Boxoffice (Apr-Jun 1939)

Leibeskind Appraises The S. A. Market New York — A realistic appraisal of South America is made by Nat Leibeskind, RKO’s general manager for Argentina, as he brings home a few issues which contrast sharply with the recent praise showered on that market. Leibeskind, who also has charge of Brazil, Chile, Uruguay, Paraguay, Peru and Bolivia, urges a revision of selling methods by distributors as a means of combating the spread of multiple programs. Exhibitors buy pictures at fixed rentals with the price of admission determining the runs. As a result, he says, it is no surprise when the same three pictures are shown day-and-date in three different situations. More pictures should be sold on percentage, Leibeskind feels. On this score, he thinks the formation of a distributors’ group under a Hays office man would go a long way in clearing up the situation. Another point on which Leibeskind takes issue is the number of “B” pictures shipped into the South American market. He states frankly in suburban spots filmgoers prefer Spanish pictures to mediocre Hollywood product, and the companies already have yielded 50 per cent of the playing time to national competition. Nor does he think the South American market will ever compensate for the loss of the European. Leibeskind asserts the companies are working hard at it but American executives are doing no good with their enthusiastic statements. They are giving it too much importance, he concludes. "Roman Scandals " Case Back to Federal Court New York — The circuit court of appeals has reversed a decision made July 7, 1938, by Federal Judge John M. Woolsey, who dismissed the $1,000,000 suit by Clara Dellar and Robert Louis Shayon against Samuel Goldwyn, Inc., Samuel Goldwyn, Eddie Cantor and United Artists charging infringement of “Oh Shah!” in “Roman Scandals.” An injunction and an accounting of the profits had been asked. Woolsey’s decision, as handed down, found no infringement and the action was dismissed. The circuit court discovered that Judge Woolsey never saw the film and that there is no proof the continuity corresponded with the original text. For this reason the decision dismissing the complaint was reversed and the suit goes back to federal court for re-trial. To Talk ' Snow White' Deal With Soviet Interests New York — Reginald Armour, Continental European RKO manager, plans to visit Russia in the fall with the purpose of selling “Snow White and the Seven Dwarfs” to the Soviet. The price offered by Russia has been too low so far, according to Armour. . REVIEW FLASHES * MUTINY ON THE BLACKHAWK (Univ) — A curious combination of rousing sea melodrama and an outdoor western. Action is stressed as the film occupies itself with slave running in the South Seas, winding up with the boatload of mutineers helping the inhabitants of a California settlement repel the Mexicans. Richard Arlen heads the cast as the government agent. Christy Cabanne directed. TEXAS WILDCATS (Victory) — Lots of action for the Tim McCoy fans as he rides the plains to avenge the death of his partner by a wealthy rancher. It shapes up as adequate dual fare for the subsequent spots. Sam Newfield directed. COMPLETE REVIEWS on the above : pictures will appear in an early issue Of BOXOFFICE. Exhibitors Ready to Fight Ticket Tax Albany — Exhibitors are prepared to organize campaigns against attempts by cities launching low-rent housing and slum clearance programs, under legislation just signed by Governor Lehman, to impose a theatre ticket tax. The latter is one of the levies specifically authorized for municipalities. The maximum rate is fixed at one cent on each admission charge not in excess of 50 cents per person, exclusive of other taxes, two cents for admission not in excess of one dollar, and up to ten cents on charges in excess of two dollars. The new law provides that in order to incur indebtedness in excess of the limitations provided by the constitution, cities sponsoring these types of housing programs may levy a tax on tickets of admission to places of public exhibition, amusement or entertainment, telephones, occupancy, vending machines, etc. The statute, enacted to implement the low-rent housing constitutional amendment approved by the voters last fall, authorizes the State to start a $150,000,000 program, through loans to municipalities or Housing Authorities, with not more than $50,000,000 to be spent in the next fiscal year. The State also may enter into agreements for subsidies. These shall not exceed $1,000,000 a year, with not more than $250,000 to be expended during the next 12 months. New York City is probably the point where the threat of a theatre tax is greatest. Exhibitor leaders expressed the opinion during recent visits to Albany that they could defeat an attempt to levy the tax there. Political observers were not so sanguine. Press Preview for Industry Exhibil Hollywood — “Land of Liberty,” assembled to serve as the motion picture industry’s exhibit at the Golden Gate International Exposition, San Francisco, and the New York World’s Fair, was given a press preview, the only Hollywood presentation it will have. The picture will not be shown in theatres; its exhibition is to be restricted to the two fairs. The feature, which in its present length runs for 140 minutes, is an engrossing cavalcade of American history during the past 150 years. Utilizing sequences from 124 features and short subjects produced during the past 25 years along with hundreds of clips from newsreel and stock material, the presentation is so masterfully edited and narrated that it possesses a surprising continuity of story. For film fans, in fact, anyone interested in America, it will prove splendid and educational entertainment, an achievement to which the entire industry may point with pride. Veteran Producer-Director Cecil B. DeMille, assisted by Herbert L. Moulton, William H. Pine and Francis S. Harmon, is credited with assembling and editing. James T. Shotwell served as historical consultant and the narration was written by Jeanie Macpherson and Jesse L. Lasky jr. Fifty-three producing and distributing companies are listed as having made available the wide variety of material from which the footage was selected, while a partial list of the players who appeared therein reads like a Hollywood who’s who — past and present. The project was carried forward under the auspices of the Hays organization. — SPEAR. Levinson Sues Europa For Contract Breach New York — Michael J. Levinson has filed a supreme court action against Europa Cinemas, charging breach of a contract made June 7, 1938, whereby Europa agreed to exhibit Levinson’s picture, “The Lash of the Penitentes,” at the Europa (now the Studio) in Philadelphia. Due to failure to secure a first run at the Europa, many subsequent runs were lost, is the charge. Damages and all profits of the Europa for December, 1938, the month set for the exhibition, are asked. Europa, for their defense, admit the breach of contract, but state certain conditions relating to censorship of the picture, caused canceling the date. Brooklyn Folly's Action May Get Dismissal Bid New York — Attorneys for distributor defendants in the anti-trust action brought by operators of the Folly, Brooklyn, who sold the plaintiff pictures are expected to move for dismissal on the ground the Folly has failed to state a cause of action. According to the complaint, RKO and Loew’s are the only distributors that failed to supply the plaintiff product. 30-H BOXOFFICE June 17, 1939