Broadcasting Telecasting (Jan-Mar 1956)

ABC-TV NEGOTIATES FOR WARNER FILMS Network President Kintner has discussed purchase of production firm's pre-1950 library. No committment made yet. NEGOTIATIONS were in progress last week between ABC-TV and Warner Bros, concerning acquisition of the studio's vast library of motion pictures made before 1950. Whether the negotiations would result in an agreement appeared to be a moot question. ABC President Robert E. Kintner confirmed that "we've been talking with them" — Warner Bros, officials — for the past "couple of weeks." But he said it would be impossible to hazard a guess as to whether the two companies would come to terms. If Warner Bros, makes its product available for television — and the company has conceded before that it has been negotiating with various tv organizations — the move will mark another major break in the once-united motion picture front against television. Among other developments of recent weeks, the RKO Radio Pictures library of 740 feature films and 1,000 short subjects was sold to C&C Super Corp. for $15.2 million [B*T, Jan. 2]; Paramount Pictures' 1,600 short subjects library was sold to UM&M Tv. Corp. for around $3 million; Terrytoons Inc. (cartoons) was bought by CBS for about $3 million, and Columbia Pictures announced it would release 104 feature films for tv distribution by Screen Gems Inc., its subsidiary [B»T, Jan. 9]. Guild Sets Ad Budget Base GUILD FILMS Co., New York, has allocated $250,000 for advertising during 1956 and will raise this figure as new programs become available, it was announced last week by Monroe Mendelsohn, sales promotion director. In conjunction with this advertising effort, Mr. Mendelsohn said, Guild Films will offer new sales and merchandising aids to stations and sponsors. Skouras Crys 'Foul' "UNFAIR" tv competition is responsible for the motion picture industry not enjoying a "full share of prosperity," according to Spyros P. Skouras, president of 20th Century-Fox, who spoke at a New York demonstration of the Cinemascope 55 process. He said his company would spend $100 million this year in production, distribution and advertising of 34 films both in Cinemascope and the new 55 mm process (Cinemascope 55). Mr. Skouras also referred to Eidophor as another revolutionary process. Elaborating, officials of 20th Century-Fox said that engineers have been working on a process of projecting live color tv shows onto full-sized Cinemascope theatre screens, but doubted it would be available this year. TEXT OF NARTB FILM COMMITTEE'S RECOMMENDED STANDARD FILM CONTRACT NARTB's Film Committee has published the new uniform contract form for film purchases [B»T, Jan. 16] following two years of study and drafting. Headed by Harold P. See, KRON-TV San Francisco, the committee drew up a recommended contract form for voluntary use by distributors and stations. It may be used by all tv stations whether or not they are NARTB members. Text of the form follows: NARTB TELEVISION FILM COMMITTEE MOTION PICTURE EXHIBITION CONTRACT FOR TELEVISION (Name of Station) THIS AGREEMENT made this of , 195 , by and between (hereinafter referred to as "Lessor"), and , Licensee of Television Broadcast Station ; located in the State of , (here City of inafter referred to as 'Station"). First: Grant The Lessor hereby grants to the Station and the Station hereby accepts a limited license under the copyright of the motion picture (s) designated in the following schedule (hereinafter called the "Pictures"), and under any copyright covering any matter included in the sound recorded for reproduction in connection with the showing of the Pictures, to exhibit the Pictures and to reproduce such recorded sound over the facilities of the designated television station (and over the facilities of such additional stations as are enumerated in the schedule), for the number of broadcasts set forth in said schedule and for no other use or purpose. The license herein granted shall apply to the (16mm) productions of the Pictures only. Schedule Title Scheduled License Fee of Picture No. of No. of Broadcast Running Sustaining or Series Pictures Runs Date(s) Time Sponsored (35mm) ( ) re Other Stations Clearance Provisions and Broadcast Area: (If additional space required, attach sheet) Second: Term The term of this license shall start , 195 . . , 195 and end Third: Delivery The Lessor shall deliver to the Station, , a visual (prepaid) (collect) and aural reproduction of each Picture, as an individual unit, on reels in suitable containers, for exhibition as provided in the schedule. Delivery of such Picture upon the premises of the Station, or to an authorized agent of the Station, shall be deemed delivery by the Lessor to the Station. Delivery shall be made within at least (hours) (days) (exclusive of Sundays and holidays) before the scheduled broadcast, as specified above. Should delivery not be made within (hours) (days) of the scheduled broadcast date, Station will notify Lessor of such non-delivery. Shipment shall be via Fourth: Return The Station shall return to the Lessor, or forward to the Lessor's designee (as instructed by the Lessor) each Picture within (hours) (days) after the broadcast thereof (exclusive of Sundays and holidays) or as otherwise specified. Should the Station be unable to return the Picture within the time specified, it will promptly advise Lessor of this fact and the reasons therefor. Delivery of the Picture to the Lessor's premises or agent or to the premises or agent of the Lessor's designee, shall be deemed return by the Station to the Lessor. Shipment shall be via , and shall be (prepaid) (collect) The Station shall return each Picture in good condition, normal wear and tear excepted. For each linear foot of any Picture lost, stolen, destroyed or damaged between the time of the delivery by the Lessor and the time of return thereof by the Station, the Station shall pay to the Lessor, a sum equal to the actual laboratory cost of the replacement thereof, but not in excess of original cost, which payment, however, shall not transfer title in such Picture to the Station or any other party. Fifth: Payment of License Fees In consideration of the license herein granted, the Station shall pay the fixed sum(s) specified in the schedule as the license fee for each Picture either, not later than the tenth day of the month following (the actual play date) (the scheduled broadcast), or Payment by the Station of the consideration set forth therein and the return of the Picture to Lessor, as hereinbefore specified, shall be full performance under this Agreement. Sixth: other Provisions Other provisions of Agreement (if any): Seventh: General Provisions This Agreement may not be assigned by the Station without the written consent of the Lessor. This Agreement may not be altered or modified, except in writing. This Agreement, including the reverse side hereof, is completed and embraces the entire understanding between the parties, all prior understandings, either oral or written, having been merged herein. This Areement shall be construed under the laws of The waiver by either party of any breach or default by the other party may not be construed as a waiver of any other breach or default by such other party. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals this day of , 195 (Lessor) Address: (Street and Number) (Station) Address: (Street and Number) (City and State) (City and State) By: (Name and Title) By: (Name and Title) ADDITIONAL PROVISIONS A. Warranties The Lessor warrants and represents that it owns, or prior to the delivery of each of the Pictures included in the schedule, or any Picture substituted Page 32 January 30, 1956 Broadcasting Telecasting