Variety (July 1949)

50 RABIO-TBLBVISIOIV Wednesday, July 27, 1949 Television Film Clearances — ^The Road to Bankruptcy ? By WILUAM S. ROACH (OBrien, Driscoll, Raftery & Latcler) Accordingt to ‘some, we may ex don't have here a case of multiple i tributor who said, **ril give my pect an early disintegration of ! infringement by exhibiting films on atomic proportions of our lusty I a grind policy in hundreds of theatelevision industry. The | tres. young bugaboo of faulty television film clearances apparently has the double whammy on us. After gloomily observing that a lot of us are living in a fool’s paradise one writer recently predicted that if great care is not taken in the matter of checking clearances, *‘99% of us are going to end up In bankruptcy and television will go back where it started from 10 years ago!” This is sheer nonsense. We might indeed anticipate some congestion In the bankruptcy courts as the boys are separated from* the men but it will be for reasons far more prosaic than faulty clearances. First of all. the problem Is mainly connected only with films of fairly ancient vintage. We know where we are with the new stuff as a rule and particularly with film specifically produced for television use. Actors, authors’ and composers represent the bulk of the potential plaintiffs in this great rash of lawsuits that's been forecast, though Nix Oldies Network telecasts will of course incur greater risks. But though most stations today are hungry for j program material the networks and I large advertisers are shying away I from the old stuff and are demand: ing films made specifically for the ' medium. 1 The composer of the music is in , much the same legal position as I the author or copyright proprietor of the literary material. And in many in.stances the telecaster will ; find reliable musical cue sheets I still available for clearance purposes. ! Trouble can also crop up in ; various other ways but generally the considerations are the same. ' Recently a poll was taken among distributors and station operators covering their procedures with respect to checking clearances. Many j require only that musical cue sheets be furnished. Usually they are willing to take a chance on the ! other clearances and blithely rely on the warranties of their grantors, possibly patent-holders of record None of tho.se questioned had yet ing devices and others may also be heard from. licensees a complete release. If they sue me, I’ll sue the fellow who sold me the film!” The clearance problem is a very real one Indeed and should not be ! regarded lightly. It would seem, ^ however, that the emphasis is misplaced. Industryites want to use ' old films and they’re doing it be! cause of their desperate program demands but many are doing so in ' an atmosphere of near-panic. If the problem were regarded realistically the film telecaster would realize that though there is always some risk that fairly heavy , damages m.iy be recovered from : him in a lawsuit, it’s probably no I greater than an ordinary business risk if sensible safeguards are adopted. Probably the real risk lies in the investment of time and money in exploitating a film and the potential loss incurred by the disruption of programming when a ‘ film telecast must be cancelled bei cause of adverse claims. If ordinary business precautions I are taken in the matter of buying j old film chances are good that in' dustryites will be able to go bankrupt without any spectacular fan Television vs. Theatrical Distribution By JOHN H. MITCHELL (Director of Television, United Artists) The television film distribution system upon which the smooth functioning of a good part of the television industry will ultimately depend is today more expedience than experience. Like the development of any natural infant, there are moments of ecstatic adherence to schedule: then confounded confusion of unexpected dimensions. there are certain TV programs, such as United Artists’ “Top Views in Sports,” which are strictly oneshot propositions. This particular program is a timely, topical sports newsreel issued for Friday telecasting and requires a separate print at each telecasting station at exactly the same time each week. By Monday morning these prints An examination of the distribu much waste celluloid tion organization developed over distribution problem inherent several decades by the motion picture industry reveals little of practical value to the TV neophyte. The nationwide exchange network established by all major film companies is economically .sound because there are some 18.000 theatres situated around these exchange centres, which they can serve quickly and efficiently. At present there are not enough television stations or television pro in such a program has been solved by setting up the main laboratory and distribution centre in centrally located Chicago. A more difficult problem, unlike anything exiting in the motion picture industry, is the matter of audition and screening prints requested by stations for prospertive advertisers. Most stations and some agencies plan their presentation schedules carefully and with Let’s assume the ca.se of a film for which all rights have been obtained for "motion picture use.” The film is telecast in the belief that the rights are clear. j Right-of-Privacy Concept fare just like any other decent been sued for failure to have 1 businessman, proper clearances, though we can j certainly anticipate the assertion of ; Detroit A survev bv a Wavne without the costly and regional branche.s to serve the TV I industry exclusively. I Also, in every motion picture I exchange centre there have develj oped supplementary film delivery services whose local know-how I makes possible the mo.st efficient I flow of print traffic within each I area. Thus, motion picture prints i are moved from theatre to theatre If it’s a very old film, chances are none of the persons who could raise valid objections will ever be aware of the telecast. But suppose one of the actors learns about it and decides to take action. Also a.ssume that a telecast is more than a “motion picture use,” which may not be the case. What recovery does the law provide him? If he can find a copy of his old contract he might be able to sue the original producer for breach of contract — if he can find the producer. If he looks to the distributor, station owner, agency or sponsor he will find his legal theory somewhat more elusive. Copyright infringement is out, libel or defamation of character doe.sn’t quite fill the bill, so about all he has left for a theory of action is the invasion of his “right-ofprivacy.” Though the right-of-privacy concept is gradually spreading, the courts in less than 20 states recognize it today. Where the doctrine does prevail it probably won’t help our haple.ss actor. He will no doubt find that for his present purpose he has become a “public figure” who has forfeited this aspect ofi’ his privacy — hardly one of “the great mass of citizens who are entitled ... to be let alone.” as a court in Florida recently put it. He might encounter a more explicit barrier In the language employed in a comparatively recent opinion handed down in Ohio; ”... any person following the theatrical business for a life’s work has no such right of privacy as plaintiff attempts to assert in her complaint. Her embarkation on this vocation in life has estopped her from a right to be heard to complain that her personal right of privacy has been invaded.” Even if our actor does somehow manage to get a favorable verdict, the few cases on record indicate that damages are difficult to a.scertain and often favor the nominal »ide. j How about the author? Here | again we must assume that the i telecast is discovered by the author ; and that he w ill consider it worthwhile to take legal action. j If a telecast (»f a film is determined to be more than a "motion picture use" the author may be ' able to establish an infringement. >Iis recovery, if any. will be limited to the dubious items of damages ! to the plaintiff and profits to the ■ <lefendant or, if they are una.scerfainable, to certain amounts limited . by statute which the court may ' award in its dl.scretion. Since i >:tatutory damages are based on the | numbei* of infringements the plain ! Hff may not find it worthwhile in ' the first instance to undertake liti-, gation involv ing unly one isolated telecast by a single station. We : some claims. If these claims are successful the losers will probably ^ find little consolation in their wari ranties. With so many distributors fighting for survival it would seem j somewhat foolhardy to follow the example of the intrepid little di.s University graduate student shows that there are 109,059 FM radio , sets in use in the Detroit area. The ] student, Halsey I. Lawson. Jr., ' contacted persons by mail and tele1 phone to gather his statistics, using j yet been achieved, the random sample method. i To make matters more complex. How TY Program Picture Shapes up for Fall NBC • Continued from page 48) CBS ABC 7:45. ...Camel News Caravan (Camels) Cliff Edwards *4 Manhattan Spotlight 8:00. . . Admiral Show (Tentative) Mama (Gen. Foods) Think Fast Front Row Centre 8:15. *4 4t 44 8:30. 44 • • • Camel Theatre Treasure Quest 44 8:45. <4 * 44 44 44 9:00. ...Bonafide Mills Show Ford TV Theatre • Ford) Break the Bank ( Bristol-Myers) Key to the Missing 9:15. 44 » 4 44 44 9:30. ...Lucky Strike Show 44 Fun for Money (Kleenex) News 9:45. 44 <4 44 OFF 10:00. . . Boxing <Gille(te) Blues by Bargy News OFF 10:15. • • • • • Newsreel OFF OFF 10:30. <4 • • t OFF OFF OFF 10:45. 44 • • 4 OFF OFF OFF 11:00. 44 • • • OFF ■ OFF OFF grams to warrant the setting up of I dispatch. Prints are utilized for their avowed purposes and are returned promptly. Others tie up , prints for weeks on end, unaware ‘ or indifferent to the huge cost involved for a releasing company in hurling hundreds of prints down ; a bottomless pigeon-hole. I Finally, the TV producer on the (east coa.st, at least, mu.st come .virtually hat in hand to the exi.sting laboratories for prompt delivery of prints. These laboratory facilities are geared to the less demanding schedule of motion picture production and only time and the inevitable expansion of facilities in key centres such as New York, Chicago and Los Angeles, will help ' alleviate this situation. On the other urgent and pres.sing distribution problems, marked progress is being made al mo.st daily. The ultimate .system must await the physical growth of the i industry and the education of TV : print-handling personnel. Supplementary film delivery services will j eventually appear. Branch offices I in at least six major geographic I areas are already in the offing. I In the meantime, distribution of j TV film progress proceeds up the j developmental ladder along with I the rest of the television industry. time-consuming return of prints to each exchange before being rerouted to another theatre. No such dependable system of direct routing of TV film programs has DU MONT SATURDAY 7:00 7:15. 7:30. 7:45. 8:00. 8:15. 8:30. 8:45. 9:00. 9:15 9:30. NBC OFF OFF .You Arc an .\rtist Leon Pear.son News U. S. Marine Band .Kyle MacDonnell Hit Parade (Luckies) CB.S Lucky Pup Film Shorts Quincy Howe Blues by Bargy Winner Take All • Chevrolet) • 4 « Film Short • 4 Ken Murray ABC Ship’s Reporter 'Part.) Film Shorts H’wood Screen Test (Co-Op) «» Standby for Crime Film of Unusual • 4 Paul Whiteman's TV Teen Club DU MONT OFF OFF OFF OFF Spin the Picture Cavalcade of Stars •Drug Store TV Prods.) 9:45. 10:00. 10:15. 10:30. 10:45. 11:00. 7:00. 7:15. 7:30. 7:45. 8:00. 8 15. 8:30 8:45. 9:00 9:15 9:30. 9:45 10.00 10 15 10 30 10 45 11.00 .Who Said That? 4« 44 44 (Crosley) «4 44 •• Eddie Condon's (4 44 44 Floor Show OFF OFF OFF 44 OFF OFF OFF !off OFF OFF OFF OFF OFF OFF OFF OFF OFF OFF OFF NBC SUNDAY CB-S ABC DU Review of News Tonight on B’way (Esso) Stained Glass Windows (Open . Sunday al Home • 4 «4 • 4 .Broadway Spotlight • 4 Mr. L Magination 44 ABC Teleplayens 44 44 . Perry Como Toast of Town Jacques Fray OFF • Chesterfieltft ' Lincoln-Mercury Music Room 44 Dealers) *4 4 14 OFF .Mdrich Family 44 Film Shorfs OFF (Gen. Foods) • • # 44 44 OFF Philco TV Playliouse Fred Waring Show 44 OFF 1 Philco 1 * « • • 1 •Gen. Electric) • 4 • * ft Sing-copal ion OFF • Skip Farrell Show* OFF 44 44 14 ' / OFF Garroway at Large CBS News in Review Celebrity Time OFF «• ' Bai ba.sol) OFF • Goodt icli( 44 OFF OFF OFF OFF OFF OFF OFF OFF OFF OFF OFF OFF OFF WBBM’S Prizewinning ‘Report Uncensored’ Due for Chi Reprise Chicago. July 26. WBBM is working fast to bring back “Report Uncensored.” the public servicer that copped a 1947 Variety Showmanagement Award. The show bowed off the air May, j 1948, after a tangle between writerproducer Ben Park and station [owner Les Atlass over a controI versial housing series on restricI tive covenants. i Producer Skee Wolff is digging up statistics for the new series, I which will hit Chi traffic problems [and transportation. Station execs decided to revive the series, after hearing from local public .service ; orgs and agencies who have been requesting replays of the former programs on juvenile delinquency, , housing and rehabilitation of cxi cons. I 'Park, now producing WM.AQ’.s I "It’s Your Life,” likewise a prizeW’inner, resigned from WBBM la.st year when his treatment of restrictive covenants as ruled upon by the U. S. Supreme Court w'as nixed at the last minute by Atlass and stallion manager Frank Falknor. After Park’s bowout, a watered-dow n yeiIsion of the original script was aired the next week. "Report Uncensored” lonly Chi-built show to (Variety, DuPont and ' awards in the same year. , out brought a steady stream of requests for recordings of the previous programs from civic and community groups. New scries is ! skedded for 13 weeks on a trial run basis. was the <*op the Peabody Its bow Wa.shington — Armed Forces Radio Network is now piping the Willis Corwvcr “Tune In ” .show, over local WWDC, into the wards of the Walter Reed Hospital, five days a week. Program, which runs from 10 a.m. to noon on Mondays through Fridays, consists of recorded jazz and comments by Conover who is billed as the "gentleman disk jockey.”