Broadcasting (Apr - June 1950)

PROGRAM RIGHTS Warner Reviews Problems THE OWNERS of radio and television programs will have to rely upon statutory rather than common law copyright to protect their interests in these properties if an outstanding court decision is permitted to stand. This is the warning of Harry P. Warner, of the Washington law firm of Segal, Smith & Hennessey, * in an article in the Vanderbilt Law Review. The article, "Protection of the Content of Radio and Television Programs," will be a chapter in the second volume of his book, Radio and Television Law. The case which would upset present radio and television copyright practices is the suit of Actor Mel I Blanc alleging rights to the muj sical laugh — "ha-ha-ha-ha-ha" — which he claims to have originated and which became known to the public via the "Woody Woodpecker" cartoons. In granting a defense motion for dismissal of Mr. Blanc's suit, according to the article, a California I court held that use of the musical laugh in motion pictures amounted I to "general publication." If use in ! movies is "publication," Mr. Warj!ner contends, then use on radio or television is also "publication." The Blanc case is now on appeal to the California Court of Appeals. Common-Law Copyright Mr. Warner explains that common-law copyright gives adequate protection of the originator's rights in every "new and original product ;of mental labor embodied in writing or some other visible form which remains unpublished." Traditionally, he continues, ' courts have held that broadcasts, i movies, and stage productions do •not amount to "publication," which | is the point where common-law copyright ceases to operate and statutory copyright becomes necessary for continued protection of i'the author's interests. , Mr. Warner feels the court I "reached the correct conclusion" in j dismissing the Blanc suit, "but not ; for the reasons" given in the court opinion. He suggests that if the issues were tried on the merits, "the court might conclude that the musical laugh was not a protectible property interest." With respect to the general question of common-law copyright in television, the article asserts: ... It is believed that the courts would have no difficulty in finding common-law copyright in any television program. Any television program, including a news, sport, or dramatic show, is an "original, unpublished, intellectual production." It requires the use of technical and artistic skills — viz., lighting effects, camera angles, integration and synthesis of sight and sound, to produce a finished television production. It is submitted that there is as much property right in the finished television picture as in a photograph or painting, and the evanescent character of a telecast does not destroy its common-law copyright. . . . . . . Although the evanescent character of a telecast precludes the assertion or recognition of statutory copyright in a telecast per se, the unauthorized exhibition of a copyrighted work may be forbidden and its lawful use protected. Thus the Copyright Office permits the registration of dramatic scripts designed for radio or television broadcasts and of motion picture photoplays and motion pictures other than photoplays intended for transmission by television. . . . . . . Based on custom and usage, a radio performance or telecast is a limited publication since the former is dedicated to the public in their homes. This is evidenced by the restrictive announcements preceding telecasts (reserving rights in the programs). Under the foregoing circumstances a radio or television broadcast constitutes a limited publication . . . and the proprietor of the program may enjoin any person who enterferes with or seeks to appropriate his intellectual effort without his authority ... If the "publication" holding of the Mel Blanc case is affirmed by the appellate court, we will have witnessed the initial stage of the demise of common-law copyright. The latter will no longer be invoked to protect the content of radio and television programs and of motion picture film. Radio and television stations and net Everybody comes to the WLS NATIONAL BARN DANCE (See front cover) WLS the Prairie Farmer station Chicago 7, Illinois Clear channel — 50,000 watts — 890 kc — ABC network Represented nationally by John Blair & Company A WARM welcome, presentation of the keys to the city and a luncheon in his honor helped make last month's visit by ABC Sports Director Harry Wismer to Spartanburg, S. C, a memorable one. L to r: Mayor Thomas W. Whiteside, who welcomed Mr. Wismer and extended him the keys of the city; Walter J. Brown, president of WORD and WDXY (FM) Spartanburg, who gave the luncheon; Mr. Wismer, and Federal Judge C. C. Wyche. Luncheon attendants included Amoco dealers in the Spartanburg area. WORD and WDXY (FM) carry the Washington Redskin football games, which Mr. Wismer broadcasts. works and motion picture producers will seek the benefits of the Copyright Code or rely on an expanded concept of unfair competition to prevent the misappropriation of their intellectual efforts. USSR PROPAGANDA WAVE Picks Up Broadcasts CLAIMING an exclusive scoop, WAVE Louisville has reported interception of Soviet Russia's use of the 40-meter band for propaganda purposes in violation of the International Radio Treaty. WAVE officials said the broadcasts, beamed at the United States and outlying countries by Radio Moscow, were picked up April 14. Amateur Operator Dr. Milton Schwalbe, of Louisville's Nichols Hospital, and WAVE Engineers Dick Bush and Frank Burger picked up the Soviet signal on 7245 kc. Under the direction of Jim Caldwell, WAVE news director, the broadcast was immediately recorded. News of the WAVE recording was relayed to NBC and arrangements were made for a rebroadcast of the recording on Morgan Beatty's News of the World broadcast the same day. WAVE reported it was the first time Radio Moscow was picked up on the 40-meter band which, according to the International Radio Treaty, is to be used only for dot-and-dash messages, not for voice or propaganda purposes. ARRANGEMENTS completed between WXGI Richmond, Va., and Eastern Baseball Network for station to broadcast all of games played by New York Giants at home and away. BROADCASTING • Telecast! ng PLAY-by-play or re-creations of all daytime Washington Senators games will be fed to network consisting of WSID Baltimore, WCUM Cumberland, WARK Hagerstown, Md., WRVA Richmond, Va., and WHVR Hanover, Pa., by WWDC Washington. For some interesting information on radio in IOWA, PLEASE SEE PAGE 31 OF THIS ISSUE May 1, 1950 • Page 73