Boxoffice (Jan-Mar 1962)

Giroux to Assist AA Dangers of N. Y. Censorship Bills Explained in MPAA Analysis NEW YORK — Three bills pending in the New York legislature in Albany would extend new controls of communications, including motion pictures, and are regarded as attacks on the freedom of expression by the Motion Picture Ass'n of America. Some observers are of the opinion that the enactment of the New York bills could influence similar measures in other states. FOUR POINTS EMPHASIZED In an analysis of the bills, the MPAA points out that the legislative packet, in the guise of protecting youth, would: • Broaden the authority of the state to prosecute newspapers if, for example, a person under 18 even so much as examined a newspaper with offending art or offending story. • Subject a motion picture to criminal prosecution even after it had been scrutinized and approved for exhibition in theatres by the existing New York censorship. • Make possible criminal prosecution of a publication reproducing recognized great masterpieces of art which some person might deem to be offensive. • Provide for criminal prosecution if a newspaper, radio or television station carried advertisements of alleged offensive material. Under proposed amendment to Section 1141 of the Obscenity Statute and the repeal of Section 542, distributors and exhibitors of motion pictures which had been approved and licensed by the New York censor would no longer be exempt or protected from criminal prosecution. According to the MPAA, distributors and exhibitors would be subject to criminal prosecution if they distributed for exhibition, exhibited or advertised for exhibition to a person under 18 years of age a film which (1) deals primarily with sex, (2) portrays, tells of or satirizes or advocates any illicit, promiscuous or unnatural sex act, practice or relations, or (3) shows “nude or semi-nude” figures (male or female) “posed in a licentious manner.” The MPAA asserts that prosecution could result even though the picture was not obscene in the accepted legal sense as defined by the courts. CHARGE BACK-DOOR ATTEMPTS The association charges that the proposed amendment and the repeal are backdoor attempts to impose sanctions in support of arbitrary classification of films as provided in a proposed amendment to the motion picture censorship statute. An identical amendment to classify films was defeated in the last legislative session, but it was not accompanied by this year’s proposals for criminal prosecution. According to the MPAA, the classification amendment would give New York censors new powers to designate pictures acceptable for exhibition to elementary and secondary school students. No picture would be acceptable which portrayed nudity, sexual relationships, violence, horror, brutality, crime, delinquency, drug addiction or disrespect for duly constituted authority. While the classification amendment itself may carry no sanctions, there Censor Penalties Invalid, Seattle Court Rules Seattle — In dismissing a charge against Robert S. Johnson, operator of the Gramercy Playhouse, for showing the film, “Erotica,” Judge Frank D. James ruled the criminal penalties of the city’s motion picture censorship ordinance as unconstitutional. The terms of the ordinance were incapable of clear definition of crime, William Dwyer, Johnson’s attorney, had argued. Judge James explained that such general ordinances help to curtail free speech by “threatening” the possibility of criminal prosecution, basing his opinion on Supreme Court rulings. He also found that the city’s ordinances failed to require proof of “guilty knowledge” on the part of an operator of a film’s content. No ruling was made by the judge on what he termed the “challenging” and most difficult question of whether the film was obscene. Such a decision was unnecessary since his finding that the ordinance was unconstitutional. The City of Seattle had not yet determined whether to appeal the decision, according to Arthur T. Lane, assistant corporation counsel. is a device that accomplishes that end, the MPAA states. If an undesignated picture is shown to anyone under 18, then the proposed amendment to the obscenity statute comes into action and the exhibitor and the distributor would be subject to criminal punishment. As the MPAA puts it: "In this Alice in Wonderland situation, the New York censor board may pass a picture to show in theatres, while another agency of the state may step in to punish the same film the censor approves.” Skouras Drive Nears Goal At the Half-Way Mark NEW YORK — The Spyros P. Skouras 20th Anniversary Drive has reached the half-way mark and, according to Martin Moskowitz, drive captain, the goals of the campaign will be achieved. Moskowitz said many of the 20th Century-Fox exchanges were above their quotas and that those branches not in that group were increasing their deliveries week after week. He said his confidence was due to the fact that the company’s exchanges had reported unusual circumstances. Many of them, he said, were seven days behind in the preparation of confirmations because of the unprecedented number of bookings. He said other offices, since the first of the year, had increased their bookings at least 25 per cent each successive week of the drive and the increase had been even greater in the last few weeks. The drive ends March 31. In Furthering Program NEW YORK— Whether or not Claude Giroux takes an active role as an officer of Allied Artists, he will, nevertheless, provide counsel and finances to amplify the company’s production program, it was reported last week. Giroux, president of D. Kaltman & Co., drug distributing film, and the biggest individual stockholder in Allied Artists, has been conferring with Steve Broidy, AA president, on the coast on operations and activities of the company and the meetings will continue, it was reported. No immediate action on Giroux’s acquisition of control is expected for a few weeks. A spokesman for Giroux said there would be a “relaxed period,” during which plans will be formulated with possible control acquisition in mind. It was said that Giroux would like to make AA a “better company” and that he desired to give it the help it needed. On the other hand, it was learned that present management was enthusiastic over current and forthcoming product which loomed as strong boxoffice fare and that outside help might not be needed. Last week, Giroux issued a brief statement which, while not clarifying, at least indicated that he still was interested in the company. It read: “I have spent the last several days in discussions with Steve Broidy, president of Allied Artists, concerning the operations and activities of the company. We discussed the production and distribution activities as well as the television activities and future plans. There was a full agreement on the advisability of pursuing this program.” Giroux, however, did not elaborate on what he meant by “this” program. 'Preview Records' Service To Be Provided by NSS NEW YORK — “Preview Records,” a new in-theatre advertising service has been introduced by National Screen Service. The records are seven-and-a-half inch vinylite discs, recorded at 33 V3 revolutions per minute. Joseph Bellfort, NSS sales manager, said the service was designed to provide an audio plug for a forthcoming picture during intermissions. They also can be used before the show or while patrons are making their exits. They contain music from the motion picture which is being advertised, with voices of one or more of the star's, plus an announcer who provides a commercial pitch for the film. There also is a strong plug for the refreshment stand. One side of the record has a five-minute announcement; the other side a two-and-ahalf-minute plug. The five-minute side can be used for the start of an intermission, the other side for the closing. Similarly, both sides provide variations for periods when the screen is blank for short exiting intermissions. Bellfort said there would be a flat weekly rental price of $1.50 per record, per week. Currently, “Preview Records” are available on United Artists’ “Sergeants 3,” MGM’s “Horizontal Lieutenant,” 20th Century-Fox’s “Adventures of a Young Man” and American International’s “Tales of Terror.” 8 BOXOFFICE :: February 19, 1962