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Movies for TV - Early Television Foundation

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COPYRIGHT AND RELEASES 369<br />

television it is said that more than one divorce was caused by the<br />

sight of an erring spouse out with a paramour! The companies<br />

concerned were reportedly taken to court, but the judge ruled that<br />

by attending the public place of entertainment the plaintiff became<br />

part of the public scene.<br />

Most television stations and film studios carry a large store of<br />

stock shots. These quite often contain a high percentage of old news<br />

films. On occasion some of these shots may be used in an entertainment<br />

program and it can sometimes lead to trouble since someone<br />

who was present at the event and is recorded in the movie may<br />

object.<br />

The whole problem of releases and legal liability is beyond the<br />

scope of control of the average reader. The wise operator gets a<br />

good lawyer and puts the problems up to him and devotes his time<br />

to producing good television programs. One last word of advice<br />

at the risk of repetition is always get a signed release to use the<br />

person's picture over the air or on film while he is there. That means<br />

don't take a picture, then after it's developed decide to get a release.<br />

The subject has probably gone back to the other end of the earth<br />

where he came from, by then. And finding him will be difficult. The<br />

advice about the release also goes <strong>for</strong> inanimate objects, which do<br />

not come under the heading of literary works or music and which<br />

you want to use on your program. Merely having the item in your<br />

possession is not enough.<br />

The question of royalties is still complex. At the time of writing,<br />

musicians are not generally allowed by their union to record <strong>for</strong><br />

films to be used on television. Also films made recently are not<br />

licensed <strong>for</strong> <strong>TV</strong> use by the musicians. It was only a short time ago<br />

that musicians were allowed to record <strong>for</strong> kinescope recordings.<br />

The great convenience of being able to audition shows on a piece<br />

of film rather than setting up the whole show with its subsequent<br />

expense every time a deal was "hot" finally swung the union to the<br />

point of agreeing.

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