Approved Code No. 552 Registry No. 509-o2 

NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

FOR THE 

MUSIC PUBLISHING 

INDUSTRY 

AS APPROVED ON MARCH 4, 1935 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 1935 

I 

I 

I 

For sale by the Superintendent of Documents, Washington, D. C. - - - • - - Price 5 cents 
'l'his publication is for lSale by the Superintendent of Documems, Government 

Printing Office, Washington, D. C., and by district offices of the Bureau of ~'oreign and Domestic Commerce. 

DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE 

Atlanta, Ga.: 504 Post Office Building. 

Birmingham, Ala. : 257 Federal Building. 

Boston, Mass. : 1801 Customhouse. 

Buffalo, N. Y.: Chamber of Commerce Building. 

Charleston, S. C.: Chamber of Commerce Building. 

Chicago, Ill.: Suite 1706, 201 North Wells Street. 

Cleveland, Ohio: Chamber of Commerce. 

Dallas, Tex. : Chamber of Commerce Building. 

Detroit, Mich.: 801 Fin;;t National Bank Building. 

Houston, Tf'x.: Chamber of Commerce Building. 

Indinnapolis, Ind.: Chamber of Commerce Building. 

Jacksonville, Fla.: Chamber of Commerce Building. 

Kansas City, Mo.: 1028 Baltimore Avenue. 

Los Angeles, Calif.: 1163 South Broadway. 

Louisville, Ky.: 408 Federal Building. 

Memphis, Tenn.: 229 Federal Building. 

Minneapolis, 1\linn.: 213 Federal Building. 

New Orleans, La.: Room 225-A, Customhouse. 

New York, N. Y.: 734 Customhouse. 

Norfolk, Va.: 406 East Plume Street. 

Philadelphia, Pa.: 422 Commercial Trust Building. 

Pittsburgh, Pa.: Chamber of Commerce Building. 

Portland, Oreg.: 215 New Post Office Building. 

St. Louis, Mo.: 506 Olive Street. 

San Francisco, Calif.: 310 Customhouse. 

SP.attle, Wash.: 809 Federal Office Building. 
Approved Code No. 552 

CODE OF FAIR COMPETITION 

FOR THE 

MUSIC PUBLISHING INDUSTRY 

As Approved on March 4, 1935 

ORDER 

APPROVING CoDE OF FAIR CoMPETITION FOR THE Musrc P uBLISHING 

INDUSTRY 

An application having been duly made pursuant to and in full 

compliance with the provisions of Title I of the National Industrial 

Recovery Act, approved June 16, 1933, for approval of a Code of 

Fair Competition for the Music Publishing Industry, and hearings 

having been duly held thereon and the annexed reports on said 

Code of Fair Com-petition, containing findings with respect thereto, 

having been made and directed to the President: 

NOW, THEREFORE, on behalf of the President of the Unit€d 

States, the National Industrial Recovery Board, pursuant to authority vested in it by Executive Orders of the President, including 

Executive Order No. 6859, dated September 27, 1934, and otherwise; 

does her€by incorporate by reference said annexed report and does 

find that said Code complies in all respects with the pertinent provisions and will promote the policy and purposes of said Title of 

said Act; and does hereby order that said Code of Fair Competition 

for the Music Publishing Industry be and is hereby approved: 

PROVIDED, HOWEVER, that the approval of this Code, or 

anything contained therein, or in any amendments thereto, or in any 

rules or regulations adopted pursuant thereto, shall not be deemed 

or construed as approving sanctioning, or condoning any of the acts 

alleged in the petition filed in the United States District Court for 

the Southern District of New York, August 30, 1934, and now pending therein, entitled, United States vs. American Society of Composers, Autho1·s, and Publishers; Music Publishers' Protective Association, et a.l., Equity No. 78-388, or in any amended or supplemental 

petition or pe6tions which may be filed ther€in, or any acts forbidden in any decree or decrees which may be entered pursuant thereto. 

NATIONAL INDUSTRIAL REcovERY BoARD, 

By vV. A. HARRIMAN, Ad1nVnistrative Officer. 

ApproYal recommended: 

JACK B. T ATE, 

Div'ision Adndnistrator. 

WASHINGTON, D. c., 

March 4, 1935. 

119376°----1603-34----35 (133) 
REPORT TO THE PRESIDENT 

The PRE IDENT, 

The White House. 

SIR: This is a report on the proposed Code o£ Fair Competition 

£or the :Music Publishing Industry. A public hearing was held on 

this proposed Code on July 26 193-1, and full opportunity was given 

to all interested parties to appear. 

The proposed Code covers two separate and divisional industries, 

namely, Standard ~Iusic Publishers and Popular :Music Publishers, 

and consist o£ hour, wage, and general labor provisions, administrative provisions and £air trade practice provisions. 

EXTENT OF THE INDUSTRY 

The ~fusic Publishing Industry is a relatively small one insofar 

as number o£ employees, annual sales, or invested capital, are concerned, but its product probably touches the liyes o£ more people 

than the product o£ any other industry in this country. It is hard to 

figure in the life o£ the average man or woman, a day in which at 

some time they are not in contact with music. 

~fusic is one o£ the most universally used commodities on the 

market today. It is becoming increasingly popular all the time, but 

even with this growing popularity there is still little known by the 

general public o£ the comparatively few men and women who are 

currently and constantly adding to our reservoir o£ music. Music 

is the "raw material)' which makes possible the commercial operation o£ huge business enterprises; it is the keystone in the arch o£ 

the structure that supports the entire amusement and entertainment 

industry, which annually derives £rom the American public a 

revenue o£ billions o£ dollars. 

During the years 1928 to 1930, according to the President's Committee on Recent Social Trends, the American people spent annually 

$2,214,725,000 £or commercial amusements. Each o£ these commercial enterprise groups,-motion pictures, radio, theaters, concert and 

dance halls, night clubs and cabarets, and even restaurants, are to a 

very large degree dependent £or their existence upon music. Yet 

£or every dollar paid by the American people £or commercial amusements, the creators receive less than one-tenth o£ 1 ppr cent. 

The commodities which the Industry vend are divided into two 

sharply defined classes. These two classes o£ mu ic are produced 

by a sub tantially different group o£ publishers, known in the trade, 

as Popular ~1u ic Publishers and Standard Music Publishers. It is 

estimated that there are about 75 mu ic publishers in the United 

States, divided approximately into 30 Standard :Music Publishers, 

and 45 Popular Music Publishers. The bulk o£ the total dollar 

volume is repres~nted, however, by less than one hal£ o£ the total 

number o£ establishments. 

(134) 
135 

Popular music, is made up of a constant procession of selections 

which "click" to a greater or less degree; are whistled and sung 

during a brief period by stars of the radio, stage, and private citizens; and then are more or less forgotten. In distributing them 

timeliness is the essence. Margins of gross profit are narrow, but the 

volume of any one number is large, and the turnover is very rapid. 

Popular music sales normally are frmn one-fourth to one-third of 

the total sales of all music. 

Standard music, is composed of numbers of more enduring popularity, many of them classical pieces and grand opera, together with 

exercise books, song-books, certain types of religious music, etc. 

Demand for them is constant. Turnover is comparatively slow. 

Volume on any one number is small. Gross profit margins are high. 

Standard music sales usually are two-thirds to three-fourths of the 

sales of all music. 

In geographical distribution the Music Publishing Industry is 

heavily concentrated in New York City, which alone normally accounts for about two-thirds of the total amount of music published. 

Massachusetts and Pennsylvania are next in importance, each representing about 17 and 7 percent respectively of the total. The principal other states are, California, Ohio, and Illinois. New York City 

represents about 86 per cent of the total of popular music published, 

and about 51 per cent of the total of standard music. 

A YEXUES OF DISTRIB"GTION 

Both types of music, popular and standard are sold to ultimate 

consumers by the same groups of retail stores ; shops specializing in 

sheet music an l musical instruments (these are tending to become 

less important), radio and music shops, variety stores, department 

stores, gift shops, drug stores in certain sections of the country, book 

stores, cigar stores, mail order houses, sport shops, and other miscellaneous types of retailers. It is estimated that between one-third 

and one-half of the total retail sales of the products of this Indu try 

are made through variety stores, stores specializing in musical instruments and sheet music, and radio and music stores. Publishers 

sell in considerable amounts direct to ultimate consumers and to 

commercial and institutional users-teachers, schools, orchestras, 

glee clubs, etc. I\{ost tandard publishers also perform a wholesaling 

function. 

YOLUl\IE OF SALES 

The nfusic Publishing Industry reported sales of $9,500,000 in 

1929. (There is probably an additional million in sales represented 

by firms who did not report.) During the period from 1929 to 

1933, the aggregate annual sales in dollar volume decreased from 

D.5 million to 5 million, representing a decrease of about 46 per cent. 

It is estim.ated that the total sales for 1934 will exceed 6 million, 

representing at least a 16 per cent increase in 1934 over 1933. 

El\IPLOYl\1ENT 

The l\1usic Publishing Indu try is essentially a "white collar" 

business with no machine workers, and comparatively few manual 
136 

workers of any sort. The employees of a music publisher are practically confined to executives, editorial staff, clerical workers of 

various types, salesmen, song pluggers, etc. 

In March 1929 there were more than 1,139 wage earners employed 

in the Music Publishing Industry. In March 1933 and March 1934 

there were 770 and 793 respectively. The total for 1933 was 33 per 

cent under that of 1929, and even though employment had increased 

about 7 per cent between March 1933 and March 1934, it was still 30 

per cent less than ~1arch 1929. It is estimated that the average 

for 1934 will be about 850. 

In 1929 only 21 per cent of these employees worked 40 hours or 

less. About 72 per cent worked between 40 and 45 hours, and 9 per 

cent between 45 and 50 hours. In other words more than 90 per 

cent worked 45 hours or less per week. In March 1933, 50 percent 

of all the reported employees worked 40 hours or less, and in 1934, 

84 per cent worked 40 hours or less. For the last two yearly periods 

those working 45 hours or less, were 92 per cent and 96 per cent respectively, of the total. The average work week in March 1929 was 

less than 42 hours, and about 39 hours in March 1933. 

WAGES 

The figures submitted by the Industry show that for the corresponding week in March 1929, 1933, and 1934, those working below the 

codal minimum of $15.00 per week, were 10.5, 18.5, and 7 percent respectively of the total. In other words although there was a material 

decrease in the weekly wages between 1929 and 1933 in the lower 

brackets, there was a decided increase between 1933 and1934. Those 

employees who appear in the upper wage brackets did not experience 

decreases to the same degree as those in the lower brackets between 

1929 and 1933. Their status, therefore, remained about the same 

after the President's Reemployment Agreement was adopted. 

The average weekly wage in 1933 was $23.92, or 20 per cent less 

than the 1929 average of $30.40. The average weekly wage for 1934 

of $32.55 was not only an increa e of about 25 per oent above the 

1933 average, but was also about 6 per cent above the 1929 average. 

It is estimated that total wages decreased 40.4 per cent between 

1929 and 1933, and increased about 30 percent between 1933 and 1934. 

For the year 1929 and 1933 the average per cent that the total wages 

were of the gross income, was about 20 per cent. During 1934 this 

per cent increased to about 25 per cent. 

FINDINGS 

The Deputy Administrator in his final report to us on the proposed 

Code of Fair Competition for the Music Publishing Industry, having 

found as herein set forth, and on the basis of all the proceedings 

on this matter : 

vV e find that: 

(a) The said Code is well designed to promote the policies and 

purposes of Title I of the National Indu trial Recovery Act including the removal of obstructions to the free flow of interstate and 

foreign commerce which tend to diminish the amount thereof, and 

will provide for the general welfare by promoting the organization 
137 

of industry for the purpose of cooperative action among trade 

groups, by inducing and maintaining united action of labor and 

management under adequate governmental sanction and supervision, 

by eliminating unfair competitive practices, by promoting the fulle t 

possible utilization of the present{roductive capacity of industries, 

by avoiding undue restriction o production (except as may be 

temporarily required), by increasing the consumption of industria] 

and agricultural products through increasing purchasing power, by 

reducing and relieving unemployment, by improving standards of 

labor, and by otherwise rehabilitating industry. 

(b) Said Industry normally employs not more than 50,000 employees; and is not classified by us as a major Industry. 

(c) The Code complies in all respects with the pertinent provisions of said Title of said Act, including without limitation, Subsection (a) of Section 3, Subsection (a) of Section 7 and Subsection 

(b) of Section 10 thereof; that the groups submitting this Code are 

truly representative of the aforesaid Industry and the divisions 

thereof, and that the applicant groups impose no inequitable restrictions on admission to membership therein. 

(d) The Code is not designed to and will not permit monopolies 

or monopolistic practices. 

(e) The Code is not designed to and will not eliminate or oppress 

small enterprises and will not operate to discriminate against them. 

(f) Those engaged in other steps of the economic process haYe 

not been deprived of the right to be heard prior to approval of said 

Code. 

1V e believe the Code to be fair to labor, to the consumer, and to 

the Industry, and for these reasons, therefore, we approve this 

Code. 

For the National Industrial Recovery Board: 

MARCH 4, 1935. 

w. A. HARRIMAN' 

Adn~inistrativ e Officer. 
CODE OF FAIR COMPETITION FOR THE MUSIC 

PUBLISHING INDUSTRY 

ARTICLE I-PURPOSES 

To effect the policies of Title I of the National Industrial Recovery Act, this Code is established as a Code of Fair Competition 

for the Music Publishing Industry and its provisions shall be the 

standards of fair competition for such Industry and shall be binding upon every member thereof. 

ARTICLE II-DEFINITIONS 

1. The term "Music Publishing Industry" as used herein includes all persons, firms, partnerships, associations, corporations, 

or other entities engaged in the business of editing and preparing 

for publication and publishing musical works inJrinted or other 

form; and all such persons or entities also engag in the business 

of importing musical works in printed form; provided, however, 

that the term "Music Publishing Industry" shall not be construed 

to include the renting or licensing activities of any person, firm, 

partnership, association, corporation, or other entity pertaining to 

public performance or mechanical reproduction rights. 

2. The term "Standard Music Publishing Division", as used 

herein includes any person, firm, partnership, association, corporation, or other entity engaged in the business of editing and preparing for publication and publishing in printed or other form, musical 

works (whether copyrighted or not) of the character generally 

designated in the Industry as standard, or educational, or classical 

music; and all such persons or entities also engaged in the business 

of importing such musical works in printed form. 

3. The term "Popular Music Publishing Division" as used herein 

includes any person, firm, partnership, association, corporation, or 

other entity engaged in the business of editing and preparing for 

publication and publishing in printed or other form, musical works 

{whether copyrighted or not) of the character generally designated 

in the Industry as" Popular Music"; and all such persons or entities 

also engaged in the business of importing such musical works in 

printed form. 

4. The terms "member of the Industry" and "member of the 

Division" as used herein include, but without limitation, any individual, partnership, association, corporation, or other form of enterprise engaged in the Industry or in a Division thereof, either as an 

employer or on his or its own behalf. 

5. The term "employee" as used herein includes any and all 

persons engaged in the Industry however compensated, except a 

member of the Industry. 

6. The term" employer" as used herein includes any person or any 

entity by whom such employee is compensated or employed. 

(138) 
139 

7. The term '·Song Plugger" as used herein shall le ignate any 

indivicTual olely employed by any member of the Industry whose 

principal business is to induce performers to include in their repertoire the songs published by his employer, or himself to perform such ' 

songs on occasion. 

8. The term " Cod Authority" as used herein i · defined to mean 

the Administrative Agenc.y of each Division. 

9. The term ":Music Publishers' Coordinating Committee" or . 

"Committee.:' a. · used herein is defined to mean the. Coordinating 

Agency of the ~fusic Publishing Industry. 

10. The term. "President", "Act", and 'National Industrial 

Recovery Board:' or "Board" as used herein mean re. pectively, the 

President of the United States, Title I of the National Indu trial 

Recovery Act, and the National Industrial Recovery Board, or its ·uccesc::or. · jn office. 

AnTICLE III-Houns 

SECTION 1. Jla xhnwn Hmtrs.-(a) No employee .Jutll be permitted to work in ex<.:ess of thirty-eight (38) hour.·~ in any one week, or 

seven (7) hours in any twenty-four (24) hour period. (beO'inninoat midnight) , except a.· herein otherwi e provided. ' 0 0 

(b) A tolerance period not to exceed forty ( 40) hour. in any one 

year, shall be allowed for each employee indispen ably neces ary to 

the conduct of bu ine during peak period., during which time ch 

employee. may be permitted to work not exceeding forty-six ( 46) 

hours per week; provided, however, that for any hours or fraction 

of hours worked in excess of seven (7) hour. in any twenty-four (24) 

hour period, or thirty-eight (38) in any one week, :-my such employee shall he paid at the overtime rate of time and one-half. 

SECTION 2. Exception.'3 as to hours.-The provi ions of this Article 

shall not apply to out ide salesmen and such r epresentatives known 

in the Industry a "song pluggers", to employee engage l in emergency repair, or emergency maintenance work, or to per. ons employed in a managerial or executive capacity who are paid regularly 

thirty-five dollars ($35.00), or more per week; provided, ho'\\eYer, 

that employees engaged in emergency maintenance and/ or emergency 

repair work shall be paid at one and one-hal£ (11j2 ) times their normal hourly rate for all hours worked in exce .. s of eight ( ) hour , per 

day or forty ( 40) hours per week. 

SEcTioN 3. Standard lVeek.-N o employee shall be permitte l to 

work more than six (6) days in any seven (7) clay period, except 

those employees mentioned in the foregoing Section 2. 

SECTION 4. Employm nt by Seve1·al En1.,ploye-rs.-N o employer shall 

knowingly permit any employee to work for any time which, when 

added t() the time spent at work for another employer or employers in 

this Industry, (or otherwise), exceeds the maximum permitted 

herein. 

AnTICLE IV-vV AGEs 

SECTION 1. ... lfinimwn Wages.-Except as hereinafter provided, no 

rmployee shall be paid in any pay perioclle s than at a rate of fift ee~ 

dollars ($15.00) per week. 

11U3 76•----1603-34----35----2 
1-±0 

~E TIOX 2. X o employee engagf'(1 in pa rt-t.ime employment, ·hall 

be paid at n rat<' les than forty-two cents (-±~¢) per hour. 

'F.cTIOX 3. Offic boy · office girl..,, an 1 me ·senger under 18 year. · of age may Le employed at n rate not le · than eighty (80) per cent 

of the minimum wage prm·icled in ection 1. No n1ore than twenty 

(20) per cent of the total number of emploYee · of any member of 

the Indn ·tr ·hall be in thi category at any one time· provided, 

however, that each member of the Indu try shall be entitlecl to employ 

at lea t one such employee. 

ECTrox 4. The foregoing proyi··ions are intended to c. tabli ·h only 

minimum and not ma:s:il11um wage require1nent . SE ·-rro4 ~ 5. Female employee perfonning substantially the . ·a me 

'TOJ'k as male employee.· . hall receive the .:ame rate of pay a: male 

employee. ·. r:c n )X G. A per ·on who ·e earning capacity is limited Lerausc 

of age, ph) ical or mental handicap or other infirmity, may be employed on lifo·ht work at a wage below the minimum established by 

thi ode~ i the employer obtains from the State Authority ~esignated by the '[ nited tate Department of Labor, a cerhfieate 

authorizing hi:S employment at "uch wage · and for such hours as ·hall be . ·tatecl in the certificate. Each employer shall file monthly 

·with the Code Authority a list of all uch per. ·on · employed bv 

him, ·howing the wages paid to and the maximum hour · of wori{ 

for, ·uch emplo. ·ee. SECTIOX 7. This Article e ·tnbli ·he minimum rate of pay which 

shall apply irre. pective of whether an employee i · actually compen ated on a time rate, piece-work, or other basi ... . 

SECTION 8. No employer shall mak"' an~r reduction in the fulltime weekly earning of any employee becau ·e his normal full-time 

wceklj hour · are reduced by the proYi ·ion of Article III of this 

Code. In no eYent shall hourly rate.· of pay be reduced because 

of the prO\·ision, of this Code, irre pectiYe of whether compcn ·ation 

i actually paid on an hourly, weekly, or other ba. is, nor ·hall any 

w·nge be at less than the minimnm rate herein provided. 

'Vithin thirty (30) days of the effectn·e date hereof (unles·· such 

adjustment ha. been made theretofore) each employer ·hall adjust 

the ·chedule of ''ages of hi employee.· in such an equitable manner 

a will c-onform to the provi ion hereinaboYe set forth, and till preerve wage differentials rea ··onably proportionate to tho ·e in effect 

prior to the effectiYe date of thi Code~ except that thi-· paragraph 

shall not apply to employee earnin thirty-fh·e dollar ($3w.OO) 

per week or more. 

SEcTION 9. No employer shall modify hi or it. e. tabli. heel practices as to vacation periods, leaYes of absence and/ or temporary 

ab ences from 'York with the l)Urpose and effect of reducing uch 

privileges heretofore granted employees. 

SEcTION 10. An employer hall make payment of all wages due 

at least every two weeks, and alaries at lea t at the end of every 

month in lawful currency or by negotiable check therefor, payable 

on demand. If wages are paid by check the employer shall provide 

reasonably accessible facilitie · for cashing checks at face value without expense to the employee. The employer shall also provide such 
141 

identification as is neces ·ary to utilize the -e fac:ilitie. ·. These ''"age 

shall be exempt from any charges, fines, or deduction~; or payment of 

pensions, insurance or sick benefit other than those voluntarily paid 

by the wage earners or required by State law. 

Employers or their agents shall not accept directly or indirectly 

rebates on such wages or salaries, or give anything of value or extend any favor to any person for the purpose of influencing rates of 

wages or working conditions of their employees. 

ARTICLE V-GENERAL LABOR .AKD OTHER Pnovr. IONs 

SECTION 1. Ohild Labor.-On and after the effective date of this 

Code, no person under sixteen (16) years of age shall be employed in 

the Industry. In any State any employer shall be leemed to have 

complied with this provision as to age if he shall have on file a 

certificate or permit, duly signed by the Authority in such State 

empowered to issue employment or age certificates or permits, showing that the employee is of the required age, except that persons 

under the age of sixteen (16) may be employed solely a performers, subject to the local laws, and regulation of the Code Authority. 

SECTION 2. (a) Provisions f'rom the Aat.-Employees shall have 

the right to organize and bargain collectively through repre entatiYes 

of their own choosing, and . hall be free from the interference, retraint, or coercion of employers of labor, or. their agents, in the 

designation of such representati,·e or in self-organization or in other 

concerted activities for the purpose of collective bargaining or other 

mutual aid or protection. 

(b) No employee and no one . eeking employmant hall be required 

as a condition of employment to join any company union or to refrain 

fr01n joining, organizing or assisting a labor organization of his 

own choosing, and 

(c) Employers shall comply with the maximum hours of labor, 

minimum rate · of pay, and other condition. · of employment, 

approved or prescribed by the Pre ident. SECTION 3. Evasion Through S1J.bterf-uge.-N o employer hall 

recla sify employees or duties of occupation performed or engage in 

any other subterfuge so as to defeat the purposes or provision of 

the Act or of this Code. 

S ection 4. No employee now employed ut rates in excess of the 

minimum shall be discharged and reemployed at a lower rate for 

the purpose of e.vading the provisions of this Code. 

SECTION 5. Standards fo?' Safety and H ealth.-Every employer 

shall provide for the sa.:fety and hea.lth o:f employees during the. hours 

and at the places of their employment. Standards for safety and 

health shall be submitt€d by the Code Authority to the National 

Industrial Recovery Board within sixty days a.fter the. effective date 

of the Code. After approval, such standards shall become the minimum standards of safety and health for all members of the Indu try. 

SEcTION 6. State laws.-N o provision in this Code shall supersede 

any State or Federal Lav1 which impo. es on employers n1ore stringent requirements as to age of employee , wages, hours of work, or 

a to safety, health, sanitary: or general working conditions, or in-

'"urance, or fire protection, than are impo._ed by this Code. 
1-!2 

~E<.TIOX 7. Po:·d;11g-All C'mployers ·hall po:::.t and keep posted 

copit>s of the full iabor proYisions of this Code in conspicuous places 

n'.<H1ily tH.'<..:e. ~ible to all employees. Every employer shall con1ply 

w1th all rules and regulations relative to the posting of provisions 

of Code· of Fair Competition which may from time to time be pre-- scrilJC~a by the Kational Indu. trial Recovery Board. 

'I::CTIOX . No employee shall be di...:mi ·sed or demoted for m.akinoa ·ompla.int or giving evidence ·with respect to an alleged violation of 

any of the provisio-ns of any Code. 

~ \r.ncLE VI-Onn.L -rz.\.TlOX, PmvEr." AXD D uTIES OF THE CoDE 

A T"THORITIES 

'w·nox l. Or.r;rmi.::-atio,z-(a) ~ Code \..utlwrity con:isting of 

five ( 5) Bll'lll hers is hereby establi::;hed for the Standnrc1l\1n ic Publi.-bing Division. The member · of the Code Authority for this Division . ·hall be :eJectf'd in the following manner~ ~nbject to thr approval 

of the National Inclnstrial Recovery Board. 

Four (4:) ll1f'111ber:-. of tlw Code Authority. not more than one (1) 

of 1dwm ~hall h0 from any 011e member of the DiYis.ion, induding 

.'libsi.diar.il'~ or nlfiliates tlwreof. . ·hall be elertecl l)\' the nwmb~rs of 

tlw :Jiu.-ic Publl. her~' As~oc.iation of the Unit d ~·tah's within sixt.v 

(GO) <l uy,· nJte-1· the effective elate of thi. Cole. · 

Orw (1) n1em~r of the Code Authority .-ha.ll be dectcd by the 

me11rlu'r.- of the DiYi.jon 'vho are not member. of the Mu ·ic Publisher · A ·ociation of the United State.-. 1'hc 1nanncr of electing 

such member shnll be a.· follows: 

The Code Committee of the · tanda.rd l\lusi(' Publishers shall 

within thirty ( 30) clay~ after the effective clat '· of thi Code, select 

a Nominating Committee of not less than thre0 (3) non-Association 

member which shall cause ballots to Le preparcJ containing the 

names of three (3') nomin es not mo1·e than (1) of whom shall 

be from any one (1) member of the Division, includin?" snb ·.idiaries 

or affiliate · thereof, and all of whom shall be non-As .. ocirrtion menlber~: with a blank space for one (1) acl1itional nomine . Said nominee. · ·hall be fairly representative of large and ~· ma,ll pnbli. h~rs and 

aU nther groups in the Division. 

Upon the selection of the three (3) nominee the Code Committee 

.-hall transmit within fifteen (15) days thereafter. a notice of election and ballot containing the names of the three ( 3.) nominees and 

a blank space for one ( 1) additional nominee, to all a"ce.rta.inahle 

members of the Division who are not members of the l\!Iusic Publi ·hers' Association of the United States, at)ea t fiftee·D (15) days 

before the election, to be held at a time and place designated by the 

Code Committee, not to be later than sixty (60) days from the effectiY.e date of this Code. Each uch member, Yoting either by registered mail, by proxy, or in person, shall have on(\ vote for the on 

member of the Code Authority to be elected by the non-.[ s ·ociation 

member . The nmninee receiving the lar.ge t number of the votes 

ca ·t shall become the non-As ociation member of the Co<1e Authority. 

The term of office of the members of the Code Authority shall br 

m1e year o.r until their successors are duly elected and qualify. 

Vacancie · in the membership of the Code Authority for unexpired 

terms occa. ionecl by death or re ·ignation, shall b" filled by selection 
14:3 

made by the rcmaini11p: member~ o£ the CoLli:' ~\utlwrity from the 

Industry group in which the vacancy occuned. 

Subsequent elections shall be conducted in the sam manner as 

above described, except that the Code Authority of the Standard 

nlusic Publishing Division shall act in place of the Code Committee, 

nnles,· the National Indu trial Reco>::ery Board ..,hall otherwise 

<lecide. 

(b) A Code Authority consisting of five ( 5) members is hereby 

establi. heel for the Popular l\1u ·ic Publishing Division. The member· of the Code Authority shall be selected within sixty (60) days 

after the effective date of this Code, in the following manner, subject to the approval of the National Industrial Recovery Board: 

The Code Committee of the Popular Music Publishing Division 

fihal~ cans~ ballots to be prepared containing the names of seven (7) 

nonnnees, not n10re than one of whom . ·hall be from any one member 

of the Division, including sub ·idiarie or affiliates thereof, and not 

more than three (3) of whom may bo members of the l\1usic Publisher ·' Protective Association, 1vith blank spaces for four (4) additional nominees. Said nominee shall be fairly repre ·cntati ve o£ 

large and small members uncl of other groups in the DiYision. 

The Code Committee shall transmit a. notice of election a.nd the 

ballot nboYe provided for, to all ascertainable m-embers of the Division at least fifteen (15) days before the election to be held at a 

time and place designated by the Code Committee. 

Each member of the Divi ion, Yoting either by regi terecl mail, 

by proxy, or in person, shall have one vote for each member of the 

Code Authority. The five (5) nominees receiYing the large.t number of the votes cast shall con·titute the Code Authority. 

The term of office of the Industry members of the Cole Authority 

shall be one year or until their ucce .. sors are duly elected and 

qualify. 

Vacancie. · jn the membership of the Code ·\.uthority for unexpired 

terms occasioned by death or I'e ignation shall be filled by selection 

made by the remaining members of the Code Authority from the 

Industry group in which the vacancy occurred. 

Subsequent election · shall be conducted in the same manner above 

(lescribed, E>xcept that the Code Authority of the Popular ~1usic 

Publishing Divi ion shall act in place of the Code Committee, unless 

tll" National Industrial Recovery Board slwJl otherwise decide. 

SEC'l'ION 2. In addition to the membership as abo\e provided, there 

may be one: member, without Yote and without co t to the Industry, 

for each of the Code Authorities established in accordance with Section 1 of this Article, to be known as Administration ~1ember , to be · appointed by the N ationul Industrial Recovery Board to serve for 

. nch term as the Board may ;;;pecify. 

SECTION 3. The Code Committee of the Standard lYinsic Publishers and the Code Committee o£ the Popular Mu ·ic Publishers, a1·e. 

hereby designated as tem1J-orary Code Authorities and authorized 

to perform the nece sHry admini ·trntivf) functions for their _respective Divisions until th" Cod Authorities hereinaboYe provided for 

.. hall have been selected. 

SECTIO::'{ 4. Each trade or industrial as.'ociation directly or indirectly participating in thP S€lection or activitie · of the Code Au-
144 

thorit.y :hall (1) impo.~c no jner1uitable re. triction on member hip~ 

and (2) . ubmit to the National In ln. trial Reco\ery Board true 

copie of it. article· of as ociation, by-laws: regulatiOn , and anv 

amendment. when male thereto, together with ... uch other informa- tion a to member ... hjp. organization, and activitie. a the National 

Indu .. .Jrial Recm·ery Board may deem nece .... _ary to effectuate the 

purpo e of the Act. l ECTIOX n. In order that both Code Authoritie ha ll at all time 

b . truly repre entative of the Indu try and in other re pects com.pl · ·yrith the pro vi ion of the Act~ the National I ndu trial Reco\er 

Board1nay pre cribe uch hearing a. the Board ma.y deem proper · and thereafter if the Board hall find that. a Code Authority is not 

trnlj repre entati'e or doe not in ther re pect comply with the 

provision. of the Act may require an appropriate modification of 

the Code Authorit}. 

ECTIOX 6 . .L othing contained in thi. Code :hall con titute the 

Jncmber of a Code Authority partners for any purpo e. Nor hall 

any m mber of a Code Authority be liable in any manner to anyone 

for any act of any other member, officer: agent or emplo ee of the 

ode ~\.uthority. Nor hall any 1nember of a Code Authority exeri ing rea onablc diligence in the conduct of hi lutie hereunder, be 

liable to anyone for any a tion or omi ~ ion t act under thi Code~ 

except for hi own willful malfea ance or nonfea ance. 

~ECTIOX 7. If the National Indu trial Re oYer Board . hall at 

an.· time determine that any action of a Code Authority or an~ 

agency thereof may be unfair or unju t or contrary to the public 

intere t. the National Indn. trial RecoYery Board ma\ require that , n h action be ·u ·pended to afford an opportunity for inve tigation 

of the merit- of . uch action and further consi leration b ·uch Code 

~\..nthorit:r or agency, pending final action which shall not be effective 

unle. the X ational Indu trial Reco\ery Board appro\es or unle-· 

the Board hall fail tD eli appro\e after thirty (30) day notice 

to the Board of intention to proceed ''ith uch action in it original 

or modifie l form. 

SECTION" • Po wers and Duties.- ubject to . nch rule. and regula- tion a may be i ·sued by the X ational Indn trial Recovery Board 

each ode _-\.uthority .... hall haYe the follo\\ing power and dutie , in . 

addition to tho e authorized bv other pro\i ion of this Code : 

(a) To in"ure the execution of the pro vi. ·ion · of this Code and 

to proYide for the compliance of the Inclu try with the provi ion 

of the Act. 

(b) To a clop by-law · and rule and regulation for it procedure. 

(c) To obtain from n1ember of it Diyi-ion through a onfi lential 

agen y uch information and report a are required for the adminL- tratioil of the ode. In addition to information required to be ubmittecl to the Code An tho ·ity. member of the Indu try nbjec to 

this ode .Jwll furni h uch tati ti al information a the National 

Industrial RecoYer.' Board may deem nece ~ ar~~ f r the purpo . 

recited in ~ ection 3 (a) of the Act to . uch Federal and tate agencie. a the Board mav de ignate · pro,ided that nothing in thi Cod hall 

relieYe any men1ber of the Incln try of an' e.si tinO' obliO'ation to 

furnish r 1)orL to an~' TOYernmentnl agenc:y. ... -o indiYi<.lual report 

.... hall be di .... elo::,ed to an' other mcmb r of th liH1n trv t r anv other ~ ~ ~ 
l j_-

~J 

party except to ·uch other Govcnuncntnl ag(•ncies n._· ma.v Le chrcctccl 

by the National Industrial Recovery Hoar 1. antl to the Coordinating 

Committee upon its reqne:t pursuant to Arti.cl YII, ~ 'ection 2 (b) of 

this Code. 

(d) To use :uch trade a ·sociations and other agenc.i.e ~ as it deems 

proper, subject to the eli approY~tl of the National Industrial RecoYery Board, for the, carrying out of any of its actiYities proYided for 

herein, provided that nothing herein shall relieve the Code Authority of its duties or re ponsibilitie-· under this Code, and that such 

trade association.· an l agencies "'hall at all time be subject to and 

comply with the prm isions hereof. 

(e) 1. It being found nece . ary in order to support the. allministration of thi Code, and to maintain the stanr:lards of fair competition established hereunder, and to effectuate the policy of the Act 

each Code Authority j · authorized: 

(a) To incur snch reasonable obligations ns arc nec ~ ·ary and 

proper for the foregoing purpose.· and to me-t such obligations out 

of the funds which may be. rai eel as hereinafter proYided and. '"hich 

shall be held in trnst for the purpos€s of the Code: 

(b) To submit to the N ationnl Indu ·trial RecoYery Board fol' th-. Board~s approV"al, subject to such notice and opportunity to b 

heard as the Boanlmay deem ne~s ·ary, (1) an itemized budget of 

it cstima tad expense. for the foregoing purposls and ( 2) an equitable basis upon which the funds necec::-·ary to support ·nch budget shall be contributed by members of the IncltL'try within their 

r espective clivi. ions : 

(c) After such budget and ba. i · of contribution have been approved by the National Indn trial RocoYery Board, to determine 

ancl obtain equitable contributions ~1 · aboYc et forth by all member of the Divi ion, and to that end, if necessary, to institute legal 

p1·oceeding therefor in its own name. 

2. Ea-ch member of the Industry shall pay hi.· or it. equitable 

contribution to the expenses of the mainttmance of the Code Authority for his Di\ision, determined as hereinabove provided, and subject to rules and regulations pertaining thereto i._ .:;ued by the National 

Indn trial RecoYery Boarcl. Only member of the Inclu try comply- jug with the Code nncl contributing to the expenses of its admini ·- tration as hereinaboYe provided, (unles · duly exempted from1naking .-uch contribntion), -.:hall be entitled to participate in the selection 

of members of the Code Authority, or to receive the benefit. · of any 

of its voluntary actiYities, or to make use of any emblem or in-·ignia 

of the National Recovery Administration. 3. Neither Code Authority ·hall incur or pay any obl]gation substantially in excess of the amount thereof a. · estimated in its approved 

budget, an l shall in no event exceed the total amount contained in th 

approYecl budget, except upon approval o£ the National Industrial 

Recovery Board; and no subsequent budget ·hall contain any deficiency item for expenditures in excess of prior budget estimate.· 

e:s:cept tlw. c which the National Industrial RecoYery Boar l hall 

have so approYec.l. 

(f) To re ommend to the Kational Industrial R"coYerr Boarcl 

any actions or 1neasnre · deemed advisable, including further fair 

trade practice provi ·ion. to goYern membt:- rs of the Industry in their 
146 

relations with each other or \Yith othel' industries; measures for 

industrial planning. nnd stablization of employnient; and including 

modifications of thi. · Code w·hich shall become effective' as ·part hereof 

upon approval by the National Industrial Recovery Board after 

.-uch notice and hearing as the Board may specify. 

(g) To appoint a Trade Practice Committee which shall meet 

with the Trade Practice Committees appointed under such other 

codes as may be related to the Industry for the purpose of formulating fair trade practices to govern the relationship between 

employers under this Code, and under such other codes, to.-the end 

that such fair trade practices may be proposed to the National ·· Industrial RecoYery Board a. amendm.ents to this Code and such 

other codes. 

(h) To provide appropriate facilities for arbitration, and subject 

to the approntl of the National Industrial Recovery Board, to prescribe rules of procedure and rules to effect compliance with awards 

and detenninations. (i) Any interested partie· shall have the right to appeal to the 

'N a.t.iona l Industrial Recovery Board under such rules and regulations 

as the Board may prescribe in respect to any rule, regulation. or 

other ·ourse of action is. ued or taken by the Code Authority or 

those to whom it may delegate any part of its powers, provided, 

however, that appeals on questions involving the provisions of the 

Code relating to honrs, wa o·es, and conditions of employment shall 

be made h1 the first instance to the JHnsic Publishing Coordinating 

Conunittee, pursuant to such rules as said Committee, with the 

appron1l of the National Indu -trial Recovery Board, may prescribe. 

ARn 'UJ \II-ORGANIZATION, P owERS AND D unEs m' THE ~f sro 

P unLISHING CooRDINATING Coi.\I ~HT'l'EE. 

SECTION 1. Organizat-ion.-(a) There is hereby established a 

National Coordinating Committee to be known as the Music Publi. hing Coordinatino· Committee. 

(b) The ~1:n c Publishing Coordinating Committee shall consi. t o£ five ( 5) members to be selected as follows: 

Each Code Authority shall within fifteen (15) days after its 

election as hereinbef·ore provided and annually thereafter, designate 

two (2) members of the Coordinating Committee, and alternate 

members;, and in the absence of any member of the Committee his 

designated alternate shall be entitled to sit upon said Committee. 

The fifth ·member of the Committee shall be selected by the four 

member.~ so chosen and an alternate for such fifth member shall be 

designated in the same manner. In the event of any resignation 

or termination of membership on the Committee of any member 

for any cause, the Code Authority originally de~igna.ting such 

member shall de ·ignatB his sncce sor and alternate. The members of the Committee for the Divisions and their alternates shall be . ·ubi ect to reca ll and replacement by the respective 

Code Anthoritie. designating such members. (c) Each member o£ the Committee shall have an equal Yote upon 

all questions, motions, re. olutions, or is nes coming before said 

Committee. 
147 

(d) In addition to membership as above provided, there may 

be one member, without vote and without cost to the Industry, 

to be known as the Administration Member, appointed by the National Industrial Recovery Board to serve for such term as the 

Board may specify. 

SECTION 2. Powers a'nd d1JJ.ties.-Subject to such rules and regulations as may be issued by the National Industrial Recovery Board, 

the Music Publishers' Coordinating Committee shall have the following powers and duties: 

(a) To decide questions involving the provisions of this Code 

relating to hours, wages, and conditions of employment upon appeal from either Code Authority. 

(b) To obtain from the Code Authority such information and 

reports as are required for the administration of the powers and 

duties specified in paragraph (a) above. All such information and 

reports shall be kept confidential and shall not be disclosed except 

to a Governmental agency entitled thereto. 

(c) To adopt by-laws and rules and regulations for its procedure. 

(d) To adjust differences that may arise between Code Authorities, or between a member of a Division and a Code Authority to 

which such member is not subject. 

(e) To represent any Code Authority and/ or member of the 

Division before the National Recovery Administration, upon the 

request of a Code Authority. 

(f) To authorize the payment of its reasonably necessary expenses 

of administration, which are to be prescribed in an annual budget 

not to exceed five hundred ($500.00) dollars, which shall be ubmitted 

to theN ational Industrial Recovery Board for the Board's approval. 

(g) To determine and collect its cost of admini tration, as provided herein, from the several Code Authorities, or in default thereof, 

from the respective members of the Divisions within their particular jurisdiction. Said costs of administration shall be assessed 

against the respective Code Authorities on the basis of the number of 

employees in their respective Divisions for the preceding calendar 

year. 

(h) To bring to the attention of the National Indu trial Recovery 

Board provisions of other codes which apparently conflict with the 

provisions of this Code, or which create unfair competitive conditions, and to make recommendations with respect thereto. 

(i) To bring to the attention of the proper Code Authorities ques- tions arising as to jurisdiction out of the definition set forth in 

Article II, and to recommend to such Code Authorities the action to 

be taken with respect thereto. 

(j) To recommend to the National Industrial Recovery Board . any amendments to, additions to, or eliminations from this Code 

necessary to correct any such questions of jurisdiction or discrepancies, and any such amendment, addition, or elimination shall become 

effective upon approval by the National Industrial Recovery Board 

after such notice and hearing as the Board may prescribe. 

(k) To make recommendations to the National Industrial Recovery Board for the coordination of the administration of this Code 

with such other codes, if any, as may be related to or affect members 

of the Industry. 
148 

(1) To u c such agencies as it deems proper for the carrying out 

of any of its activities provided for herein, subject to the disapproval 

of the National Industrial Recoyery Board, provided that nothing 

herein shall relieT'e the Coordinating Committee of its duties or 

responsibilities under this Code and that such agencies shall at all 

times be subject to and comply with the provisions hereof. 

(m) If the National Industrial Recovery Board at any time shall 

determine that any action of the Coordinating Committee or any 

agency thereof may be unfair or unjust or contrary to the public 

interest, the National Industrial Recovery Board may require that 

such action be suspended to afford an opportunity for investigation 

of the merits of such action and further consideration by the Coordinating Committee or agency pending final action which shall 

not be effected unless the National Industrial Recovery Board approves or unless the Board fails to disapprove after thirty (30) days' 

notice to the Board of intention to proceed with such action in its 

original or modified form. 

(n) The powers, authority, and duties of the Music Publishers' 

Coordinating Committee relating to the administration and enforcement of this Code shall be stnctly limited to those hereinbefore 

specifically granted or imposed. 

( o) Any interested parties shall have the right to appeal to the 

National Industrial Recovery Board under such rules and regulations 

as the Board may prescribe in respect to any ruling, regulation, or 

other cour e of action i sued or taken by the Coordinating Committee, or those to whom it may delegate any part of its po\\er. 

ARTICLE VIII-TRADE PRACTICE RuLEs 

1. No member of the Industry shall pay or give, directly or indirectly, or in any other manner present to any performer, singer, 

musician, or orchestra leader, employed by or otherwise performing 

under contract for another, or to their agents or representatives, any 

sum of money, gift, rebate, royalty, favori or any other thing or act 

of Yalue, when the purpose is to induce sue 1 person to sing, play, perform, or to have sung, played, or performed, any works published, 

copyrighted, owned, and/or controlled by such member of the 

Industry. 

2. No member of the Industry shall furnish without charge to 

any performer, singer, musician, orchestra leader, or other professional person, any copies other than regular professional copies of 

musical compositions published by such member or regularly publi heel orchestrations of such musical compositions; it being intended 

that no member of the Industry shall furnish pecial arrangements of 

such professional copies or such orchestrations to any performer, 

singer, mu ician, orchestra leader, or other professional person, or to 

any one designated by, or representing, or a sociated with such 

persons, nor pay such persons for the making of any such arrangements. If, howeYer, any member of the Indu try permits such 

persons to make a special arrangement the-n no member of the Industry shall extract parts or other\\i e copy such pecial arrangement 

thus made, either in whole or in part, nor pay for such extractions 

or copying; but nothing contained herein shall be deemed to limit 

the tran position of any musical work from one key to another. 
149 

3. No member of the Industry shall: (a) purchase tickets, or pay 

for any advertisement in the program, for any benefit, performance, 

dance, or similar function, if the purchase is in effect a gift to, or 

a favor for, any performer; (b) pay for any advertisement in a catalogue of a mail-order house; (c) pay for any advertisement in a 

dealer's and/or distributor's catalogue or house-organ; (d) insert 

advertising in any trade paper, or other like periodical, if the advertisement is intended to " puff", flatter, compliment, or exploit 

any performer, singer, or orchestra leader. . 4. No men1ber of the Industry shall pay, present, or otherwise 

give any money, service, favor, or thing or act of value, to any 

owner, lessoo, manager employee, or other person in control of or 

interested in, any tall\:ing machine company, radio broadcasting 

company or station, electrieal transcription company, motion picture 

company, or any place of public entertainment, for the privilege of 

performing, recording or reproducing, or having performed, recorded 

or reproduced, in such places, any works published, copyrighted, 

owned and/or controlled by such member of the Industry. Any 

member of the Industry may engage the facilities of a broadcasting 

studio or hire any theatre or other place of public entertainment for 

the purpose of having performed therein any of the musical compositions published~ copyrighted, owned and/or controlled by such 

member, provided however, that a public announcement is made at 

such performance that the performance is at the expense of such 

member and for the purpose of exploiting the said musical compositions of such member. 

5. No member of the Industry shall pay, or contract to pay any 

compensation, of any nature whatsotwer, either as royalties or otherwise, to any performer, singer, actor, musician or orchestra leader, 

or any agent or representative thereof, either directly or indirectly, in 

connection with the publication in printed form of any song or other 

musical composition, unless such person shall be the bona fide composer, arranger, or writer of the words and/ or music of such song or 

musical composition. 

6. No member of the Industry shall give, permit to be given, or 

offer to give, anything of value for the purpose of influencing or 

rewarding the action of any employee, agent, or representative of 

another in relation to the business of the employer of such employee, the principal of such agent or the represented party, without the 

knowledge of such employer, principal or party. This provision 

shall not be construed to prohibit free and general distribution of 

articles commonly used for advertising except so far as such articles 

are actually used for commercial bribery as hereinaboYe defined. 

7. No member of the Industry shall give away, directly or indirectly, or through any subsidiary or associated company, or through 

any person employed by such member, copies of music or other 

musical material except for the bona fide purposes of "sampling", 

either to the trade or to professional performers. All such copies 

of music and musical material given away under the provisions of 

this Article must be plainly marked in some appropriate manner 

to indicate that they are not for resale. Each member of the Industry shall keep in some appropriate manner an accurate account of 

the merchandise thus given away. 
150 

8. No member of the Industry shall publish advertising (whether 

printed, radio, display, or any other nature), which is misleading or 

inaccurate in any material particular, nor shall any member of the 

Industry in any way misrepresent any services, policies values, 

credit terms, products, or the nature or form of the business conducted. ~. No member of the Industry shall publish or sell any book of 

songs, pamphlet, song sheet, or other compilation of songs, or the 

lyrics of songs, without the special written permission of the several 

copyright owners whose works appear in such compilation. 

10. No member of the Industry shall pay, furnish, bestow, or in 

any other manner, directly or indirectly, present to any customer, 

teacher, or any person, firm., or corporat.ion whatsoever, or to their 

agents, or any one representing them, any swn of money, gift, bonus, 

refund, rebate, royalty, service, or any other thing or act of value 

in excess of published rates and discounts, as a bribe, secret rebate, 

or other inducement to acquire any business or custom from such 

person, firm, or corporation. 

11. No member of the Industry shall pay transportation charges 

in any form whatsoever upon any musical works sold, consigned, or 

otherwise designated for shipment to a purchaser or prospective 

purchaser, except in instances where musical works are sold for cash 

or where delivery is to be made within the recognized local delivery 

limits of the city within which such member is situated. 

12. No member of the Industry shall wilfully induce or attempt 

to induce the breach of existing contracts between competitors and 

their customers or sources of supply, either foreign or domestic, or 

otherwise interfere with or obstruct the performance of any such 

contractual duties or services, with the purpose and effect of hampering, injuring, or embarrassing competitors in their business. 

ARTICLE IX-OPEN PRICE FILING AND CosTs 

SECTION 1. vVhen the Code Authority for either Division by a 

majority vote shall deem. it desirable, each member of the Division 

concerned shall file with a confidential and disinterested agent of 

the Code Authority, or, if none then with such an agent designated 

by the National Industrial Recovery Board, identified lists of all 

of his prices, discounts, rebates, allowances, and all other terms or 

conditions of sale, hereinafter in thi article referred to as "price 

terms", which lists shall completely and accurately conform to and 

represent the individual pricing practices of said member. Such 

lists shall contain the price terms for all such standard products of 

the Industry as are sold or offered for sale by said member, and 

for such non-standard products of aid member as shall be designated 

by the Code Authority. Said price terms shall in the first instance 

Le filed within ten (10) days after the Code Authority for such 

Division shall have voted to establi h this price filing system. Price 

terms and revised price terms shall become effective immediately 

upon receipt thereof by said agent. Immediately upon receipt 

thereof, aid agent shall by telegraph or other equally prompt means 

notify said member of the time of such receipt. Such lists and revisions, together with the effective time thereof, shall upon receipt be 
151 

immediately and simultaneously distributed to all members of the 

Division and to all their customers who have applied therefor, and 

have offered to defray the cost actually incurred by, the Code Authority in the preparation and distribution thereof, and be available for 

inspection by any of their customers at the office of such agent. Said 

lists or revisions or any part thereof shall not be made available 

to any person until released to all members of the Division and their 

customers, as aforesaid; provided, that prices filed in the first instance shall not be released until the expiration of the aforesaid ten 

(10) day period. The Code Authority shall maintain a permanent 

file of all price terms filed as herein provided, and shall not destroy 

any part of such records except upon written consent of the National 

Industrial Recovery Board. Upon request the Code Authority shall 

furnish to the National Industrial Recovery Board or any duly designated agent of the Board, copies of any such lists or revisions of 

price terms. 

SECTION 2. When any member of the Division has filed any revisions, such member shall not file a higher price within forty-eight 

(48) hours. 

SECTION 3. No member of the Division shall sell or offer to sell 

any products of the Division, for which price terms have been filed 

pursuant to the provisions of this Article, except in accordance with 

such price terms. 

SECTION 4. No member of the Division shall enter into any agreement, understanding, combination or conspiracy to fix or maintain 

price terms, nor cause or attempt to cause any member of the Industry to change his price terms by the use of intimidation, coercion, 

or any other influence inconsistent with the maintenance of the free 

and open market which it is the purpose of this Article to create. 

SECTION 5. The standards of fair competition for the entire Industry with reference to pricing practices are declared to be as follows: 

(a) Wilfully destructive price cutting is an unfair method of competition and is forbidden. Any member of either Division of the 

Industry or of any other Industry or the customers of either may at 

any time complain to the Code Authority of the Division that any 

filed price constitutes unfair competition a destructiYe price cutting, 

imperiling small enterprise or tending toward monopoly or the impairment of code wages and working conditions. The Code Authority of the Division concerned shall within five ( 5) days afford 

Hn opportunity to the member filing the price to answer such complaint and shall within fourteen (14) days make a ruling or adjust- ment thereon. If such ruling is not concurred in by either party 

to the complaint, all papers shall be referred to the Research and 

Planning Division of NRA which shall render a report and recommendation thereon to the National Industrial Recovery Board. 

(b) 'Vhen no declared emergency exists as to any given product, 

there is to be no fixed minimum basis for prices. It is intended that 

sound cost estimating methods should be used and that consideration 

should be given to costs in the determination of pricing policies. 

SECTION 6. Cost Finding.-Each Code Authority shall cause to be 

formulated methods of cost finding and accounting capable of use by 

all members of their respective Divi ions, and shall submit such 

methods to the National Industrial Recovery Board for review. 

• 
• 

152 

If a.Pproved by the National Industrial Recovery Board, full informatiOn concerning such methods shall be made available to all members of the Division concerned. Thereafter each member of the 

Division shall utilize such methods to the extent found practicable. 

Nothing herein contained shall be construed to permit either Code 

Authority, any agent thereof, or any member of the Music Publishing Industry to suggest uniform additions, percentages or differentials or other uniform items of cost which are designed to bring 

about arbitrary uniformity of costs or prices . 

ARTICLE X-EXPORT TRADE 

SECTION 1. No provision of this Code relating to prices or terms 

of elling, shipping, or marketing, shall apply to export trade or 

sales or shipments for export trade. "Export Trade" shall be as 

defined in the Export Trade Act adopted April 10, 1918. 

ARTICLE XI-~10DIFICATION 

SECTION 1. This Code and all the provi ions thereof are expres ly 

made subject to the right of the President, in accordance with the 

provisions of Sub-Section (b) of Section 10 of the Act, from time 

to time to cancel or modify any order, approval, license, rule, or 

regulation issued under Title I of said Act. 

SECTION 2. Such of the provisions of this Code as are not required 

to be included herein by the Act may, with the approval of the 

National Industrial Recovery Board, be modified or eliminated in 

such manner as may be indicated by the needs of the public, by 

changes in circumstances, or by experience. 

ARTICLE XII-MONOPOLIES, ETC. 

No provi ion of this Code shall be so applied a to permit monopolies or monopolistic practices, or to eliminate, oppress, or eli criminate a o·ain t small enterprises. 

ARTICLE XIII-PRICE INCREASES 

'Vhereas the policy of the Act to increase real purchasing power 

will be made 1nore difficult of consummation if prices of goods and 

services increase as rapidly as wages, it is recognized that price increases, except such as may be required to meet individual cost, should 

be delayed, and when made such increases should, so far as possible, 

be limited to actual additional increases in the seller's costs. 

ARTICLE XIV-EFFECTI\'E DATE 

Thi Code shall become effective on the second ~tfonday after its 

approval by the National Industrial Recovery Board. 

ApproYed Code No. 552. 

Registry No. 509-02. 

0 

UN IVERSITY OF FLORIDA 

II I 1\ \IIIII Ill Ill IIIII IIIII II Ill\ IIIII\ Ill\ Ill \\II Ill\ Ill IIIII I I 

3 1262 08850 2926