Firm Seeks to Bar Radio Show by 9 Artists : Says Broadcast of Ethiopia Benefit Concert Would Violate Pact

Westwood One, a producer-distributor of radio shows, filed suit Friday to halt the live radio broadcast of performances by nine artists and groups scheduled to appear in the July 13 “Live Aid Concert” to raise money for famine victims in Ethiopia.

The concert, to originate from Philadelphia and London, is scheduled to be broadcast live around the world.

In its Los Angeles Superior Court suit, the Westwood-based company claims that it holds written contracts prohibiting the nine artists and groups from allowing any live or previously recorded performance to be aired for any radio syndicator, producer or network other than Westwood One during “periods of exclusivity,” which extend beyond July 13.

The performers allegedly bound by the contracts are The Pretenders, REO Speedwagon, Tina Turner, Rick Springfield, Elton John, Bryan Adams, Tom Petty and the Heartbreakers, The Hooters and Hall & Oates (Daryl Hall and John Oates).

Seeks $10 Million

The suit, which asks $10 million in punitive damages, also seeks to halt the American Broadcasting Co. from continuing to advertise the appearance of the nine performers along with others scheduled to appear.

Worldwide Sports and Entertainment Inc. of Marina del Rey, the concert sponsor, and the ABC network are named as defendants in the suit.

Los Angeles Superior Court Judge Irving A. Shimer denied Westwood One’s request for a temporary restraining order Friday.

But the judge set a hearing next Friday for arguments on a preliminary injunction request.

Prior Restraint Argued

Morgan Chu, attorney for ABC, argued in court that a restraining order precluding the network from taking out ads naming the 40 or so entertainers featured in the massive concert would constitute prior restraint.

“From our point of view, the requested relief (banning broadcast of those portions in which the nine appear and prohibiting advertising the event) would have done severe injury to ABC,” Chu said. “Why isn’t it that they haven’t filed suit against the artists?”

Representatives of Worldwide Sports and Entertainment could not be reached Friday.

Norm Pattiz, president of Westwood One, said Friday his company took the legal action because of its contractual obligations to its affiliated stations and national advertisers.

“Previously Westwood One had agreed to waive its broadcast rights . . . so that it could provide hourly news reports to radio stations excluded by ABC’s coverage of the event,” he said. “However, we pursued the court action after ABC and Worldwide refused to honor the prior agreement.”