Canadian Moving Picture Digest (May 1924-Apr 1925)

~~ Page Eight While this spirit pervades the ranks of the producers and distributors and a certain type of stars, percentage booking is certain by its dangers to invite disaster. I have now indicated to the best of my ability some of the ailments from wh'ch the theatre owner and the industry generally is suffering. The symptoms were plain and easily discovered. In my concluding articles I shall endeavor to indicate such changes and remedies as may seem worthy of serious consideration. THE WAY OUT [* my preceding articles I have endeavored to. trace, in the rather sketchy way, permitted in series of this scope, the reasons which now prevent the theatre owner from occupying his proper place in the Sun. I have pointed out his utterly insignificant beginnings of a score of years ago—his absolute subservience to the filin renter; the strangle hold on his bus‘ness liberty which the producerdistributor-exhibitor seeks to gain by virtue of unclean and unethical competition. Wild cat financing has been dwelt upon lightly; and I have tried to. touch upon all the major evils besetting the most patient and long suffering (and if he but knew it—the most powerful) factor in this great and steadily growing industry of ours. As the theatre owner of long and practical experience, I am attempting to show the WAY OUT to my fellow theatre owners. While I have outlined in’ my previous articles some of the ills and ailments from which the theatre owner is suffering, I am now pointing out some of the cures that can be effected without the use of ether or a surgeon’s knife. We know that the business relationship between producer and distributor on the one hand and the theatre owner on the other is shaped and determined in a fundamental way by business agreement or contracts. That is why I propose to touch upon this important cure first of all. WANTED: A SIMPLE AND EQUITABLE CONTRACT T would be a great relief to theatre owners everywhere to have all contracts reduced to plain terms which the average man can understand without rushing to a lawyer or fumb CANADIAN MOVING PICTURE DIGEST THE EXHIBITOR’S PLACE IN THE SUN By SYDNEY S. COHEN — Reprinted from the “ Exhibitors’ Herald” . (Continued from issue of Feb. 21st) ling in the pages of a legal dictionary. A. ccntract should. consist of the simplest possible terms in the most understandable language. It is quite possible to prepare a contract which states in plain English the rights and obligations of both parties. On this point producers on the one hand and theatre owners on the other should get together at the earliest possible moment. ‘There has been an awful lot of talk, too much, perhaps, about sit-. ting around a “square” table. Simplicity and good faith in contracts would move a_ hundred stumbling blocks out of the way with the swiftness and thoroughness of dynamite. I am of the opinion that if those producers and distributors who are members of the Motion Picture Producers and Distributors of America, Inc., of which Mr. Will Hays is president, would vest more power and authority on him, that a fairer and more equitable contract would be soon consummated. He has been in the industry now long enough to learn what it is all about, and I believe he would like to see the theatre owners secure such a contract. Those producers and distributors, national and state rights, who are not members of the organization, not only ought to emulate the example of their c°mpetitors in the granting of a simple and equitable contract but go a few steps forward. While they may not be able to compete with some of these companies in the merchandising of their pictures and are deprived of a large number of key city first runs, they surely can compete with them in service, business consideration and courtesy for the theatre owners, gathering for themselves assets of good will. The first step in this direction is the putting into operation for the next business season the most simplified contract possible. The excess phraseology and verbiage in the present contract should be eliminated and in its place there should be a simple purchase and sale agreement between the buyer and seller, with a provision for arbitration on a really mutual basis. The arrange ment for arbitration should provide ‘ one further step than exists today, i. e., devising of a court of appeals from which appeals can be made from any regional or exchange center by either side. In so far as the theatre owner is concerned, my thought in this regard is to afford the independent theatre owner in zones or territoriesprotection from an “‘arbitration board,” the exhibitor member of which may be a producer-owned theatre manager or someone under financial obligation or committment. to a producer, or to prevent undue in. fluence or threat of reprisals being made against any exhib’tor-member of a local arbitration board, as has been charged by exhib‘tors in different parts of the country. The immediate effect of. such mutual accommodation would mean’ progress all along the line. It would create an atmosphere of respect without which no satisfactory business can ever be done. Following the plan | have outlined, all this rankling animosity would disappear and it would lead to a_ better business relationship and a more profitable one, and would help towards bringing about the essential requirements of making cvery play date a: pay date. The lack of confidence from the very inception of the negotiaticns under present conditions, results very often in a disregard of contractural relations. FAIR DEALING REQUIRED F fairness in business dealings is not voluntarily forthcoming from the various producers and distributors, it can be forced by the independent theatre owners, if they but use their latent and inherent power, to demand and deserve respect. As things ‘stand now, even in this somewhat enlightened era of the motion picture, the attitude of the big distributor is little changed from that of the little film renter of a decade or two ago—his primary impulse is to e “how much can I take this guy over for.” His favorite boast to his chief, be he salesman or exchange manager, is “I took: Blank of the Blank theatre like Grant took Richmond.” And the saddest aspect of this is that Blank Jet him (the seller) “take” him (the buyer), either because he felt powerless in the matter after long years of struggle against “big interests” in our industry, or because of the stifling competition of one of the triple headed monsters— the producer-distributorexhibitor organizations. I have said that fairness in business dealings can be forced. Of course, I say this qualifiedly, and it can be forced in this way. Let every one of your play dates work for you. Don’t let them play “hookey’ and = don't give them away. Give the most careful consideration to the days contained in the 52 weeks of each fiscal year, and plan to use each of them to the very best advantage of YOUR THEATRE. (To be continued) Before Buying Pictures Read The Digest Advertising Pages. Google