CBS uncovers rare Jack Benny treasures, puts them back and tosses out the key

[stampeder]

When Jack Benny fans discovered that the CBS vaults contained some 25 original Jack Benny TV show episodes previously thought lost, they rejoiced. They approached the network for release of the public-domain footage, even offering to foot the bill for digital transfer and preservation. CBS balked, insisting that the fan club get approval from the Benny estate. No problem: Jack Benny's descendants were only too glad to have his original TV shows rescued from obscurity and given to the world. But CBS balked again, citing unspecified "issues" (presumably potential copyrights in the score or other materials). Basically, CBS has decided that it could cost too much to pay a lawyer to figure out if they can release these films -- or even turn them over to Benny's fans and family for release -- and so it has decided to simply abandon them, sealing them back up in the vault forever.

http://www.boingboing.net/2010/01/18...s-rare-ja.html

[hugh]

I'm sure CBS would be happy to sell the episodes if the Benny estate offered to buy the shows.

The shows are an asset so why would CBS just give them away?

[Neild]

I think it says they're public domain so CBS probably can't sell them...

[JamesK]

^^^^
As public domain material, they can't sell rights to it, but they can sell copies, just like what happens with Shakespeare's works. On the other hand, there may be implications to denying access to public domain works, when the estate wants them released. Many performers retained the rights to their work and those rights pass to their estate.

[hugh]

Since when have tv shows become "public domain"?

[Dioneo]

Copyright needs to be renewed, and eventually expires anyway.

http://en.wikipedia.org/wiki/Categor..._public_domain

[hugh]

hmm, which led me to read

http://en.wikipedia.org/wiki/Public_domain

which leads me to ask, if something is not available to the public, can it be considered public domain?

[Dioneo]

The episodes themselves are public domain - in the sense that no one holds a copyright on them. CBS still owns the celluloid (or whatever those shows were recorded on), so I can't see them being under any obligation to release them.

As others have mentioned, certain elements in the episodes (specifically music ) may still be copyrighted as well...

[ScaryBob]

Or maybe CBS figures they can make more money by restoring them themselves. Let's see... The "lost" Honeymoon episodes sold for $65 a set last time I looked. Then there are the TV residuals. Copyrights are an issue but not impossible to resolve. They want to clear them beforehand to avoid being sued though.

[Francois Caron]

In Canada, those shows won't be in the public domain before 2024. Under NAFTA, Canadian copyright law takes precedent for works originating from the USA i.e. it falls into the public domain 50 years after the death of the original rights holders. Jack Benny died in 1974.

So while the works, or a portion of them (i.e. music), could legally have fallen in the public domain down in the States, that's not the case up here, or possibly in many parts of the world. And CBS knows this.

Of course, CBS could have been a bit clearer on the matter instead of being extremely vague about the whole issue. The Benny estate may have no other choice but to sue CBS in order to regain legal control, (and legal responsibility) over the lost episodes so they can be released as they wish, possibly under a Creative Commons license.

BTW, IANAL.

[Lindsay649]

Interesting comments but the program is "owned" by CBS. Not a copywrite issue or a public domain issue. The image and use of the Jack Benny name is owned and controled by the Benny Estate. Two seperate issues but CBS has control as it has the old films. Surprised that anyone knew the name Jack Benny. The original package of shows was shown quite extensively over the past twenty years before CBS excercised its right to put them back into the vault. But if the money was right the old and new finds would appear.