Subject: [removed] Digest V01 #213
From: <[removed]@[removed]>
Date: 7/2/2001 8:40 AM

To: <[removed]@[removed];

    ------------------------------

                          The Old-Time Radio Digest!
                             Volume 01 : Issue 213
                       A Part of the [removed]!
                               ISSN: 1533-9289

                               Today's Topics:

     Mr. and Mrs. Ezra Stone              ["Hoosierwood" <hoosierwood@onemain.]
     Al Jolson                            ["Stanley Probstein" <cwarner3@tampa]
     Re:  Dwight Weist & Name of the Rose [Steve Salaba <philmfan@[removed]]
     The Benny/Allen-fued                 ["Marcus Antonsson" <[removed]]
     Re: Early Mystery                    [Elizabeth McLeod <lizmcl@[removed]]
     What Did You Say?                    ["Stephen A Kallis, Jr." <skallisjr@]
     Benny and Allen thread               ["igsjr@[removed]" <igsjr@[removed];  ]
     A Place for Everything and Everythin ["Stephen A Kallis, Jr." <skallisjr@]
     Details, Details ...                 ["Stephen A Kallis, Jr." <skallisjr@]
     Re: Censorship and OTR               [Kenneth L Clarke <kclarke5@[removed]]
     Re:"Information Please"              [Kenneth L Clarke <kclarke5@[removed]]
     re: in defense of the bolt           [Rob Chatlin <rchatlin@[removed]]
     Anthony Boucher                      ["J. Alec West" <Alec@[removed];]
     Same Character ?                     ["Dr. Gavin Pillay" <gavinp@[removed].]
     Re: Dwight Weist in NAME OF THE ROSE [SanctumOTR@[removed]                 ]
     INNER SANCTUM MYSTERIES QUESTION     ["Mike Kerezman" <philipmarlowe@eart]
     General Mills Radio Adventure Theatr [Jim Widner <jwidner@[removed];       ]
     Jackie Gleason & 'The Honeymooners'  [Chad Palmer <chadpalmer@[removed]; ]
     Calling All Cars                     [Harry Bartell <bartell@[removed]]
     Re: Jack Lemmon/The Brighter Day     ["Robert Paine" <macandrew@[removed]]
     Appearances                          [Harry Bartell <bartell@[removed]]
     Re: Delayed Message                  [John Mayer <mayer@[removed];        ]
     Superman vs. Captain Marvel          ["A. Joseph Ross" <lawyer@attorneyro]

    ------------------------------

    Date: Sun, 1 Jul 2001 10:52:12 -0400
    From: "Hoosierwood" <hoosierwood@[removed];
    To: "group OTR (E-mail)" <[removed]@[removed];
    Subject:  Mr. and Mrs. Ezra Stone

    July 1st will be Sara Seegar's birthday. She was from Greentown, IN. Best
    know as the 2nd Mrs. Wilson on "Dennis the Menace". Best know to OTR as Mrs.
    Ezra (Henry Aldrich) Stone. I am trying to find out where she is buried. The
    Stones were active in local theatre in Buck County, PA. They had a farm
    there. I would like to know if there is a collection of items from her film
    and TV career in a special library or museum.

    "What we have here, is failure to communicate" Strother Martin (Kokomo, IN).
    [removed]

    ------------------------------

    Date: Sun, 1 Jul 2001 10:52:14 -0400
    From: "Stanley Probstein" <cwarner3@[removed];
    To: <[removed]@[removed];
    Subject:  Al Jolson

    For those Jolson enthusiasts here is the Jolson organizations official
    website, [removed]    From: Stan. Probstein at cwarner3@[removed]

    ------------------------------

    Date: Sun, 1 Jul 2001 12:52:38 -0400
    From: Steve Salaba <philmfan@[removed];
    To: [removed]@[removed]
    Subject:  Re:  Dwight Weist & Name of the Rose

    Hal Stone asks Jim:

>     Hi Jim; You mentioned in your recent posting about Dwight Weist that he
>     appeared in the 1989 Movie, "The Name of the Rose". Was that the one
>     starring Sean Connery as the Monk Detective? If so, do you have info as to
>     what part Dwight played in that fascinating film?

    And is answered thusly:

>     ***Actually, Dwight Weist did not actually "appear" in THE NAME OF THE ROSE.
>     He provided the very-important voiceover narration, remembering the story as
>     an older version of Christian Slater's teenaged acolyte character. --ANTHONY
>     TOLLIN***

    I have a joke about that movie:

    At the end, as monk William of Baskerville (Sean) and his apprentice are
    leaving the abbey (which is now in ruins) I imagine two of the abbey's
    monks saying:

    "Who was that strange monk who called himself William of Baskerville?"

    "I know not. But I suspect that he was, in truth, Secret Agent "_ _ VII"

    OK, I guess ya hadda be [removed]

    Steve (lurker and infrequent poster)

    SoftWear Toys & Tees ([removed])
    Lois Bujold Merchandise, Science Fictional Wearables and Furry Puppets

    ------------------------------

    Date: Sun, 1 Jul 2001 13:12:56 -0400
    From: "Marcus Antonsson" <[removed]@[removed];
    To: "OTR Digest" <[removed]@[removed];
    Subject:  The Benny/Allen-fued

    Hi Folks!
    The recent talk about the Jack Benny/Fred Allen-fued has made me wonder about
    a few things. Beeing a 26 year old non-American I don't know much about the
    background. How did the fued actually start, and how did it end? Also, were
    JB and FA the first ones to have a fued on the air?

    Cheers:

    Marc Antonsson

    ------------------------------

    Date: Sun, 1 Jul 2001 13:12:51 -0400
    From: Elizabeth McLeod <lizmcl@[removed];
    To: <[removed]@[removed];
    Subject:  Re: Early Mystery

    Anthony Tollin observes,

>     Actually, the first detective to appear regularly on network radio was almost
>     certainly Sax Rohmer's Nayland Smith, the detective nemesis of Dr. Fu Manchu,
>     who was featured in twelve-part serials on NBC-Blue's THE COLLIER HOUR
>     beginning in 1929.***

    The first Fu Manchu segment on the Collier's program was heard on 5/1/29,
    and I've not been able to document any detective-type network programs
    before that date -- although Fred Smith's short-run mystery serial "The
    Step on the Stair" had been aired over WLW in 1926, and the scripts from
    this series were syndicated to several other stations thru the late
    twenties for local productions.

    The local success of "Step on the Stair" almost certainly paved the way
    for the mystery shows that would follow, and its influence is most
    clearly seen in the first self-contained network program with a
    detective/mystery theme -- "Mystery House," which began over NBC-Red in
    the fall of 1929 and ran into early 1930. This was a creaky
    old-dark-house melodrama written by one Finis Farr. Farr was a
    fascinating story in himself -- he was still in his early twenties when
    he landed at NBC after spending several years as a newspaperman in
    Cincinnati, where he had very likely heard "Step on the Stair" over WLW.
    After leaving NBC in the mid-thirties, he became a right-wing magazine
    journalist -- and after WW2, he spent more than fifteen years as an
    operative for the CIA.

    There was nothing particularly original about any aspect of "Mystery
    House" -- it was a trite melodrama about the Strange Goings On in the
    gloomy Denby mansion in New York. Young gadabaout bachelor/heir Richard
    Brooke had moved into the mansion, and had incurred the enmity of the
    mysterious Professor Montegle, overlord of a band of murderous
    cutthroats, who had used the mansion as their base of operations, and who
    thus plotted to frighten Brooke into leaving by arranging to have the
    house "haunted by the ghost of Old Man Denby." Brooke, in turn, enlisted
    the aid of his friend, the famed criminologist Ransome Renwick, in an
    attempt to get to the bottom of the secrets surrounding the Mystery
    House.

    It was utter hokum, which had already been done to death in novels,
    plays, short stories, and silent pictures, (and which would eventually
    find its ultimate expression in the adventures of Scooby Doo) but it made
    quite an impression on listeners during the winter of 1929-30. While no
    recordings exist, the February 1930 "Radio Digest" includes a short-story
    adaptation of one of the episodes.

    Elizabeth

    ------------------------------

    Date: Sun, 1 Jul 2001 13:11:27 -0400
    From: "Stephen A Kallis, Jr." <skallisjr@[removed];
    To: [removed]@[removed]
    Subject:  What Did You Say?

    Howard Blue asks,

>     Are radio and television shows considered ìpublishedî if they have been
>     aired? I need to quote a few lines from some shows. Can I do so without
>     getting permission from a copyright holder?

    As I understand it, even copyright works can be quoted without having to
    obtain permission as long as what's being quoted is brief.  Thus if you
    quoted one of my favorite likes from Mr. Keen, Tracer of Lost Persons,
    +++++
    KEEN:  Mike, look at this desktop.  What do you make of this?
    MIKE:  It looks like a pad of paper and a pen to me, Mr. Keen, sir.
    +++++
    the use of the lines would be usable if the program was cited.  If,
    however, the quotation was the length of something like Hamlet's
    Soliloquoy, that would be another matter.

    Stephen A. Kallis, Jr.

    ------------------------------

    Date: Sun, 1 Jul 2001 13:21:59 -0400
    From: "igsjr@[removed]" <igsjr@[removed];
    To: [removed]@[removed]
    Subject:  Benny and Allen thread

    I've been reading with great interest the recent thread that asked the
    question why Jack Benny's star seems to have burned a little brighter
    than that of Fred Allen's.  Most of the responses seem to lay forth the
    argument that Allen's topicality is what did him in, as opposed to
    Benny's "timeless" humor.

    I'm not sure this is being fair to [removed]'s show was not free
    from the topical humor of its day; one memorable program has Dennis
    telling Jack that he's become much more vigorous and full of energy
    thanks to the notorious "health tonic" Hadacol--to which Phil Harris
    replies: "Well, we've got the ice, [removed] it [removed]"  (I'm sure
    there are many people who are unfamiliar with the story behind
    Hadacol.)  Actually, I kind of blushed at the one poster who said that a
    person would have to be a history major to get most of the references on
    Allen's show; I never imagined that the reason I get such a kick out of
    Allen's show is due to some lofty academic accomplishment on my part.

    Generally, I agree with most of those people who have theorized that
    Benny's long run on TV ultimately gave him the edge over Allen.  That
    being said, Fred Allen will never wear out his welcome in my house; to
    this day I remain in awe of his wit and talent.

    Ivan

    ------------------------------

    Date: Sun, 1 Jul 2001 14:40:07 -0400
    From: "Stephen A Kallis, Jr." <skallisjr@[removed];
    To: [removed]@[removed]
    Subject:  A Place for Everything and Everything In Its
     Place

    Richard Carpenter, speaking about the concept of OTR continuing unto
    today, cited Jack Benny as observing,

>     He told an interviewer that you could put on the world's greatest radio
>     show and no one would listen.

    Jack Benny was/is one of my favorite comedians.  However, he wasn't
    always right.  I suspect his observation is valid during the prime-time
    hours, but certainly not all the time.  I've maintained for years now
    that a quartet of 15-minute OSR serials during communing hours would work
    well.  Certainly some summertime leisure activities -- sunning oneself on
    a beach, "dozing" in a hammock, going on a picnic, or the like -- would
    work well with OSR.

    Stephen A. Kallis, Jr.

    ------------------------------

    Date: Sun, 1 Jul 2001 14:41:13 -0400
    From: "Stephen A Kallis, Jr." <skallisjr@[removed];
    To: [removed]@[removed]
    Subject:  Details, Details ...

    John Mayer, speaking of the RSI contest for the Shadow Blue Coal ring,
    notes,

>     ... the point is that the contest page does not unambiguously assure
>     the reader that No Purchase is Necessary, as required by law. In fact,
>     the cautionary note "not to miss out on this chance to win" suggests the
>     contrary.

    Just so that we're all on the same page [Page 2 of the catalog :-) ] on
    this, the catalog entry reads in its entirety:

    "Win this original 1941 Shadow 'Blue Coal' Ring -- Plus Other Prizes!

    "This is not a replica -- it's one of the most sought-after premium
    collectable rings on the market today!  In 1941, The Shadow radio show
    offered this glow-in-the-dark ring to loyal Shadow fans if they joined
    the Shadow 'Stop Crime' club.  Shadow sponsor gave away these beautiful
    rings that featured a lump of 'plastic' Blue Coal as its setting and
    images of the Shadow on each of its sides!  The latest Overstreet Toy
    Ring Price Guide values this ring in mint condition at $[removed]!

    "FIRST PRIZE: 1941 Shadow 'Blue Coal' Ring -- value $[removed]
    "SECOND PRIZE: $[removed] Radio Spirits Gift Certoficate
    "THIRD PRIZE: $[removed] Radio Spirits Gift Certificate
    "FOURTH PRIZE: $[removed] Radio Spirits Gift Certificate.
    "FIFTH PRIZE: $[removed] Radio Spirits Gift Certificate

    "CONTEST RULES:  The names of people placing an order from this catalog
    on or before 09-15-01 will automatically be entered into a drawing for
    all 5 prizes, which will take place on 09-30-01.  Winners will be
    notified by mail and their names will appear on our website at
    [removed]  Don't miss out on a chance to win."

    That's the entire text in "unenhanced" letters.

    There may well be clarifications to these rules; in fact, from Dr. Beil's
    posting, I anticipate a clarifying mailing.  But if we're going to
    discuss the drawing, it's better to have more than just excerpts.

    Stephen A. Kallis, Jr.

    ------------------------------

    Date: Sun, 1 Jul 2001 14:41:51 -0400
    From: Kenneth L Clarke <kclarke5@[removed];
    To: [removed]@[removed]
    Subject:  Re: Censorship and OTR

    I've heard several references to censorship  from
    various members of the mailing list in regards to OTR
    programs.  Surely, it was more prevalent then than it
    is now.  If anyone has any further information on
    what the censors objected to, I'd like to know.

    Also:

    [removed] there a uniform procedure in place which all
    censors used?

    [removed] controlled the censors?  The church?  The networks?

    [removed] know Mae West was banned from radio because of the
    infamous "Adam and Eve" skit she performed with Don Ameche.
    Does anyone have a theory on why the censors didn't blue pencil
    the skit before it was broadcast?  She was well known for using
    bawdy repartee in her movies.

    Kenneth Clarke

    ------------------------------

    Date: Sun, 1 Jul 2001 14:42:07 -0400
    From: Kenneth L Clarke <kclarke5@[removed];
    To: [removed]@[removed]
    Subject:  Re:"Information Please"

    I'll make my question simple:

    I heard that Gracie Allen made several appearances on
    "Information Please" as a guest panelist.  By all reports,
    she did very well.  Does anyone have some dates on
    these programs?

    Kenneth Clarke
    kclarke5@[removed]

    ------------------------------

    Date: Sun, 1 Jul 2001 15:25:29 -0400
    From: Rob Chatlin <rchatlin@[removed];
    To: [removed]@[removed]
    Subject:  re: in defense of the bolt

    Bhob Stewart writes:

>     Why "if"? Your comment diminishes what I wrote in #[removed]
>     Are you saying you don't believe me? Or are you saying you want another
>     source? Okay. Here's one: the acclaimed biography ELVIS AND GLADYS by
>     Elaine Dundy (1985).

    I'm not calling anyone a liar, not trying to "diminsh" anyone elses comments.
    What I wrote is based on on information I have.  Personally, I had never
    heard of the Capt. Marvel connection before, so my comments reflected as much.

    You could have presented your additional information without the snide
    allusions.

    rob

    ------------------------------

    Date: Sun, 1 Jul 2001 15:27:43 -0400
    From: "J. Alec West" <Alec@[removed];
    To: [removed]@[removed]
    Subject:  Anthony Boucher

    Every year since 1970, a convention called "Bouchercon" is held to honor the
    memory of Anthony Boucher (aka William Anthony Parker White) and his
    contributions to the mystery genre as writer, critic, editor and fan.  These
    conventions are held in different cities, mostly North American, though
    sometimes in England.  I usually try to attend these conventions and thought I
    was pretty much "up" on Boucher's accomplishments until I ran across a
    reference to a book titled, "The Lost Adventures of Sherlock Holmes: Based On
    The Original Radio Plays By Dennis Green & Anthony Boucher," by Ken Greenwald.

    I may run out and grab a copy of this book myself but wondered if anyone on the
    list already had it.  If you do, is the book descriptive enough to link the
    Boucher radio plays to specific broadcasts (titles/dates???)?  Frankly, until I
    ran across that book reference, I didn't even know Boucher wrote radio plays
    ... though I did know he was a dyed-in-the-wool Sherlockian.

    Regards,
    J. Alec West

    ------------------------------

    Date: Sun, 1 Jul 2001 15:58:48 -0400
    From: "Dr. Gavin Pillay" <gavinp@[removed];
    To: <[removed]@[removed];
    Subject:  Same Character ?

    Hi there,

    I've been listening to Aldrich Family, and it struck me that the voice of
    Homer (Henry's Friend), sounded familiar.
    Is it the same person who plays Jughead in Archie Andrews ?
    Who was he ? .. Anyone know ?

    Thanks,

    -Regards
    OTRGavin

    ------------------------------

    Date: Sun, 1 Jul 2001 15:58:46 -0400
    From: SanctumOTR@[removed]
    To: [removed]@[removed]
    Subject:  Re: Dwight Weist in NAME OF THE ROSE

    In a message dated 7/1/01 10:11:13 AM, Hal ("Jughead") Stone writes:

    <<Hi Jim; You mentioned in your recent posting about Dwight Weist that he
    appeared in the 1989 Movie, "The Name of the Rose". Was that the one
    starring Sean Connery as the Monk Detective?>>

    ***It was.  Connery starred as "Brother Baskerville."

    <<If so, do you have info as to
    what part Dwight played in that fascinating film?>>

    ***My late friend Dwight Weist narrated the film, recalling the events as the
    older version of Christian Slater's character . . . and he delighted in
    recalling an amusing story concerning his casting:

    Dwight received a long-distance call from Germany from the film's director,
    telling him that he'd been selected to narrate the film (after they heard his
    audition cassette).  However, the director had one concern about the casting
    and asked, "Can you make your voice sound like an old man?"

    Dwight replied, "You don't know who I am, do you?"

    Of course, Dwight had often portrayed an "old man" during the golden age of
    radio, but he found the request very amusing at age 79. --Anthony Tollin***

    ------------------------------

    Date: Sun, 1 Jul 2001 22:26:45 -0400
    From: "Mike Kerezman" <philipmarlowe@[removed];
    To: "Old Time Digest" <[removed]@[removed];
    Subject:  INNER SANCTUM MYSTERIES QUESTION

    I have three Inner Sanctum shows I am trying to properly identify. Two of
    them have titles but I am sure these are not correct titles because they do
    not match anything in Jerry's Logs.

    The first one is titled "The Lyon Reins at Hillcrest" and the Second one is
    "Homicidal Maniac"

    Finally, a third Inner Sanctum I have on the tape is Untitled and w/o
    Airdate but includes a Paper Synopsis:

    "A 60-Year old lady whose husband disappeared five years ago lives in a
    tiny cottage in a remote New England area. One winter night, she hears the
    tapping of
    her husband's cane, coming up out of the cellar."

    Note: This is not the Inner Sanctum story "Dead that Walk at Night" which
    also involves a tapping cane.

    Any Inner Sanctum buffs out there that can help.

    sincerely
    Mike Kerezman

    ------------------------------

    Date: Sun, 1 Jul 2001 22:26:47 -0400
    From: Jim Widner <jwidner@[removed];
    To: [removed]@[removed]
    Subject:  General Mills Radio Adventure Theatre

    Greg Przywara asked:

>     Does anyone know if any CBS RMT regulars or OTR folks ever appeared on
>     GMRAT?

    Yes. You can look at a complete log with original story author,
    scriptwriter, cast and dates at my web site:

    [removed]

    Jim Widner
    jwidner@[removed]

    ------------------------------

    Date: Sun, 1 Jul 2001 22:46:05 -0400
    From: Chad Palmer <chadpalmer@[removed];
    To: [removed]@[removed]
    Subject:  Jackie Gleason & 'The Honeymooners' (Slightly
     OT)

    This is slightly off topic, but I was hoping one of our 'Resident' experts
    could clarify something for me.  I remember seeing a TV Land commercial
    recently talking about the 'Lost Episodes' of 'The Honeymooners', and it
    mentioning something about Gleason having it written into his contract that
    he was given a recording of every 'Honeymooners' show.  My question is was
    this true, and if it [removed] why are they know as the 'Lost Honeymooners'?  If
    the recordings were known to exist, how could they be lost ;-).

    Thanks,
    Chad Palmer

    ------------------------------

    Date: Mon, 2 Jul 2001 00:09:23 -0400
    From: Harry Bartell <bartell@[removed];
    To: [removed]@[removed]
    Subject:  Calling All Cars

    Elizabeth McLeod asks about Calling All Cars.

    To the best of my knowledge the show originated on KMPC in Los Angeles.

    Harry Bartell

    ------------------------------

    Date: Mon, 2 Jul 2001 00:09:19 -0400
    From: "Robert Paine" <macandrew@[removed];
    To: <[removed]@[removed];
    Subject:  Re: Jack Lemmon/The Brighter Day

    What I've been able to learn about recordings of this program is that there
    are six radio episodes and one TV ep known to exist. The latter is
    supposedly in the hands of P&G at its Cincinatti HQ's.

    You might check with some of the OTR clubs - SPERDVAC and others. A
    commercial firm had all six but I think it's one of those that may no longer
    be in business. Also - Jim Cox, author of the book The Great Radio Soap
    Operas, may be a good source of information. Hope this helps.

    ------------------------------

    Date: Mon, 2 Jul 2001 00:09:21 -0400
    From: Harry Bartell <bartell@[removed];
    To: [removed]@[removed]
    Subject:  Appearances

    David Phaneuf asks of Harry Bartell:
    < Were there any shows you didn't do?.>

    There were LOADS  of shows I didn't [removed] and it seemed like more at
    the time.

    Harry Bartell

    ------------------------------

    Date: Mon, 2 Jul 2001 02:05:13 -0400
    From: John Mayer <mayer@[removed];
    To: [removed]@[removed]
    Subject:  Re: Delayed Message

    [Sorry; this posting was delayed a couple of weeks by technical problems
    which, hopefully, I've addressed.]

    A Joseph Ross, [removed] <lawyer@[removed];
    responded to my suggestion that Carl Amari may have acquired some of his
    information on OTR property rights by simply broadcasting and/or selling
    the more obscure shows and waiting for someone with a claim to it to
    contact him. I suggested this would be the most expedient approach, as
    opposed to long LOC and contract searches of the sort Elizabeth
    described. Joseph pointed out:

         > It's also a good way to get into a lot of costly legal trouble.

    But* Mr. Amari has already acknowledged that this is what happened in
    his early days of broadcasting on college radio (this, he tells us, is
    how he learned of the importance of copyright). Since he was able to
    placate those he thus unwittingly infringed upon by negotiating with
    them after the fact, surely there was little disincentive for him to
    continue this simple policy, at least initially. While Radio Spirits
    intimidates other dealers, I doubt there is any similar company that
    Radio Spirits, in turn, must fear. And even RS has so far issued Cease
    and Desist orders, as far as I know, rather than Draconic lawsuits.
    Similarly, I suspect if the dealers he puts on notice were to offer to
    retail Radio Spirits tapes for Amari and company, he would not dismiss
    the proposal out of hand.

    I hasten to add that this is pure speculation on my part and, even if
    this were once his approach, I'm sure he has the wherewithal to approach
    licensing in a more methodical manner today. Perhaps there are companies
    such as the Licensing Corporation of America, many of whose licensed
    characters for a variety of companies (DC, Marvel, Hanna-Barbera, MGM) I
    once sculpted for a third party. If so, learning who owns a specific
    property would require no more than an e-mail. If no such company exists
    for OTR, there is a void to be filled.

    BTW, I honestly believe Amari truly loves OTR, much as the comic shop
    proprietor on the Simpsons truly loves comic books (if you've never
    watched the show, give yourself a treat).

    *AIR (As I Recall)

    ------------------------------

    Date: Mon, 2 Jul 2001 02:05:10 -0400
    From: "A. Joseph Ross" <lawyer@[removed];
    To: [removed]@[removed]
    Subject:  Superman vs. Captain Marvel

>     Date: Sat, 30 Jun 2001 09:40:03 -0400
>     From: John Mayer <mayer@[removed];

>     But to further clarify Mr. Inks' Captain Marvel info, even though DC
>     comics (National) brought their infamous lawsuit early after his
>     appearance in 1940, the Captain and his family managed to hang on for
>     many years.

    The lawsuit continued to drag on for a long time.  I read the decision, by
    Judge Learned Hand, in the Court of Appeals, in my Copyrights course in
    law school.  That was over 30 years ago, so my recollection is a bit hazy,
    but I believe the case didn't involve a claim by DC that the basic idea of
    a super-man flying around in tights and a cape was protected by copyright.

    DC claimed that Fawcett copies specific stories and that the artists
    copied specific panels of Superman comics in drawing Captain Marvel.
    Fawcett's lawyers, among other things, claimed that some Superman comic
    strips lacked proper copyright notices which, under the law in those days,
    would put them in the public domain.  I think Fawcett may have tried to
    claim that Superman itself was in the public domain as a result of some
    strips being published without copyright notices, but the court didn't buy
    that.

    The bottom line was that the Court of Appeals remanded the case to the
    District Court, with the direction that every single Superman strip in
    question had to be examined to see whether there was or wasn't a proper
    copyright notice.  It then was necessary to engage in a painstaking strip-
    by-strip comparison of Superman and Captain Marvel strips to identify any
    copying.

    The first was a victory for DC.  In effect, the court was saying that the
    only thing put into the public domain by the lack of a copyright notice on
    a particular strip was the specific drawings and storylines of that strip.
    Superman as a whole did not go into the public domain thereby.

    The second was a major victory for Marvel.  I'm not sure the court said it
    in so many words, but the ruling meant that Captain Marvel, per se, was
    not an infringement of Superman copyrights.  Only specific stories and
    drawings could be infringements, and one had to look, strip-by-strip, to
    see whether they were or not.

    But by the early 1950s, superhero comics were dying out, partly because of
    Dr. Frederick Wertham's attack on comic books as a whole, partly just
    because of changing times.  The comic-book superheros were so invested in
    fighting the battles of World War II that after the war, they seemed to
    have a lot less to do.  It's a bit like the show they tried to do as a
    sequel to Mash, showing the characters back at home.  It was awfully dull
    compared to war, and World War II was as close to an epic conflict between
    good and evil as real life can come.  Most of DC's superheros were
    discontinued during the late 1940s and 50s, as were Captain America and
    most of the other companies' heros.  I believe that Superman, Batman, and
    WonderWoman were the only three to continue throughout that era.

    And so, with sales dropping, Fawcett discontinued the Captain Marvel line
    and settled the lawsuit.  But they would likely have discontinued Captain
    Marvel even without the lawsuit.

     A. Joseph Ross, [removed]                           [removed]
     15 Court Square, Suite 210          lawyer@[removed]
     Boston, MA 02108-2503           [removed]

    --------------------------------
    End of [removed] Digest V01 Issue #213
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