Undaunted, and with continued backing by the ASCAP writers, the Celler Committee, without specific recommendations, referred the matter to the Justice Department, which declined to pursue it in the courts. After dozens of witnesses and 1,200 pages of testimony, the anti-BMI bill stalled in the Senate sub-committee and died. Dozens of BMI writers and publishers - including Governor Jimmie Davis, Sam Phillips, Nat King Cole and opera singer Anna Moffo - rallied in BMI’s defense, appearing before the Congressional committee and writing letters of support. In hearings conducted during this time, the Songwriters of America made impassioned accusations against BMI, condemning rock and roll and all the music that BMI represented.
They found a sympathetic ear in Congressman Emanuel Celler, Chairman of the House of Representatives Judiciary Committee. In the interim, the plaintiffs continued their efforts to grab headlines and the attention of Congress. Their sweeping charges could not be substantiated, and, more than 15 years and millions of dollars in legal and research fees later, the suit was dismissed with prejudice - meaning that it couldn’t be brought again. In what music historians call “the War on Rock and Roll,” a group of 30 ASCAP songwriters calling themselves “the Songwriters of America” initiate a $150 million anti-trust action against BMI, NBC, CBS, ABC, RCA Victor Records, Columbia Records, and 27 individuals, claiming that a conspiracy of broadcasters and record manufacturers was keeping “good music” from being recorded and played on the air.
For most of the following year, most radio stations use only BMI-licensed songs or public domain material. The press calls it a “blackout” or “ban,” but it is, in fact, illegal for broadcasters to air ASCAP music.
#Music rescue license license#
On October 15, BMI holds its first stockholders’ meeting and reports that it has obtained the performing rights to more than twenty-five thousand compositions.ĪSCAP’s five-year radio contract runs out at midnight on December 31, and except for about 200 small stations that had worked out license agreements, broadcasters can no longer use its music. America has about 800 radio stations and by year’s end a total of 660 stations have signed with BMI. Cole and American Music.īy September, BMI has 220 full-time employees. Other major name publishers to join include M.M. The firm’s arrival swells the number of BMI-licensed copyrights, as do Latin, blues and country music songs published by Ralph Peer, whose international catalog proves especially valuable in helping BMI get started. Marks is one of the first firms to leave ASCAP and join BMI. BMI rapidly builds its catalog, establishing itself as a competitive source of music. BMI immediately begins providing new repertoire for radio broadcasts, printing one new popular song a day and 25 new arrangements of public domain music. BMI welcomes all individuals, regardless of their chosen musical genre, and, unlike ASCAP, even if they have no established successful material.Īt the time, most music on radio is performed by live orchestras and entertainers. Neville Miller becomes President, Kaye is elected operating head and attorney, and experienced broadcaster and sales executive, Carl Haverlin, is hired to direct station relations. in New York City and is declared operational.
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