Evening star., 1930-12-07
Radio Copyright Issue
COnfronts Supreme Court
BY HARDEN COLFAX.


right is about TO come before the JUS
tices of the Supreme Court of the United
States for decision. Just now it Is
worrying radio broadcaSting systems,
program directors and even the receiv-
ers Of radio programs. Gases now be-
fore the Supreme Court deal directly
with the extent to which broadcasters
can transmit over the air music, plays
and stories protected by copyright.
The associated authors, music writer's
and publishers through their attorneys
have pounced on the broacasting sta
tions and have collected $3.50 each for
many Of the alleged violations Of copy
right. That Is the sum specified by
law for such violations. But the COM
plications do not end there. There Is
bitter controversy as to what conSti-
tutes q violation Of copyright.
Even If the broadcaSting station or
the network-and the networks are
asked to pay a certain sum for each
station-has bought the right to broad
cast a song, play or story, the question
remains as to what can be done with 1t
by those who receive it. The problem
involves the question whether q sta
tion or another system which receives
the copyright program can pick 1t UP
and rebroadcast it without penalty.
One case before the Supreme Court
deals with the rights Of hotel In
Kansas City. The hostelry receives its
programs from local stations, which
are part of national networks. The
hotel has radio set in every room and
redistributes these programs to its
guests. 1t is contended by one side
to the suit that since the hotel uses
this facility in serving its guests, 1t is
violating the copyright Of the authors
on the program.
Hotel Enters Denial.
This is vigorously denied by the hotel,
which points out that no possesSor of
q receiving set has any means Of know
ing whether or not the broadcaster has
purchased the right to broadcast q
song or story or piece Of music from
moreover, that q suit may even be
brought against the private owner Of
radio set provided he receives some
pecuniary beneflt, even II roundabout,
by letting others listen to his set as 1t
receives pieces which violate copyrights.
These problems have never disturbed
the courts before. There Is nothing
in the code Napoleon or, indeed, in
Blackstone which gives anything but
the basic principles of common law and
property rights to govern such htiga-
Court, therefore, Is Of far reaching i'm
poftAnce not only to hundreds Of
authors, actors, musicians and publish
ers but to millions of radio fans and to
broadcasting companies which have
enormous sums tied up in equipment
and in the production Of programs. The
decision. lawyers say, will serve to estab-
lish q precedent which will govern the
decisions of many cases in the future
nh ~ 10
latest Of recreations.
Claim BrOadcastinE Hurts.
Authors, artists, and publishers de-
clare they have been seriously hurt by
the broadcasting OF musical and stage
and literary successes, even when ade-
Quate payment has been made for the
right to broadcast them. They say that
If song Is q success. the broadcasting
stations "plAy It to death" One song
Is heard q dozen times q day on Diff
ferent networks and from different sta
tions and instead Of acting as an adver-
tisement, the authors say, 1t acts as q
slow, and yet not 80 slow, poison.
The broadcasters say that while In
some instances 1t may be true that the
life of success is shortened, the radio
has opened outlsts and provided profits
for 10 songs where one sufhced to fill
the demand before. This, they say, has
resulted in an improvement of quality
quantity and profits for the author and
publisher.
Both sides point to the drop in the
sale of musical instruments as sub
stantiating their arguments. There has
been remarkable recession IN the sale
Of musical instruments in the last year,
according to the Bureau Of the Census,
and Federal officials attribute this In
part to the intense interest which musi-
clans take in radio programs. The
talkies and other recreations, it is
claimed, have done something toward
checking the tendency to reproduce
musical successes in the home through
personal rendition. Others in close
touch with the radio situation declare
the desire to reproduce music heard
over the air ha7 intensified individual
rendition.