Motion Picture Daily (Oct-Dec 1960)

2 Motion Picture Daily Thursday, December 22, 1960 Requiring Court to Look at Old TV Films Ruled A 'Fate Too Horrible to Contemplate' A humorous sidelight in U.S. District Court Judge Archie O. Dawson's decision in the government's suit charging six film distributors with illegal anti-block booking of films to television is aired in a digest of the case prepared by Herman Levy, Theatre Owners of America general counsel. Discussing the court's denial of the government's petition for renegotiation of tv film contracts involving block-booking, Levy says the court stated that the decreeing of renegotiation would call upon the court to devote a substantial part of its time to viewing pictures on television in attempting to reach values for them. As to this the court stated by way of a footnote: "To require this court to view hundreds of television films, when the judge who tried the case will not even have a television set in his own home, seems like a fate too horrible to contemplate." PERSONAL MENTION COL A. SCHWARTZ, president of ^ RKO Theatres, accompanied by Mrs. Schwartz, will leave New York today for Los Angeles. • Joseph E. Levine, president of Embassy Pictures, has returned to his desk following minor surgery at Peter Bent Brigham Hospital, Boston. Joseph Hazen, producer-partner of Hal Wallis, has arrived in Hollywood from New York for conferences at the Paramount studio. Preston Tisch, president of Loew's Hotels, Inc., and Charles E. Kurtzman, general manager of Loew's outof-town theatres, were in Atlanta from New York. M. A. Levy, branch manager for 20th Century-Fox in Minneapolis, has left there with Mrs. Levy for Fort Lauderdale, Fla. • Elizabeth Taylor will leave New York today for London. J. P. Papayanakos, 84, Pioneer Exhibitor, Dies Special to THE DAILY GOUVERNEUR, N. Y., Dec. 21.Creek Orthodox services have been held here for James P. Papayanakos, 84, an exhibitor in Upstate New York for 52 years and active in the industry until he suffered the illness which caused his death. Following the funeral services interment took place in Elmwood Cemetery. Papayanakos entered the industry hy opening a nickelodeon, the Happyland, in Watertown, later building the Olympic there. He then shifted operations to Potsdam and Gouverneur, while his brother, Alec, moved into Canton. At the time of his death the deceased owned the Gralyn here, also the Roxy and the Hi-Way Drivein, Potsdam. In addition to his brother, now living in Greece, Papayanakos is survived by three nephews: Peter, John and Nicholas, all exhibitors. NEW YORK THEATRES ■ — RADIO CITY MUSIC HALL — Rockefeller Center • Ci 6-4600 DEBORAH ROBERT PETER KERR • MITCHUM • USTINOV IN FRED ZINNEMANN'S PRODUCTION OF "THE SUNDOWNERS" A WARNER BROS. PICTURE inTECHNICOLOR and THE MUSIC HALL S GREAT CHRISTMAS STAGE SHOW Block-Booking ( Continued from page 1) distributors from licensing feature films in blocks or in groups. It is only when the offer of such blocks or groups is conditioned one upon the other that the practice is illegal, Levy points out. "A distributor may not legally compel a purchaser to buy a block, nor a group. And a purchaser may not legally compel a distributor to sell him its product in a block, or in a group," he says. Five Defendants Listed Defendants in the government's television film case included Loew's, C and C Super Corp., Screen Gems, National Telefilm Associates, Associated Artists Prods, and United Artists. The court ordered injunctive relief prohibiting the defendants from conditioning the license of one television film on the licensing of another television film. However, the court denied the government's petition to require the defendants to renegotiate the existing contracts on a picture-by-picture and station-by-station basis, stating that such an order "would be without legal foundation." The court felt that this matter would best be handled by private litigation, rather than an injunction compelling renegotiation, Levy said. Stresses Edict's Importance The TOA counsel calls the decision "of prime importance to the motion picture industry" but says, "However, the impacts on motion picture theatres from the elimination of blockbooking to television, and from the granting to television of the privilege of selectivity, cannot be appraised at this time, there are involved too many economic factors, such as the laws of supply and demand, the needs of television, etc., to permit sound judgment." The decision's effect on post1948 film sales to tv, if there is no appeal, Levy expects will be that the de CEA Boycott Against James Woolf Withdrawn From THE DAILY Bureau LONDON, Dec. 21. Officers of Cinematograph Exhibitors Ass'n., named in a suit by James Woolf, managing director of Romulus Films, have agreed to withdraw a boycott resolution against him. They have also agreed to withdraw a letter written to Jack Warner, president of Warner Bros., telling him that CEA members will not book films with which the Woolf family is concerned. The CEA boycott against John Woolf, brother of James, will stand, however, CEA officials said. Woolf and Daniel Angel are under CEA boycott because of their sale of feature films to television. A spokesman for Romulus Films said the development should pave the way for settlement of the action taken by James Woolf against CEA. Walsh in Coast Talks HOLLYWOOD, Dec. 21. -Richard Walsh, IATSE international president, stopped here enroute from Hawaii to New York, to hold brief meetings with Charles Boren, vice president of the Association of Motion Picture Producers, and business agents of IA studio locals, as well as Ralph Clare, chairman of the basic crafts committee, in preparation for the union's basic agreement demands at bargaining sessions commencing Jan. 9. Walsh is expected to return here at that time to expedite negotiations. fendants will heed the court's suggestion that "we would not want the defendants to follow certain of the procedures which they followed with reference to the pre1948 films and which are found in this opinion to be violations of the anti-trust laws." This would mean, Levy says, "an end to block-booking deals, and the granting to television stations of the privilege of selecting and of negotiating for only those pictures which they want." Looks Like 'Frisco For Bow of "Assist' Special to THE DAILY SAN FRANCISCO, Dec. 21. There was every indication here today that 20th Century-Fox's CinemaScope production of "Francis of Assisi" will have its world premiere in the city named after the Thirteenth Century saint. Shooting of the Plato Skouras production is now being completed in Spain, said Adrain Awan, 20th-Fox exploitation manager, who has been in the city for the past week for a series of conferences with Mayor George Christopher and other civic, business and church leaders. "The major portion of the film has been completed," Awan said, "and was firmed in Italy, mostly in the town of Assisi, the birthplace of Saint Francis. It will be ready for release early in the spring. Won't Confirm Deal However, Awan refused to confirm reports in the local press that the deal has been set for San Francisco and said his visit here was purely exploratory to determine what the city will do in exploiting the premiere sought by Mayor Christopher from his political and personal friend, Spyros P. Skouras, president of 20th Century-Fox. "Cities all over the United States and Europe have bid for the premiere," Awan said, and added, "one of them is Rome." Meanwhile this city is taking it for granted the picture will open here. Today Mayor Christopher appointed Irving M. Levin, the International Film Festival founder and director, to head a citizens committee which will start immediate plans for a three-day celebration focusing on the city's namesake and the anticipated world premiere. 'Lace' in 70 Theatres Universal International's "Midnight Lace" will open in more than 70 theatres in the Greater New York area next Wednesday for the New Year's weekend holiday, backed by an all-out advertising, publicity and promotion campaign being developed by Universal. The companion feature with "Lace" will be U-I's "College Confidential." No Paper Tomorrow And Monday for Holiday MOTION PICTURE DAILY will not be published tomorrow and Monday in observance of the Christmas holiday. MOTION PICTURE DAILY, Martin Quigley, Editor-in-Chief and Publisher; Sherwin Kane, Editor; James D. Ivers, Managing Editor; Richard Gertner News Editor Herbert V Fecke Advertising Manager; Gus H. Fausel, Production Manager, TELEVISION TODAY, Charles S. Aaronson, Editorial Director; Pinky Herman, Eastern Editor Hollywood Bureau Yucca-Vine Building, Samuel D. Berns, Manager; Telephone Hollywood 7-2145; Washington, E. H. Kahn, 996 National Press Bldg., Washington, 4 D C London Bureau 4 Bear St. Leicester Square, W. 2. Hope Williams Burnup, Manager; Peter Burnup, Editor; William Pay, News Editor. Correspondents in the principal capitals of the world Motion Picture Daily is published daily except Saturdays, Sundays and holidays, by Quigley Publishing Company, Inc., 1270 Sixth Avenue, Rockefeller Center, New York 20 Circle 7-3100. Cable address: "Quigpubco. New York Martin Quigley, President; Martin Quigley, Jr., Vice-President; Theo J. Sullivan, Vice-President and Treasurer: Raymond Gallagher, Vice-President; Leo J. Brady, Secretary. Other Quigley Publications: Motion Picture Herald, Better Theatres and Better Refreshment Merchandising, each published 13 times a year as a section of Motion Picture Herald; Television Today, published daily as part of Motion Picture Daily; Motion Picture Almanac, Television Almanac Fame Entered as second class matter Sept. 21, 1938, at the Post Office at New York, N. Y., under the act of March 3, 1879. Subscription rates per year, $6 in the Americas and $12 foreign Single copies, 10c.