceded that the broadcasting stations of the United States require for their programs thousands of musical compositions each year. These compositions must be made readily available, and a broadcasting station must have reasonable assurance, when it gives a performance of a composition, that it hab been duly licensed so to do by the person having the right to grant the permission. Were each station to maintain its own bureau for this purpose, and were each station compelled to deal separately with the owners of these thousands 313