Evening star., 1941-01-02
n. B. {. Refuses Plea
OF Navy Band Despite
A. ). T.. A. P. Release
Society Agrees to Waive
Rights, but Chain Won't
Ease Broadcast Ban

The National Broadcasting Co. to-
day refused request by the United
States Navy Band for permission to
play music controlled by the Amer
ican Society Of Composers, Authors
and Publishers over the air even
though A. S. c. A. p. had agreed to
waive its rights for the famed
bands broadCaSts.
1t. Charles Benter, leader of the
Navy Band, had sought permission
to broadcast the SOCiety'S tunes after
John G.. Paine, A. S. c. A. P gen.
eral manager. had informed him
that the band could use A. S. c.
A. controlled music as long as its
broadcasts remained non-commer-
cial
However, Kenneth Berkeley, man.
ager OF N. B. c. in Washington, said
he received word from New York to-
day that N. B. c. will not allow the
band to use A. S. c. A. P. music de-
spite the waiver N. B. C. and other
members Of the National Associa-
ton of Broadcasters banned A. S. C.
A. P. music after expiration of
A. S. G. A. P.s contracts at mid
night New. Year Eve.
Sets Policy on Requests.
Our legal department feels that,
regardless Of waivers granted by
A S. c. A P. the lack of a license
makes it legally unwise to use music
controlled by the society,"" Mr
Berkeley said.
He added this policy would be fol-
lowed in dealing with all similar re-
quests in the future
Harry Butcher. vice president in
charge of the Columbia BrOadcaSting
System in Washington, said c. B. S.
has received no such requests, but
indicated that the chain would not
make any exceptions in It's ban OF A.
S. c. A. P. music.
The Central Union Mission, which
presents program of religious music
over VOL Saturday nights, also had
asked A. S c. A P. TO permit 1t to
continue using religious music con-
trolled by the society, but had re-
celved no official reply today. VOL
officials said they would make no
decision until Mrs. Jean Bennett.
superintendent Of the Central Union
Mission, had heard from A. S. c. A.P.
Familiar Numbers Missing,
Another development was an an
nounCement that Homer Rodeheaver,
Chicagos famed singing evangelist,
will meet the A. S. c. A. P. ban by
sending his sister. Mrs. Ruth Rode
heaver Thomas, to present a live
show" wherever his Gospel Singers
program records cannot be aired.
Mrs. Thomas revealed this plan yes
terday at the Central Union Mis-
sion's New Year reception.
Meanwhile. many familiar musi-
cal numbers were missing from
radio programs today as most of
the Nations brCadCasting stations
did without A. S. c. A. P. controlled
music
It was the second day after eX-
piration of A. S. c. A. P.'s contracts
with the National Association of
Broadcasters-an expiration result
ing from the broadcasters' refusal OF
A. S. c. A. Ps terms. which the
n. A. B said would cost the radio
industry S9000000 year.
Listening Posts Set Up.
One of the first differences noted
by radio listeners was the virtual
absence of college band music from
the various bowl" football. games.
Sports broadcasters worked from
sound-proof booths to prevent any
A. S. c. A P. music from finding its
way into the microphoneS. While
all college songs are not A. S. c.
A. P. property, broadcasters said
they hesitated to pick up any of
them out Of fear that some mischief
makers might toot one of the for
hidden numbers.
A. S. G. a. P. has set up listening
posts to detect any violations of the
copyright law. The society says that
more than 200 stations have renewed
their contracts, while Broadcast
Music. Inc. set up by the N. A B.
to supply the networks and indi-
vidusl stations with music, said CTS
stations had signed with it.
B. M. I. announced it had taken
out 81 900 900 insurance to indemnify
any station or advertiser sued by
A. S. C. A. P. as result of use of
the new B. M. I. music catalogue.