Broadcasting Telecasting (Jul-Sep 1953)

GOVERNMENT CARNEVAL APPEALS COURT DECISION The radio-TV writer contests action of N. Y. Supreme Court justice in setting aside a jury verdict of $10,000 against Campbell Soup for 'appropriating' his idea for 'Double or Nothing.' A NOTICE of appeal has been filed in the Supreme Court of the State of New York from a court decision holding that an idea for a radio or television program cannot be protected "without contractual protection or its equivalent." The notice of appeal was entered by Lawrence E. Brinn. New York attorney, on behalf of radio-TV writer Charles Carneval against a decision handed down by New York Supreme Court Justice James M. B. McNally on June 30. The decision set aside a jury verdict of $10,000 against the Campbell Soup Co. in a suit initiated by Mr. Carneval. Mr. Brinn told B«T last week that the appeal itself will be filed within the next two weeks. He expressed the hope that the appeal would be considered during the September term of the court. The original action by Mr. Carneval, started on Oct. 24, 1949, was for $457,000 and named as defendants the William Morris Agency, Ward Wheelock Co., and NBC, as well as Campbell Soup. It charged that the defendants ". . ' . appropriated to their own use, benefit and profit the combination of radio program ideas and format known as 'American Sweepstakes' and incorporated the same into a radio and television show known as 'Double or Nothing' which is sponsored by Campbell Soup." Action against all the defendants except Campbell Soup was dismissed at the time the case went to the jury. The jury verdict was handed down on June 19. Justice McNally declared: In order for plaintiff to succeed as a matter of law ... he must prove independent creation of a new, novel, unique idea or combination of ideas reduced to concrete form, disclosed to the alleged user in the course of a confidential relationship; that is, he must have contractual protection against disclosure, or its equivalent as a matter of law on the unsolicited submission of an idea or combination of ideas, disclosed without a mutually acceptable confidential relationship existent at the moment of disclosure to prevent a public dedication. . . . Border TV Plea ALVIN GEORGE FLANAGAN, San Diego, Calif., radio-TV executive, has petitioned FCC for prompt consideration and immediate grant of his application to originate programs in San Diego for XETV (TV) in nearby Tijuana, Mexico. Arguing that his application proposes a definite service for the San Diego population and affords "an excellent opportunity to exchange entertainment and information which has a beneficial eff'ect on the culture of each of the nations involved," Mr. Flanagan requests FCC to accord him the same streamlined hearing procedure accorded TV applications in other communities. ADA Calls for Hearing On License Extension Bid CALL for a public hearing on the FCC's proposal to extend TV licenses to three years — same as for radio [BoT, July 27] — came last week from the liberal Americans for Democratic Action. It urged that the public be heard from before the license periods of TV stations are changed. Fact that there will be no program review during a three-year period was cited by ADA as a reason for looking into the change of license terms. Only other comment so far — Sept. 1 is the deadline — was from WAAM Baltimore General Manager Kenneth Carter who said that he was in favor of the proposal. Commission's proposal last month drew a strpng dissent from Comr. Frieda B. Hennock who said that before the license period should be extended the Commission should review the program content of TV stations. In 1951 the FCC announced that it was considering looking into program standards of TV stations, but it has never done anything along these lines. Otterman, World Radio Expert, Retires From State Dept. HARVEY B. OTTERMAN, associate chief of the Telecommunications Policy Staff, State Dept., and international expert in communications and broadcasting, has retired from the department. He is living at Stony Brook, East Orange Road, West Topsham, Vt. Mr. Otterman was born at Allegheny, Pa., Sept. 17, 1889. He attended Allegheny High School and Carnegie Tech, and holds masters degree in law and patent law from National U. Law School. He is a member of the D. C. bar. After joining the department in 1909 as a clerk at a yearly salary of $900, he rose to the high telecommunications post as a career diplomat. He has attended more than a dozen international broadcast and communications conferences in official capacities and frequently was chairman of the U. S. delegation. He is known throughout the world for his role in resolving difficult problems at these conferences. Belknap Granted Extension FCC last week granted a 60-day extension to J. E. Belknap & Assoc., giving the community TV organization until Sept. 24 to reply to questions the Commission raised regarding its proposed operation [B*T, June 29]. The Belknap firm, which planned to establish a microwave relay to bring TV programs from Memphis and St. Louis TV stations to Osceola, Ark., and Kennett, Mo., where it intends to feed them to individual subscribers, asked for the 60-day extension. The Commission asked the firm to discuss such questions as (1) whether the proposed relay system should be common carrier, (2) how rates should be handled, and (3) nature of the property rights in program material on the part of the originating TV stations and community distributors. TRINITY BROADCASSi CASE BEFORE FCC Legal ramifications must firs be taken in hand, it is indi; cated. Complaints chargi Trinity with unauthorizet broadcasts of games played iij clubs' home parks. ; i FCC's staff is considering both sides of \ \ dispute raging between the major league h' ball clubs and Trinity Broadcasting C; (KLIF Dallas, KLBS Houston), but it prob i will be some time before all of the legal r fications can be worked out and Commis action taken, it was indicated by FCC sou last week. The Brooklyn Dodgers and the New \hi Yankees in June filed complaints with the mission which requested a show cause order termination by Trinity stations of their creation" of ball games played by the dl| [B*T, June 22]. The complaints charged " stations with unauthorized broadcasting "purported" play-by-play descriptions of ga played in the home parks of various m: league clubs. . i Trinity Replies V Several weeks ago. Trinity replied to complaints and asked their dismissal or der^ contending they represented an attempt to ab the Commission's processes. Trinity alleged complaints are the big league clubs' atten "to involve the Commission in a private c troversy," coupled with their desire for j Commission "to become their co-counsel in ^ $12 million anti-trust suit now pending agai them." Gordon B. McLendon, executive director Trinity and principal announcer of the allei unauthorized re-creation of major league gaii formerly was associated with the defuj Liberty Broadcasting System, which has a i million damage suit pending in U. S. Dist; Court charging restraint and monopoly on ba ball broadcasts [B»T, May 18]. The Dodg club is one of three big league clubs ; named in the LBS suit. 'No Court Would Grant' Trinity charges that the clubs are carryi their complaints to the FCC because they "; i only too well aware" that "no court would gn ' them an injunction or damages and, in fa they have no legal or equitable rights. "The reason they have singled out Trinity . is because Trinity and Gordon McLendon ha led the fight in making available to the pub more — and not less — baseball broadcasts," t motion said in conclusion. The clubs in their complaint to FCC h charged that the Trinity stations, "without a thorization or consent," had broadcast "pi ported" play-by-play descriptions of gam played in the home parks of various m.i league clubs, giving the listening public t i.Tipression they are authorized by the clubs ai are being made directly from the park whe the games are being played. In its motion. Trinity said listeners are aw a that the broadcasts are re-created from inform tion transmitted by wire, and that listeners a so informed by the announcer before and aft each broadcast. Page 70 • August 17, 1953 Broadcasting Telecastin