Evening star. [volume] (Washington, D.C.) 1854-1972, 1940-12-01
Radio Music 10 Come
From New Source
Starting Today
Broudcosters to Put Out
Own Compositions to
Fight A. S. c. A. P. Fees
~ WILLIAM J. wHEATLEY

BY WILLIAM ]. WHEATLEY.
While the Justice Department Is
trying to settle by q consent decree
an antitrust suit filed six years
ago against the American Society
of Composers, Authors and Pub
fishers, radio listeners today will
begin to hear their radio music
from new source. particularly on
sustaining programs.
A Justice spokesman said the
department hoped that an agree
ment can be reached to settle the
civil suit, but, If a deadlock is
reached, the Government is ready
not only to proceed with the suit
but to take the case before q grand
jury. Conferences are being held
here three times a week between
Justice attorneys and representa-
tives of A. S. G. A. p.
The case has lain dormant in
the United States Court for the
Southern District of New York for
six years. 1t Is believed the pending
resistance of radio stations and the
chains to a large increase in fees
asked by A. S. c. A. P. in a new
contract has served to revive the
antitrust action.
Payments Would Nearly Double.
In 1899, broadcasters, it was said,
yHAiI Enn
proximately two-thirds OF the
associations total income. The
present contract expires December
81 and the fees sought in the new
contract, it is estimated, would call
for a payment of $8,750, 900 the first
year. The proposed new contract
was presented last March and when
there appeared a probability of dis
agreement, broadcasters formed a
new organization, known as Broad
cast, Music, Inc. to publish music
to replace that controlled by A. S.
G. A. p.
The broadcasters largely objected
to the terms asked for use of A. S.
G. A. p. music. The association, it
was said. will not accept a fee on
the basis Of the number of pieces
used by station, but requires the
station to pay for the whole list Of
pieces controlled by A. S. c. A. p,
on the basis Of a percentage of the
gross income Of station.
The broadcaSterS are building up
list of new composers, and in adj
dition are rearranging old pieces Of
music. A. s. c. A. P, it was pointed
out, in addition to controlling new
pieces by their copyrights, also has
prepared new arrangements Of old
pieces and controls them.
A. S. C. A. r. Music May Be Played.
1t is said the decision of the
broadcasters to use music from their
own company will not close out A.
8. c. A. p music entirely. The ad-
vertiSers who demand such music
may use it, but on agreement with
the publishers association. During
the month of December, however,
it is understood no A. S. c.. A. p.
music will be played on the remote
control programs of popular orches-
tras or on sustaining programs.
Experience has shown, II was de-
elared, that withdrawal Of A. g. G.
A. p. music win not alter the stf.lc-
ture OF radio program schedules. In
1896, 1t was added, all Warner
Bros. music was withdrawn from
the air for six months. This in
cluded some 40 per cent Of A. 8. c. A.
P.'s playable music. During this
period. the production of radio pro-
grams, both commercial and sus-
tanning, continued without any evi-
dence that the listening public was
aware that this music was no longer
being played.