Year book of motion pictures (1951)

Advertising Code to appear and present reasons, either orally or in writing, or both, as to whv in his judgment all or a designated portion of such prexiously approved advertising should be withdrawn. Thereafter, the Board, meeting in executive session with the producer and/or distributor of the picture not voting, shall determine by Note of a majority of the Directors present and \oting, whether all or any portion of the previouslv approved advertising shall be withheld from use and/or withdrawn, and such action of the Board of Directors shall be final and binding upon the producer and/or distributor of said film. When any previously approved advertising for a motion picture is withdrawn pursuant to action of the Board hereunder, the companv withdrawing same shall be reimbursed the unrecoverable portion of its out-of-pocket expenditures for such advertising to the exlent deemed equitable and proper under all the circumstances by the Board. The amount of such reimbursement shall be prorated among all members of the -\ssociation including the company affected on the same basis as dues to the .\ssociation are currently paid. If neither the producer nor the distributor of said film is a member of the .Association, then the non-member withdrawing such ad\ertising shall be reimljursed the unreco\erable portion of its out-of-pocket expenditures for such advertising by the members of the .Association to the extent deemed equitable and proper under all the circumstances by the Board. fi. .Appeals. .Any company whose advertising has been disapproved may appeal from the decision of the .Advertising Code Administration, as follows: Within 10 days after its advertising hai been disapproved it shall serve notice of such appeal in writing on the Director of the Advertising Code .Administration and on the Secretary of the .Association. Said notice of appeal shall set forth the grounds upon which the appeal is taken. VVithin a reasonable time after the receipt of such notice by the Director of the .Advertising Code .Administration and the Secretary of the .Association, the President or, in the event of his absence from the country or his inability to act, a board consisting of three members of the Executive Committee of the Board of Directors of the .Association appointed by him, shall hold a hearing to pass upon the appeal. Oral and written evidence may be introduced by the company and the .Advertising Code .Administration. Oral argument shall be had at the hearing and written memoranda or briefs may be submitted by the company and the Advertising Code Administration. The President or said board, as the case may be, may admit such evidence as is deemed relevant, material and competent, and may determine the nature and length of the oral argument and of the written memoranda or briefs to be submitted. The President, or said board, as the case may be, shall decide the appeal as expeditiously as possible and shall notify the company and the Director of the .Ad\ertising Code .Administration in writing of the decision. Such decision shall be final. .A company appealing from a decision of the .Advertising Code .Administration under .Section 14 of the .Advertising Code shall have the right, by written notice to the Secretary of the .Association, to appeal directly to the Board of Directors of the Association, whose decision shall be final. The provisions relating to e\ idence, argument and written memoranda or briefs, ?et forth in these Regulations, shall apply to such appeals. 7. .Any company to which these regulations are applicable, which publishes, or makes available for sale or lease, or which in any way uses advertising without prior approval as hereinabove provided, may be brought up on charges before the Board of Directors by the Director of the Advertising Code .Administration, or by any of the following officers of the Association, viz.: the President, a VicePresident, the Secretary or the Treasurer. The company shall be entitled to receive a written statement of the charges and to a hearing before the Board of Directors. Within a reasonable time after the receipt of said statement of charges by the company, the Board of Directors of the .Associaiton shall meet in a Special Meeting to hear and pass upon such charges. Oral and written evidence may be introduced by the company and by the Advertising Code .Administration. Oral argument shall be had and written memoranda or briefs may be submitted by the company and by the .Advertising Code Administration. The Board of Directors may admit such evidence as it deems relevant, material and competent, and may determine the nature and length of the oral argument and of the written memoranda or briefs to be submitted. The Board of Directors, by a majority vote of those present, shall decide the matter as expeditiously as possible. If the Board of Directors finds that the company has published, or made available for sale or lease or in any way used advertising without prior approval as hereinabove set forth, the Board may take one or more of the following actions: a) Direct the Production Code Administration to void and revoke the Certificate of Approval granted by the .Associatioa for the picture so advertised and require the removal of the Association's seal from all prints of said picture, and the Production Code .Administration shall thereupon do so; b) Require the company, if a member of the Association, to pay to the Association as and for liquidated damages, not more than $100 for each publication, lease, sale or use of an unapproved item of advertising which has been published, made available for lease or sale or used, provided, however, that the total sum assessed for advertising relative 849