Boxoffice (Oct-Dec 1961)

D of J Seeks Reversal Of TV Blockbooking WASHINGTON— The United States Supreme Coiu’t was asked this week to reverse a federal district court verdict on blockbooking of theatrical films sold to television. The Department of Justice asked for a reversal on the grounds that a decree handed down in New York would open the way for a return of blockbooking in other industries, presumably including the film industry. On the other hand, Loew’s Inc., United Artists, Screen Gems and Associated Artists in a combined brief, and C. & C. Super Corp., in a separate action, called for a reversal on the contention that the lower court had erred in basing many of its findings on the issues involved in the Paramount motion picture industry antitimst case. The complaint of the Justice Department is that while the lower court properly held that blockbooking was in violation of the antitrust laws, it erred in approving “temporary” refusal of a distributor to deal for individual pictures with one station while trying to sell its total package to a competitive station. The government claimed that refusal to split a package for one station until it is clear that another station will not buy the package “has the patent intent and effect of coercing a block purchase.” This is violation of the Paramount decision and decrees, the government said. The distributors, however, pointed out that in the film industry case, features were the sole product of a theatre owner and that quality and the release time element were important factors which placed the producers and distributors in a monopoly position. In selling to TV, it was claimed, features comprise only three to eight per cent of total air time, that more than 10,000 pictures are available for stations and that there exists a fierce competition both between distributors and between feature films and other forms of airtime entertainment. Thus, the situation in the TV industry today and conditions as they existed in the film industry when the Paramount case was argued in the courts present entirely a different set of standards by which to judge the selling practices, the Supreme Court was told. Martin Jurow to Testify In Talent Agency Probe HOLLYWOOD— Martin Jurow, president of Famous Artists, was the first witness to be subpenaed to appear before a special federal grand jury inquiring into possible violations of antitrust laws by talent agencies. The investigation is expected to take four months and to climax a three-year probe of picture and television talent repI’esentatives by the Department of Justice. Among those who reportedly will be among the estimated 150 witnesses are Danny Kaye, Cary Grant, Dan O’Herlihy, Guy della Cioppa (CBS vice-president), and talent agency toppers Frank Cooper and William Shiffrin. Fifteen men and eight women have been sworn in as members of the special jury by U.S. District Judge Peirson M. Hall. Los Angeles Newspapers Boost Holiday Films These two pages, from the Los Angeles Examiner (right) and the Los Angeles Times, are examples of the expansive promotional assistance given to exhibitors in the area to promote the season’s product. LOS ANGELES — Spreads on the coming holiday season of new film product appeared in all four metropolitan Los Angeles newspapers — Times, Examiner, HeraldExpress and Mirror on Friday (17). Also the Hollywood Citizen-News, Beverly Hills Citizen and Valley Times Today carried the special salute to the film industry. Nine production companies — Allied Artists, Columbia, Walt Disney, MetroGoldwyn-Mayer, Paramount, 20th Century-Fox, United Artists, Universal-International and Warner Bros. — and 26 pictures were mentioned in art and stories, with the slogan, “Holiday Movie Season Is Here Again.” Among pictures pictorially represented were “El Cid,” “Advise and Consent,” “Babes in Toyland,” “Bachelor in Paradise,” “Summer and Smoke,” “Blue Hawaii,” “The Second Time Around,” "West Side Story,” “Judgment at Nuremberg,” “A Pocketful of Miracles,” “Flower Drum Song,” “The Outsider,” “A Majority of One” and “The Roman Spring of Mrs. Stone.” Pete Latsis of National Theatres & Television, Inc., and Jack Case of Pacific Drive-In Theatres worked with studio publicity directors in compiling the material and coordinating the assignment with the newspapers. Both circuits are also following through in arranging for similar breaks in numerous other cities and towns where they operate theatres and drive-ins. New 20th-Fox Exchange Office in Indianapolis INDIANAPOLIS — Twentieth CenturyFox will open its remodeled exchange office November 27, according to Clarence Hill, manager of branch operations. The new branch office will have space for a shopping and inspection room and a storage vault for prints. Sales and booking offices have been refurnished with a modern decor, Verne Fletcher, Indianapolis branch manager, reported. Sues Over 'World' Title HOLLYWOOD — Superior Court action was brought by Metro-Goldwyn-Mayer and Cinerama against Monte Lee (Monte Lee Enterprises) and Nosseck-Denwitt Productions over use of a title similar to “The Wonderful World of the Brothers Grimm.” The suit asked for an injunction and damages on a charge of unfair competition. The hearing will be held today (27). “Wonderful World” is said to be the tag used by the defendants in connection with their picture “Grimm’s Fairy Tales.” Herb McIntyre Named Four Crown Executive . LOS ANGELES — Former RKO western division manager Herb McIntyre has joined Fred Gebhardt’s Four Crown Productions as vice-president in charge of distribution. The first release will be “The Phantom Planet,” produced by Four Crown, in tandem with Italian import, “Assignment Outer Space.” The duo has been set for the Fox California in San Diego and the Big Sky Drive-In in Chula Vista December 13. In addition the films will have saturation booking in 35 hardtops and drive-ins in southern California starting January 24. Doris Day Autobiography HOLLYWOOD — Random House book publishers have optioned the book-length autobiography of Doris Day, which the motion picture star is presently in the process of writing. The book will be completed by next spring and, according to the actress, will cover her childhood through years as a band vocalist to film stardom. BOXOFFICE November 27, 1961 7