NAB reports (Jan-Dec 1948)

tvas endorsed by the small market station representa¬ tives. “Radio broadcasting in its very nature is an artistic medium of expression, often employing the same talents and individuals experienced on stage and screen,” the committee membei's agreed as they urged the NAB to pursue the efforts to “a successful com¬ pletion.” Members of the committee attending this week’s sessions were Chairman Simon Goldman, WJTN, Jamestown, N. Y. ; C. 0. Chatterton, KWLK, Long¬ view, Washington; Wayne W. Cribb, KHMO, Hanni¬ bal, Mo.; DeWitt Landis, KFYO, Lubbock, Texas; Lee Little, KTUC, Tucson, Ariz.; Edwin Mullinax, WLAG, LaGrange, Ga. ; John W. Shultz, WMVA, Martinsville, Va. ; A. E. Spokes, WJOY, Burlington, Vt. ; William C. Grove, KFBC, Cheyenne, Wyo. ; and Board liaison member Robert T. Mason, WMRN, Marion, O. Engineering NAB Petition for Study of 540 Kilocycles Follows Havana Recommendation for NARBA The National Association of Broadcasters Thurs¬ day (29) petitioned the Federal Communications Com¬ mission for proceedings “to determine what would constitute the most effective use of the frequency 540 kc. in the United States.” Pointing out that the nations participating in the Havana meeting of engineers, pi’eliminary to the Ca¬ nadian conferences on the third North American Re¬ gional Broadcasting Agreement, had recommended the widening of the broadcast band to include 540 kc., the petition asked studies of the use of the frequency. The request said that “if the characteristics of this frequency are to be fully utilized for the benefit of the people of the United States, it is clear that studies . . . will be necessary after execution of the agreement reached at the forthcoming NARBA conference.” The NARBA conference is scheduled to be held in Canada in August, 1948. The preliminary meeting of engineers was held in Havana in November and De¬ cember. It was limited to discussion of technical problems, to the exclusion of policy matters. The 540 kc. channel was added to the standard broad¬ cast band for American regions at the Atlantic City International Telecommunications Conference last summer. The NAB petition also pointed out that preliminary studies of the channel’s best use would be necessary to provide a basis on which United States proposals for NARBA may be submitted, and in order that the U. S. delegation may be fully instructed. NAB, during the 1944 meetings of the Radio Techni¬ cal Planning Board, advocated not only 540 but 530 kc. as well for inclusion in the standard broadcasting band. The NAB Board at its November, 1947, meeting also favored the inclusion of 520 kc. Justin Miller, NAB president, explained the petition for study of 540 as being “for the purpose of obtain¬ Advance "Freedom Train" Schedule The “Freedom Train” today is in Waco, Tex. Following is the schedule of the train for the week of February 23 : Monday (23) — Los Angeles, Calif. Tuesday (24) — Los Angeles, Calif. Wednesday (25) — Los Angeles, Calif. Thursday (26) — Long Beach, Calif. Friday (27)— Pasadena, Calif. Saturday (28)— Pomona, Calif. Sunday (29) — San Bernardino, Calif. ing technical information as to how this fine channel may be used to the best interest of the American people. “The Commission must eventually determine its pre¬ cise use,” he said, “but it appears that very little in¬ formation as to its most beneficial possibilities is now available, and it seems highly desirable that we secure this technical data prior to the submission of United States proposals to NARBA.” Legal Department Application of Copyright Law to Comics Read on the Air Is Analyzed in Detail (Note: The folhnvvng analysis of copyright law has been prepared by the NAB General Counsel’s office in response to inquiries.) A general statement on the copyright law as it affects radio broadcasters was published in NAB Reports on May 19, 1947, page 406. Since then there have been inquiries from broadcasters as to the ap¬ plicability of the principles there stated to the use of newspaper comics on the air. The copyright law itself does not prevent the read¬ ing of comics over the air since they are not dramatic, or musical works or designed for oral delivery. How¬ ever, as was stated in the earlier article, the common law and many state statutes recognize the doctrine of unfair competition. Under its principles, the un¬ authorized use of another’s literary property in such a way as to interfere with his right to exploit it may give a right to an injunction or damages or both, even though under the copyright laws the use is permissible. Thus, in International Neius Service v. Associated Press^ the Supreme Court of the United States held that INS could not use news gathered by the AP to service its subscribers, at least until the news had become stale and thus ceased to have value to AP. The court pointed out that news matter, even though not susceptible of ownership, “is stock-in-trade, to be gathered at the cost of enterprise, organization, skill, labor, and money, and to be distributed and sold to ^238 U. S. 215. (Continued on next page) FEBRUARY 2, 1948-85