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agencies should be given opportunity to reach a general agreement on an adjustment of the distribution of accommodations so as to give some degree of participation to each one.
(b) When events or measures are such as to be susceptible to treatment by only a limited number of publicity agencies, endeavor will be made to distribute equitably such exclusive opportunities among all the interested agencies in the various fields.
(c) When an agency of public contact originates an idea or an inquiry for an event or for information, which otherwise would not have been certain of development, that agency will be entitled to exclusive consideration unless other agencies apply to participate in the event or to share the same information. Exclusive consideration will involve an obligation on members of the military service to refrain from action which might bring the subject to the attention of competitors of the originator. However, inquirers who indicate cognizance or intimation as to the general nature of the event or information will be entitled, so far as is practicable, to the same treatment as the originator. They will be allowed to participate in the event or information up to the limit of accommodations, provided they participate under the same agreements as the originator. When a company agrees to defray extra expenses, and other companies apply later for participation in the occasion, the division of expenses will be entirely a matter of arrangement between the originator and the later applicants. However, refusal to share equitably in the expenses will preclude the participation of any applicant.
When two or more similar agencies of public contact are entitled to participate in the same event, the following action will be taken by the military authority directly in charge of the event and prior thereto. Representatives of the interested agencies will be called together for a conference with the officer in charge of the event and arrangements will be made to insure equitable treatment satisfactory to all the agencies concerned. These arrangements may include drawing assignments by lot, one agency covering the event for all, and furnishing copies of material to the others, setting a release date, and signing by the participating agencies of the agreement arrived at.* [Par. 6, AR 600-700, Apr. 18, 1935, as amended by C 1, Oct. 26, 1936]
4.3 Privileges to commercial photographers-(a) General. When the idea for a subject or event has originated in the military service, news photographers, still and motion, will be permitted to take photographs of the subject or event in accordance with the principles enunciated in the foregoing paragraphs and under such restrictions as are imposed by instructions for safe-guarding information of harbor defense and other installations.
(b) Newsreels. Newsreels are considered excellent mediums through which Army publicity may be obtained. Corps area, post, and station commanders are authorized to cooperate with commercial newsreel companies and afford them every facility for photographing normal Army activities. Demonstrations and exercises for feature depiction in newsreels are authorized provided such depictions
*For statutory citation, see note to 8 4.1.
fulfill the pertinent requirements of (c) (3). When cooperation with newsreels necessitates the use of Army aircraft, $ 4.5 will apply.
(c) Photoplays. (1) Military personnel will not be employed in the production of photoplays except by authority of the War Department. Commanding officers who receive applications for the utilization of troops of their command for such purposes will forward them through military channels to The Adjutant General, with recommendations as to the practicability or desirability of extending the cooperation requested insofar as it affects the use of troops and matériel.
(2) When cooperation in the filming of a photoplay has been approved, the War Department will designate an officer as its representative who will supervise the production thereof to insure that such photoplay conforms to the War Department's policy and conditions attached to Army cooperation.
(3) In order to insure uniformity and continuity in policy, all requests for Army cooperation in photoplays will be passed on by a board of officers known as the Motion Picture Review Board, consisting of one officer from the Public Relations Branch, Military Intelligence Division, War Department General Staff, one officer from The Adjutant General's Office, and one officer from the Office of the Chief Signal Officer. It will be the duty of this board to scan all scenarios submitted to it and recommend approval or disapproval of requests for Army cooperation. Approval will be granted only under conditions that
(i) The picture depicit American soldiers, cadets, or scenes which require a true interpretation of Army life, represents incidents in which the Army was engaged, or have some historical or educational value from an Army viewpoint.
(ii) The production of the picture without Army cooperation is deemed impracticable.
(iii) Such cooperation does not result in the loss to civilian labor of an opportunity for employment and does not compete with civilian enterprise. Army cooperation will include only such assistance as it is impossible for the producer to obtain from commercial sources.
(iv) The picture does not involve the use of military personnel in a depiction of the soldiers of other nations.
(v) Members of the military service will not be required to perform service for motion-picture companies in excess of the requirements of ordinary military duty, except voluntarily.
(vi) No compensation be given to any officer, enlisted man, or fund, other than as å reimbursement for actual expense, injury, or loss of property.
(vii) Cooperation does not involve the Government in any expense other than would have been incurred had the troops been used on their routine duties.
(viii) The company assume all financial liability for the death or injury of any person or persons and for the loss of or damage to property which may occur as a result of activities specifically undertaken for the production of the picture.
(ix) The company furnish a bond to cover damages to all persons and property including damages for which the Government would not
be liable under the law that it is not responsible for the torts of its agents.
(x) In cases designated by the War Department, the company furnish insurance to cover both injuries and ten thousand dollars death benefits for such military personnel as may be engaged in activities connected with the filming of the motion-picture play which may be deemed hazardous.
(xi) The company agree to abide by the decisions of the officer detailed by the War Department as its representative to supervise and censor on the spot any scene violating the War Department's policy, instructions, or any of the conditions attached to Army cooperation.
(xii) The producer agree never to exhibit or permit to be exhibited the picture or any part thereof which has been disapproved by the War Department.
(4). In each case where the Army cooperates in the production of a motion-picture play, the finished production, together with all exposed film, will be submitted to the War Department for preview and final approval of scenes, dialogues, and titles before it is released for public showing. The War Department will have the right to eliminate the whole film or any part thereof deemed objectionable.
(5) Scenes made on military reservations in connection with the production of an approved photoplay may not be used to provide backgrounds by means of special process photography in any subsequent films without securing War Department approval of the script prior to production and approval of the completed film prior to release.
(6) One positive print of the original production, as released, will be furnished without cost to the War Department for its files and for any other use other than commercial, independent of any copyright. Prints of subsequent productions utilizing military reservations as background only will not be required for file in the War Department.
(7) Upon several occasions in the past, motion-picture companies, assuming Army cooperation, have proceeded with preliminary arrangements on Army posts and stations, prior to approval of their request by the War Department. Commanders will not permit such a procedure prior to approval by the War Department.
(8) Motion-picture companies which have filmed a photoplay with War Department cooperation will be required to so state in their advertisements and on the screen, the exact wording to be approved by the War Department.*+ [Par. 7 (b)]
4.4 Avoidance of competition with commercial photographic agencies. In order to avoid competition with commercial photographic agencies, the following rules, covering the distribution of both ground and aerial photographs officially produced by military personnel, will prevail:
(a) Photographs of military subjects which do not reveal confidential information may be reproduced in newspapers and other publications, provided that special authority is obtained from the War Department before such photographs are used in commercial advertisements.
**For statutory and source citations, see note to § 4.1.
(b) Aerial photographs will be distributed only in accordance with the following policy adopted for guidance of Federal agencies:
(1) Aerial photographs made by Federal agencies of subjects within the continental limits of the United States will not be furnished to other than Federal agencies except as provided in (3) (iv). Procedure in oversea possessions will be governed by local regulations.
(2) When a Federal agency does not have the facilities to furnish its requirements in aerial photographs of subjects within the continental United States, the procedure will be the same as in the usual procurement of commercial commodities. If in the public interest it becomes necessary to reject all bids and make the procurement in the open market, other Federal agencies may be requested to fulfill the requirements. Under these conditions, notice of which will be furnished to the concerned commercial establishments, a Federal agency may supply the aerial photographs required by another Federal agency.
(3) The foregoing policy will not operate to prevent a Federal agency from distributing aerial photographs under the following conditions:
(i) When procured from a commercial concern under a competitive bid.
(ii) When required for the public use of any governmental agency which is a contributor to the funds for the procurement of those particular aerial photographs.
(iii) When such photographs show the agency's own installations, equipment, or activities.
(iv) When they are required for publication or use in connection with the authorized administration of public business pertaining to that Federal agency, or in the illustration of articles on aviation for the information of the public through the medium of newspapers and other publications.
(v) When distributed to another Federal agency in the case of a project of that agency which has been used in experiments for the initial demonstration of new methods and uses for aerial photography.
(vi) When required for military or naval use by any agency of the national defense.
(vii) When required for use by Federal mapping agencies and when such photographs were obtained in the course of a scheduled training flight or other approved military or naval project.** [Par. 8 (a), (b)]
4.5 Use of Army aircraft for commercial publicity agencies. Male representatives of the press and of the pictorial services may be permitted to ride as passengers in Army aircraft only by authority of the War Department.
Commercial commodities, including photographs, films, and press material, will not be transported in Army aircraft except when authorized by the War Department in cases where commercial aeronautic transport is not available for the purpose.*+ [Par. 9]
CROSS REFERENCE: For additional information concerning passengers in Army aircraft, see $ 21.3.
**For statutory and source citations, see note to s 4.1.
PART 5-SAFEGUARDING TECHNICAL INFORMATION
Sec. 5.1 Marking of documents.
5.5 Admission of visitors to commercial 5.2 Safeguarding technical information. establishments. 5.3 Safeguarding of military secrets by 5.6 Information to manufacturers.
commercial concerns. 5.4 Admission of visitors to Government
Section 5.1 Marking of documents.. (a) During the period that a project has a "Secret", "Confidential", or "Restricted” status, all documents, such as drawings, specifications, contracts, correspondence, etc., containing information of a secret, confidential, or restricted nature regarding it will be identified by being marked as prescribed in AR 330-5 (see (b)).
When documents containing secret, confidential, or restricted information are, under the provisions of g 5.2, furnished persons other than those in the military or naval services (including civilian employees), they will in addition to the "Secret”, “Confidential”, or "Restricted” stamp, be marked substantially as follows:
NOTICE: This document contains information affecting the national defense of the United States within the meaning of the Espionage Act (50 U.S.C. 31, 32). The transmission of this document or the revelation of its contents in any manner to any unauthorized person is prohibited.
All models, exhibits, dies, tools, machines, and other similar items of a secret, confidential, or restricted nature which are to be loaned, leased, or given to a commercial organization will be marked as indicated above, when practicable. If such marking is impracticable, the commercial organization should be specifically notified in writing of the secret, confidential, or restricted nature of such items and of the pertinent provisions of the Espionage Act.
All persons into whose hands information regarding a "Secret”, "Confidential", or "Restricted” project may come are charged with the strictest observance of the provisions of the Espionage Act, and will be held responsible that no such information in their possession falls into unauthorized hands.
(b) Documents which require classification under the provisions of the regulations in this part will be prepared so that the least restrictive classification consistent with the proper safeguarding of the contents may be assigned. Insofar as practicable, the contents of documents classified as secret, confidential, or restricted will contain only subject matter appropriate to such classification. Subject matter in amplification thereof that permits of a lower classification may be incorporated in separate documents. The probable distribution should be considered in the preparation of a document which may require classification. The classification and marking of documents will be in accordance with (1), (2), and (3).
(1) A document will be classified and marked "Secret” only when the information it contains is of such nature that its disclosure might endanger the national security, or cause serious injury to the interests or prestige of the Nation, an individual, or any governmental activity, or be of great advantage to a foreign nation. A document will be