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Movies for TV - Early Television Foundation

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366<br />

THE PROGRAM ANGLE<br />

have af<strong>for</strong>ded no protection to the station concerned. Suppose the<br />

hiring company had been operating on a shoestring, as so many of<br />

these film supply houses are. The damages would have been as-<br />

sessed against the user in this case the station ; they in turn would<br />

have relied on their guarantee from the distributor and passed on<br />

the claim to him. Now, unless he has the money<br />

implement his guarantee, the protection<br />

and resources to<br />

is not worth a cent. It is<br />

like hiring a cripple, unseen, as a bodyguard simply because he says,<br />

"I guarantee you will never be molested." Similarly if the hirer re-<br />

lies only on a printed piece of paper from the "owner" without<br />

checking into his rating and financial stability it is inviting trouble.<br />

The claim will merely bounce right back into the hands of the user,<br />

who after all is the person who caused the infringement.<br />

Music rights are another thing which cause the television pro-<br />

ducer or station operator a lot of trouble. The subject is complicated<br />

by the fact that there are many different licenses to contend with in<br />

the field. By the time that this book appears in print the discussions<br />

with ASCAP The American Society of Composers and Publishers<br />

will have been long settled. The general agreement <strong>for</strong> AM broad-<br />

casters was simple, but now that television has come along to com-<br />

plicate matters, the issues are more involved. In general under the<br />

blanket license straight instrumental use is use of music by vocalists<br />

not in costume, small groups in costume if not tied in with per-<br />

<strong>for</strong>mances in dialogue, scenery, or dancing routines. However, any<br />

number which was originally written <strong>for</strong> an operetta, motion pic-<br />

ture, or dramatic musical work must be specially licensed if used in<br />

costume with scenery, dialogue, or dancing. Any special use which<br />

dramatizes the title or words of the song requires special treatment.<br />

The use of music <strong>for</strong> dramatic and non-dramatic public per<strong>for</strong>mances<br />

is the thing which will cause the most trouble simply be-<br />

cause it arises most often. This is particularly true in the case of<br />

kinescope recordings. Here the field is highly<br />

unstable due to the<br />

various attitudes towards these recordings. The producer and sta-<br />

tion operators regard them quite logically as a means of extending<br />

the network operations of the broadcaster. In cases where the coax-<br />

ial cable does not extend, a copy of the program is sent to affiliated

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