Motion Picture News (Jul - Sep 1930)

July 5, 1930 Motion Picture News 25 Presentations Essential As Added Draw to Bolster B. 0., Publix Finds Esk Me "Why is it?" asked a prominent Wall Street trader, "that motion picture stocks rally so quickly after a slump?" "They suffer less than many of the real blue chips during the slump," he said, "and when the period of depression is over, most picture issues jump higher than the loss." Discs the "Out" If Court Sustains Schlesinger Claims (Continued from page 21) that the excitement is over. So much so that Schlesinger is now talking about his company as the keystone for the entire business in so far as sound is concerned. He maintains that every producer recording via sound-on-film and every exhibitor reproducing via that method is liable to damages. Just to what extent, he states he doesn't know, but adds the final wash-up may extend far beyond cost of equipment and into the realms of profits accruing from percentage engagements. The decision, to be reversed or sustained by higher courts as the case may be, covers the United States. How many theatres it embraces is difficult to compute since an undefined number is equipped for both disc and film methods of reproduction. The court decree has no bearing on disc reproduction and, if Schlesinger's claims are finally substantiated, would mean that the Warners, as largest users and principal champion of the disc, would be less liable than other major companies. In so far as the ultimate outcome is concerned, it appears that the major companies will pass the buck to Western Electric and insist that "Erpi" fight the litigation to its conclusion. In its contract with exhibitors, "Erpi" protects the theatre man up to the limit of the contract price and does not go beyond that. If Schlesinger's claim that profits accruing from percentage engagements on talkers fall within the range of damage actions, it would follow the exhibitor might have a real burden to carry. However, this was regarded as highly improbable. At any rate, Schlesinger has placed his cards on the table. He openly announces his intention of suing other equipment manufacturers, resting his claims entirely on the Ries patent. How Western Electric feels about the situation is outlined in a brief statement issued over signature of J. J. Lyng, vice-president of "Erpi," who states: "Western Electric's legal position in the field of sound pictures is based not upon a Talkers at Neighborhoods Keep Fans from Class A Houses, Survey Shows The lure of first run attractions in Class A theatres is no longer proving sufficiently magnetic to draw fans downtown and away from their neighborhood theatres. Publix has discovered this to be one of the principal reasons for the failure of the all-sound program to maintain its level and is, therefore, returning to fiesh-and-blood presentations as an added drawing card. Talkers, the circuit has demonstrated to itself, make it possible for the same type of programs to be seen in the neighborhoods at lower prices provided the public is willing to wait until subsequent runs play the pictures. The public apparently has been waiting. So much so that today, 28 de luxe Publix theatres are playing presentations while more are to be added to the line-up. In the Pacific Northwest, the units play Seattle. Portland and San Francisco. In the South, Dallas, San Antonio, New Orleans and Houston are among the links in the presentation chain. These have been recently added to the list of 28. The previous high level in the presentation circuit was keyed at 33 with indications at present that this figure will again be equalled, if not exceeded. Rogers' Deal with Radio Guarantees Circuit Runs Charles R. Rogers' deal with Radio Pictures covers four pictures under a dual contract which assures the producer guaranteed playing time in R-K-O's Class A theatres. Rogers is searching for material. Production will be centered on the Coast, studio to be selected. single patent, but upon a large group of patents which it controls. The Ries patent is not in any sense a basic patent and Judge Morris did not hold that it was. The effect of the decision of Judge Morris in favor of the Ries patent is simply to place it in line for adjudication by the higher court. In our opinion the Ries patent is invalid and Western Electric apparatus does not infringe upon it, but if eventually it should be held that the Ries patent is valid and is infringed, its use is in no wise essential to the successful operation of the Western Electric sound system. "No exhibitor using Western Electric apparatus need have any anxiety as to the ability and intention of Electrical Research Products, Inc., fully to protect him in the uninterrupted use of his equipment." The action was filed by General Talking and De Forest Phonofilm against the Stanley Company of America. Western Electric, by agreement of counsel, took over the defense since an "Erpi" reproducer was involved and the company held all of its licensed theatres were therefore implicated. Western Electric entered no patent claims during the trial in Wilmington. Dead Drunk? Hollywood — It happened at one of those Hollywood parties, where they say an actor was indignantly denying that he had had just a wee bit too much to drink. "Why," said he, "when I am drunk nobody but my wife ever can detect it." "Hm," said Glenn Tryon, "I believe you. Everybody thinks you're dead." Grind Teeth and Hear Music Is New Discovery Ithaca, N. Y. — "Hearing through the teeth" is the revolutionary experiment demonstrated here at the home of Dr. Frederick Bedell, director of physics at Cornell University. A phonograph was played, the sounds from which were inaudible to the ears. The spectators placed in their mouths long pieces of wood with pencil-like points. The points were placed on a tiny metal disc on a round, cloth-covered ball, which concealed the mechanism. The disc was a receiver for the deaf, which transmitted the inaudible vibrations into the wood. By biting the other end of the stick, the listeners could hear, it is stated, two of them declaring the music sounded perfect. The invention is designed for listening to talkers and radio programs, according to Dr. Bedell, who plans to install the receivers on the back of seats, with the strawlike sticks sold for a trifle to deaf patrons. RCA Gets in Big Boost At Educational Confab Columbus, O. — Continuous programs of sound pictures are being given at the annual Nat'l Education convention by RCA Photophone. Twenty thousand delegates are in attendance, with more than one fourth of the assembly already visitors at the RCA theatre, where visual instructional films are screened. Joseph Schenck Buried Funeral services were held this week in New York for Joseph Schenck, member of the vaudeville team of Van and Schenck, who died in Detroit at the age of 38. Van and Schenck appeared in the M-G-M production, "They Learned About Women." Norma to Paris Norma Talmadge is enroute to Paris. She is traveling under an assumed name to shun publicitv, declares her husband, Joseph M. Schenck, who denies rumors that she is going to the French capital to obtain a divorce.