Boxoffice (Jan-Mar 1941)

Rebuttal in Flynn's Suit of Publisher New York — Court news of the week found the most important development being a rebuttal by Harcourt, Brace, Quinn and Boden, publishers, and Constancia de la Mora, authoress, to Errol Flynn’s $2,000,000 libel suit in which actor claimed Miss de la Mora’s book, “In Place of Splendor,” used the suffering of the Spanish people during the Civil war to gain publicity for himself. The defendants pleaded an affirmative defense holding Flynn was supposedly wounded at the front while he was miles away from action, and cited stories carried by the American news services at the time to prove what was said in the book was true and not libel. Application of Clara Dellar and Robert Louis Shayon to reopen an examination before trial of Samuel Goldwyn in connection with a $1,000,000 suit against the producer, Eddie Cantor and United Artists has been denied by federal judge Murray Hulbert. Suit claims the plaintiff’s play, “Oh Shah,” was plagiarised in “Roman Scandals.” Settle "Hired Wife" Suit Producers Laboratories discontinued and settled out of court an action against Universal, Universal Film Exchanges, Big “U” Film Corp., and the Roxy Theatre. The action claimed Universal’s “Hired Wife” was an infringement of the title of its picture, “A Hired Wife.” An injunction, accounting of profits and damages had been sought. 20th-Fox, answering a suit by Eleanor Harris, authoress of the original on which “Brigham Young” was based, claimed Miss Harris was not entitled to more screen credit than she received, due to the fact she sold the story to 20th-Fox for $1,000, and was employed to work on the screen play at $75 weekly. The authoress seeks damages of $50,000, claiming Louis Bromfield was given screen credit while all she received was “story research” mention. She will be examined before trial in federal court by the film company. Suit of Katherine Moog against Warner started trial in the federal court. Action seeks $75,000 damages for alleged libel in “Confessions of a Nazi Spy.” Plaintiff claims the part played by Lya Lys in the film was meant to represent her. Max Weingarten and Michael M. Wyngate lost a plea for temporary injunction pending trial against Eureka Productions’ distribution of “Ecstasy,” but Supreme Court Justice Louis A. Valente ordered start of trial of the action for next week. The plaintiffs claim to have acquired the second five-year rights to the film in America from the producers. Also that Eureka’s rights expired in October, 1939. Damages of $100,000 are sought for failure to turn over prints and negatives. Defendant claims it still owns the rights. Other defendants are Samuel Cummins, Rose Chatkin, and Jacques Koerpal. Russell Goldman has filed a supreme court action against Harry Gordon and Samuel K. Lackoff claiming the defendants, employes of his during 1938-40, failed to turn over a patent developed while in his employ for a projection ma Indict Three for Illegal Tralticking in Films New York — The U. S. attorney’s office has handed up a sealed indictment charging three men with illegal traffic in films and stating the defendants rented stolen or surreptitiously acquired pictures to sell to churches, schools and charitable institutions which were under the impression the defendants had leased them legally. Defendants are Louis Colasuono, known as L. D. Colson, heading Colson Motion Picture Service, Bronx; Antonio Cardillo, his alleged partner, and Sol Jaffe, a photographic technician and head of Movielab Film Labs, of 1600 Broadway. Films involved are M-G-M’s “Ben Hur,” 20th Century Fox’s “The Littlest Rebel” and “A Connecticut Yankee,” Warner Bros.’ “Dinky,” and Sunray Films, Inc.’s “The Little Flower of Jesus.” Defendants are accused of having acquired 35mm prints and reduced them to 16mm, which were then sold. Under the indictment they can be fined $11,000 and sentenced to three years each. The investigation came about as a result of protests from major film companies who complained that many prints were being stolen. Over 50,000 prints are exhibited daily in 17,000 theatres. This is the first case of its kind in the history of Southern District of N. Y. Million by Fleischer lor "Mr. Bug Goes to Town" New York — The Max Fleischer studio in Miami is working on what Paramount, the cartoonist’s distributor, is pleased to characterize as the “first solidly dramatic modem story of today in feature length cartoon form.” It is supposed to be a $1,000,000 production and the story is “Mr. Bug Goes to Town.” It is for fall release. The story is an original depicting the fight for life by a community of little people who live in a weedy patch of earth 45 inches from Broadway. The story will be told from the insects’ point of view, with humans appearing only as the insects see them. Parry "Kane" Questions New York — “Citizen Kane” will be released by RKO on February 28, according to current plans. Questions relating to the picture are met with a blank gaze at the home office. chine. He seeks to have defendants turn it over. A counter action for $10,000 damages has been filed stating the defendants had been promised a one-third interest in anything they developed and that Goldman is seeking to deprive them of the interest. Supreme Court Justice Aaron J. Levy, refusing to dismiss Leonard Goldstein’s $25,000 suit against Mervyn LeRoy, declared that triable issues exist. Action claims LeRoy persuaded Goldstein to drop a suit against Kenny Baker and to turn over the actor’s managerial contract to him, promising compensation which was not forthcoming. The producer claims Goldstein had no agent’s license when he signed Baker. Nearly Million to Operate Archives Washington — Funds aggregating $993,340 are provided for operation of the National Archives during the coming fiscal year in the first appropriation bill to be taken up by Congress. The appropriation was for the full amount recommended by the budget, and an increase of $60,480 over that for the current fiscal year. Testifying before the House appropriations committee on the activities of the National Archives, R. D. W. Connor, archivist, reported that during the last fiscal year a total of 2,272,000 feet of motion picture film was deposited, giving a total of 4,352,000 feet. While 3,800,000 feet of this total came from government agencies, 522,000 feet was acquired from private sources, much of it in the form of news reels, Connor explained. Included in the pictures received was the March of Time film, “The Ramparts We Watch,” a great deal of which was composed of films in the custody of the Archives. Aid Defense Commission The films now on deposit are serving an important practical purpose, the archivist revealed, the National Defense Advisory Commission being interested in films of the World War period and calling for an average of five showings a week of such pictures. One of the most important problems confronting the Archives is the preservation of pictures, Connor said. About 85 per cent of the film received is on nitrate base, which constitutes a fire hazard and has a comparatively short life — about 25 years for the average picture. The Archives is anxious to transfer these pictures to acetate base film, particularly as the vault capacity for nitrate film is practically exhausted and new vaults will have to be provided if acetate film cannot be used. Need to Duplicate Connor explained that it will also be necessary to duplicate much film which now is in bad condition. Some of the pictures cannot be projected because of deterioration. At the same time, the Archives have much negative film of which copies must be made before it can be projected. At the present time an optical printer is being made, which will cost about $4,500 as compared with $15,000 if bought in the open market, and a step printer will be made this year, so that the work of copying films can be started in the near future. To Make Yiddish Films Hollywood — Louis Weiss and Sam Rosen have formed Hollywood Yiddish Film Corp. and will produce four features. The first will star Moishe Oysher and shooting will start in February. Release of the initial effort is expected to coincide with the Passover holidays. RKO Sells Parkway New York — RKO has sold the Parkway, Mt. Vernon, to an independent exhibitor. 26-D BOXOFFICE :: February 8, 1941