NAEB Newsletter (Mar 1938)

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N A. £8. NEWS LETTER. Office of Executive Secretary University of Illinois Urbana, Illinois March 1, 1938 THIS COPYRIGHT SITUATION In this issue of the News Letter will be found two articles which should be of interest to every NAEB member. H. B. McCartv of WHA has secured an opinion from the Wisconsin Attorney G-eneral regarding the use of phonograph records. Read it, then let us know what legal ad¬ vice you have secured. Have you secured one, or will you secure one, that we can pass along to other NAEB members? The other article on the copyright question relates to reading of novels over educational stations. This is the first of a series of. such articles which Dr. Fredrick 8. Siebert of the University of Illi- noise School of Journalism will contribute to the News Letter. Sieberi has studied in the United States and in England and is a recognized au¬ thority on law of the press. Those who attended the NAEB convention last September will be glad to see some of his opinions in print, so save your News Letters for your future reference. OPINION ON USE OF PHONOGRAPH R^CORDo After receiving from RCA-Victor Mfg. Company a letter restricting the use of phonograph records on the air, WHA asked the Wisconsin At¬ torney Ueneral for an opinion on the matter. Here are excerpts from the official report: February 84, 1938 Attention: H. B. McCarty, Program Director, WHA Dear Sir: You have inquired as to the rights of phonograph record manufac¬ turers, recording artists, and copyright owners in phonograph records used for broadcasting after such records have been sold and are on the market. This question arises by virtue of a notice printed on each record which reads: n not licensed for Radio Broadcast . ?i The common law rule is that the manufacturer of an article cannot impose restrictions on its use in the hands of a purchaser. We are therefore of the opinion that the phonograph record manu¬ facturer has no interest in its phonograph records which will enable it by the device of restricted use notice to control its use in the hands of the ultimate purchasers* +*•;■**