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

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MINUTES OF EVIDENCE 45 12 May 1936.] Mr. F. W. Baker, Mr. M. N. Kearney, [Continued Mr. A. Korda, Mr. N. Loudon and Captain the Hon. R. Norton. round, so to speak; that the barring clauses add to their difficulties, and that therefore there should not beso high a quota, as at present. That is as we understand one part of their line of argument. Producers as such do not take any exception to the barring clauses which are not their concern. All they say is that if, in fact, the barring clauses tend to make the supply of British films inadequate for quota purposes and add to exhibitors' difficulties, then they have the remedy in their own hands because they can modify the barring clauses. That is the whole point of that. 189. But do you, in fact, think these barring clauses are being unreasonably used?— There are doubtless cases where they have been used for unreasonable purposes, but that is not the concern of the producers. 190. (Mr. Cameron): May I ask one more question on that point? Is it not a fact that actually the barring clauses become more a difficulty in connection with the exhibition of foreign feature pictures, big American pictures?— (Mr. Baker): No, it is the same for all films. 191. But does not one mostly hear of the difficulty of barring in connection with the foreign feature pictures rather than British pictures?— (Mr. Kearney): Yes, because there are more of them. 192. The difficulty has been urged more in that connection? — It is not disproportionate, but only because there are more foreign pictures than British. 193. It applies equally with British pictures in a similar manner ?—(Capi. the Hon. B. Norton): I think you could answer that by saying the better the picture the more it is barred. 194. When there is competition the big feature picture, British or American, tends to be more barred ?— Yes, 195. (Chairman).: Then in paragraph 15 you suggest that the evasion of blind bookings might be stopped by statutory declaration once a year. If declaration is considered to be the best method, would it not be more effective if a declaration had to be. made on each individual film at the time of presenting it for registration? — (Mr. Baker): Yes, my Lord, I think that is so. (Mr. Kearney) : We only suggest a possible method for consideration. (Mr. Baker) : If the Law Officers of the Crown can find a better method it would be of great service to the industry. 196. In the next paragraph you talk about the booking of these " quickies " blind. Do the exhibitors really make these arrangements before the trade show? — Yes. (Mr. Kearney): The distributors and the exhibitors. When a renter has a first class foreign picture to distribute, there is competition to get hold of that picture among exhibitors. The foreign renter has to supply a certain proportion of British in order to match it. He can then go with picture " A " and say, " I am offering picture ' A ' with a series of others, plus the quota, I am not offering you picture ' A ' only, I am offering you the lot — take it or leave it." That is what it amounts to, boiled down. There may be pictures booked outside the dates allowed by law. Strictly speaking there is no contract by law, the contract could not be enforced, but should the agreement or understanding not be completed when it is legally possible to complete it, it is open then for the renter in future to say, " I am sorry, Mr. Exhibitor, I am not selling you any more pictures in any circumstances." 197. But there is often a try-out in addition to the trade show, is there not? — Not very often. Sometimes, but that is for a different purpose. The " try-out " is rather to see whether the film as cut and finished is suitable for showing to the public, and if necessary, so that it may be modified before registration and final showing. 198. That is after the trade show?— (Mr. Baker): No, my Lord, before the trade show. A try-out is sometimes of importance; it is just a show to a number of people— a packed hall preferably— so that the producer and other persons concerned can get the reaction of audience before they finally trade show the picture. 199. You come to that later on, but you do not attach great importance to it? — Not vital importance. It is a question of helping the producer to gauge the public taste. (Capt. the Hon. R. Norton) : It is only for cutting purposes. 200. Then in paragraph 18 you make very important recommendations. First, you want to change the method of calculating the percentage. You want to have it as a percentage of foreign films rented. Is there anything but arithmetic at the back of this proposed change? — (Mr. Baker): So far as the exhibitors are concerned there is no difference, but in respect of the renters' quota it will, we believe, encourage the production of more films by perhaps the lesser, or the all-British companies, in as much as they would only have, to make films to comply with the quota in respect of the foreign films that they import. It is a little bit difficult, my Lord; but supposing we take the figure of 100, as the total of a renter's annual registrations, and that 100 is made up of 70 per cent. British films and 30 per cent, foreign films. The present Act compels the renter to acquire British quota to the extent of 20 per cent, of the total. Supposing, however, only 30 per cent, of that 100 are foreign films, then 20 per cent, of that 30 per cent, is a very much less quantity of films than 20 per cent, of the whole in respect of which he has to comply with quota conditions. An important purpose of the suggested alteration is that it will encourage the setting up of new producing units in this country without any condition as to. the type of film that they should make, because such films will be British and made by companies having a real British policy. 201. Well, I quite see that, if you increase the quota, but I cannot see that it makes any difference whether you express it as a percentage of the whole or a relative proportion? — Yes, there is a difference. (Mr. Loudon) : My Lord, in answer to that question, we have made certain recommendations later on in the memorandum for a minimum price quota and also for labelling certain pictures, and that recommendation is based on the fact that renters' quota pictures, shall be a percentage of the foreign footage imported. Any other pictures will be quite free and will not be labelled as quota pictures. The position is that foreign renters imported from British Dominions, or acquired in this country, last year, 111 British pictures, and British renters acquired 104. Now, the 111 British pictures which the American renters distributed are in our opinion mainly the pictures which are causing all the trouble, and which are doubtless quota " quickie " pictures, and these are the pictures which we want to see improved. We want them to be labelled. If the foreign controlled renter acquires or makes such bad cheap British pictures then he ought to live and be associated with them. That is the reason we propose changing the method. We propose changing the method of calculation from the total footage to the foreign footage in order to pin the responsibility for poor quota pictures on to the renters who inspired their production, and also to ensure that such pictures shall have a minimum amount of money spent on their production. (Mr. Kearney) : There is a reason too, my Lord, other than one purely of mathematics. I do not think you want me to explain it in detail, but there is a reason other than mere mathematical calculation. 202. I am puzzled about it. — (Mr. Baker) : Can T. my Lord, give the reason 203. I think Mr. Kearney has something Ik wants to tell us? — (Mr. Kearney) : I think I can explain it fairly briefly. By the present regulations if is laid down that the renters' quota (leaving aside the exhibitors' quota for the moment), shall be a proportion of all films rented. Unquestionably, which ever way you work it you get the same result, bul