NAEB Newsletter (July 1, 1938)

2 strong that MacFarlane, on© of the three advocates of the measure, found himself in a position, where to secure the presidential support which he felt essential to hie re-election to Congress, he had to vote against the measure. The situation then is clear in certain respects. There will not be any congression¬ al investigation so long as the present administration is in power. There is, of course, to be the investigation of monopoly by the FCC itself and supposedly the congressional committee investigation of the subject of monopoly in all industries will .pay some attention to radio. However, none of these is apt to be thorough enough to propose any constructive changes in the present broadcasting setup. NAEB members surely are aware that the Havana Treaty has been accepted by the Senate and that in accordance with its provisions the reallocations of facilities within thf regular broadcast band is certain to take place,perhaps not immediately, but within the next year or so. This means that educational stations who are going to make ap¬ plication for a better position ought to get those applications in Just as soon as possible. LEGAL PROTECTION FOR RADIO PROGRAMS By Professor Fredrick S. Siebert, J. D. University of Illinois School of Journalism The author, sponsor, or other interested party frequently has occasion to attempt to protect a particular program from piracy by other sponsors or radio stations. How can such protection be acquired under the existing statutes? The Federal copyright statute does not list radio programs or continuity as one of the types of material which are copyrightable. However, there is a sufficient similarity between a radio program and certain of the classifications listed in the statute to make it possible to obtain copyright protection. The two applicable classifications are 31 dramatic work" and "musical compositions." A radio program presents elements of similarity to both of these and the protection sought is the same in each case. What the radio writer wishes to protect is the unauthorized presentation of his program. The play¬ wright and composer seek the same protection. To obtain copyright protection the author of a radio program or continuity should have it typewritten in the form in which it is to be presented over the air. Two typescripts should then be mailed to the Register of Copyrights, Washington, D.C. This registration establishes the writer's ownership of the program and affords him a basis for contesting any other claims. Such copyrighting of a continuity, however, does not prohibit a competitor from duplicating the central idea of the program. Neither the actual phraseology nor the organization can be duplicated by another writer, but the central idea is not pro¬ tected by copyright. The only protection for such an idea would be on the ground of unfair competition where one radio writer so duplicated the form of continuity as to confuse the listeners as to the authorship. The title of a program, although not copyrightable under the Federal act, can be protected by registration as a trademark. This registration establishes the registrant's prior ownership. KFUO ENCOURAGES LEAGUE MEMBERS In the GOSPEL VOICE of KFUO for July announcement is made of coin banks which hold $5, namely 10 nickels, 15 dimes, and 12 quarters, which will be sent listeners upon request. Filled and sent in, they create memberships in the KFUO League for one year.