Variety radio directory (1940)

ASCAP CHAIN BROADCAST LICENSE AGREEMENT made between the AMERICAN SOCIETY OF COMPOSERS, AUTHORS AND PUBLISHERS (hereinafter referred to as "SOCIETY"), and (hereinafter referred to as "LICENSEE") as follows: 1. SOCIETY grants to LICENSEE and LICENSEE accepts for a period of five years from a license to publicly perform by non-visual broadcasting on a chain hook-up from or through the radio stations listed on Schedule "A" hereto annexed and made part hereof, non-dramatic renditions of the separate musical compositions heretofore or hereafter during the term hereof, copyrighted or composed by members of SOCIETY or of which SOCIETY shall have the right to license such performing rights. 2. The within license does not extend to or include the public performance by broadcasting or otherwise of any rendition or performance of any opera, operetta, musical comedy, play or like production, as such, in whole or in part. 3. Nothing herein contained shall be construed as authorizing LICENSEE to grant to others than the radio stations mentioned and described in Schedule "A," any right to reproduce or perform publicly for profit by any means, method or process whatsoever, any of the musical compositions coming within the purview of the within license performed pursuant here to, or as authorizing any receiver of any such broadcast rendition to publicly perform or reproduce the same for profit by any means, method or process whatsoever. Should LICENSEE own, control or operate any broadcasting station, directly or indirectly, (and regardless of whether such Station is included in Schedule "A") LICENSEE and SOCIETY agree to execute or cause to be executed simultaneously herewith a separate and independent license agreement therefor, such license agreement to be the regular "Single Station License." The foregoing shall also apply in case, during the term hereof, LICENSEE shall become the owner, take control of or become the operator of any other broadcasting stations. 4. The within license is limited to the separate musical compositions heretofore or hereafter during the term hereof, copyrighted or composed by members of SOCIETY or of which SOCIETY shall have the right to license the performing rights hereinbefore granted, in programs transmitted on a chain hook-up rendered at or from any of the radio stations or studios described in Schedule "A," or at or from any hotel, cabaret, night club, dance hall or similar place of entertainment duly licensed by SOCIETY to perform such works (unless the performance originates at a place or from a source which SOCIETY does not customarily license), from which place rendition of such works is transmitted directly to such radio station or stations for the purpose of being broadcast therefrom. LICENSEE shall be guilty of a breach under this article "4" only in case it continues to broadcast a program rendered at such places other than the said stations or studios described in Schedule "A" after LICENSEE shall have received notice from SOCIETY that such other places are not licensed by SOCIETY to perform. 5. No license is hereby granted to LICENSEE to broadcast or permit the broadcasting of programs over a single station unless such broadcast is given on such station as part of a chain hook-up. No license is hereby granted to LICENSEE to broadcast or permit the broadcasting of programs over or through or by any broadcasting station except those listed on Schedule "A" without SOCIETY'S written consent thereto. 6. LICENSEE agrees to furnish SOCIETY during the term of the within license with a list of each and every station participating in each program on a chain hook-up together with a list of all musical compositions (or, at the option of LICENSEE, a list of all musical compositions heretofore or hereafter during the term hereof copyrighted or composed by members of Society or of which SOCIETY shall have the right to license the performing rights hereinbefore granted) broadcast over or through each of said stations on such chain hook-up, showing the title of each composition and the composer and author thereof. The lists so furnished by LICENSEE to SOCIETY shall be strictly confidential and SOCIETY covenants that it will make no disclosure thereof or of the contents thereof. 7. SOCIETY reserves the right, at any time, and from time to time, to withdraw from its repertory and the operation of this license, any musical composition or 235