THE COPYRIGHT POSITION.

Radio Record, Volume II, Issue 13, 12 October 1928, Page 6

THE COPYRIGHT POSITION.

JN another column we traverse at length the position relating to copyright. That statement will show listeners that they have had quite a narrow escape from suffering a complete cessation in the New Zealand broadcasting service. An application from the Australasian Performing Rights Association, Ltd., was addressed to the Supreme Court for an injunction restraining the Broadcasting Company from using musical copyright items. Under the then law that injunction, set down for hearing on October 10, could hardly have been denied. Fortunately there was still time in the last days of the session for Parliament to pass an amending law of a temporary nature. ‘This amending law alters the basis of copyright from the drastic position it formerly held, to provide that till August of next year the position will be reversed. Those desiring to secure copyright fees from the broadcasting of music will for the future have to make claim upon a fund to be established by the payment of up to 74 per cent. of the Broadcasting Company’s revenue. This fund will be administered by a competent body, and claimants upon it will be required to prove their ownership to copyright. Formerly the onus of proof that copytight did not apply was upon the performer, not the claimant. LISTENERS, we think, will agree that it is fortunate the position could be met in time. As we outline elsewhere, the Government has been fully aware of the situation for some years past, and legislation along the lines now passed was drafted some two years ago, but was not put into effect pending the outcome of the International Convention on Copyright, held at Rome a few months ago. New Zealand was represented at that Conference by Mr. S. G. Raymond, K.C., from whom recommendations will be received in due course as to the amendments required in our existing copyright law to establish equity as between the owner and the public. AN interesting sidelight in the position as outlined is the tax upon its business organisation which these copyright demands have made upon the Broadcasting Company. To comply with the requirements of the Australasian Performing Rights Association, a wealth of detailed routine has been necessary, as well as the payment of some £3000 per annum. On the inception of the agreement between the Government and the Company, no such tax or detailed service was contemplated. These negotiations have extended over the past three years-the very period when fullest effort was necessary to establish and build the service-and it will be apparent to listeners that a great deal of time and effort, unproductive to direct and immediate broadcasting, has been involved. Several other major matters in a somewhat similar category have also needed attention, so that it is obvious, in the pioneering days of broadcasting, much effort has been required to secure right and just treatment for this new modern convenience. This glimpse behind the scenes will enable listeners to appreciate that all the problems of broadcasting have not been on the surface. So far as the copyright issue is concerned it will be to the interests of listeners that this payment should be adjusted to a basis which, while being equitable to the individual owner of copyright, shall be fair to listeners themselves, and enable them to enjoy all that they wish in music. The amending legislation now provided will permit au absolutely free choice in music till at any rate August of next year.