Motion Picture Herald (Nov-Dec 1934)

November I 0. I 934 MOTION PICTURE HERALD 25 COMPOSERS' SOCIETY RETURNS U. S. FIRE STORY SALES (Week Ending November 3rd) SOURCE OF MATERIAL TOTAL ORIS FOR COMPANY INAL BOOK PLAY WEEK Fox I I Metro 5 5 Paramount ... 2 I 3 Universal .... I I 2 Warners 2 2 TOTALS FOR THE WEEK 9 3 I 13 TOTALS SINCE SEPTEMBER I 62 63 14 139 Alibi Ike, book, by King Lardner, purchased by Warner for Joe E. Brown; to be adapted by Bert Kalmar and Harry Ruby. Coast Patrol, origijial, by Dorell McGowan and Stuart Edward McGowan, purchased by Metro. Federal Dicks, original, purchased by Paramount for either George Raft or Gary Grant. Fl.\sh Gordon, original, by Alexander Raymond, purchased by Universal from King Features Syndicate for a serial. Goodbye Again, book, by Ursula Parrott, purchased by Universal for either Margaret Sullavan or Jane Wyatt. Hell Afloat, original, by Fritz Lang, purchased by Metro, to be produced by David O. Selznick and to be directed by Fritz Lang. Haircut, book, by Ring Lardner, purchased by Warners for George Brent. Love While You May, original, by Edgar Selwyn, purchased by Metro for Ramon Novarro and Evelyn Laye, with music by Arthur Freed and Nacio Herb Brown. Man Alive!, original, by J. P. McEvoy, purchased by Paramount as a possible vehicle for Charles Laughton. Safe in Jail, original, by Sidney Skolsky and Claude Binyon, purchased by Fox, to be produced by Robert T. Kane and adapted by Herbert Asbury. Small Miracle, play, purchased by Paramount. Typee, original, purchased by Metro, and to be produced by Phil Goldstone with Mala, the Eskimo, in the lead. Untitled original, by Dashiell Hammett, purchased by Metro as a sequel to "The Thin Man," and as a possible vehicle for William Powell and Myrna Loy. Metro Declares Dividend Metro-Goldwyn Pictures Corporation has declared a regular quarterly dividend of one and three-quarters per cent on the preferred stock, payable December 15 to stockholders of record on November 30. Legitimate Code in Effect The revised code for the legitimate theatre became effective late last week following a meeting of the code authority at the League of New York theatre headquarters. Elweil Booking Stage Shows Jack Elweli has completed arrangements for booking stage shows into all Lucas and Jenkins theatres in Georgia, numbering approximately 60. Variety Club Plans Party The St. Louis Variety Club, one year old, will hold its annual banquet and ball shortly. There are now 100 members. Answers Monopoly Suit with Charges of Song "Piracy" by Radio and Fi\m Interests Denying that it has created a monopoly in the music field, or that it ever attempted to create one, the American Society of Composers, Authors and Publishers last week filed its answer to the Government's antitrust suit in U. S. district court. New York. Every allegation of the Government pertaining to the Society's violations of antitrust laws and restraint of trade was denied by ASCAP in its 42-page answer. At the same time the Society flung charges of song "piracy"' at both the radio and motion picture industries. Trial of the suit is expected in January. The music tax compromise recently agreed upon between ASCAP and the Exhibitors' National Emergency committee is made a part of the Society's defense against federal charges of exorbitant royalty payments by theatre owners, ASCAP citing the agreement as an example of the "amicable system of collective bargaining through which the organization's music tax schedules are established." The answer also represents the exhibitors' committee as being "entirely pleased" with the compromise. The Motion Picture Theatre Owners of America and the Allied States Association still are opposing the Society's seat tax schedules. Answers "Restraint" Charge The answer sets forth that during the compromise negotiations "it was freely and unanimously stated by the members of the committee that the exhibitors of America would be confronted with a tremendously difficult and apparently insoluble problem in connection with the use of copyrighted musical works, were the Society to be dissolved." This statement has been generally construed as being ASCAP's direct answer to those portions of the Government's suit charging it with being a monopoly in restraint of trade and recommending the Society's dissolution. The answer also states that in nearly every hotel, restaurant, motion picture theatre, vaudeville theatre, cabaret, dance hall and other place of public amusement, prior to the Society's formation, the most successful works of American authors and composers were appropriated and publicly performed for profit in direct violation of the copyright laws. The answer also inferred that such "piracy" by many of the more "irresponsible'' types of motion picture producers and exhibitors still goes unpunished and that constant friction between the Society and the radio broadcasters is encountered. Cites Exhibitor Agreennents That part of ASCAP's answer intended to show that its music tax schedules are not "arbitrarily established," as charged, but are, rather, the result of agreements arrived at through collective bargaining, lists as further evidence the negotiations which, the answer .states, were consummated with the MPTO of Michigan, MPTO of Virginia and committees "representing an exhibitors' association of Minnesota and South Dakota" and one representing "an exhibitors' association of North Carolina." Twenty-three exhibitor trade associations are named in the answer as "having been combined to form a united front for the purpose of defeating the right of composers, authors and publishers to a reasonable royalty." It also cites the "penny-a-seat war chest" championed by the exhibitors' emergency committee and charges the MPTOA with being responsible for an agreement "to issue questionnaires to every senator and congressman to get them committed to the fact that they would favor repeal of the law which secures performance rights to members of the society" and that "they proposed to engage in lobbying on a large scale for congressional action and to engage 100 contact men for the purpose of inducing senators and congressmen to act in favor of the united front and in opposition to the interests of the Society." Campaigns Called Failures Much of the past history of exhibitor and broadcasters' litigation against the Society and opposition to music taxes is recited in the answer as having been either inefYectual, or decided in the Society's favor. It further mentions many legislative campaigns of both exhibitor trade associations and _broadcasters, asserting they were all failures, and while general denial of most of the Government's allegations is set forth, specific denials are made only as to the existence of a music licensing monopoly, an attempt to create one, or any violation of the anti trust laws or of restraint of trade. In conclusion the answer maintains that the Federal Trade Commission, the Department of Justice, various congressional patents committees and federal and state courts have ruled in the past that the Society is engaged in "a lawful and legitimate enterprise under the copyright laws." It also goes into detail regarding the Society's work in helping underprivileged authors, composers and publishers and their relatives. ASCAP's answer was filed Thursday in U. S. district court. New York by Gene Buck, Society president, after having been drawn up by Nathan Burkan, ASCAP attorney, who also is legal counsel for many of the large motion picture companies. Publishing Firm Reorganized Motion Picture Unit, publisher of the fan magazines Movie Classic and Motion Picture, has been reorganized. Stanley V. Gibson, the publisher, remains as president. Associated with him will be Samuel J. Campbell, Warren A. Angel and A. K. Taylor. Warners Fete Fliers Warner Bros, on Tuesday in Hollywood played host to Sir Charles Kingsford-Smith, Australian flier who last week arrived in California after a nonstop flight from Hawaii.