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

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MINUTES OF EVIDENCE 39 12 May, 1936.] Mr. F. W. Baker, Mr. M. N. Kearney, [Continued. Mr. A. Korda, Mr. N. Loudon and Captain the Hon. R. Norton. British films they have hired during the " dead " hours of daily sessions, when hut few patrons are present. If the proposals contained herein for elimination of the " quota quickie " are to be successful it is essential that steps be taken to make the special showing of British films during the " dead " hours impossible.) Short films (i.e. less than 3.000 feet in length). (e) Extension of the appropriate clause in the existing Act so as to permit of registration of certain classes of short films, as detailed below, to serve as renters' and exhibitors' short quota. The classification to include short films depicting : — (i) Scientific subjects, including natural history (but not strictly " school room " educational films). (ii) Documentary films generally. (Note 4. — There has always been an annual deficit of short British films available to meet short quota requirements. The production of short British films, other than purely entertainment films, but containing an important entertainment element, is being widely developed in this country, and it is thought desirable from many points of view that the production of gooTl pictures of this type should be encouraged. If such films were permitted in future to be registered and to serve as renters' short quota, it should be helpful both to their producers and to exhibitors.) (/) Short films registered for renters' quota costing less than £500 per reel to produce (or £2-50 in respect of the items returnable on form " C ") to be described in the manner above indicated in respect of long films. Proposal 3: Exhibitors' quota. — All British films as defined by the Act (subject to modification as already indicated) and registered as such to be eligible irrespective of cost to service for exhibitors' quota, whether or not they are also registered for renters' quota. 1'roposal 4. — Renters' and exhibitors' quota to be fixed at the precentage rates shown in Annex 1 to this Memorandum. Renters' quota to rise from 29 per cent, of foreign films acquired in the first year to 54 per cent, of foreign films acquired in the sixth and subsequent years. Exhibitors' quota to rise from 25 per cent, of foreign films shown in the first year to 50 per cent. of foreign films shown in the sixth and subsequent years. (Note 5. — The third column in Annex I indicates the equivalent percentages calculated by the present method as compared with the suggested percentages calculated by the new method. The proposed percentages provide for the maintenance of a reasonable margin between renters' and exhibitors' quota. It will be noted that the maximum quota for exhibitor-, to be attained in the sixth year of the proposed new Act. provides for the showing of one British film out of every three films exhibited. This proportion cannot be considered excessive.) Proposal 5. — All films screened to bear a legible title showing whether they were made (r;) in the United Kingdom, (b) in the British Empire Overseas, or (r) in a foreign country. Proposal 6. — Provision to be inserted in the Act effectively to prevent renters from requiring exhibitors to hire a British quota picture of the type referred to in Proposal 2 (b) and (/) as a condition for the hiring of a foreign film. Propositi 7. — New provisions in the Act to deal effectively with the present practice of evading the terms of the law as to advance booking Proposal 8. — A new clause in the Act to permit of foreign negative being used in the making of a British film up to a maximum of 10 per cent, of the total registered length but not more than 20 per cent, of the studio scenes depicted in it (whichever is the less), without disqualifying such film from registration as a British film for all quota purposes. The cost of such foreign negative not to be included in calculating the cost of the whole film for the purposes of renters' quota as indicated in Proposal 2 above; the cost being calculated only on the balance of the footage of the film exclusive of the foreign negative. (Note 6. — It has been found from experience that it is frequently convenient for British producers, for local background or other purposes, to utilise scenes or short sequences already made by foreign companies. There should be no reasonable objection to the inclusion, if desired, of a limited length of foreign negative in a British film provided that the film as a whole otherwise satisfied all requirements of the law as to what constitutes a British film.) Proposal 9. — The inclusion in the Act of clauses permitting the employment of juveniles in studios for the purpose of portrayal in films. (Note 7. — Detailed proposals in this connection have already been submitted to the Home Office. The Committee of Inquiry is doubtless aware that the employment of children under the age of 14 years for portrayal in films made by British producers is illegal by the terms of the Children and Young Persons Act. 1933. and the regulations of Local Authorities made under it. This restriction has proved very disadvantageous to British producers, and has resulted in their being unable to make many pictures of a very popular type which can be readily made abroad and shown without hindrance in this country, and in child actors of talent being taken abroad for employment. The whole question has been most carefully studied by British producers in conjunction with labour and educational interests, and detailed representations have been made to His MajestyGovernment. In these proposals the fullest provision has been made for safeguarding the welfare of the children. Producers suggest that any re-enactment of the Films Act would provide a suitable opportunity for dealing with this matter.) Proposal 10. — Abolition of the clause in the existing Act granting to films made in any parts of His Majesty's Dominions the same facilities as are accorded to United Kingdom films to serve for renters' and exhibitors' quota purposes in Greal Britain, and the introduction of provisions for reciprocal treatment of films made in Empire countries according as their domestic laws favour or penalise United Kingdom films. (Note 8. — The present Act gave to producers in all parts of the British Empire the same advantages as were accorded to United Kingdom producers, and it was confidently anticipated that as time went on an Imperial quota Hot British films would be established in all the principal Dominions and Colonies. As events have proved, however, in the course of the lasl eight years, no British territories, with the exception ol certain of the smaller Colonies, have introduced ami applied quota legislation in favour of British films. On the contrary certain stales of the Australian Commonwealth have introduced local quota regulations requiring