RADIO DISPUTE

New Zealand Herald, Volume LXXII, Issue 22172, 27 July 1935, Page 15

RADIO DISPUTE

POSITION UNCHANGED STATION OWNER'S VIEW THE COPYRIGHT QUESTION MORE INFORMATION AWAIFED No change was reported yesterday in Jhe position of the B class broadcasting itations, following the demands nade ■ tjj (! gramophone record interests •oncerriing the broadcasting of recorded Lms. It was s "g£ este d, however, that the situation might have arisen from a legal decision in England. In the meantime stations IZB and IZM will •ontinue their sessions, and IZJ will Remain off the air in conformity tvith the previous decision. «<lt would appear to me," said Mr. y R. Johns, a director of Johns, Ltd., , of station IZJ, " that the s';atement from Wellington that the pos tion jppareutlv is a sequel to the preliminary warnings issued by the gramophone record makers in Australia a rear ago is made by someone not in close touch witih the position, and who had not bothered to make himself fully conversant with the facts as kr.own MayReason for Closing Down " We are inc lined to believe thai the copyright interests in Australia are not » party to this action, but that nome rather obscure legal point has been raised in England, and has resulted in a decision in favour of the gramophone • interests. "jf this is the case, and it involved an appeal action in the English Courts 4 to settle it, it is idle to suggest that anyone in New Zealand could have been acquainted with the circumstances which the gramophone interests say we Know have existed for the last three year. 1 ). "As far as we are concerned, we have not, to our knowledge, broken any Government regulation or infringed! the rights of any other interests during the operation of IZJ, Since the information to hand indicates that gramophone interests may have rights hitherto unrecognised in New Zealand, we have decided to close dow& until the position is clarified." "In General Terms" e executive of the Friendly Road organisation, which controls station IZB, considered the position yesterday. Subsequently the secretary, Mr. H. Bell, said: " If the demand in the London copyright circular can be legally substantiated, then the position- may be serious for th'a B stations in the Dominion. However, the circular is in general terms and without due investigation it is impossible to state its influence on the present position of broadcasting records. " In regard* to our own station, we are in the fortunate position thai; the majority of our transmissions include studio items and devotional sessiions. Recorded items occupy such a relatively small proportion of the time, that if due enforcement of the suggested charge of 10s a record side was caade, we could possibly still carry on with the programmes for the limited time of 25 hours a week, during which we are on the air." « Discussion by Listeners • The circular received by the B stations was discussed at a meeting of the United Listeners' Club last night, and resolutions were passed with the . object of ensuring that the interests of listeners would, receive full consideration and protection. 'These resolutions will be submitted to a combined meeting of • the three Auckland clubs, which are being called together, and will then be forwarded to all listeners' clubs throughout New Zealand preparatory to a proposed meeting in Wellington to consider what action shall be taken. It was stated that the United Club was determined that nothing should be done to injure the B stations, sind it was proposed to take all necessary steps to preserve the rights and established privileges of radio listeners generally. POSITION IN DUNEDIN PRIVATE STATIONS' STAND LISTENERS' SUPPORT SOUGHT [BT TELEGRAPH —PRESS ASSOCIATION] \ DUNEDIN, Friday Speaking on the record ban, JJr. R. Walls, of 4ZM, said he had no intention of closing the station, which would continue to broadcast records. He could see no way out except Government intervention. If one or two subsidised B stations 'sere permitted to nsie records a monopoly, contrary to law, would be created. They looked confidently to listeners for backing, and he was already informed that Auckland, Nelson and Christchurch intended to - fight. ' j The Otago Radio Association, owner of 4ZB, stated that the association was incorporated, -so that if the demands j were enforced the body would be wound up, leaving nothing but the transmitting apparatus to be taken. Mr. Barnett, owner of 4ZO, has replied to the gramophone federation that the matters complained of do not apply, as 4ZO is not a B station, but a private broadcasting station without income. The suggestion is made that the move by the gramophone federation is a preliminary to the next convention to review the gramophone rights situation. XNGLISH LAW ACTION!! DECISIONS BY COURTS. The broadcasting of music was the subject of a case decided by the English Court of Appeal in 1933. The action *as one in which the Performing Rights Society proceeded against Hammond's Bradford Brewery Company. The question raised was whether a Person who, by means of a radio receiving set and loud-speaker, makes Broadcast milsic audible to an audience of the public—in this case, customers of an hotel—gives a pei*formance of that music within the meanlnE of the Copyright Act, so as to render him liable, in the absence of proper consent, to an infringement of J®® copyright. The Court of Appeal that an infringement had ocCMWd. decision was in line with a fjjhng given by the Supreme Court of J* United States in a similar case, a case of the type heard in Gerthe Appeal Court of that country held,, that there was no in- , "iugement. & n action heard before Mr.. JustoV j~ au sham in England in 19:33, in i+fi Gramophone Company, Limproceeded against Steven Cararchne and Company, an interpretap ..was sought of section 19 of the English Copyright Act. 1911. The ques»Wi section was nether it merely save a right to prethe physical reproduction of a or whether it conferred upon owner of the copyright thi? sole jJSnt to reproduce the record in public. v iew was held by the Judge woe the effect of the section. ;