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SUMMARY STATEMENT OF TV AND RADIO RECORDING RIGHTS (As first discussed at the Educational Television and Radio Center s Program Man¬ agement Conference, March 17, 1954) By Fred S. Siebert, Director School of Journalism, University of Illinois A RADIO OR TELEVISION PROGRAM CONTAINING COPYRIGHTED MUSIC AND/OR NON-DRAMATIC LITERARY MATERIAL, MAY BE RECORDED ON TAPE, FILM OR KINESCOPE WITHOUT CONSENT OF THE COPYRIGHT OWNERS. SUCH RADIO OR TELEVISION PROGRAM MAY BE REPRODUCED FOR BROADCAST OR FOR OTHER PURPOSES PROVIDED SUCH REPRODUCTION IS NOT A PUBLIC PERFOR¬ MANCE FOR PROFIT. 1. The above statement does not apply to programs containing "dramatic or dramatico-musical" copyrighted works. Such works must be cleared for all types of performances. 2. Anyone may make a recording (transcription, film or kinescope) of copy¬ righted music or non-dramatic literary material so long as the purpose of such recording is not "public performance for profit." 3. A broadcast of such recording by a licensee of an educational station is not a "performance for profit" and does not require clearance. 4. A broadcast of the same type of program by a profit-making organization o r institution requires clearance. (It is still questionable whether a non-pro¬ fit educational institution holding a commercial license must clear the above type of programs.) 5. The use of such recording for other types of presentation by non-profit organizations such as in schools, etc., does not require clearance. 6. The right to use tapes, films or kinescopes set out above may be limited or restricted by contracts between the broadcaster and a source of program mater¬ ial and also by contracts or arrangements between the broadcaster and performing artist. 7. All broadcast stations are required to comply with the Sec. 325a of the Communications Act of 1934 prohibiting rebroadcasts without the express consent of the originating station. Copyright NAEB HDQ. April 3, 1954