RCA v. Whiteman and the Case for Radio Broadcast Rights

Paul Whiteman advocated for the rights of recording artists through such organizations as the National Association of Performing Artists (NAPA). This chapter locates Whiteman at the epicenter of early commercial radio and the challenges it posed for musicians. It traces efforts of Whiteman and fellow bandleaders, such as Fred Waring, to resolve legal and economic problems caused by antiquated copyright laws and new broadcast media technology. It offers an analysis of the landmark 1940 RCA v. Whiteman case and its impact on radio broadcasting. Whiteman lost with the court ruling that once someone purchases a record, they are free to use it as their property, including to broadcast it. The case directly shaped the American experience of recorded music, and Whiteman became a radio disc jockey himself.