Evening star., 1933-04-23
RADIO ENTANGLED
|NCQPYR|GHT WAR
Showdown on Rates Asked
for Use of Music Is
Expected Soon.
BY MARTIN CODEL.

~ ETWEEN the organized broad
* casters and the interests that
extend to radio "the kind per-
ers," a veritable state of war has
been declared. Their open breach,
created by an inability to agree upon
the amount radio should pay for per-
forming musical copyrights, will newt
ably lead to litigation and to an in
tensification of radios fight before
Congress for a new deal in the copy
right law.
The fight Is between the National As
sociation Of Broadcasters, representing
more than 200 radio stations, and the
American Society of Composers, Authors
and Publishers, dominant holder of
musical copyrights. especially in the
field of lighter music. The former ac-
cuses the latter of arbitrary and ex-
tortionate royalty demands. The copy
right group accuses radio Of destroying
its former great sources Of revenue,
sheet music and recording royalties, and
insists that its demands represent only
reasonable return for the genius and
efforts of the depressed song writing
and publishing craft.
Old Schedules Ended.
Last Autumn the A. S. c. A. p ter
minated practically all the former fiat
royalty payment arrangements with in
dividual radio stations, and rendered a
contract whereby the stations are to
pay fiat initial or Sustaining" fees plus
per cent of their net receipts from
commercial programs the first year, 4
, per cent the second year and per cent
the third year. The alternative to
signing the contracts was withdrawal
Of its music.
Generally, the new arrangement
means that radio must pay from 300
to 500 per cent more for the privilege
Of performing the copyrights than the
approximately sl,000,000 year it here
tofore has paid. Broadcasters objected
| Strenuously, and their association as
serted the new contracts were signed
under duress." The dureSs, in brief
appears to reside in the fact that the
broadcast impressarios admit that music
| is absolutely essential to their existence;
| that the copyright law, written long be-
fore radio came into being, was Sc
| tightly drawn that they faced infringe
ment suits and fines Of $3.50 for each
and every unauthorized performance OF
a copyright selection If they did not
and that they were offered no other
alternative by E. c. Miller, general
manager Of the A. s. c. A. P.
Negotiations Refused.
| This month efforts were made by the
broadcasters' association to reopen ne
gotiations with Mr.. Mills, who is said
to have turned them away with the as
sertion that no revisions of the contracts
would be considered unless upward The
broadcasters charge breach of faith, de-
claring that Mr.. Mills had repeatedly
stated the doors were open to further
negotiations with former Secretary OF
War Newton D. Baker, who had been
retained by the broadcasters as their
counsel.
This abrupt conclusion to revision
negotiations is interpreted by the radio
people to mean that the gauntlet is
down, and that their fight with A. S. c.
A. P. must now be to the finish Under
Mr.. Baker they propose to pursue litiga-
tion to test the justice of the royalty
demands of the copyright group
Whether this litigation will take the
form Of an Independent suit or an in
sistence that th6 Government press TO,
a dissolution orthe A. S. C. A. P. has moi
yet been decided.