Broadcasting Telecasting (Jan-Mar 1956)

therefor as hereafter provided, will have acquired and will own, the complete, entire and exclusive television exhibition rights in each such Picture in the type of reproduction hereinabove specified in Paragraph FIRST, including the synchronization rights with respect to all musical compositions contained therein, and that it has the right without any limitations or restrictions whatsoever, to grant the license herein contained. The Lessor further warrants and represents that it has the full right, power and authority, to enter into and perform this Agreement and that there is no contract with any other person, firm or rorporation which will in any way interfere with any rights granted under this Agreement to the Station, and that all Pictures included in the schedule are free and clear of all encumbrances of every kind and nature which may be inconsistent with the rights granted to the Station hereunder. The Lessor further warrants and represents that none of the Pictures or any material contained therein violates the private, civil or property right, or the right of privacy, or any other rights, of any person whatsoever. The Lessor shall indemnify and hold the Station and its officers, directors, agents, stockholders and employees; the sponsors of programs containing all or any portion of any Picture and their advertising agencies; and its and their respective heirs and successors harmless from and against any and all claims, damages, liabilities, costs and expenses, including attorneys' fees, arising out of any claim, action or proceeding based upon any alleged breach of the warranties and representations contained in this Paragraph. The Lessor further warrants that the Pictures shall be in all respects physically suitable for exhibition. B: Run and Clearance In the event that the schedule grants to the Station a specific run or clearance of the Pictures and the Station is not in default hereunder, the Lessor shall not license the exhibition of any Picture in conflict with the run or prior to the expiration of any clearance period therein granted. The Lessor warrants and represents that none of the Pictures, nor any part of any Picture, has ever been shown over the television facilities of the designated station or over the television facilities of any other station within the television broadcast area (as hereinbefore defined) of the designated station, except as set out under the clearance provisions of the schedule. C: Musical Performing Rights The Lessor warrants and represents that the performing rights of all musical compositions contained in the Pictures or any of them are: a. controlled by American Society of Composers, Authors and Publishers; Broadcast Music, Incorporated; or Sesac, Incorporated; or b. in the public domain; or c. controlled by the Lessor to the extent required for the purposes of this Agreement. The Lessor shall indemnify and hold the Station and its officers, directors, agents, stockholders and employees; the sponsors of programs containing all or any portion of any Picture and their advertising agencies; and its and their respective heirs and successors harmless from and against any and all claims, damages, liabilities, costs and expenses, including attorneys' fees, arising out of the performance by the Station of any music in the Pictures, or any of them, the performing rights of which come within category "c" above. The Lessor shall furnish the Station with all necessary information concerning the title, composer, publisher and performance licensing organization of all music. D: Physical Examination Upon receipt of each Picture, the Station shall examine the said Picture to determine whether it is physically suitable for exhibition. If it shall be determined that said Picture is not physically suitable for exhibition, the Station shall give prompt notice to the Lessor of any defect, upon receipt of which notice the Lessor shall remedy such defect or make timely substitution of a physically suitable substitute reproduction of the same Picture or make timely substitution of a different Picture, acceptable solely within the discretion of the Station, at no additional cost or expense to the Station. If none of the remedies or substitutions as above specified is available, then the Station shall be relieved of its contract obligations insofar as such scheduled Picture is concerned. E: Alteration and Rejection The Station may make minor cuts or alteration in order to insert announcements or to conform to time segment requirements, or to municipal, state or Federal laws or to Station policy as a licensee of the Federal Communications Commission, or as a subscriber to the Television Code of the National Association of Radio and Television Broadcasters; provided that, in the event any such minor cuts or alterations shall be made, the Station shall, at its own expense, replace any such cuts or alterations in order that upon return, the Picture shall be restored to the same condition in which it was delivered. Under no circumstances shall the copyright notice be removed from any of the Pictures. In addition, it is agreed that the Station may reject for exhibition a Picture in its entirety which is contrary to Station policy or to the provisions of the Television Code of the National Association of Radio and Television Broadcasters and which is not subject to correction by minor cuts or alterations; provided that, upon receipt of Picture, the Station shall examine the said Picture to determine whether it is suitable for exhibition within the meaning of this paragraph. If it shall be determined by the Station that the said Picture is not so suitable nor subject to correction by minor cut or alteration, the Station shall give immediate notice to the Lessor of the rejection thereof and the reasons therefor, upon the receipt of which notice the Lessor shall make timely substitution of a suitable substitute Picture, acceptable by mutual agreement, at no additonal cost or expense to the Station. F: Force Majeure If the Lessor is prevented from making timely delivery of the Pictures, as herein provided, or if the Station is prevented from exhibiting and returning the Pictures, as herein provided, by reason of any Act of God, strike, labor dispute, fire, flood, delay in transportation, public disaster or any other cause of reason beyond the control of the Lessor or the Station, as the case may be, such condition shall be deemed a valid reason for delay in the performance of said obligation, and the term of the license herein granted shall be deemed extended for a period coextensive with the delay caused by such condition. G: Substitution of Programs of Public Significance In recognition of the public responsibility of the Station as a licensee of the Federal Communications Commission, the Station may within its absolute discretion cancel the scheduled broadcast of any Pictures herein in order to broadcast a special event of either national or local interest or importance, and to reasonably extend the term of this license with respect to any Pictures which cannot be so broadcast for this reason by giving reasonable advance notice in writing of such extension and the facts necessitating the same to the Lessor and setting by mutual agreement a subsequent date or dates for the broadcast or broadcasts thus cancelled and postponed. Such postponement shall in no way affect the provision of this Agreement with respect to any Pictures herein other than those postponed. Marquis, Manson Take Screen Gems Sales Posts APPOINTMENTS of Pierre Marquis as director of sales development for Screen Gems Inc., New York, and John N. Manson as manager of Latin American sales were announced last week by John H. Mitchell, vice president in charge of sales. Mr. Marquis most recently served with MCATV as research director, and previously had been with NBC as a supervisor of television network sales presentations and a sales promotion writer. Mr. Manson, who will make his headquarters in Mexico City, has been with Noble Adv., Mexico City, since 1951, and previously had been with BBDO and the advertising and promotion department of NBC. Melzac Promoted at TPA PROMOTION of Vincent Melzac from spot sales supervisor of Television Programs of America, New York, to assistant to the president was announced last week by Milton A. Gordon, TPA president. Mr. Melzac joined TPA in June 1954 as an account executive and previously had been a management consultant to the Atomic Energy Commission and director of merchandising planning and control for Wolf & Dessauer department store, Fort Wayne, Ind. Mr. Melzac now will work with both Mr. Gordon and Michael M. Sillerman, TPA executive vice president, on sales and market analysis, training of new account executives and coordinating sales activities. 'New Yorker' Approach SCREEN GEMS Inc., New York, last week turned to use of The New Yorker magazine to advertise the availability of film series to national or regional sponsors. The issue has a four-page, center spread insert advertising Screen Gems, its programs, networks and sponsors. Lawrence Kane, head of Screen Gems' advertising agency, Lawrence Kane Inc., New York, prepared the advertisements for the campaign, which will continue in trade publications and newspapers. AAP Eyes Latin America PLANS for the establishment of a Latin American division of Associated Artists Productions, New York, were announced last week. Norman Katz, vice president in charge of distribution, will set up the division shortly, after a visit to the West Coast where he is expected to complete negotiations for the acquisition of several tv properties for AAP. Tv News Cartoon Series Set THE "lighter side of the news" will be the subject of a cartoon film series for television planned by Animated Cartoon Spots Productions, Berwyn, Pa. The series will be available shortly for daily syndication throughout the country, according to Fred H. Phillips, company spokesman. Saroyan Will Be Featured On Ford's 'Omnibus' Reruns NEWLY-PACKAGED film series selected from the library of the Ford Foundation's Omnibus will be made available to stations and sponsors Feb. 1 by the foundation under the title of Under the Sun, with William Saroyan as master of ceremonies, Leslie Harris, vice president and general manager of CBS-TV film sales, said last week. The new program series is produced by the tv-radio workshop of the Ford Foundation under the general supervision of Robert Saudek, workshop director and Borris Kaplan, film director. Mr. Harris said all of the film, except Mr. Saroyan's appearances, have been shown during the past three and a half years on Omnibus but claimed it is "virtually a first run show for the majority of the tv audience," because of the "enormous growth" of the audience over the past several years. Foremost Buys Clooney Show FOREMOST DAIRIES Inc., San Francisco, will sponsor the filmed Rosemary Clooney Show in 52 markets throughout the country, starting in the spring. The transaction was negotiated by Guild, Bascom and Bonfigli, San Francisco and MCA, representing Miss Clooney. Production on the half-hour series will begin Thursday in Hollywood, with Joe Shribman as producer. MCA-TV Film Syndication Div. will syndicate the series in those cities not covered by the Foremost Dairies purchase. Page 34 • January 30, 1956 Broadcasting • Telecasting