Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-08-02
MUSIC COPYRIGHTS
AFFECT LISTENERS
Business Using Radio Set for
Profit Owe Royalty, Ap.
peal Court Holds.

Every proprietor Of business estab-
lishment who uses the radio to enter
tain his patrons hereafter must Fay q
radio license fee to those copyright
owners" about whom the radio audience
hears so much and knows so little.
The United States Circuit Court Of
Appeals at st. Louis reached this conclu-
SION Thursday in case brought against
q hotel which supplied radio to It's guests
by means Of . central receiving set. The
American Society Of Composers, Au-
thors and Publishers, who are the big
copyright owning people, brought the
suit.
Must Pay for Profit Use.
In brief, the decision, which follows
an opinion rendered in April by the
Supreme Court of the United States
protecting copyright owners, means that
hotel, barber shop, restaurant and other
owners Of receiving sets in public places
actually perform" the music they pick
up from broadcasting stations for o
profit and therefore must pay royalty
to the copyright owners, usually an ar
bitrary annual stipend levied according
to the size q the business involved.
BroadcastNr9 stations now pay roy
alties to the American Society, and, in
some instances, to other copyright own
ers in amounts ranging from $3.50 for
local Horsepower stations to 5000 for
key stations Of networks on an annual
basis. 1t is estimated that the broad
casting stations are paying the society
about 100000 a year in copyright
al boa ne
within its membership leading musical
composers and publishers. In addition,
it collects from every theater which
plays compositions Of It's members the
fee Of 10 cents per seat per year.
Hotels Held wlthin Act.
The Circuit Court ct st. Louis held
that hotels actually perform for profit
within the meaning Of the copyright
act when they make available radio
programs to their patrons. The deci-
sion came in the cases Of the society
versus Jewell-LAsalle Realty Co., which
operate the La Sale Hotel in Kansas
City, Mo. This court originally certi-
fed the case to the Supreme Court,
which, in its decision of April 81, held
that the transmission Of broadcasts. Of
copyrighted musical compositions by
hotels to their guests constituted q per-
torrance WITHIN the meaning OF the
copyright act. The Supreme Court,
however, did not pass upon the ques-
ton of whether such hotels perform
for profit
Guided by the ruling Of the highest
tribunal, however, the Circuit Court
now has determined that such perform
ances are for profit. 1t ruled that the
La Sale Hotel could be liable for
infringing the copyright Of q musical
composition.
Decree Reversed.
at having been thus determined"
said the Circuit Court, referring to the
Supreme Courts action, that the speci-
fed acts of the hotel proprietor con-
stituted a performance. we are Of the
opinion that the record discloSes that
the performance was a public one and
was for profit. The words public per-
Torrance for profit have received a
liberal Interpretation"
The decree Of the lower Federal Court
In Kansas City, Diminishing the bill for
copyright infringement as to the jewell
Lasalle Co., was reversed by the Cir
cult Court, and the cause remanded for
further proceedings consistent with its
opinion and that Of the Supreme Court
The fine for violation of the copyright
law is from $3.50, for innocent in
fringement, to $1,000.
Copyright. 1879