Subject: [removed] Digest V01 #174
From: <[removed]@[removed]>
Date: 6/6/2001 8:49 PM
To: <[removed]@[removed];

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


                      The Old-Time Radio Digest!
                         Volume 01 : Issue 174
                   A Part of the [removed]!
                           ISSN: 1533-9289


                           Today's Topics:

 Re: COPYRIGHTS                       [SanctumOTR@[removed]                 ]
 David Phaneuf's Step-Dad's Baby-Sitt [Jack A French <otrpiano@[removed]; ]
 Picture Books                        [Israel Colon <colon@[removed]]
 Imagination Theater                  [Israel Colon <colon@[removed]]
 "Radio Spirits-"From a former and fu ["[removed] Wolfe" <rjrmemorabilia@yahoo.]
 Everything's Okeh                    [Bhob Stewart <bhob2@[removed]; ]
 parting shot                         ["J. Alec West" <Alec@[removed];]
 PAUL McGRATH                         [PURKASZ@[removed]                    ]
 "How taping is killing music"        [leemunsick@[removed]           ]
 Re:Question regarding 'public domain [Kenneth L Clarke <kclarke5@[removed]]
 Re: Snake Song                       [Michael Biel <mbiel@[removed];       ]
 Thanking the Stone                   [PURKASZ@[removed]                    ]

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

Date: Wed, 6 Jun 2001 15:04:53 -0400
From: SanctumOTR@[removed]
To: [removed]@[removed]
Subject:  Re: COPYRIGHTS

In a message dated 6/6/01 7:02:29 AM, Michael Biel writes:

Our founding fathers passed the original copyright and
patent laws in order to encourage the creation of works and inventions
by granting the creators protection to use and profit from their works
FOR A LIMITED TIME PERIOD.  Then the work would pass into the Public
Domain to allow its use by the PUBLIC for the PUBLIC GOOD.  <SNIP>
All this sob-story about copyrights protecting the composers
and writers is hogwash.  Remember, most copyrights are corporate held.

***Are MOST copyrights corporate held, or just the ones that generate huge
profits (MICKEY MOUSE, SUPERMAN, X-MEN, major movies, etc.) or those in the
recording industry?  It seems to me that most of the copyrights on published
fiction and books are held by the author (or can be claimed by the author
once the book goes out of print and he's no longer receiving royalties from
the publisher; many contracts provide for the copyright to be returned to the
creator 18 months after the book goes out of print).  Regardless, it's not
uncommon for a creator to benefit from copyrights owned by a publisher.
Walter Gibson received half the royalties from paperback and hardcover
reprints of his SHADOW pulp novels up until his death in 1985.  A number of
DC Comics freelancers from the 1940s and 1950s are receiving reprint checks
for archive reprints of their old comic book stories, partly due to the
efforts of fans like Rich Morrissey (who passed away last week) to identify
who did what and locate the writers and artists who were still alive.  For
decades, the widow of WONDER WOMAN creator William Moulton Marston received a
check every time the character appeared.  And while Jerry Siegel and Joe
Shuster sold the copyright to SUPERMAN for $130 in 1938, they were splitting
$100,000 annually during the 1940s and in later years were receiving a
pension of around $50,000 each annually, plus medical insurance and survivor
benefits for their families.  And Bob Kane, who never sued for copyright,
made millions in royalties in recent decades off the creation of BATMAN.***


Currently the copyright term for corporate copyrighted sound recordings
in the European Common Union is 50 years from time of creation.

***Hmmn, is it 50 years from time of creation or 50 years past the death of
the creator?  I thought one of the arguments for extending copyright terms
was to bring them in  line with British and European copyright terms.  Is the
European term for personally-held copyrights 'til 50 years after the
creator's death?  There is some valid logic to extending copyright protection
since people are living longer these days.***

In the past few weeks we have been joking over at the 78-L
about this, saying, just wait till 2006 when the first Elvis Presley
records hit [removed]  THEN it will hit the fan, and the EC governing body
will be bombarded with demands to increase copyright terms.  If terms
are not increased, look out in 2012 when the Beatles recordings start
hitting [removed]  WOW, will the fur fly!

***And in 2012, the surviving Beatles will be in their very early seventies.
Are you saying they SHOULDN'T receive revenue for their songs after that
point (or that we shouldn't still love them after they're sixty-four)?  Or
that thier widows and children shouldn't benefit?  And by the way, the record
publishers who would be rushing to release unauthorized versions of
copyright-expired songs would most likely be corporations.  I'd far rather
see the original creators and their families sharing a piece of the financial
pie.

While I do work as a freelance writer for Radio Spirits (and other
publishers), I'm speaking here as a writer (and former artist) who has paid
his rent and mortgage payments off income received from publishers for more
than a quarter of a century.  I have been disturbed by comments in recent
weeks from some listers who proudly insisted they would download anything
they could get for free (or cheaper) no matter who was the true owner.  And I
know that material I wrote for THE SHADOW SCRAPBOOK and own the copywright on
has often appeared on the internet in its entirety without anyone ever
requesting permission from me.  NEWSWEEK printed an article a couple weeks
ago by a major author whose latest novel was being downloaded via Napsters
and reported on the efforts of authors like Harlan Ellison to stop this
piracy.

And when the work is in copyright, that's what it is . . . piracy.
Copyrights are property and protected by laws against theft.  Would the same
listers brag about shoplifting or stealing from their employers?  What
happened to the ethics we learned listening to the adventures of Superman,
The Lone Ranger and The Shadow.  You know, "The weed of crime . . ."

In the spirit of Amari/RSI bashing, some listers have been throwing in
everything but the kitchen sink and ignoring some of the real issues of this
particular case.  One diligent member pointed out that he'd checked the OTR
available on Napster and it seemed to consist primarily of the contents of
the RSI CHRONKITE 60-swow collection.  If this is the case, Napster is
selling RSI's digitally engineered and remastered recordings . . . and
charging double what they go for in the original collection.

Copyright laws also pertain to an editor's work in selecting stories for an
anthology.  One can't just lift the exact contents of a best-selling short
story anthology because some of the stories are public domain.  There is some
copyright protection for the collection as a whole, and the work that has
gone into the selection of the contents.  (And while Walter Cronkite had the
final say on the programs in that collection, I was paid by RSI to compile a
list of nearly 100 shows from which Cronkite later made his final selections.
 It cost RSI additional money to select those particular programs . . . for
what I personally think is the all-time BEST overall collection of great
radio shows.  I was paid by RSI to help in the selection, and I'd rather see
the company that paid me for that research profit from my efforts than a
company who had no investment in that process.)

(Things could be a whole lot worse.  Remember when Radiola and Conde Nast
launched $100,000 lawsuits against a number of OTR dealers who had sold
SHADOW tapes a few years ago?  The lawsuits were issued without any prior
cease-and-desist warning, and one dealer who had only sold two SHADOW
reel-to-reel tapes and three cassettes in the previous year found himself
facing huge legal bills.  And Radiola wasn't interested in promises from
dealers that they wouldn't sell SHADOW programs in the future; they wanted
big bucks in penalty!!!)

One lister recently questioned whether Joan Benny, etc. actually owned the
complete rights to their parents' shows.  Well, personally, I'd like to think
that Joan and the kids of George and Gracie, Edgar Bergen, etc. were getting
something for the commercial use of their parents' talents.  And also stars
like Milton Berle and Bob Hope who are still around, and creators like Norman
Corwin, David Kogan (of THE MYSTERIOUS TRAVELER, THE STRANGE DOCTOR WEIRD and
TEH SEALED BOOK who receives royalties from RSI) and the descendents of
Howard Koch.

(BTW, to answer a recent question, Howard Koch ended up with the copyright on
"The War of the Worlds" script because Princeton University copyrighted it in
his name when they reprinted it in the Cantrell book, even though large parts
of the script were actually written by Paul Stewart and John Houseman,  Also,
Koch's original contract to adapt the scripts reportedly included a clause
giving him the copyright on his scripts.  Perhaps he hoped to later resell
his scripts to other radio series as many scriptwriters regularly did.)

In many cases, an author doesn't receive renumeration from the publisher for
reprints of work-for-hire writings.  However, he WAS paid when he first sold
the story.  Should he have received a better deal from the publisher?  Sure,
just as most of us would like to be better paid by our employers.  But he/she
did receive some compensation in the first place.  Fran Striker should have
gotten far more when he sold the LONE RANGER copyright.  However, he did make
a good living during the 1940s as WXYZ script editor and head writer.  Do I
wish that Golden Books (the current copyright owner) would voluntarily share
some of the LONE RANGER residual money with the Striker estate as DC Comics
does with its former writers and artists.  Definitely!   But I still don't
begrudge the current copyright owners from benefiting from their purchase of
the LONE RANGER copyright.

Again, I'm speaking as an author/artist who has supported my family for
decades off my creative work and not as a representative of RSI.  And like my
late friend Walter Gibson, I recognize the necessity of publishers making a
profit in return for their envestments and risks.  Would I like to receive a
bigger piece of the pie?  Sure, but it's not as simple as writers=good,
publishers=bad; or collectors=good, dealers=bad.

One thing is for sure:  It's collections like RSI's and programs like WHEN
RADIO WAS that are keeping OTR in the public eye and introducing new
generations to radio's wonderful "theatre of the imagination."  If not for
publishers like Carl Amari, this hobby would be in danger of becoming a "last
man's club."  --ANTHONY TOLLIN***

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

Date: Wed, 6 Jun 2001 16:07:18 -0400
From: Jack A French <otrpiano@[removed];
To: [removed]@[removed]
Subject:  David Phaneuf's Step-Dad's Baby-Sitter

Doris Day, who was called Doris von Kappellhoff when baby-sitting Phaneuf's
step-father, got her first (unpaid) radio job as a teen-ager, singing on a
local variety show, "Karlin's Karnival", on Cincinnati's WCPO. It was
sponsored by Karlin's Department Store.

While still in high school, she obtained a singing job at a local supper
club, Barney Rapp's, making $ 25 a week. Barney insisted she change her last
name as "von Kappellhoff" would not fit on his marque, and he talked her into
"Doris Day".

NBC-Blue frequently broadcast musical remotes from Barney Rapp's in the late
30s. One of those broadcasts, from the summer of 1939, has survived and a 15
year old Doris can be heard as one of the singers in this program.

After she graduated from high school, Doris began touring with Bob Crosby's
Band, and later Fred Waring, and for a long time, Les Brown. She can be heard
on some of the remotes of those orchestras that have survived. From 1948 on,
most of her work was in Hollywood films, but she still did radio work. She
was on the Bob Hope Show from 1948-50 and had her own network radio show
1952-53.

Jack French
Editor: RADIO RECALL

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

Date: Wed, 6 Jun 2001 16:32:33 -0400
From: Israel Colon <colon@[removed];
To: <[removed]@[removed];
Subject:  Picture Books

Hi,

Someone recently mentioned several photo books of OTR actors.  Several are
out of print.  However, I bought three on Ebay and they can be obtained
there at reasonable prices.

Israel

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

Date: Wed, 6 Jun 2001 17:13:49 -0400
From: Israel Colon <colon@[removed];
To: <[removed]@[removed];
Subject:  Imagination Theater

Hi everybody,

For those who like the style of OTR, you may want to try and listen to
Imagination Theater.  They produce contemporary shows in the old style
format.  It can be head live or if you missed the shows, they post them on
their site.  Their site is:

[removed]

Good listening,
Israel

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

Date: Wed, 6 Jun 2001 22:26:00 -0400
From: "[removed] Wolfe" <rjrmemorabilia@[removed];
To: [removed]@[removed]
Subject:  "Radio Spirits-"From a former and future dealer
 who knows

It seems like you could use some first hand insight on
how contemptable Carl Amari's business practices are.
My dad and I formerly owned and operated "RJR
Enterprises" and were some of the many people the
afore mentioned threatened with litigation. "Radio
Spirits" threats weren't the reason "RJR" ceased to
exist. My father's passing was.
                             Four people who regularly
contribute to this forum, Tom Kleinschmidt, Mike
Ogden, Chuck Huck and Don Dean all were customers of
"RJR" and probably remember the Christmas flyer that
we annually sent out. 1992 was the last time we mailed
one and we made the mistake of sending one to the
afore mentioned which was returned to me with 90% of
the flyer highlighted in yellow.
                         Some of the shows he
highlighted included "The Lone Ranger," "Our Miss
Brooks," Judy Canova," "lum And Abner,' "The Cinnamon
Bear," "The Railroad Hour" and "Let's Pretend." This
is just the beginning of his tactic. He claimed to own
the "exclusive distribution rights" to practically
everything that was listed on the flyer, (Tom, Mike,
Chuck and Don know exactly how much material was
listed.) He then demanded that I turn over my sales
records to him so he could look at them and determine
which shows he owned the distribution rights to. Then
I was supposed to pay him a RESIDUAL for each show he
claimed to own! I told my father that I'd burn our
sales records before I would turn them over to that
!!###$$$$
     Some of the shows we were selling in 1992 were
better recordings of shows that I had purchased
between 15 and 18 years from people like Carl Froelich
Jr., Mrs. Jean Gibbs at the "Nostalgic Radio Company"
and the "Ballymote Tape Library."  Then all of a
sudden almost 20 years later he claims to own the
rights to these and just about every other show that
was ever broadcast on radio. I don' think so.
                                              Some of
the things he calls the "Smithsonian Collection" has
been in general circulation long before the afore
mentioned was. One that immediately comes to mind is
Orson Welles adaptation of "Les Miserables." The
"NARA" has had it in their library for god knows how
long. The information booklets aren't what they're
cracked up to be either. In the last ones he sent out
several broadcast dates do not match the dates that
Jay Hickerson has listed in his official "Circulating
Guide." Two series' that immediately come to mind or
"Burns And Allen" and "Duffy's Tavern" because the
dates in the booklets DO NOT MATCH Jay Hickerson's in
his "Circulation Guide" and these aren't the only
ones. They're just the ones that come to mind at this
moment.
    The major majority of the old radio stars that are
still around couldn't care less about a residual.
People like Phil Harris, Alice Faye, Dennis Day, Eve
Arden, Jimmy Stewart and Bob Hope were happy that
there work was entertaining people 50 years later. If
the afore mentioned really cared about "OTR" he'd send
a residual check to Gretchen Jordan (Jim's widow"
every time he sales a "Fibber McGee And Molly" tape or
a check to Betty Hutton each time he sales a program
that she guest stars on. Do you actually think he'd
ever do such a thing? I've personally given cassettes
of "OTR" to Jane Wyatt because I thought she'd like to
her old work and listen to a couple of shows with
Robert Young. I met Finola Hughes when she was playing
"Anna Devane" on "General Hospital" and gave her shows
with her co-stars at the time Bob Hastings, Frank
Maxwell and Martha Scott. The first story line
Kristina Malandro was ever involved with concerned the
fact that they thought "Felicia" was a direct
decendant of Maximillian and Empress Carlotta. They
did the exact same story on the "Railroad Hour" and I
knew I had to send it to her. About two weeks later
she responded with an 8 X 10 autographed photo and
enclosed a note with the picture saying that after
listening to the "Golden Empress" on the "Railroad
Hour" it influenced her to take a week-end trip to
Mexico City. I also met Richard Moll with he played
"Bull" on :Night Court" and was working with Florence
Halop. I thought he might like to hear her play "Miss
Duffy" on "Duffy's Tavern" and read where Harry
Anderson was doing some adaptions from Damon Runyon
and ran some episodes of the "Damon Runyon Theater"
for him. One other person that comes to mind is Bob
Feller. I might him at beautiful "Engel Stadium" the
former home of the "Chattanooga Lookouts" and whenever
I gave him two cassettes of his own show and another
tape with him guesting with Jack Benny and on the
"Colgate Sports Newsreel" with Bill Stern he responded
by saying, "Where in the hell did you get these?" I
smiled and said, "You just have to know where to
look." Now I ask you does it sound like any of these
people ever thought, "Did this guy pay Bob Hastings,
Martha Scott, Florence [removed] residual on their
work?" It never entered their minds and on the sale of
a $[removed] cassette what would the residual be anyway -
25 cents maybe.
              Hopefully from reading this you've found
out exactly how the afore mentioned threatens other
radio dealers. But is it wrong to keep this wonderful
material alive? He seems to thing that he should be
the only person allowed to do so. As for "RJR
Enterprises" I working on bringing it back to life
too. But I'm planning to add other types of
merchandise to the business such as videos, music from
the 30's to the 50's that regular so called music
stores don't handle, Un autographed color and Black &
White 8 X 10 glossies along with some of the various
celebrity address books for autograph collectors and
maybe even a line of books if I can get them out a
good wholesale rate and of course the old radio shows
that we all still love so much. I'm also toying with
the idea of starting a quarterly subscription service
for OTR Logs because I've found that most of the
information about shows and dates that's posted on the
Internet is copied over and over and never verified.
Case in point the "Sixshooter." Even John Dunning
didn't listen to the last show of 1953 because it's
clearly stated that the next broadcast will be 10 days
from now on Thursday. John Dunning states that the
series didn't move until April of 1954 and this is the
exact reason why the only information I trust is my
own because I always verify dates and show titles
before they're put into a log because accuracy is the
key and the shows need to be paired in c hronological
order so you'll know what you have and know what you
need. When the business is restarted it's going to be
called "RJR Memorabilia" and I hope to be up and
running again by the fall. Time will [removed]
                                     Rusty

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

Date: Wed, 6 Jun 2001 22:25:57 -0400
From: Bhob Stewart <bhob2@[removed];
To: [removed]@[removed]
Subject:  Everything's Okeh

A fascinating Associated Press article on Joe Bussard's 78rpm collection
mentions, "During the week, Bussard records old-time music programs for
Appalachian radio stations.":
[removed]

JOE BUSSARD: [removed]

Does anyone know the names of these programs and stations?

Bhob @ SHOWBIZ @ [removed]

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

Date: Wed, 6 Jun 2001 22:25:55 -0400
From: "J. Alec West" <Alec@[removed];
To: [removed]@[removed]
Subject:  parting shot

Jim Strouf wrote:

Several issues back, StepToons wrote that us Napster users and supporters
were "thieves".

Since Napster will by dying shortly, I have to agree with another poster in
saying perhaps it's time to let it die peacefully and move on to discussion
specifically germaine to OTR.  But, I can't resist a parting shot.

I've always been fascinated with the "thieves" tag stapled to Napster and
users.  The FTC found that the MAP policies of the music cartel have ripped off
the music consumer to the tune of $480,000,000 -- and that's only for the three
years to which they limited their investigation.  And, the 28-state antitrust
lawsuit against the cartel, spearheaded by New York Attorney General, Eliot
Spitzer, speculates the rip-off may even be more extensive than that.  Point
is, the rip-off happened before Napster was born.  While thievery is a
contemptable act and should be punished under "American" justice, stealing from
a thief who has already stolen from you has the virtue of invoking a sort-of
"poetic" justice <grin>.

Regards,
J. Alec

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

Date: Wed, 6 Jun 2001 22:25:53 -0400
From: PURKASZ@[removed]
To: [removed]@[removed]
Subject:  PAUL McGRATH

    Yes, there is an Elizabeth and her info on McGrath is duly noted and
appreciated and yes, Mary, the Lipton Tea lady was not only an uncommon scold
of the dear vault-keeper, but offered many scary soup recipes and tea
accolades.
    I may have her (Elizabeth) on a point of audible recognition though. I
was happily involved with a scene in a movie called, "Advise and Consent"
with the great Charles Laughton, when a minor character joined him on a bench
outside a [removed] building to discuss some red-baiting issue.
    Then I heard it.
    The voice.
    It was Paul McGrath in 1962.
    My night was happier.
    The ear scores again!
    Thanks Elizabeth.
                    Gwynne

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

Date: Wed, 6 Jun 2001 22:25:51 -0400
From: leemunsick@[removed]
To: [removed]@[removed]
Subject:  "How taping is killing music"

Reference to this complaint in the early days of tape-swapping and the
like, I am reminded of complaints made by none other than John Philip Sousa
about early sound recordings.  He felt records would kill live music, put
band musicians and leaders out of work, and sound the death knell for
popular music of the time.

Of course the opposite happened.  In time Sousa realized this, and started
recording himself.  His records--like his martial sheet music--sold very
well, and I'm sure he didn't mind the added income.  For a time, the
availability of records increased interest in music by the public, so music
itself became more popular.

Radio was going to put actors, musicians, directors, writers and the like
out of work.  Yeah, right!

Unfortunately, it is true that no longer does any American home which can
afford one, have a piano and one or more pianists to play.  Nor do we stand
around one and sing, save perhaps at parties.

I would say that what kills music is "music", in the sense of what is
euphemistically termed "music" these days.  Witness the longevity of so
many standard songs over the years, and then look at contemporary "popular
music" of today, if one can call it that.  Do the rock and rap and rip-off
artists of today really believe that their youngsters will wax nostalgic
and stand around and sing their songs in 50 years?  And what will have
happened to the standards in the meanwhile?  This is true of classical
music, as well.

Not merely in this connection, my heart aches for the future of our nation.

Lee Munsick

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

Date: Wed, 6 Jun 2001 22:25:49 -0400
From: Kenneth L Clarke <kclarke5@[removed];
To: [removed]@[removed]
Subject:  Re:Question regarding 'public domain' programs

Is  there a way to find out what programs are 'public
domain' ? (Hopefully one which isn't long and drawn out.)

If a program is 'public domain', can another individual
get the copyright to the program by purchasing it?

Just curious.

Kenneth Clarke

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

Date: Wed, 6 Jun 2001 22:31:14 -0400
From: Michael Biel <mbiel@[removed];
To: [removed]@[removed]
Subject:  Re: Snake Song

Sol Bloom, James Thornton, Bonnie Thornton--all connected with the
Hoochie Coochie song?  Wow!  Although this might turn out to be
overshadowed if the claim of "Ballet Egyptien", opus 12, of Alexandre
Luigini is confirmed, I thought I might mention the OTR links to the
first three.

Congressman Sol Bloom is heard during the gala 4-hour innaugural
broadcast of Ed Wynn's shortlived Amalgamated Broadcasting System in
September 1933.

James Thornton is best know for the sentimental song he wrote about his
wife Bonnie, "When You Were Sweet Sixteen".  Apparently Al Jolson knew
Thornton, and it was one of his favorite songs.  Jolson recorded it for
Decca in the late 40s, and an additional performance of it with a spoken
introduction was also released on a posthumous Decca LP from broadcast
recordings of The Kraft Music Hall.

Michael Biel  mbiel@[removed]

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

Date: Wed, 6 Jun 2001 22:31:17 -0400
From: PURKASZ@[removed]
To: [removed]@[removed]
Subject:  Thanking the Stone

Hal:
    Many thanks for the insights and recollection recalling Paul McGrath. I
appreciate the telling tales of your days on the stage with this man.
    Lord knows why he has exerted this thrall over me, it nay have something
to do with the fact that the radio was often in my crib as a dreamy-eyed babe
in the late 40's.
    Inner Sanctum was hit with me even then and that was the beginning of my
love affair with radio.
    By the time I got in forty years ago, summer of '61. the story tellers
were gone but their memory never died in my heart.
    Thanks Hal.
    Big points from me.
                Gwynne

--------------------------------
End of [removed] Digest V01 Issue #174
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