------------------------------
The Old-Time Radio Digest!
Volume 2008 : Issue 49
A Part of the [removed]!
[removed]
ISSN: 1533-9289
Today's Topics:
Freebies? [ skallisjr@[removed] ]
Re: new boombox [ Don Shenbarger <donslistmail@sbcglo ]
Re: The Library of Congress [ Don Shenbarger <donslistmail@sbcglo ]
The Shadow magazine article [ "Martin Grams, Jr." <mmargrajr@hotm ]
Grand Central Station & Curtain Time [ "Martin Grams, Jr." <mmargrajr@hotm ]
Copyright; was: Library of Congress [ "Robert Birchard" <bbirchard@earthl ]
2-21 births/deaths [ Ronald Sayles <bogusotr@[removed] ]
Sound recordings copyrights [ "MICHAEL BIEL" <mbiel@[removed]; ]
OTR in the News [ seandd@[removed] ]
------------------------------
Date: Wed, 20 Feb 2008 14:39:06 -0500
From: skallisjr@[removed]
To: [removed]@[removed]
Subject: Freebies?
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David Rogers, speaking of copyrights, notes,
My question comes from seeing pulp stories
being made available on the Internet where
there is often a comment to the efftect that after
investigation no copyright holder was found to exist.
Maybe there is a copyright holder but they are not
currently staking there claim.
Sometimes the "investigation" is rather cursory. I saw an item up for
auction on eBay -- the DVD of an older film -- and I noticed that the
artwork presented for the film had an anomalous image on it. I queried
the seller, and got the response that, "since the film is in public
domain, I can alter it as I want." The problem? As far as I knew, the
film was *not* in public domain.
I suspect that a significant number of claims of copyright status are, at
best, merely guesses.
Stephen A. Kallis, Jr.
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Date: Wed, 20 Feb 2008 15:07:48 -0500
From: Don Shenbarger <donslistmail@[removed];
To: [removed]@[removed]
Subject: Re: new boombox
On 2/20/2008 Tom Kirby wrote:
I just got an RCA model RCD159 which handles my MP3 CDs (I did
have one that I have to check out on the computer because it
came up with a NO DISK error on this player), and it only cost
about $50, including shipping and tax.
I use the same table top player and had the same error occur on one
of my MP3 CDs. I had a reason to copy that CD to a MP3 player
recently and the disc was unreadable on a Windows XP computer. I was
able to read it using a Windows 98 computer and found two of the
files I wanted were corrupt. This is the first occurrence of a CD-R
media failure in my experience. That disc has been played several
hundred times in the last eight years as it is one of three that get
almost exclusive use at night. Once it goes in the player, it stays
there for several weeks before I swap it with one of the others.
I put the player in pause during the day (never turn it off). So long
as the drive is not running, that doesn't seem to bother it. The
display has no light nor are there any power indicating lights and I
like that. But it does mean you need to keep a flashlight handy if
you want to see anything. I have been using it for about four months.
I'll report on the new MP3 player after checking it for low bit rate
limits. So far I like it.
Don
------------------------------
Date: Wed, 20 Feb 2008 16:34:37 -0500
From: Don Shenbarger <donslistmail@[removed];
To: [removed]@[removed]
Subject: Re: The Library of Congress
On 2/20/2008 David Rogers wrote:
I have a question.
Do you think we will ever get to a stage where all things are available unless
a library can prove that a copyright holder exists? This would shift the onus
as to who has to prove something. We would move from the situation now where
"everything is protected unless you can prove there is no owner" to a
situation where "things are free unless you can prove there is an owner."
No. At least not with respect to any Federal library or Federal
custodian of copyright materials. If anything, the trend continues to
be the other way with protection periods constantly increasing,
declarations of everything is copyright even without registration,
and movement of simple protection requiring owner's action against
unauthorized users to violation of a Federal crime for copying in
some circumstances.
And it doesn't matter how much public money is spent on the effort to
store and restore the library (millions have been spent restoring old
films at no expense to film owners). It's owned by the copyright
holders. Note the use of "in perpetuity" in the following document.
Read: [removed]
Don
------------------------------
Date: Wed, 20 Feb 2008 18:21:42 -0500
From: "Martin Grams, Jr." <mmargrajr@[removed];
To: <[removed]@[removed];
Subject: The Shadow magazine article
FYI: The December 2007 issue of GOOD OLD DAYS magazine
([removed]) has an article about THE SHADOW on both radio
and the pulps, and the collector items. Article is called "Master of Law and
Order" and appears on page 80. Magazine is an enjoyable read if the format
and the articles are your cup of tea (almost every article is written by
someone who recounts the by-gone era from their recollections - there are no
encyclopedia style articles). Someone recently wrote an article about their
recollections of LUM AND ABNER on the radio, but I do not know which issue
that was.
------------------------------
Date: Wed, 20 Feb 2008 21:01:14 -0500
From: "Martin Grams, Jr." <mmargrajr@[removed];
To: <[removed]@[removed];
Subject: Grand Central Station & Curtain Time
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I am presently finishing a book and hoping to incorporate some old-time radio
within the pages, in connection with the script writer. However, as much as I
dug into archives at libraries, script collections and reference guides, I
came across a couple road blocks. if anny researchers or scholars can help
fill in the gap, I would be indebted to you (as well as the usual
acknowledgments and complimentary copy of the book).
GRAND CENTRAL STATION
According to my records, the following two episodes were broadcast:
September 10, 1949 "Hop Off the Express and Grab a Local"
December 31, 1949 "The Welcome Home"
I came across a third script, however, entitled "A Little Guy Named Johnny
O'Neil" with no broadcast date. I am looking for a broadcast date, as there
is always a possibility that it was never broadcast, but it's also possible it
aired and the date is unknown. It would have been 1949 or early 1950 if it
was even broadcast.
CURTAIN TIME
I have two scripts with the following titles and airdates, but I need to
verify whether these were even broadcast or the dates correspond to the
author's date of composition, and they were never aired.
"The Most Dangerous Game" dated June 22, 1947
"Look to the Sky" dated July 13, 1947
Can anyone help?
Martin Grams Jr.
mmargrajr@[removed]
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Date: Wed, 20 Feb 2008 21:01:43 -0500
From: "Robert Birchard" <bbirchard@[removed];
To: [removed]@[removed]
Subject: Copyright; was: Library of Congress
David Rogers wrote:
My question comes from seeing pulp stories being made available on the
Internet where there is often a comment to the efftect that after
investigation no copyright holder was found to exist. Maybe there is a
copyright holder but they are not currently staking there claim.
This sort of disclaimer is meant to be preemptive, not unlike the "no rights
given or implied" which is routinely put in film collectors ads. They
probably haven't done any more than the most cursory internet search on the
author's name as seen in print. If someone comes forward to tell them to take
it down thay can say, "Oops! No offence. I'll take it down right away," and
there's a pretty good chance that will be the end of any action.
------------------------------
Date: Wed, 20 Feb 2008 22:12:55 -0500
From: Ronald Sayles <bogusotr@[removed];
To: Olde Tyme Radio Digest Digest <[removed]@[removed];
Subject: 2-21 births/deaths
February 21st births
Can you believe that it is one year since Hal died?
02-21-1880 - Frank Orth - Philadelphia, PA - d. 3-17-1962
actor: Inspector Faraday "Boston Blackie"
02-21-1881 - Dr. Jonah B. Wise - Cincinnati, OH - d. 2-1-1959
preacher: "Message of Israel"
02-21-1889 - Russell Bankson - d. 12-xx-1975
news commentator: KHQ Spokane, Washington
02-21-1893 - Ernest Whitman - Fort Smith, AR - d. 8-5-1954
actor: Bill Jackson "Beulah"; Roustabout "Circus Days"
02-21-1901 - Reginald Kirby - England - d. 5-25-1972
writer: "Road to Tokyo"
02-21-1903 - Roland MacLane - d. 2-xx-1984
writer: "Edgar Bergen/Charlie McCarthy Show"; "My Friend Irma"
02-21-1907 - W. H. Auden - York, England - d. 9-29-1973
writer: "Columbia Workshop"
02-21-1909 - Ray Hedge - d. 7-11-1994
actor: Clarence Tiffingtuffer "Myrt and Marge"
02-21-1915 - Ann Sheridan - Dallas, TX - d. 1-21-1967
actor: (The Oomph Girl) "Smiths of Hollywood"; "Stars in the Air"
02-21-1916 - Norman Jolley - Adel, IA - d. 8-13-2002
actor: Dr. Milingro "Space Patrol"
02-21-1917 - Al "Red" Benson - d. 6-19-1966
quizmaster: "Take A Number"
02-21-1921 - Shirley Bell - Chicago, IL
actor: Little Orphan Annie "Little Orphan Annie"; Patsy Donovan
"Captain Midnight"
02-21-1929 - James Beck - Islington, North London, England - d. 8-6-1973
actor: Private Joe Walker "Dad's Army"
02-21-1933 - Nina Simone - Tyron, NC - d. 4-21-2003
singer: "Voices of Vista"
02-21-1938 - Wolfman Jack - Brooklyn, NY - d. 7-1-1995
disc jockey: Mexican Border Radio"
February 21st deaths
01-01-1878 - Edwin Franko Goldman - Louisville, KY - d. 2-21-1956
bandmaster: "The Cities Service Concert"; "The Pure Oil Band"
01-03-1942 - John Thaw - West Gorton, England - d. 2-21-2002
actor: "Peter Pan"
01-26-1927 - Ronnie Hilton - Hull, England - d. 2-21-2001
singer: "Sounds of the Fifties"
02-01-1926 - John Blashill - d. 2-21-2006
disk jockey: KVOE Santa Ana, California
03-19-1909 - Louis Hayward - Johannesburg, South Africa - d. 2-21-1985
actor: "Screen Guild Theatre"; "Harold Lloyd Comedy Theatre"; "This
Is My Best"
03-22-1905 - Don Dowd - Philadelphia, PA - d. 2-21-1977
annoouncer: "Moon River"; "Don McNeill's Breakfast Club"
03-25-1901 - John Earl Fetzer - Decatur, IN - d. 2-21-1991
broadcast pioneer: "WKZO Fiftieth Anniversary Broadcast"
06-10-1931 - Hal "Harlan" Stone - Whitestone, Long Island, NY - d.
2-21-2007
actor, author: Jughead Jones "Archie Andrews"; "[removed], Archie!
Re-laxx!
06-16-1919 - Al Viola - Brooklyn, NY - d. 2-21-2007
guitarist: "Elgin Thanksgiving Day Greeting to America"
08-10-1907 - Jane Pickens - Macon, GA - d. 2-21-1992
singer: (Pickens Sisters) "Gulf Headliners"; "Evening in Paris";
"Jane Pickens Show"
09-02-1914 - Tom Glazer - Philadelphia, PA - d. 2-21-2003
folk singer: "[removed] Radio Project"; "Living 1948"; "The Eternal Light"
12-03-1917 - Kermit Slobb - d. 2-21-2004
writer: "Jack Armstrong, The All-American Boy"
12-10-1913 - Morton Gould - Richmond Hill, NY - d. 2-21-1996
conductor: "Music for Today"; "Original Amateur Hour"; "Cresta Blanca
Carnival"
Ron Sayles
Milwaukee, Wisconsin
------------------------------
Date: Thu, 21 Feb 2008 09:09:33 -0500
From: "MICHAEL BIEL" <mbiel@[removed];
To: <[removed]@[removed];
Subject: Sound recordings copyrights
David Rogers asked:
Do you think we will ever get to a stage where all things are available
unless a library can prove that a copyright holder exists? This would
shift the onus as to who has to prove something. We would move from the
situation now where "everything is protected unless you can prove there
is no owner" to a situation where "things are free unless you can prove
there is an owner." My question comes from seeing pulp stories being
made available on the Internet where there is often a comment to the
effect that after investigation no copyright holder was found to exist.
Maybe there is a copyright holder but they are not currently staking
there claim.
I hate to get into copyright discussions here, partially because Charlie
doesn't like it when these threads go on and on. I'll just briefly say that
there is a fundamental difference between printed items (such as those pulp
stories) and sound recordings.
Under the 1909 copyright law, sound recordings couldn't be copyrighted. The
script of the recording or the song itself could be copyrighted, but not the
sound recording. This changed in 1972 when a special law was passed
allowing for the copyright of sound recordings (phonorecords, etc.). But a
strange compromise for pre-1972 recordings was put into the law that
essentially started the clock for all prior recordings at 1972, not when the
recording was made. Three years later, the new 1975 law placed sound
recordings into the collaborative/corporate category that gave them a term
of 75 years. The Sonny Bono Copyright Extension Law added 20 years to that.
So ALL pre-1972 sound recordings will remain in copyright until 2067. The
copyrights for all post-1972 recordings will expire 95 years from the year
of their fixation, which will all be after 2067.
Are any pre-1972 recordings in the public domain? Supposedly not, because
since they could not be copyrighted at the time they were recorded, they
could not have been registered with the Copyright Office. Since they
couldn't have be registered they didn't have to have been submitted for
registration. They were all automatically given a status that essentially
rendered them in common-law copyright status as "unpublished" which places
them under the laws of the state of fixation, which generally is a permanent
non-PD status, until 2067, that is. The assumption is that this even
includes recordings made before the 1909 law, which can go back into the
1880s.
For more than 20 years I have been discussing a concept of "abandoned"
copyrights, similar to what is in the trademark regulations. Ideally it
would be a use-it-or-lose-it regulation which would put out-of-print
recordings into PD status after a certain numbers of unused years. Since
that would never be acceptable, I have been promoting the idea that if a
copyright holder does not have a recording available to the public for a
certain period of time, then anybody would be allowed to use or issue the
recording under a "compulsory license". This would compel the copyright
holder to issue a use-license upon payment of a nominal royalty fee, the
amount of which would be fixed by law. This is similar to the compulsory
mechanical license which compels the copyright owner of a song, for example,
to allow anybody to get a mechanical license to record a song once the owner
has issued a mechanical license to the first user. These licenses cost a
fee set by law, plus a royalty based on sales, also set by law.
Thus it would still cost a fee to use a recording, but they would be
required to issue the license. This concept is one of several which ARE
being considered by the Library of Congress and the Copyright Office. BUT
any of the policies suggested by them would have to be passed into law by
Congress. This would not be easy because there is BIG MONEY behind those
who not only object to this, but consider the 95 year term TOO SHORT
!!!!!!!!!!!
Some of these copyright issues are discussed and/or linked to on Tim Brooks'
ARSC Copyright Committee page on the Association for Recorded Sound
Collections web site, [removed]
Michael Biel mbiel@[removed]
------------------------------
Date: Thu, 21 Feb 2008 15:32:14 -0500
From: seandd@[removed]
To: [removed]@[removed]
Subject: OTR in the News
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An OTR retrospective radio show airing in New Hampshire gets a very generous write-up in the Seacoast Online paper [removed] John Lovering explains why he loves OTR, which shows he likes to play on his program and community audio theater he stages at his station, WSCA (he has 50 actors working with him).Read all about it: [removed] Sean DoughertySeanDD@[removed]
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End of [removed] Digest V2008 Issue #49
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