Advisory opinion letter to Mr. Garvey: Feature film project, tentatively titled And Now A Word From Our…

April 4, 1977 Dear Mr. Garvey:

ADVISORY OPINIONS 693

This letter is to confirm our telephone conversation of 31 March, 1977 regarding our request for the use of old television commercials in a feature film project.

1. The feature film project described in our request of 3 March 1977 is for national and international distrihution to movie theatres.

2. As producer of the film project, I alone am the final judge of what films and commercials win be used.

3. The investor, whether private or corporate , wi1 have no creative control of the film, except to the extent of judging what film should not be used in the project on the basis of objectionability to the financial success of the film. 4. The primary and singular aim of the project is as a film of entertainment and documentation of the world of the T. commercial. In no way is the project to be used as an advertising vehicle for an investor.

5. There win be no intentional use of misleading ads in the fim project. I am considering a section from the 90-minute length to show the glaring deception practiced by some unscrupulous advertisers.

:.ay I again stress the urgency for an early ruling as I want to release the film sometime in December of this year. As we cannot bq,rin to work even on the selection of 100-200 commercials from the more than 200 000 commercials in existence, I think you can understand my need for expediency.

Sincerely,

Isl F. Wend en Sweda President

Lett€T of Request

:.arch 3, 1977 Dcar Mr. Secretary:

Subject: Request for an advisory opinion ruling. Petitioner: SSE Communications ,

694 FEDERAL TRADE COM:\ISSION DECISIOKS

89 F.

Re: Feature film project, tentatively titled And Now A Word From Our Sponsor We at SSE Communications arc working on a feature film project for national theatre distribution. We arc putting together thc best of the first 25 years of the American television commercia!. Cooperating with us in this project arc the Museum of ()dern Art and the Screen Actors Guild.

Television commercials represent a cross-section of the entire lifestyle of our generation. They epitomize the tastes, jobs, personal identities conveniences, entertainment , leisure , desires and fantasies which refJect this television age.

The film is best described as a compilation of some of the best television commercials put together as an entertainment vehicle. It wi!! be a General Audience feature production.

From nearly 200 000 commercials to choose, approximately 100 of the best will be included. Many are regarded as classics for their techniques approach, interpretation, and refJection of our times. They are classic., in entertaining the viewer.

We plan to use noteworthy filmed news evcnts, i. , the first space shot Kruschcv using his shoe at the U. , ctc. , to re-orient the viewer to the various time periods within the 25-year history. Because the Film Department of the Museum of Modern Art classifies the television commercial as an art form unto itself with genuine artistic and historic merit, we an, donating a percentage of the gross to the Museum s Film Archives Department for the further preservation of films. Weare also donating an equal pcrcentage of thc film s gross to the Screen Actors' GuiJd for a special fund for old actors' homes in New Jersey and California.

Thereforc, SSE Communications respectfu!!y requests an affirmative ruling to the use of old television commercials (including those, because of their age, that no longer conform to current F. C. regulations) for this specific project.

Sincerely,