PERFORMING RIGHTS

Evening Post, Volume CXV, Issue 139, 15 June 1933, Page 11

PERFORMING RIGHTS

AUSTRALIAN REPORT

i(k SUPER-MONOPOLY"

TRIBUNAL NEEDED

; The report of tho Eoyal Commission Wiich recently inquired into tho activities of the Australasian Performing Bights Association, was tabled in the House of Eeprosentatives at Canberra recently, reports the "Sydney Morning Herald." The following conclusions were arrived at:—

1. That tho Australasian Performing Rights Association is to all intents and purposes a super-monopoly, controlling, or claiming to control, most of tho music Vrhich users in public must use, and is Üble to dictate its own terms.

2. That disputes have arisen, and are likely to ■ ariso and continue between ihe Australasian Performing Eights Association and practically all classes of users of. musical works in public. .

3. That at present, and under present conditions, tho associated record Manufacturers control tho Australian, market for high-class records, incorporating the best music, and can irajiose such conditions as tHey think fit on records to be made available to users in, public.

4. That under present conditions the broadcasting stations (both national and B class), are dependent on the associated record.manufacturers for records reasonably, required for broadcasting, and without such records broadcasting cannot be efficient.

5. That disputes have arisen, and are likely to arise- and continue, between tho associated record manufacturers and thfe B class stations as to tho terms and. conditions on which the manufacturers' records may bo used for broadcasting. ■

'6.'That the present agreement wiLh the Australian Broadcasting Commission for the use of records is only a temporary arrangement, and tho record manufacturers are in a position to dictate their own terms and conditions for future tiso of records.

i 7. That the public interest demands that harmonious relations should be restored and maintained between 'the jibove parties,-and that some form of tribunal should, failing agreement, determine the dispute between the above parties.

The commission, said tlie report, aspuniedthat somo for.ni of tribunal may be regarded by Parliament as essential, and for that reason it may be unfair to express any definite opinion as to the reasonableness or otherwise of the charges claimed and tho conditions sought to bo imposed by, the- Australasian Performing Bights Association and the associated record manufacturers. •':■■■

The commission expressed eight numbered opinions on the present arrangements, including:—

1. The claims for. .payment of pcr-•foTming-right fees made on the Australian' Broadcasting Commission arc excessive, and the offer mado by the comjYiission, if increased to 6 per cent, of nts revenue, would bo reasonably fair.

2. The rates payable for, 1932. ljy. the J5 class stations arc reasonably ±air. 3. Substantially the other conditions of user offered by the AustralasianPerd'orming Eights Association to both classes o£.stations ,arO: not unreasonable. -.'• •■"■■■..■ •'-■-■'■ ■"■■■.

4. The charges made in respect of picture theatres and similar places of entertainment are excessive, particularly the charges introduced in 1925, and the conditions relating to returns of music performed require modification.

5. The charges made to other, users1 5n public, such-as ship owners, hotels, restaurants,-cafes, etc., may not bo excessive, but they are not^calculated on any reasonably settled basis, and to an extent justify the ' complaints made, j The returns of music demanded require pome- modification. LEGISLATIVE RECOMMENDATIONS. ' After declaring that legislation Was Necessary to protect the interests oJ: the public, tho report recommended that fit first at any rate disputes between associations or organisations, and not ■between individuals, should be made the subject matter of? legislation, and ttiat there should be an amendment to the copyright and patents law. It recommended that legislation to be introduced should provide for the establishment of a tribunal to determine disputes arising out of the performance in public of musical works and records. No permanent court was necessary. "What was needed was some tribunal which could act promptly without formality and with as little expenso to the parties as possible. The suggested legislation should provide that whero disputes arise between A.P.E.A. and the/association of record manufacturers, or the venders on tho one side _ and "broadcasters or other users in public of musical works. Tho Minister .should, failing agreement between tho parties, refer the dispute to some prescribed person, whose decision should be final and binding. _ Other suggestions for legislation are that tho parties should be encouraged to make their own agreements and to i-ender a tribunal necessary only in cases of failure to agree. Provision should be made deeming it lawful for any person to perform in public musical work of record where he proved he had paid or tendered charge, anil had complied with the terms imposed by the tribunal. Tho A.P.B.A. should bo compelled from time to time to file prescribed lists of all musical works on which. authority was claimed to grant performing licences or to collect - fees, and tho law should provide that tho A.P.E.A. should not lye entitled to collect any fees' for licences for performing musical works •which were not specified in such lists. The association should also bo compelled to file statements of all fees and chargos which it proposed to collect as compensation for the issue or grant of licences, and provision should be made for revising fees and charges. It should be mandatory upon the association to file accounts of receipts and distribution of fees collected by it, and of accounts of fees received from the association and distributed by its mem-

: Another clause should provide that n performing fee should not be payablo for relaying any musical work by a broadcaster if the broadcaster had paid or tendered tho fee. duo for the performance by the originating station. Referring to tho rcdiffusion of musical works in public whore a broadcaster had been licensed by the owner of the copyright to perforiu that work, the report recommended that the user of the receiving apparatus should not be required to pay performing right. Ihis rediffusion would frdo from payment of additional fees such places as hotels, cafes, restaurants, boarding-housos, and ships, which used loud speakers or similar contrivances for entertaining their clientele. Also included would be loud ipeakera used in shops for demonstrating -wireless sets, and loud speakers »sed in other classes of shops. Legislation should free from charges tho performance of musical works m any place for religious, charitablo, frajtornal, or educational purposes where