Well! CBS refuses to let fan group digitize old, public domain Jack Benny content

[WI_DEM]

The latest example: a group of Jack Benny fans are interested in digitizing and restoring audio and video footage of Benny’s old appearances on CBS. Now, this material is all public domain: CBS doesn’t own the rights anymore, they just keep it in the vaults. Can you see where this is going: CBS has declined to allow the group of fans to access the content.

According to the group: “Late last week the International Jack Benny Fan Club got some very bad news: rather than allow the club with the Benny family’s enthusiastic blessing to digitally preserve some unreleased public domain Benny show masters that CBS has in its possession, the network is giving a thumbs down to the idea — thus sealing these shows’ fate so they will never be seen again. In effect, it’s a bullet through the head of this body of Benny work. And here is the most frustrating tidbit for comedy fans and those who study comedy: the Fan Club offered to do the preservation at no cost to CBS.”

The reason CBS doesn’t want the Jack Benny Fan Club to digitize the content is actually because merely digitizing old analog content generates a whole new copyright, and CBS doesn’t want the fan group to gain that copyright. Business as usual, but it’s hard not to be a little outraged at CBS taking such a cynical approach to a collection of harmless, old-timey fans.


http://www.geek.com/articles/news/cbs-refuses-to-let-fan-group-digitize-old-public-domain-jack-benny-content-20100120/

[FSogol]

1. Too bad. I have a lot of his radio stuff. Benny's was great. n/t

[timtom]

12. Yeah, me too.

Actually he was much better on radio than tv. I listen to him every night.

[tonysam]

13. He was better on TV. You could actually see the humor.

His look off to the side, his walk, everything, which is so critical to fully understanding Benny. Radio by and large has died off, and only a few people are interested in it. FAR more are interested in television episodes.

[timtom]

16. I am unable to watch tv for more than 5 minutes.

[tonysam]

19. I can't help you on that. n/t

[FSogol]

24. Why? ADD? n/t

[timtom]

26. I HAD ADD

but was cured of it when I quit watching tv.

[FSogol]

27. LOL

[tonysam]

2. What dumbasses at CBS

Perhaps the greatest comedian who ever lived, and this stupid network doesn't want future generations to enjoy his masterful comedy. Sickening.

[SoCalNative]

4. No, CBS doesn't want to open themselves up

to potential lawsuits over talent and music licensing issues by allowing the materials out of their vaults.

[tonysam]

6. They don't give a flying shit about Benny

If they cared, they would have the footage digitally remastered.

FUCK copyright. These materials will be destroyed due to neglect.

[SoCalNative]

9. It's not about the copyright of the shows

it's about materials contained within the shows that they NEVER OWNED (music, talent, etc)that would have to be re-negotiated contractually prior to letting the tapes out of the vaults.

You all obviously know NOTHING about music licensing and rights and clearances.

[Hannah Bell]

10. they're fifty years old or more, some on you-tube & audio. apparently there are not

the same issues with those clips.

[tonysam]

11. They're public domain

Of course there are lots and lots of PD Jack Benny shows out on DVD.

CBS needs to remaster and bring these great shows out on DVD. But if the network isn't going to do it, then somebody else should.

[Hannah Bell]

14. the shows may be, but the other poster's talking about rights to music within the shows,

so i'm wondering about that. i just saw the other day that carter family songs from the 30s-40s were a valuable copyright, & i know the copyright & patent protections were extended sometime in the last 20 years, i think under carter.

so if the poster knows something specific, i wish he'd elaborate.

[SoCalNative]

15. The SHOWS themselves may be

but music and other things contained within them are not.

Just like IT'S A WONDERFUL LIFE: while the movie was in the PD, portions of the SCORE that included "Buffalo Gals" were not.

This is an example of why Public Domain is a misleading concept.

[Hannah Bell]

17. so how long *do* music copyrights extend for, & since performances weren't covered at the time,

i believe, why would they be retroactively?

[SoCalNative]

18. The copyrights on musical compositions

are like any other, depending on when they were initially written/copyrighted and under normal circumstances extend 75 years past the death of the composer(s).

Bear in mind however that license fees are administered by the music publishing company that the composer is signed with (ASCAP, BMI, WARNER or a few others). They dictate how much will be charged for a composition, what rights will be included in that fee, and the length of the time that the composition will be under license to the licensee.

[Hannah Bell]

25. Thanks for the info. Do you know whether the copyright protection was extended sometime

in the last 20-30 years?

[tonysam]

20. More damned television shows have been scuttled for DVD release

because of BULLSHIT over music rights or other such shit.

This is our national heritage, not just some people wanting their piece of the pie. These greedheads need to get the fuck over it.

[SoCalNative]

22. If it were you or one of your relatives

I doubt you would feel the same way.

[tonysam]

23. See post 21 for likely explanation of the "controversy."

It appears "music rights" has little to do with it.

[SoCalNative]

3. They're not harmless

if they unleash lawsuits or cost CBS money in licensing fees as a result of their digitizing the materials.

[tonysam]

7. So let's not see Benny at all.

Screw that, and screw apologists for CBS.

[SoCalNative]

8. It's BUSINESS

would you want the potential of lawsuits for releasing material you held?

[tonysam]

5. Here is some contact info

Web contact

Smail mail:

Sumner Redstone, Executive Chairman
Leslie Moonves, President and CEO

51 West 52 Street
New York, New York 10019-6188

[tonysam]

21. Another forum which deals in home theater addresses this issue

There are some extremely knowledgeable people who post on this particular site, many of whom have connections to the industry.

A post explaining what might be going on:

Neil Brock
Danny
offline
Joined: April 2009
Post Count: 229
As with everything there are 3 sides to every story, with the truth lying somewhere in the middle. Here is another side to this story:
____


I have spoken to my source at CBS and am happy to report that the "hype" is just what it is; all hype.

CBS is ready and willing to sub license any property (as they did with Studio One etc.) for a fee.

Laura Leff, the "President" of the Jack Benny Fan Club she began a few years ago, is very good at generating P R and has done a very good job at starting a Facebook petition against CBS and getting articles and giving interviews pleading for the release of 25 Benny shows. She says that CBS has "locked" these films away and will not be preserved. This is not the case.

The 25 Benny shows as well as the full run of the series is stored in state of the art facilities. The film elements are safe and in good shape. CBS is also aware of the fact that Ms. Leff has a library of many existing shows and charges for making copies; dupes of both copywritten and PD shows are offered from her website.

While I applaud her tenacity and love for Jack Benny (she organized a fine website and a convention a few years ago), it seems that the truth has been diluted and the actual state of the predicament has been reported in error. She is great at "self promoting".

What it boils down to is this: She is a huge fan who just wants to have copies of the shows and has gone this route to try and obtain them. CBS doesn't know how she was "supervising" a transfer of one of the color shows as that is not her job. True, it was an NBC special and maybe she was invited to see a conversion but "supervising"? She is friends with Joan Benny (Jack's daughter) so perhaps that's how she was invited to see the inner workings. She has gained attention to her fan club and her plight, however misrepresented it is.

CBS is not the enemy here; they will sub contract The Jack Benny out. As these are supposedly P D shows (and that's not definite) there are other sources to locate them and once they're out, anyone can dupe them and sell them for no fee. CBS isn't the only source for 16mm kinescopes. They even told her to try to find them through other avenues, fully aware she wants to add them to her "collection".

Should these films be available - of course. However, business is business and CBS pays for the storage of these and hundreds and hundreds of thousands of elements and that's not cheap. To give copies to her for her archive is not so simple even if she pays for her copies. Maybe some company will come forward and these shows will be seen. Time will tell.
____

I'm not a defender of CBS or any other big conglomerate but how is her wanting these shows any different than any one of us going to a major studio and asking for access to some series in their vaults that hasn't been transferred and asking them to let us "preserve" it for them with digital transfers? Oh, and by the way, all but 5 of the shows CBS has also exist at UCLA along with just about the entire 260 episode run of the series. So, they are being preserved and looked after except she can't get copies of them. If she was smart, what she should have done is have Benny's daughter go to CBS and ask for them, not her.

link

Perhaps if Joan Benny had asked for them, there'd be no problem.