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11. [[underlined]] Question: IS there a precedent for the allocation of such "exclusivity" rights by the Smithsonian? [[/underlined]]

[[underlined]] Answer: [[/underlined]] The Institution's earliest publications were copyrighted and were privately financed. In this case, the very high cost of quality television productions, which cannot be met by the Smithsonian itself, creates a necessity that the investment of a sponsor be granted some protection even if only for a brief period. It is doubtful that a sponsor will commit $4 or $5 million per year for the presentation of the Smithsonian programs if he cannot be assured that another competing series will not be permitted by Smithsonian. The producer himself would not be so likely to invest his time, resources, energy and imagination to produce a striking or original series; and in addition, the ability of the Institution to participate in the research, preparation, and production of more than one series of major films at a time is seriously in question. The demands made on the time and creative abilities of our curators and scientists by the production during only one year of the NBC series were tremendous, and we should proceed cautiously in committing the Institution to more than one venture such as this at the present time.

Various "exclusivity right" provisions have been made, from time to time, with performing artists appearing at the Smithsonian. The Smithsonian also has granted exclusivity rights for the production of postcards, toys, and brochures about the Smithsonian. The Smithsonian has engaged in such "commercialization" to meet public needs that can best be served, most economically and efficiently, by the private sector.