B. M. I. Consents

Last week B. M. I. got out from under a Department of Justice anti-trust suit by "consenting to refrain from monopolistic practices." In its agreement with the Department, B. M. I. promised among other things to license its music on a pay-when-you-play basis, to permit customers to choose tunes they liked without taking the whole B. M. I. catalogue, to offer its music to all users of the same class on equal terms. Since ASCAP hasn't yet given in to the Department, B. M. I.'s consent decree will not go into effect until all dangers of competitive disadvantages are passed.

Still fighting mad last week was ASCAP. Having scored a success with its first ASCAP on Parade program, it kept the show zooming along by playing two new songs by Irving Berlin. One was an anti-Hitler ballad called When that Man is Dead and Gone, the other: Little Old Church in England. On hand were Al Jolson, Ethel Merman, Benny Fields and Hildegarde.

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