Canadian Film Weekly (Sep 11, 1946)

September 11, 1546 Canadian FILM WEEKLY Nhe Kighteenth Clause The New Clause F THIS contract calls for | ease of any part computed upon the Exhibitor’s gross receipts, such payment or part thereof shall be made daily, together with a correct itemized statement. of the gross receipts of said theatre for admission thereto upon the exhibition date or dates of each motion picture for which payment is so required to be made; and Exhibitor shall also furnish immediately after the conclusion of the engagement of each such motion picture a recapitulating statement and together pay to Distributor any amount due in connection with such engagement. All such statements shall show the number of admissions at the respective admission prices charged at each performance, and the number of free admissions, and shall be signed by Exhibitor’s cashier and countersigned by Exhibitor or the manager of the theatre. Should Distributor so require, such itemized statements shall be made upon forms furnished by Distributor. At all times upon date or dates Distributor is hereby given the right to have its authorized representatives at said theatre to check the sale of tickets of admission to and persons entering the theatre and all receipts therefrom. Exhibitor agrees that such representatives shall for such purpose have free access to all parts of the theatre and theatre premises, including the boxoffice, and the right to examine any and all ticket machines and/or devices and all tickets and stubs; and shall also have the right to examine all entries in all of Exhibitor’s books and records pertaining to gross receipts of each such motion picture at said theatre. Distributor is also hereby given the right to audit all of Exhibitor’s books and records at any time after the conclusion of the engagement of any such motion picture, and for such purpose Distributor by its authorized representatives shall be given access to the theatre, including the boxoffice, and/or other places where such books and records are kept. It is expressly understood and agreed that Exhibitor’s books and records shall show, among other items, the number of admissions and gross receipts at each separate performance during the engagement of any such motion picture—matinee, evening and any other performances; and further agreed that if Exhibitor’s operating expense is an element in the computation of the amount payable to Distributor hereunder the Exhibitors Say That Its Revision Gives Distributors More and Greater Power Than Ever rightisherein granted Distributor to audit Exhibitor’s books and records relating to Exhibitor’s operating expenses. It is further agreed that in computing Exhibitor’s operating expenses any and all income (such as amounts payable to Exhibitor from renting and/or sub-renting space in the building where the Exhibitor’s theatre is located and jor for screen advertising of any kind on the screen, in ‘the theatres, etc.) during the period of the engagement of any motion picture on a participating basis shall be deducted from Exhibitor’s operating expense. . It is further agreed that all sums of money accruing to Distributor hereunder as its shares of any engagement of a motion picture on a participating basis shall be held by Exhibitor in trust for Distributor. The Distributor agrees that _any information obtained by its agent pursuant to the provisions of this Article shall be treated as confidential, except in any arbitration proceedings or litigation in respect of this contract. ‘Brazen Grab-All’ That's how the proposed revision of the eighteenth clause is described by Nat Taylor, MPTAO spokesman. “The distributors of motion pictures, from a standpoint of fairness and frankness, have no more right than any other body of businessmen to meet together and change the terms of a standard contract without consulting those affected by such change.” stated N. A. Taylor, president of Twentieth Century Theatres and chairman of the MPTAO committee appointed to deal with the question. “It is a high-handed action that will not improve trade relations, nor will it help induce the exhibitor to accept or even look kindly upon the proposals of the distributors. “The attempt to slip in a new clause in place of the old one with a mere notification and hardly any explanation is enough to make it suspect. Examination reveals it to be the most brazen grab-all most of us have ever come across. What possible concern, for instance, can the distributor have with the real estate operations of an exhibitor? “Obviously, the new clause eighteen is the thin end of the wedge —it is designed to allow the distributor to seize a share of every dime the theatre operator touches, in particular that which is candy, popcorn and other revenue. These will grow in the next few years and the exhibitor, because of growing costs, needs that money. Even if he didn’t, the distributor has no claim on it. “The distributor is amply protected by the present clause and exhibitors of every rank will be united in opposing this assumption of undeserved powers on the part of the distributors.” Manager Resigns I. Belsan, manager of Odeon's Midway Theatre in Montreal, has resigned after some 37 years employment in different capacities there. Martin And Grayson Tony Martin and Kathryn Grayson have been assigned top roles as a romantic singing duo in MGM’s Technicolor musical, “The Kissing Bandit.” The Old Clause F THIS contract calls for I payment or any part thereof computed upon the Exhibi tor’s receipts, such payment or any part thereof shall be made daily, together with a correct itemized statement of the gross receipts of said theatre for admission thereto upon the exhibition date or dates of each motion picture for which payment is so required to be made. Should the Distributor so require, such itemized statement shall be made upon forms, furnished by the Distributor. Upon such date or dates authorized representatives of the Distributor are hereby given the right to verify the sale of all tickets of admission to said theatre, and receipts therefrom; and for such purpose such authorized representatives shall have the right to enter the Exhibitor’s theatre for the purpose of checking the number of persons admitted at the doors of theatre on such date or dates. Should the Exhibitor refuse to admit authorized representatives of the Distributor to the Exhibitor’s theatre for the purpose of such checking, the amount payable by the Exhibitor to the Distributor in respect of the exhibition of any such motion picture during the period of such refusal, shall be estimated by the Distributor and such estimate shall be binding upon the Exhibitor. The Distributor or its authorized representatives, shall also have access for a period of sixty (60) days after the receipt by the Distributor of the final boxoffice statement to all of the Exhibitor’s books and records for the purpose of verifying such boxoffice statement. The Distributor agrees that any information obtained by it pursuant to the provisions of this Clause will be treated as confidential, except in any arbitration proceeding or litigation in respect of this contract. Two Gunmen Hold Up Centre, London While the last show was still going on, two gunmen held up the manager and three of the staff of the 20th Century Theatre in London, the Centre, recently and after tieing them with adhesive tape, escaped with $569, the day’s receipts. Charles Greenwood, manager; Mrs. Kathleen Yorston, cashier; Fred Levens, assistant manager; and Douglas Webster, usher; had their hands and mouths taped and were herded into the basement by one robber while the second scooped up the money. ‘ a