October, 1947
THE COIN MACHINE JOURNAL
15
Yes!
Who?
Should Pay the
Performing Fee:✓
Manufacturer,
Recorder,
Operator,
Location?
A suggested Plan to Solve
this Perenniol Problem.
Now-what is the procedure in re-
This is about the season when the
lation to public purveyance of' this
perennial question of record royalties
talent? The union member, whether
and phonograph fees is kicked about
he be Joe Doaks or Spike Jones, hires
by A.S.C.~.P. and N.A.P.A. or the
himself out for a specified tenure of
Federation of Musiclans. There has
time. He hires himself out to the im-
been considerable controversy on the
pressario, the exhibitor, who is the
subject. Rather than a constant dis-
_ party of the first part in his contrac-
ruption some point of agreement
should be found which would dispose • tual relations with the union, The
exhibitor is the employer of the union
of the matter and establish our
me_m ber or talent. - He employs this
economy on a basis whereby manufac-
talent for a one night stand or any
turers, distributo'rs a11d operators
other 'period. Such an employment may •
could anticipate their ultima~e future
be a single accordion player for a
with some degree of certainty.
Saturday night dance or wedding
No solution, however, is possible un-
party-or it may be a week's gala ex-
til the status · of the coin phonograph
travaganza at a hotel dining room or
or juke is established . . No amount of
a big time tlft!atrical personal appear-
crusading will determine an equitable
ance. Still further it may be a guest
policy-such crusading, on the con-
appearance or staff engagement on a
trary, will lead farther and deeper into
radio prpgram. In which case the
ill-feeling and untenable relations be-
location -owner becomes, and is, the
tween all factors. And as so often
employer. The location in any event
happens ultimately take any or all
may be Joe's tavern, the local producer
factors over the Niagara of disaster.
or the radiq station.
So as our contribution to this prob-
lem and our thinking, at the moment,
The talent, whether a drummer, •
for its solution we offer the following: - trumpet or piccolo player is only a
commodity. This commodity is bought
First we want to establish the status
of the operator, which is to say the
by the producer, whether Joe's tavern,
the exhibitor or radio station. This
status of the phonograph. That is pre-
cisely what the A.F. of L. (Federation
much is established and precedent is
well acknowledged and followed in all
of Musicians) have aimed out. It is
what A.S.C.A.P. has sought after for . entertainment. So why should the
years. In the first place the talent
question of who should be recognized
(entertainment) is · the constituent of
in the phonograph music equation be
both A.S.C.A.P., N.A.P.A. and A .F.M . • so confusing ?
That much all are agreed
The location is the producer · in re:.:
lation to the 'phonograph. The opera-
tor is only a means' to this entertain-
ment just as the stage hands, elec-
tricians and all the other hands are.
He is renting or supplying the me-
chanical means for providing this
entertainment. He does not put on the
show-it is the location who puts on
the show. The location is the producer.
As for the question of who pays who
and how much? The answer falls back
into the lap of the producer. The
;evenue • involved, to be sure, travels
thru the phonograph cash box. But
it is the location who , engages the
entertainment because his purpose in
so doing is to furnish entertainment
to attract more patronage for the
goods he sells. Hence it is the location
whose resp~nsibility it is to provide
the means for such entertainment.
Why is it the locatiofs responsi-·
bility? It is the location's responsi-
bility because:
1. The precedent is already estab-
lished in ~he field and is universally
followed.
2. The operator has no control o:t
the talent which is canned and supplied
the location. It comes already pack-
aged at the source for the ultimate use
by the location.
3. Operators, generally, are union
members whatever • their affiliation;
therefore, they are, thru their dues and
( Continued on page 1'6)
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