Variety (Dec 1946)

Wcdnewlay, December 4, 1946 Toscani Who Claimed He Was' Joppolo' On'Adano' Loses in Important Decision For Scripters on Civil Rights Issue Playvi>rights, film and radio script- *rs were bailed out last week, along with tlie cOi.ipanies producing their woi'ks, from a legal tangle which would have substantially, broadened Iheir financial responsibility. Re- prieve came 111 the form of a N. V. Appellate Division ruling which barred recovery for characters re- sembling livhig persons unless the work used either the name or the portrait of the complaining party. .Court, divided 4-1, reversed the Uwer court .and tossed out suit Of ■Ffailk E. .'foscani afainst John Her- iey, author, and Alfred A. Knopf, publisher, which sought damages on the claim that Major Victor joppolo in "A Bell for Adano" was a por- trayal of the plaintiff. Citing the N. Y. Civil Right.. Law in his support; Toscani had asked balm on the contention that Licata. Sicily, was Adano; and that he was. in fact, the senior civil affairs'of- ficer of American military govern-j nienl in Licata. Both the book and play, plaintiff had- asserted, ^while not naming him. or depicting his likeness, actually portrayed him as Joppoio; which was "an exploita- tion of his acts, life and personality." Discussing plaintiff's argument, Opinion said that "it was not in- tended to give a living person a cause ot action for damages based on the mere portrayal of acts and events concerning a persor desig- nated fictitiously in a novel or play merely because the actual experi- ences of the living person had been similar to the acts and events so narrated." Such a construction, it continued, vrould broaden the scope of the Civil Rights Law by "any- thing warranted by the meaning that would, ordinarily be ascribed ■to the words 'name, portrait or pior ture'." In dissenting. Judge Edward Dore sided with Toscani, and argued that a "picture is not necessarily a pho- tograph 'but includes any repre- sentation of such person'," citing an expression of the Court of Appeals. Basing a work on events occurring 4n the life of a living person would not support a suit, he said, but por- • trayal of a person in fiction would be sufficient. Wismer Scores .722 A marked- spurt in the past three weeks, during / which he, tabbed, 83 games correctly out of 108, enabled Harry Wismer to wind up his Yarieiy footbaU- prediction s P a s 0 n with an average of .722. Puring the spurt Wismer mousetrapped the odds- makers at a ,768 clip. On the season . he snared 250 wins against lOQ losses, {Pies, of which there were 15, were not counted. The final average is considered good, especially since the past season produced some of the most startling upsets in the an- nals of the grid game, partic- ularly in the pro field. ; Final selections by Wismer, who, is; incidentally, director of sports and ace sports announcer for the American Broadcasting Co., will appear the issue before New Year's Day, when he will predict the outcome of the vari- ous Bowl, games. Sport Shorts Trading on a couple of, w.k. football names, Leon and Eddie's are currently headlining their layout with Jerry BLANCHARD and Eddie DAVIS, with news- paper ads arranged to make them look like a couple of cliaracters out of the Army "backfield. Billy Jurges, Chi Cub short- slop formerly with the Giants, opened a bistro just outside N.Y. during his term on Coogan's Bluff. He sold the place, to- gether with, the name, a couple of weeks ago. Now Jurges wants •to open another spot but can't use his own name, having sold the rights to it as a trade-mark. 233rd WEEK! KEN MURRAY'S "BLACKOUTS OF 1946" El Capitan Theatre, Hollywood, Cal. "Keep 'eni laiiKliing Ken—you're doing: a ffreat job. BOB HOPE. SERVICE RESERVISTS HONOR SHOWFOLK Hollywood, Dec. 3. Fifteen men and women in or con- nected with show business were cited by the Reserve Officers Assn. lor services rendered on the home Iront during the war. With Mozelle Britton Dinehart as «mcee, awards were handed to Mrs Jean Hersholt, Mrs. John Ford Anne Lehr, Cobina Wright, Sr., Ida Koverman, Harry Crocker, Harry Kevel, Pietro Gentile, Don Trimmer, J. K. Wallace, John te Groen, Jean Garri, Ann Garry, Helen Sue Goldie aftd Dr. Sam Hoffman. : U.S. MEDALS FOR BEBE, LYON FOR WAR WORK Hollywood, Dec. 3. General Ira C. Eaker will present medals to Ben Lyon and Bebe Daniels Dec. 9 at March Field. Pro- ducer actress will receive the Medal of Freedom for meritorious service in England during war, while Lyon will receive the Legion of Merit for his services with the 8th Army Air Force. The Berle-ing Point .By Milton Berle- 'There's Only 1 Paris, That's in N.Y.; Pat O'Brien Having shepherded the Command Performance players to London and Paris, and back, Paramount's Nor- man Siegel has returned to his home lot. He was on loan to the . industry to chaperone the various Btars. Pat O'Brien, one of them, re- ' turned we.st over the weekend, leav- ing the Reggie Gardners and the Ray Millands as the sole remainders. Former leave this week for the Coast, and the Millands are en route from Paris, having taken time out to buy a home on the Riviera. It is Milland's idea to make a picture a year in France and, having fallen for the Cannes climate; he bought a villa there. Incidentally, the general findings by the U. S. stars was that London is grim and tough and that the Continent, with its wide-open black markets, at least affords better living conditions. "But," to quote O'Brien, as they *aw the New York skyline upon their return last week, "there is only one Paris-=a'nd It's in New York." Bell's Commerciai Pic; What, No Don Ameche? One of the most ambitious com- mercial films ever produced in east- ern studios will, emerge from the cuttmg room of the new.RKO Pathe studios about Dec. 12. Picture is being made by the Bell Telephone System and covers portions of the life of Alexander Graham Bell. Running time will be about a half hour and the budget has been set in the neighborhood of $100,000. This will be the first film com- pleted at the new studios and will have on the staff several imports from the Coast. In the lead role will be Raymond Edward Johnson, last seen as Jefferson in "The Pa- triots." Script is by Ardis Smith, of Pathe's "This Is America" series, while Charles Underhill will pro- duce iinder supervision by Frederic Ullman, Jr., and Jay Bonafield. Richard O. Fleischer, on loan from RKO's Hollywood lot, will direct. Distribution of the film will be centered around the Bell System's offices and, where possible^ schools and nabe theatres. Currently in the works at the uptown studios are a Navy film and another commercial production for an unnamed sponsor. HUBBY TAKES OVER OUVIA'S BIZ AFFAIRS . Hollywood, Dec. 3, Olivia; DeHavilland's writer- hu.sband, Marcus Goodrich, has taken over iTvanagement of all her business iffairs, with a general housecleaning of her agent, lawyer, secretary and coach. Entire staff was given the gate last week and Goodrich takes over in all phases. Firing comes as a surprise because ihe attorney aided Miss DeHaviUand in her successful battle to terminate her Warners' contract. Agent, who had sided with her in the,legal com- bat, is now prepared to bring suit against the star because he has a three-year contract with ; her. He will ask 'for a share of any earnings accruing ^during that tim.e. Actress, has been collecting $150,000 per picture. Although reports liave been cir- culating that Miss DeHaviUand will play the femme lead in "Voice of the Turtle" at Warners, with legit pro- ducer Alfred DeLiagre, Jr. seeking her for film role, author-director John van Druten said he had not talked to hor nor did he have any intention of doing so because he understood on the Warner lot that "DeHaviUand was an unmentionable name there." Joseph Gotten is also reported being pitched for the male lead. Universal - International, mean- while, announced yesterday (Mon- day) that Joan Fontaine, sister of Miss DeHaviUand, had been signed to replace the star in "Ivyj" Sam Wood production. Picture, which had been scheduled to start yesterday will go before the lenses next Mon- day (9). Miss DeHaviUand declared she had never signed to appear in the picture but had agreed to ink a contract if she approved the final script. She added that she's never seen the final script so has changed her mind. Fickle French Kudos Lifar, Hoot Pianist There's no doubt that the New York stage critics wield' plenty ot power. And some of them review a production as though they had a eonlroliing interest in Cain's Warehouse.. .Know one first-string critic (and he's got the yo-yo to go with it), who has a terrific vocabulary., he knows 308 synonyms for "Stinks." But I think he's going a little too far when he types all his reviews on limburger.. .On the other hand, some critics bend backwards to give a show a break. For instanccy John Chapman predicted that "Brother Rat" would get great "word-of-mouse" advertising . .j\nc| when Robert Coleman eouldn't make up his mind recently whether a play he'd just seen was comedy or melodrama, he called it "half^farce." ^heh he had' to review "The Iceman Cometh," from force of habit he-went to the Center theatre. George Jean Nathan is the best-dressed ol all the critics. He always arrives at an opening wearing a cravat by SulUa, a suit by Brooks Brothers.. .and a sleeping bag by Abercromble & Fitch, The Great Wit Way ' Understand Monogram is making a sequel to the Jolson story called "The Gene Baylos Story," They're going to dub in Jolson's voice (Harry .lolsoii). Lip-quipped at Lindy's: He's monotonizing the conversation! , ' Understand Tommy Manville is piibli-shing his own blue book .he's calling it "Woo's Woo." With so many fighters going into show business from the ring, . instead of auditions, agents are asking for a fast three rounds,' ' So many revivals on Broadway this sea-son It looks like Father Devine is taking'Over, ■'. , Martinique monologue: "Conceited? His conversation contaiiiis more 'I's than Mississippi'." Chorus girl: I always know when I've had enough to drink.. il become unconscious, No Truth To the Rumor That Jerry Lester's favorite song is "My Buddy".. .Tliat Fred Astaire was Gene Kelly's first pupil..,That one of Bette Davis' pictures has been held over for a third week at the Laffmovie.. .That B. S. Pully will star in this year's airing of Dickens' "Christmas Carol". .That radio comedy writers will insist on writing completely new shows for repeat broadcasts. Hangnail Desori^ions ^ I ' " . Madame Du Barry: The Sport of Kings.. ."Tl\e Chase": Cummings and goings. ..Junkman: ScrapareUi.. .Cain's Warehouse: Home of the Brave.;; New hair-do tryouts:. tress rehearsalsi Observation Department Now tha{ Samnly Kaye has his own stable of horses I suppose he'll change his audience participation stunt to "So You Want to Lead a Race.'' Was waiting' on line in a theatre the other night when the u.<iher an- nounced "Two singles down in front." Eight married men made a dash for them. Love the way a friend of mine advised a no-talent comic to cimt the stage and go into the dress goods business. He told him to stop buying material by the minute and start buying it by the yard. Know a singer who's dedicating her songs to all the cats that gave up their lives to become fiddle strings (some guts). -Berled.Eggs.'. Solly Violinsky. says that this year you don't have to fill out income tax forms.', .just send the Government a blank bank withdrawal slip. Understand writers are now using a "Parody" pen.. .writes six carbon copies at one time, , Phil Harris claims he made a skating rink on the flat roof, ot hi.<; house out of frozen .gin. He says the gin made rotten ice. ..but, oh, those icicles! Agent's advice: If you don't start shopping for an act you'll wind up act- ing for a sliop. So far this month I've seen Claude in "Notorious," "Caesai' and Cleo- patra" and "Angel on My Shoulder",. .it never Bains but it pours. Just found out why Joe E. Lewis' material is always so fresh.. .he files it in a humidor. My brother (the one who specializes in guest shots at' barroora.s) just went nuts trying to have the last word with an echol JOSE ITURBl CANCELS CONCERTS FOR M-G PIC With Jose Iturbi already record- ing music for the Metro film, "The Birds and the Bees," in which he's to be co-starred with Jeanette Mac- donald, maestro's plans for a nation- wide concert tour this season with his own orchestra have been aban- doned. Film work wiU keep Iturbi busy through February. , Change in plans came about this faU when Iturbi. took sick. Orches- tra-idea was di.scarded and he signed Drafted Again! Hollywood, Dec. 3. Audie Murphy, much-decorated soldier, will star in the Cagney pro- duction, "Two Soldier.?," based on a story by William Faulkner. Soldier actor is al.so being groomed for two more Cagney pic- tures. "A Lion Is in the .Streets" and "The Stray Lamb," Paris, Nov. 24. Claiming that he had been unduly active in participating in entertairi- the Metro pic instead, ing Germans during the occupation, part of the audience of an Adolphe Borchard. recital interrupted his performance at the Salle Pleyel last week. Whistles., and firecrackers' were u.sed. ■ After an intermission the longhair pianist resumed playing, and was again interrupted. He was never- theless able to resume once more and end his piece before taking a bow. . On the other hand, the comeback staged by Serge Lifar, noted ballet dancer and choreographer whose performance at the same hall was expected to cause an uproar, was a big hit. The unpredictable French, who two months earlier would not permit him to appear at a charity performance on account of alleged Nazi activities, showered flowers on the stage, shouting "A I'Opera," meaning they wanted him to resume his ballet dii-ectlon there. TRIXIE FRI6ANZA 76 Trixie Friganza, former star of musical comedies on Broadway;, ob served her 7eth birthday at the .Sacred Mt'uri Academy, Pasadena v/herc she ha/i been confined by Startinji hfr !.tage raner in 1880, H'm i'riii)im» rctJmJ «iJt year» ago. Eagle-Lion Term Pacts 13-Yr.-01d Rich'd Tyler Richard Tyler, 13-year-old co-star in "Christopher Blake," the Moss Hart play at the Music Box, N. Y., was signed by Irving Lazar, Eagle-Lion veepee, to a term contract. Lazar, ex-MCA agent, who originally brought the youngster to Hart for the role, also owns a piece of the play. He was associated with Hart in all his activities, even before Capt. Lazar conceived the "Winged Victory" show, which Hart Wrote and produced for the Army Air Force, Sheppered Strudwick, co-starred with Martha Sleeper and Young Tyler, is already signed to 20th Fox. Strudwick has had his- schnoz bobbed recently. Miss Sleeper, of cour.se, is in and out of pix. Hoods Strip Gypola's Trailer While She's Doing Strip in Nitery Pittsburgh, Dec, 3. While she was doing likewise at the Club Belvedere, on Thanksgiv- ing morning, somebody .stripped Gypsy Ro.se Lee's trailer. Miss Lee reported to police that her rolling home was entered while .she was go^ ing through her act at the local nitery. -s A large motion picture camera, a smaller camera with telephoto lens and several hundred dollars worth of accessories were the loot. Actress uses the trailer to travel from one engagement to another. Another Thanksgiving morni"! also cost the Oasis, a suburban cafe, more than 15 cases of whisky and several big pork loins and file'*' Burglars broke every lock in th* place shortly after closing time, ana were very particular. They took only liquors Which are rationed in Fean- .sylvania, and didn't touch the un- rationcd rums and gins, Kurnitz on *Venu»* , Hollywood, Dec. 3, Deal for Harry Kurnitz to script "One Touch of Venus" for Pickford- Cowan productions will net the writer $60,000. In addition, Kurnitz is presently negotiating with Lester Cowan for another contract which will give him a percentage of the profits on the fllm. J. C. Stein Back From Extended So. Am. Trip Lew Wasserman, head of Coast operations for Music Corp. w America, came on to New York froi" Hollywood to meet Mr. and M«- J. C. Stein following the ML.^^ proxy's return from a 3',i rnonXM South American tour. Wasserman flew back last night and Stein re- mains in New York until the midoie of the month, catching up <>iV/^:,„ operational details. Mrs. Stem leaves Monday next (9), Stoppini! Kansas City to visit with fa"?"^' , Stein says that S. A. is a big po tential talent market for Ameiic.m talent of aU calibre but, of course, has to be; developed'and this w^> take some time. Trip was a <""' bination vacation and bu.-,incs.s ta ■ vey.--,- :■'