Boxoffice (Jul-Sep 1940)

Decree Pad Terms Tightened in Draft (Continued from page 12) of, then such award shall be modified accordmgly. (6) Unreasonably Withholding Prints. In booking prints for exhibition by exhibitors competing on the same run in the same exchange territory, the distributor shall not withhold delivery of prints available in the exchange from one exhibitor in order to give a competing exhibitor a prior playing date not provided for in its exhibition contract. It is recognized that distributors must be permitted discretion in the ordinary course of booking and distributing films in an exchange when too few prints are available in the exchange for the playing date desired by two or more theatres. In such cases this section shall have no application. Violations of this section shall be subject to arbitration and, if the arbitrator finds that the distributor has pursued a policy of withholding available prints in violation of this section, he shall enter an award directing the distributor to discontinue such policy. • 7) Remedy for Discrimination Against Independently Operated Theatres. Controversies arising upon a complaint by an independeiit exhibitor that subsequent to the commencemeiit of the method of selling set forth in sections 1, 2a and 2b hereof, a defendant distributor has arbitrarily refused to license its features for exhibition on the run requested by said exhibitor in one of said exhibitor’s theatres which was in existence or which replaced* a theatre in existence at the date of this decree shall be subject to arbitration. An independent exhibitor, as used in this section, is one wholly independent of any circuit of more than five theatres and not affiliated either by stock ownership, common buying or otherwise with a circuit of more than five theatres or with a buying combine or common buying agent negotiating for more than five theatres. Findings In any such arbitration no award shall be made against the distributor unless the arbitrator shall first find the following facts: (D — That the complainant is an independent exhibitor as defined in this section and that the theatre operated by him and specified in his complaint was in existence at the date of the decree or replaced such a theatre: (2) — That such refusal of the distributor continued during a period of not less than three successive months; (3) — That the distributor has during such period, licensed feature pictures requested by the complaining exhibitor on the run requested by him to a theatre which is a component of a circuit of not less than 15 theatres and which is in competition with the theatre specified in the exhibitor’s complaint; 1 4) — That the complainant’s theatre has not available to it feature pictures sufficient in nature and quantity to enable it *A replacement is a theatre which was erected in the same neighborhood as one which was destroyed or permanently abandoned as a theatre, for the purpose of succeeding to it.s patroiiaffe, the destroyed or abandoned theatre. If the replacing theatre has a seating capacity more than 25 per cent greater than that of the theatre replaced. it shall not be entitled to the benefits of this section. Plebiscite on Blocks Of Five Abandoned New York — A defense proposal that the country's exhibitors, affiliated and independent, submit to a poll to determine reaction to the consent decree provision for selling in blocks of five ’’never got beyond first base because there were too many complications," a first-line negotiator source declares. Although he would not qualify his remarks, he hinted the complications stemmed from objections over the manner in which it was proposed to conduct the poll. A time element was also a factor against it, in view of the belief three to four weeks might be consumed to finish the tabulations. VS - V to operate on the run requested by the complainant. ( 5 ) — That (a) — The complaining exhibitor has operated the theatre specified in his complaint subsequent to July 20, 1935 and prior to July 20, 1940, on the same run as or on an earlier run than that enjoyed by the circuit theatre specified in the complaint; or (b) — The complaining exhibitor has subsequent to July 20, 1935, and prior to (Continued on page 16) Decree Proposes Check On "Bootleg” Houses (Continued from page 9) prevail. Under arbitration procedure, whereby disputes involving discrimination against independently operated theatres are to be determined, the new draft omits the definition “procedure,” which appeared in the initial document. Portions of the old material employed in the definition of clearance are omitted in the new draft. There is further definition in clause four of the conditions under which pictures available on some run are to be subject to arbitration. The clause contains a number of new phrases not appearing in the old draft. Gets New Post New York — William Shelton, formerly with the RKO foreign department, has been named sales manager for French Cinema Center, Inc., Andre R. Heyman, president, making the appointment. 0 ■■■ ”I Love You Again" Will Please Hollywood — Here's a laugh-a-minute farce, broadly told and played with zest, and that seems certain to fit in with present audience tastes and desires. William Powell, married to Myrna Loy, portrays a small-town stuffed shirt whom she is planning to divorce. A blow on the head reveals he is an amnesia victim, however, and in reality, a smooth-talking confidence man. As such he falls in love with his wife all over again and wins her away from a rival. W. S. Van Dyke directed. — SPEAR. VI 14 BOXOFFICE August 10, 1940