THEIR OWN FAULT

Evening Post, Volume CXI, Issue 17, 21 January 1931, Page 10

THEIR OWN FAULT

POSITION EXPLAINED

From an official source, a "Post" reporter gathered interesting information regarding the position as it affects all broadcasting stations, A as well as B class, and, for that matter, all public performances. v The Performing Right As'socia- ■ tion, it was explained, was an organisation, whose object was to secure for the composer, author, or artist of a musical work or other copyrighted form of entertainment, a return for his or her part in the item. Prior to the general introduction of such entertainment ag broadcasting, the composer secured that return through the royalty payable on each copy of the music sold, but to-day that return has almost disappeared. The Board of Control in London was composed of men of the very highest'standing, composers, performers, and publishers, and the association had been built up into a very strong body indeed. No matter what view one might have of the claims made by the association, it was exceedingly difficult to argue that the claims were not legitimate. Certainly that was the. view of the Courts, for, as far as was known in Wellington, the association had won every case contested in Australia and New Zealand. Recently an international conference was hold and a representative of the New Zealand Government attended, and later suggested regulations, which were adopted, to protect both sides. When the Performing Right Association was formed it purchased certain copyrights held by others to bring them under one head, and gradually extended its operations to, all parts of the British Empire, while extension is now taking place to practically every European 'country.' The association requires of New Zealand that performances given, whether orchestral, vocal, etc., shall be listed each day, and that each week .the lists shall,.bo forwarded to the Australian Performing Right Association in Sydney, and the performer, etc., or executors, is credited with his share of the royalty payable in respect of the performance given. Every picture housd in New Zealand pays royalty i"ights, ranging from £.5 to £50 per annum, and nominal charges are also made where public concerts are given, e.g., about 2 per cent, of the payment made to contributing artists, except where the hall already pays a licence fee to the association, in which case no charge is made. • OVER £5000 FROM A STATIONS. Included in the report of the sixteenth annual meeting of the Performing Right Association in London appears a note: "Certain moneys which had been held by tho New Zealand Government in respect of broadcasting royalties, amounting to about £5600, have been handed over to the Australian Association, which has been recognised by the Government as the only organised body representing copyright owners iin New Zealand, and therefore the; proper body to receive the money. The Australian Association has since been able to make a satisfactory contract with the New Zealand Broadcasting Company, and also with the Australian Broadcasting Company." The Now Zealand Broadcasting Company is making regular payments, for there "is no way. out of it. . . B CLASS STATIONS WARNED. As far as the B class stations are concerned, the reporter was informed, those which were wide awake have known of j the position from the beginning, and in May last met to form an association of j their own. The delegates prosent were, informed by tho manager of one of .the ! B class stations that a copyright on records used for broadcasting purposes was to be exercised, and that the royalty stamps on records merely covered the mechanical operation and not the actual music. Tli^ same ' day< they waited uppn the secretary of the Post and Telegraph Department and drew attention to the Copyright Bill, at that time fairly new, and they were informed by the Department that the Bill was no,t introduced to prevent payment, but fof the purpose of regularising it, and to require the Australian Performing Right l Association to make its claims in a regular way. In June the A.P.R.A. issued a letter to each B class station holder stating that until 30th September, 1930, the association was agreeable to the broadcasting of musical works in its repertoire without the payment of performing fees, upon the condition that the station holders would record weekly details ana" particulars of the items, composers, publishers, etc. The period was later extended to 31st December, and station holders were informed that the majority were not abiding by the arrangement with the A.P.R.A., which impressed upon them the necessity of complying with the conditions, otherwise permission to broadcast freely would be withdrawn. In October only nine of the 21 B class stations then operating were sending in properly completed forms, and in November the A.P.R.A. informed all B class stations that the association's board of control had decided that for tho peviod of twelve months from 31st January, 1931, the B class stations in New Zealand should be requested to pay the A.P.R.A. a sum of £200 for the right to broadcast copyrighted items. It was suggested that the B stations should come to an arrangement between themselves as to making up the £200 on a quota basis. Since then nothing definite jhas been done, the B class station holders had not got together and reached an agreement as to finding the £200. As there are 23 such stations In New Zealand the average amount payable would bo under £10, but under any other arrangement the cost would probably bo considerably heavier. ■ For the B station owners to suggest that the claim made by the Australian Performing Right Association was a

bombshell, something entirely unexpected, was not to place the position in its true light at ail. Thoy had had full knowledge of the position, certain conditions had been laid down, and with those conditions they had not complied. The way was still open to a, much move' satisfactory settlement than would be hoped for by independent action.