Screen Guilds Magazine (July 1934)

THE SCREEN WRITERS’ MAGAZINE Exile’s Notes (Continued from Page 5) Screen Writers’ Guild. The Guild has been admirably restrained and conser¬ vative in pressing its demands for writer representation. I am heartily in acord with this policy; while I feel that the months of delay in carrying out the collective bargaining provisions of the motion picture code are shock¬ ing and inexcusable, I am nevertheless convinced that the Guild’s rights under these provisions are recognized and will be respected. But it must also be realized that the Screen Writers’ Guild stands ready to INSIST on this recognition and re¬ spect. While our procedure is courte¬ ous and reasonable, we must rigorously stick to our long-term policy: uniform contracts, the function of the Guild as the sole representative of writers, the right of the Guild to protect its mem¬ bers in all disputes and to enforce its decisions, and—last but not least— the closed shop. Curiously enough, I started to write an informal letter, and I find myself launched on a political speech. I should probably had been wiser if I had adhered to my own modest statement that it is presumptuous for me to dis¬ cuss the Guild from such a distance. My only excuse lies in my continued and impassioned interest in the fate of the organization. The Guild’s progress has been steady and important; so far its accomplishments have not been spectacular. But it seems to me that the greatness of the Guild’s destiny is clear and must be apparent to every writer: it will play a vital role in chang¬ ing and strengthening the writer’s position in the industry; it will correct present abuses and, in doing so, will give the motion picture writer the chance for honest creative work which he deserves. The Guild has accomplish¬ ed a lot; but a good deal of the struggle lies ahead. I hope I shall be able to take an active part in it. You Can’t Have Everything (Continued from Page 16) Some of these honest individualists in the early days of the Guild have al¬ ready discovered that the individualist is lost in a machine that is so highly organized as the picture industry. For the writer to keep alive those states of freedom which are important to him, he will find that sooner or later he will have to give up less important liberties to the processes of concerted social action. COLUMBIA Theft of A Title T by Jimothy Ocean HE scribes in the new writers’ building have often been tempted to jump over their pretty railing and dash what was left of their brains in the garden below. Therefore, it is not sur¬ prising that Ethel Hill, arriving early at the studio the other morning, was startled by the gruesome discovery of a graveyard set erected in the patio overnight, just outside her office. “Think nothing of it,’’ cracked Everett Riskin, the roaming supervisor, “it’s just some writer who used to work here.’’ After a mouse threw the stenogra¬ phic department in a panic, the writers came to their rescue with two thor¬ oughbred Cocker Spaniels, BUCKY and RISKY, named after their proud fath¬ ers, Sidney Buchman and Bob Riskin. Jo Swerling returned from his New York vacation and startled the studio with a delicate sea-green sweater which makes him look like a robust mermaid. Trust the writers to discover the best place to recover from a hangover with¬ out being disturbed—the studio hos¬ pital. Judith Kandel, just arrived on the lot, is terribly lonesome for her fam¬ ily. But her 7-year-old son manages to cheer her up with amusing correspon¬ dence. Bill Parker believed Harry Cohn was a myth. Although he worked at Co¬ lumbia, he never had seen or heard its president. But when Charlie Beahan finally introduced them, Bill was dis¬ concerted to discover that Harry Cohn not only remembered meeting him be¬ fore but could tell him just where and when. And while we’re on the subject of Bill Parker, he startled a pretty girl he thought he knew by addressing her fa¬ miliarly as darling. But, realizing his mistake, he added “Sorry, right face, wrong girl.” (Continued on Page 23) (Continued from Page 2) sor of a new magazine advertised its title in a number of publications. One of the publications in which it was advertised, before issuance of the new magazine, started a magazine of its own under the same name. The Court refused relief. The cases applying this theory, how¬ ever, are not numerous, and we believe that properly presented a different re¬ sult may be reached when the question of protection of an unpublished work arises in California. The doors have not been closed by the decisions of this state. The basis of the law of unfair com¬ petition rests not only on deception of the public, but on the fraudulent pur¬ pose and conduct of the defendant and the injury to the plaintiff caused thereby. It is the failure to emphasize the latter basis which has caused the imperfect protection by equity of the title of unpublished works. The law of fair competition goes far beyond legal rights. Even where there is no property right involved, as in the case of news, the courts will protect against unfair tactics. (See Interna¬ tional News Service v. Associated Press, 248 U. S. 25, 63 Law. Ed. 211). In its essence the law of fair competi¬ tion is the law of fair play. Where outright piracy is proved, or where it is shown that defendant plans to take advantage of a forthcoming publication of plaintiff, the law should protect even an unpublished title. The California cases recognize the fraud basis as well as the deception of the public theory of unfair competition. There is no controlling precedent in this state. If the case is properly pre¬ sented when it arises, California may well lead the way to a more perfect protection for the author’s title. ® Our steady growth during the depression is an indication of our dependability . . . IN HOLLYWOOD IT IS TALMADCE JONES - - FLOWERS CRanite 2911 8008 SUNSET BOULEVARD [ 22 ]