Minutes of evidence taken before the Departmental Committee on Cinematograph Films (1936)

MINUTES OF EVIDENCE 37 12 May 1936.] Mr. F. W. Baker, Mr. M. N. Kearney, [Continued. Mr. A. Korda, Mr. N. Loudon and Captain the Hon. II. Norton. all registered films handled during a given year. Other provisions require the trade-showing of all registered films before they are offered for rental (this to prevent " blind " booking) and limit the period of advance booking to exhibitors (this with the object of preventing the reservation of playdates too far in advance by renters having a large and regular supply of foreign product). The law clearly defines what constitutes a British film and illdictates the categories of films that may be registered. 12. Beference should be made to the statements of exhibitors that the existing quota is a hardship to many of them, despite the fact that the number of British films has increased and is destined to increase much more in the immediate future and that the quality of genuine British films has vastly improved in comparison with the output of some four or five years ago. In the aggregate exhibitors have, as stated in the foreword to this memorandum, shown a considerably larger proportion of British pictures of recent years than the law requires. The cases of genuine hardship are relatively few, and the Act already provides for the exemption of exhibitors who can prove inability to comply with its terms. The very few prosecutions for non-compliance indicate that the vast majority of exhibitors can readily fulfil their obligations. Some exhibitors are understood to incline to the view that an immediate substantial reduction of the exhibitors' quota is the only means of meeting their alleged difficulties ; producers, on the other hand, are confident that the position can be remedied by the provisions suggested in this memorandum without recourse to so retrograde a step. In the opinion of British producers the main difficulty of such exhibitors as are affected is clue to the fact that, while the Act of 1927 established the percentages of British films that must be acquired for rental and exhibition respectively, it made no stipulation as to the quality or entertainment value of the British films required to be handled. At present any picture made within the British Empire in accordance with the provisions of the Act is eligible for registration as a British picture and to serve for both renters' and exhibitors' quota, whether its quality is good, bad or indifferent. The result of this omission is that whereas to-day an increasingly large number of first-class films is produced in British studios, which compare favourably in technical quality, entertainment value and earning capacity with the best films made in any country, a considerable number of films is at present produced in Great Britain whose quality is so indifferent as to cast a slur upon the value of all British films. These poor quality films are made almost entirely by or for renters whose main business and sole interest is the distribution of foreign films in this country, and who are not gravely concerned with the quality of the British films they must acquire to meet their legal obligations — indeed the very poorness of quality of the British films they distribute helps by contrast to emphasise the better quality of the foreign films exhibited in company with them. It is common knowledge that many of these films — scathingly referred to in the trade as " quota quickies " owing to the fact that, for purposes of economy, they are hurried through the studio in the shortest possible time — are lamentably poor in entertainment value and do much to detract from public appreciation of British films as a whole, since the general public has no means of knowing the true situation. 13. Both British producers and exhibitors suffer from these poor quality British films made for no other purpose than to enable foreign films to be distributed in this country. Their existence is the principal cause of any difficulties encountered by exhibitors in complying with the law, and is doing considerable harm to the reputation of the British production industry both at home and overseas. It is the purpose of British producers, and they believe it to be the desire of all sections of the British film trade as well as of the public generally, to bring about the elimination of the " quota quickie " and its disappearance from the screens of this and other countries. If that can be done (and British producers are confident that it can and will be done if the proposals put forward in this memorandum are adopted and enacted by Parliament) the prospects of the British film industry as a whole will be immeasurably improved, the position of exhibitors relieved and the way paved for an important development of the entire British film industry. 14. A second factor which handicaps British exhibitors in obtaining supplies of British pictures is what are termed " barring clauses ". These are clauses in hiring contracts between renters and exhibitors restricting the showing of pictures in specified theatres in certain areas or theatres generally (other than indicated theatres in certain districts). Producers make no specific recommendation with regard to these " barring clauses ", which are the concern of renters and exhibitors. They would point out, however, that neither of these sections of the trade can logically argue a case for a reduction of the quota or against its increase above the present level on the ground that operation of the " barring clauses " makes it difficult for exhibitors to obtain sufficient British pictures for quota purposes. If this is the case they have the remedy in their own hands. 15. Reference has already been made to two very serious abuses that have grown up in recent years, namely, the practices of excessive " advance " booking and " block " and " blind " booking. These practices are most injurious to exhibitors and to British producers. An attempt was made in Section 2 of the Act to limit advance booking, but it is common knowledge in the industry that these restrictions are to-day generally evaded in practice by means of what are termed " gentleman's agreements ". If effective means could be devised of coping with this evil the result would be advantageous both to British producers and exhibitors; the more rapid general release of films would be ensured, and the public as well as the British industry would benefit proportionately. Producers strongly recommend that His Majesty's Government should consider all possible means of strengthening the present law so as to ensure strict observance of the advance booking regulations. Various means of achieving this have been considered — including the possible introduction of a provision that all renters and exhibitors should be required to sign annually a statutory declaration that neither they, nor to their knowledge their representatives, have, during the period covered by the return, entered into any agreement, arrangement or written or verbal or other understanding for the booking of pictures or reservation of dates beyond the period permitted by law — but it is felt that a solution of the problem can best be left to the Government's legal advisers. Producers regard this question of advance booking as of fundamental importance in the (interests of the British film industry, and consider that a satisfactory solution of the matter would be generally beneficial to the trade and the public. 16. By " block " booking is meant the common practice among renters of insisting upon exhibitors taking films which they do not require, and would not hire if free to reject them, as a condition for the rental of the better pictures they wish to obtain. Very often exhibitors have to book these films " blind ", i.e. without having seen them. It is mainly by this method that exhibitors are forced to take the British " quickies " offered to them as quota to offset the better quality foreign films they are anxious to secure. Producers do not feel that it is within their province to make general recommendations to the Committee regarding this practice of block booking, but they suggest that the Committee might examine into it and that in any event effective steps should be taken to prevent the block booking of " quota quickies " coming within the category hereinafter referred to.