Subject: [removed] Digest V01 #182
From: <[removed]@[removed]>
Date: 6/9/2001 7:31 AM
To: <[removed]@[removed];

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


                      The Old-Time Radio Digest!
                         Volume 01 : Issue 182
                   A Part of the [removed]!
                           ISSN: 1533-9289


                           Today's Topics:

 You're on the Monitor beacon         [otrbuff@[removed]                   ]
 Copyrights and public domain         ["Peter Vollmann" <vollmann@hawaiian]
 Copyright                            ["George Tirebiter" <tirebiter2@hotm]
 AN OPEN LETTER TO CARL AMARI AND THE [Jack Harris <jack@[removed]]
 The copyright Website                [Elmer Standish <elmer_standish@telu]
 copyright questions                  ["J. Randolph Cox" <cox@[removed]]
 Reply to Walden                      [hal stone <dualxtwo@[removed];    ]
 For Fans of Skip Homeier             [hal stone <dualxtwo@[removed];    ]
 Re:newspaper listings                [Eric Cooper <ejcooper2001@[removed];]
 Nit spelled backwards is Tin, for wh ["Stephen A Kallis, Jr." <skallisjr@]
 OTR MP3  AUDIO TWEAKING              ["stephen jansen" <stephenjansen@ema]
 The Bono Amendment                   ["A. Joseph Ross" <lawyer@[removed].]
 Copyrights again                     ["A. Joseph Ross" <lawyer@[removed].]
 It doesn't happen [removed]           [JackBenny@[removed]                  ]
 Re: Tomorrow 1949                    [Michael Biel <mbiel@[removed];       ]

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

Date: Sat, 9 Jun 2001 00:01:54 -0400
From: otrbuff@[removed]
To: [removed]@[removed]
Subject:  You're on the Monitor beacon

I'm indebted to Stewart Wright for pointing me to a web site that anyone
who was enthralled by the durable Monitor weekend series that ran on NBC
weekends from 1955-74 will find absolutely fascinating:
[removed].

Snippets from many of the shows are available there along with photos,
history and lots of anecdotes.  It's a Monitor-lover's paradise!  Enjoy!

Jim Cox

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

Date: Sat, 9 Jun 2001 00:05:57 -0400
From: "Peter Vollmann" <vollmann@[removed];
To: "[removed] Digest" <[removed]@[removed];
Subject:  Copyrights and public domain

Let me add my two cents' worth on the public domain debate. I used to sell
and rent out public domain film in 16 and 35 millimeter format. There was a
book that recorded every film's copyright registration and extension filed
with the Library of Congress. There is, unfortunately, no such book on radio
programs.

As a film dealer, this is how I dealt with "cease and desist" threats. I
replied that, to the best of my knowledge, the item was in public domain.
Then, in case I was mistaken, I asked for proof of ownership (of the
copyright). Whether it was a large company or a small one, most never
replied and I never heard from them again. If someone threatened to sue
without providing proof of ownership, I contacted the Library of Congress,
which, for a small feee, will do a copyright search for you. After about 4
weeks you have a written statement from a government organization about that
particular item's status of copyright. If they find no copyright has been
registered, or as in most cases when we're talikng about old material, no
copyright has been renewed, you can in good conscience go on selling or in
any other way using the material.

In the film industry, there were a lot of shady characters claiming to have
rights when they had none. You just should not be frightened by these con
men. There were a few who were using loop holes in the law. A large "film
distributor" bought the underlying rights of public domain film, [removed] the
short story that the script was based on. That way he could legally claim
that his rights were involved. That guy made a lot of money. He bought the
rights to old stories for practically pennies and was able to control rights
to famous motion pictures that way.

Now in the case of Carl Amari, I am sure he owns some of his shows outright.
And I am equally sure that he made "arrangements" with people who owned
transcription discs by buying the "right" to duplicate the material. Which
means he does not own exclusive rights, although he may claim to.

Ask him to provide proof of copyright ownership to a show that you choose
from the list of shows he claims to have rights to. If he does not do so,
and you want to be extra sure, contact the Library of Congress.

Concerning Jack Benny, I don't think he ever "owned" his show. The sponsor
may have owned it, or the network, or maybe the advertising agency, but
surely not Jack Benny.(Elizabeth, Michael, if I'm wrong please correct me).
But everybody knows that Jack kept a transcription disc of each and every
show he did. Buying or copying these discs from Joan Benny does not give you
exclusive rights to the material.

Please understand that it is not in Carl Amari's interest to list shows he
offers as "public domain". It would make it too easy for other dealers to
just copy the material and sell it. But beware of claims unless there is
some proof provided.

Peter from Hawaii
vollmann@[removed]

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

Date: Sat, 9 Jun 2001 00:05:56 -0400
From: "George Tirebiter" <tirebiter2@[removed];
To: [removed]@[removed]
Subject:  Copyright

Hello All,

I hesitiate to put my 2 cents in on this just as the brouhaha on this issue
seems to be dying down, but I have seen two very worthwhile ideas on this
subject that might well be combined.

First, OTR Dealers need a trade organization. Second, someone needs to do
copyright research on specific OTR shows.  So how about OTR dealers coming
together to form a trade association that will pay someone to do the
necessary research.  I take it that researching copyrights is a somewhat
expensive business, but if the cost was shared by a number of OTR dealers
the burden wouldn't fall too heavily on anyone. I furthur suggest that the
results of said research be posted on the web for all to see.

George

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

Date: Sat, 9 Jun 2001 00:08:00 -0400
From: Jack Harris <jack@[removed];
To: [removed]@[removed]
Subject:  AN OPEN LETTER TO CARL AMARI AND THE GROUP

Mr. Amari,

I know exactly where you are coming from with the pd thing,  I have spent
years researching what is in PD as far as films.  I have a rather large
book that I wouldn't sell for any amount of money.  I can name numerous
films that are pd that would surprise I am sure even you unless you also
researched that.  I have several films that I have sold to numerous TV
stations for airing.  Do I have the [removed] are pd but the
station doesn't know that unless they did the homework.

  I am now going to EXPOSE what you are doing.

You sir evidently did your homework as to what was in the PD along with
obtaining rights to some series.  If you claimed the rights to ALL the
shows you sell that would probably be a falsity as I am sure some are
PD.  Therefore if you told what you actually had the rights to this
wouldn't stop someone from getting a clean copy of a pd show from you and
selling it. Therefore I DON'T BLAME YOU for keeping your information a
secret.  I also don't blame you for wanting to protect yourself.

If I were a dealer and wanted to sell OTR I would do the homework as you
say you have to find out if it is in the PD or not.  This I believe is what
you are suggesting and I have to agree your non disclosure is just plain
good business sense.  If someone wants to sell shows they should make sure
it is pd.  If not they should find out about licensing.

However I will say that people will continue to trade shows that they
recorded off the air or that they have the ets on.  I believe you would
have a hard time with that in court just like Disney did against Sony.  I
also believe if you are threatening folks for trading this will really turn
them off to you and your business and only hurt it.  I will trade as I have
done for 35 years.  I will collect mp3's.  However if I really want a first
rate copy I will buy it from you but only when the price is cheap enough,
pd or not!   <G>...

regards

Jack Harris

for dive videos, computers and astronomy
visit [removed]

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

Date: Sat, 9 Jun 2001 00:08:02 -0400
From: Elmer Standish <elmer_standish@[removed];
To: Old Time Radio Digest <[removed]@[removed];
Subject:  The copyright Website

[removed]
This site may be worth a visit if you are iterested in copyrights
which seem to take a lot of space on the digest
these days.

===> ELMER

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

Date: Sat, 9 Jun 2001 00:10:57 -0400
From: "J. Randolph Cox" <cox@[removed];
To: <[removed]@[removed];
Subject:  copyright questions

If the question of copyrights were as simple as some posters seem to
indicate, we wouldn't need lawyers.

I have some stories about the ways that Street & Smith tried to extend the
copyrights of some of their properties in the past, but they do not deal
with radio. I will tell one though. I actually benefitted from a Conde Nast
Publications law suit in the 1960s. A French film company was making "Nick
Carter" movies, Conde Nast (which had merged with Street & Smith by then)
sued the film company. Part of their case was to prove they had kept the
name "Nick Carter" before the public since 1886 and someone was assigned to
compile a list of all of the stories -- and radio scripts -- about Nick
Carter. I visited the New York offices about that time as part of a research
project of my own on the history of the Nick Carter stories. I was given
photocopies of the lists that had been compiled and those formed the basis
of the next stage of my own research.

As for how to research the ownership of rights, you will probably have to
get in touch with the Office of Copyright in Washington, DC, which has the
records. I have been there on two occasions on two different projects.

Randy Cox

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

Date: Sat, 9 Jun 2001 00:11:01 -0400
From: hal stone <dualxtwo@[removed];
To: <[removed]@[removed];
Subject:  Reply to Walden

Walden Hughes Asked;

Hal, when you where traveling in a play, did you make local radio
appearances and act outs a sc?ne from the play, in order to help sell
tickets at the theater?

Hi Walden. How have you been? Before answering your question, I have one for
you. Did you ever get a chance to find your copy of "The Nichol's Family".
You promised me a copy, remember?

As for your question, the answer is "Yes" and "No".
I can recall making promotional appearances on Radio when I was in "Life
With Father" and "Tomorrow the World". They were primarily interview shows,
in major cities, and only if the Play had a long run in that particular
town. To my knowledge, they never required acting out scenes from the play.

Remember, I can't speak with a great deal of certainty about the events, but
recall that they did occur. I can give you a few assumptions as to how they
would come about.

If the Play's producer had any savvy, each production, (Broadway or Touring)
would have a resident (or travelling) Publicity/Press agent. It was his job
to get some advance Advertising in place before the Play came to town.
Usually Newspapers.  They'd use rave reviews from prior cities, and "bang
the drum" to get advance ticket sales. (Not sure about radio Ads because I
was never around to hear any, but it's possible I suppose).

The reason that I think the Radio Interviews occurred primarily in the
larger cities (Radio Markets), was because there was more than one station
on the air in the larger cities, fierce competition between them, and a need
to fill air time with a variety of programming material. Some stations would
contact the Play's PR people, hungry for someone to interview it it was a
hit Play, or the Publicity guy would be contacting them to get the word out
about the show if it was a "Dog".

Generally, as a child actor, The interviewer would ask a bunch of routine
questions. Some dumb, some platitudes, nothing scripted, (Perhaps our PR guy
gave the Radio Personality some help with background info about the
performer that might be scheduled for an interview that day). Obviously, the
main intent was to talk about the play, the part we played, and drum up
interest and promote ticket sales that way.

It's amazing (at least to me) that I can still remember the name and face of
the "life With Father" press agent. (Heck, I was 8 years old, and that makes
it 62 years ago). it was Wally Fried. I guess he stands out in my mind
because he was such a familiar sight around the Theatre every performance,
and during the many personal appearances he arranged for us. Not just radio,
but probably "Supermarket Openings" as well. (Just kidding). We didn't have
Supermarkets back then :) All I remember is that he was always friendly,
helpful, and stood on his head to make sure we had a good time, and were
treated "Royally" when we had to show up for a Publicity stunt. Some Press
Agents were pushy and Obnixious. Wally was a great guy.

I don't recall if it was in our contracts that we had to do these Publicity
things, like in the multi page contracts of today. I think Stage actors knew
which side their bread was buttered on. The better the ticket sales, the
longer the play would run, and the longer they would have a job and steady
income. Plus, if the PR guy was a nice guy, you'd be more inclined to help
him out. (Do you suppose that's why Wally was so nice to everyone? Naw! I
prefer to think of him as totally sincere.)

Hal(Harlan)Stone
Jughead

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

Date: Sat, 9 Jun 2001 00:11:19 -0400
From: hal stone <dualxtwo@[removed];
To: <[removed]@[removed];
Subject:  For Fans of Skip Homeier

There have been many recent postings about Paul McGrath, Tomorrow the World,
and Skip Homeier. Somehow or other, the "snuck in" between reams of stuff
about Copyrights.

(I'm staying the heck out of that one. Primarily because I don't know enough
about the issue to make any kind of intelligent response). But if I had to
take a position, I would suggest to Carl Amari that it's only fair that he
Identify the Rights that he owns, instead of making sweeping claims. (I hate
myself for weakening and sticking my unsolicited two cents into the pot). I
just said I was going to stay out of it. Oh wellŠŠ sue me!

But!!!! How about a happy change of Subject.

Concerning my old Child Actor friend Skip HomeierŠŠ Old, in the sense that
it was in the "Olden" days that we worked together in Radio, and old in the
sense that we are both about the same age.

I was concerned when I readin the postings about his declining to grant
interviews. It didn't make sense, and didn't sound like him. So I decided to
call him and get the scoopŠ straight from the source.

He and I both retired from the business about 20 years ago. (Me from
Directing, Skip from acting), and I had been out of touch with him for these
past 20 years. (I'm ashamed to admit). Consequently, I missed out on some
fun conversations. He's a delightful guy, with a quick wit and sharp sense
of humor.

We made up for it today, spending over an hour on the phone catching up on
our respective lives, and bringing each other up to date. The last time we
worked together was when I Directed him in some TV commercials shortly
before he and I both retired.

We share a very similar philosophy of life. To wit! We feel that what we
were involved in as performers back then, is ancient history. We got on with
our lives, and thoroughly enjoy retirement. And frankly, don't miss the
business, the BS, the hoopla, and being in the limelight. He, quite frankly,
has been enjoying himself kicking back, traveling, living between a place in
Mexico and his home in California, hanging out with his fun and charming
wife Della, and prefers living in the "Today", not the "Past". Which is one
of the reasons he has declined interviews. He doesn't think it was all that
big a deal. Also, it seems he was also burned a few times in the past by
people taking advantage of his Celebrity status. (I know that can happen,
particularly in the Motion Picture business, and TV).

I tried to convey to him that all of you OTR fans are a totally different
breed. That you all have an incredibly intense interest in the OTR hobby,
and the affection that you lavish on us former OTR Performers is most
gratifying. Believe me, Radio was a totally different atmosphere than that
of Film and TV performing. I tried to convince him that he really should
differentiate between them, and that as a Radio Actor, he should come join
the fun that OTR Conventions provide, as well as getting involved in the
Digest, or Lois's OTR Chatroom. But he feels that his Radio days were fairly
limited, and once he went to the coast to Play "EMIL" (in the film version
of Tomorrow the World), he did very little Radio in LA after that, and
concentrated on a Movie/TV career. Westerns, War Movies, etc., and
ultimately, starring in a detective series on TV.

I will keep in touch with him, now that we are re-united, and will try to
convince him to at least subscribe to the Digest. I told him I will excerpt
all the recent posting's about him that appeared in the digest, E-Mail them
to him, and see if I can't get him at least minimally involved.

After all, there are only a few of us "Last of the Mohegan'"s left, and
there is safety in numbers. I'm also trying to get Bob Hastings and Ben
Cooper involved with the Digest. I want to share with them the love for OTR
that you all display with Digest postings, and how "appreciated" you make us
former "performers" feel. Although "Ancient History" it's nice to be
remembered. We just don't happen to "live" in the past, or dwell on our
former lives.

The only reason I considered writing a book on the subject was because so
many of you encouraged me. Not because I felt the world was breathlessly
awaiting my Life's History, but mainly to help keep feeding your interest in
that unique Medium, and the way things were back then.

Hal(Harlan)Stone

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

Date: Sat, 9 Jun 2001 00:11:18 -0400
From: Eric Cooper <ejcooper2001@[removed];
To: [removed]@[removed]
Subject:  Re:newspaper listings

A question was asked as to how newspapers listed shows in the old days.
Practices varied widely, depending on how much space it took up and whether
the paper wanted to avoid mention of a sponsor (most did). Thus the Jello
Program Starring Jack Benny would be listed variously as "7:00-Jack Benny"
or "7:00 Jack Benny with guests" or maybe "7:00 Jack Benny-comedy" . Soap
Operas were usually listed something like "Ma Perkins-sketch" or "Ma
Perkins-serial". Perhaps the biggest newspapers would provide more
information as to who were the special guests on the various comedy,musical
or variety shows. I have seen some early to mid thirties listings that went
something like this:" 9:00-Rudy Vallee with Gracie Allen, Chas Mc Carthy,
others"

As I said, newspapers usually did not mention the sponsors name, such as
"The Johnson's Wax Program" or "The Texaco Star Theater", because to do so
constituted at least one line of free advertising for those products

Eric Cooper

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

Date: Sat, 9 Jun 2001 09:29:30 -0400
From: "Stephen A Kallis, Jr." <skallisjr@[removed];
To: [removed]@[removed]
Subject:  Nit spelled backwards is Tin, for whatever
 that's worth

Richard Pratz notes,

I can't resist nit picking. (What is a "nit" anyway?)<<

A nit is the egg of a parasitic insect, such as that of a louse, or the
young insect from such an egg.  The term relates to looking for extremely
tiny things, as one can see, say, monkeys do in mutual grooming.  In
terms of current usage, it's meaning is on the order of going after the
tiniest minutiae.

Relating this to OTR, I'd previously made mention to the fact that the
sound effect of a rifle shot "always" included a ricochet.  My statement
was in error, and an instance was cited where ricochets were optional.
Now in every show I'd heard when I was growing up, a ricochet was
included in the sound of a rifle shot; however, in some shows this wasn't
the case.  Finding that tiny detail was akin to a grooming monkey finding
a near-microscopic nit; hence, the term.  [[removed]: I'm not excusing that I
was in error; I was.  The illustration is that it's a tiny item, not some
more basic detail such as the fact that many recorded shows like The Lone
Ranger, started with some sort of statement that they'd been
transcribed.]

Stephen A. Kallis, Jr.

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

Date: Sat, 9 Jun 2001 09:29:32 -0400
From: "stephen jansen" <stephenjansen@[removed];
To: <[removed]@[removed];
Subject:  OTR MP3  AUDIO TWEAKING

     Since the audio quality of OTR mp3's depends on a lot of variables,
including the original source material, the bitrate/sampling  rate, and the
(in)experience of the person encoding them, listening to a full cd can be an
ear-tiring affair.  I do a majority of my listening in the car, where my
equalization choices are very limited.  Some episodes are incredibly boomy
and bassy, others are all tinny and hissy, not to mention all of the
different levels of LOUDNESS that come up each time a new episode starts.
I've been playing around with trying to improve the audio quality on my OTR
mp3's and have come up with a pretty cool method.  It involves the "Total
Recorder" utility (a $12 shareware program for Windows).
     My little system works like this:
     Start at your home pc.
     First, play your original mp3 file (I use Winamp).  Pull up the
equalizer and begin to experiment with the settings to improve the way the
mp3 sounds - if things start to sound distorted, lower the overall level
(the slider on the far left of the equalizer).  Remember, lowering/cutting
frequencies is preferable to raising them.  For example, if you'd like to
hear more clarity in the vocal range (more treble) try dropping the bass
levels first.  The more each frequency is raised, the more likely the basic
sound will distort.  Also remember that it takes several seconds for the
changes you've made to actually occur.
     Once you've got the audio "improved" (more so that the "junk" has been
lessened) and the overall level is high but not distorting the sound, pull
up the "Total Recorder".  Choose the mp3 settings you'd like it to record at
(32kbs/22kHz mono is pretty much standard for OTR - not great sound, but not
terrible either).  Now when you play your original mp3, the Total Recorder
will record it with your EQ and level settings intact.  PLUS, if your
original mp3 was on your hard drive, the Total Recorder can record/process
the whole thing at high speed.  A half-hour show took me 6 or 7 minutes to
do on my computer.  With the original mp3 on a cd in the cdr-drive, I can
only run the process in real-time (half-hour show takes a half-hour to
re-record).  Your computer and cdr drive may do things at different rates
than mine.
     Granted, we are RE-RECORDING, so there is some data loss involved.
However, for the shows that need some heavy EQ or level adjustment, I think
that this works very well.  My Rio Volt (portable mp3 cd player - which I
ADORE!) only boosts the EQ (for the time being, until they upgrade the
firmware to include EQ cuts, as well).  So far, I've had very good results
with this.
     This really does work well!  Give it a try, and let's hear what you
think.

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

Date: Sat, 9 Jun 2001 09:29:34 -0400
From: "A. Joseph Ross" <lawyer@[removed];
To: [removed]@[removed]
Subject:  The Bono Amendment

	Date: Wed, 6 Jun 2001 22:34:40 -0400
From: SanctumOTR@[removed]

It would have been nice if Fran
Striker's family had been aware of such provisions and had been able to
reacquire the LONE RANGER copyright or a major portion of it.

I'm not sure they could have done so.  Was Fran Striker a free-lance
writer or was he an employee of Trendle or WXYZ?  If he was an employee,
his work would be a work made for hire and may not be recoverable.


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

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

Date: Sat, 9 Jun 2001 09:29:37 -0400
From: "A. Joseph Ross" <lawyer@[removed];
To: [removed]@[removed]
Subject:  Copyrights again

Date: Thu, 7 Jun 2001 15:51:15 -0400
From: lawrence albert <albertlarry@[removed];

           I can well understand your ire at the recent spate of
controversy regarding your "rights" to OTR programs. However, sir you
ask a great deal. You offer a blanket statement that you have the legal
rights to many OTR shows, and with few exceptions you decline to name
said shows.

It seems to me that the issue isn't that Carl Amari won't tell us all the
shows he owns.  There's really no reason why he should do that.  The real
question is what happens when someone says to him, "I want to distribute
copies of the Pinch Penny Program.  Do you own the rights?"

In that circumstance, I would think that Mr. Amari would tell such a
person whether he owns the rights.  Being cryptic about it would not be in
anyone's interest.  I don't think I've ever heard that Mr. Amari insists
on waiting until someone actually infringes one of his copyrights before
acting.  If he really were saying, "You can't publish my shows, but I
won't tell you what they are," that would be impractical and unfair.  But
if someone has actual plans to do a project, I'm sure Mr. Amari would
answer a specific question.

Mr. Amari is not obligated to reveal to anyone the documentation that he
has the rights to something.  By the same token, anyone who intends to
sell OTR material has the obligation to research the rights, as Mr. Amari
has done.  Mr. Amari is right when he says you have to do your homework.


Date: Thu, 7 Jun 2001 15:51:13 -0400
From: "Owens Pomeroy" <opomeroy@[removed];

COPYRIGHT LOOPHOLE

  Correct me, again if I am wrong, as it has been sometime since I read the
copyright law, but -there are two words "for profit" in there that would
exempt from this law, non-profit OTR Clubs, and private individuals when
recording OTR Shows

Nope.  Non-profit organizations are not exempt from the copyright laws.
Copying and distributing copyrighted material, without permission, is
illegal, whether or not you are paid for it.

If is is done for our own
personal use than I would seem to think that would feel safe in doing so.

Copying for personal use is somewhat protected, but as soon as you start
distributing copies, you start to violate the law.



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

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

Date: Sat, 9 Jun 2001 09:29:40 -0400
From: JackBenny@[removed]
To: [removed]@[removed]
Subject:  It doesn't happen [removed]

...but I think I have the opportunity [removed]*GASP*...disagree with Elizabeth.
There is a document called the Catalog of Copyright Entries, which was issued
on a monthly or semi-annual basis.  It lists all the works for which a
copyright was granted during that period.  Major libraries may have a copy
available for review, and volumes go back to 1909.  They also list renewals.
Thus it should be possible to research copyrights without having to go to the
Library of Congress.

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

Date: Sat, 9 Jun 2001 09:29:42 -0400
From: Michael Biel <mbiel@[removed];
To: [removed]@[removed]
Subject:  Re: Tomorrow 1949

From: "Welsa" <welsa@[removed];
... It appears to be a radio show and it is called Tomorrow 1949.
This particular episode has as its sole guest, Fred Allen.  He
attempts to define humor and give examples of various types of humor.
It is a solo performance by him, and it appears to be before a studio
audience.  Anyone ever heard of this show?  Have any history or
details about?  Thanks much.   Ted Meland

I think you might find that the program is really "Living 1949."  I have
that Fred Allen episode, but don't have the date right here. "Living
19--" ran on NBC from 1948 until perhaps 1951.  Ben Grauer or Ken
Banghart were the usual narrators, and Robert Warren was the announcer.

Michael Biel  mbiel@[removed]

--------------------------------
End of [removed] Digest V01 Issue #182
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