Exhibitor's Trade Review (Nov 1924 - Feb 1925)

Page 16 Exhibitors Trade Review MOTION PICTURE RELIEF FUND Yesterday, in Hollj'wood; articles of incorporation were tiled with the Secretary of State, by the Motion Picture Relief Fund of America an organization headed by celebrities of the motion picture colony. This organization is to be a non-profit concern that will carry on charitable work among the aged and sick members of the motion picture profession and will promote the welfare of the families of those afflicted through age, misfortune or sickness. It is also proposed to erect a large home as soon as possible, probably in Hollywood. Among the sponsors of this commendable enterprise are Hal E. Roach, Mae Murray, Charles Spencer Chaplin, Rupert Hughes, I. Thalberg, Harold Lloyd, Charles H. Christie, Mary Pickford, Douglas Fairbanks, William S. Hart, Jesse L. Lasky, Joseph M. Schenck, Cecil B. DeMille, Glenn Harper, Winifred Farnum and Joseph DeGrasse. DECISION SUSTAINED IN COPYRIGHT CASE The United States Circuit Court of Appeals for the Fourth Circuit rendered its decision in the appeal of the copyright infringement case of M. Witmark & Sons vs. Pastirne Amusement Co., on December 20. The decision sustained that of the District Court of the United States. Circuit Judge Rose's decision follows : Should you wish a copy of the decision of the lower court one will be promptly forwarded upon request addressed to the American Society of Composers, Authors and Publishers, at 56 West 45 Street, New York City. The appellant was defendant below and the appellee was plaintiff, and they will be so styled here. The facts in the case are fully set forth in the opinion of the learned District Judge in 298 iFed. 470 and need not be repeated. The defendant contends that (1) the plaintiff ivas not the proper party to maintain 'the suit, (2) that it had abandoned its right to obtain a copyright, (3) that the infringement was comutittcd by an independent contractor for tvhose actions t'hc defendant was not responsible, (4) that the part of the copyrighted composition actually Harry Hoyt, one of the directors of First National's "Sundown," is seen discussing the scene in which the cattlemen call on President Roosevelt. Left to right: Harry Hoyt, Wilfrid North, Charles Sellon and E. K. Retcliffe. played in appellant's place of ainiiseinent did not amount to a performance of it, (5) that it was not performed for profit, (6) that the plaintiff coidd not sue because, zvifh reference to the copyright in qucsfioii, it had made itself a party to a conspiracy to violate the Clayton and Sherman Anti-trust Acts, (7) t!i!ii under the circumstances of the case, the plaintiff was not entitled to a decree for $250.00 in lieu of actual damages, and (8) that the defendant could not be required to pay plaintiff's attorney a counsel fee. It may be said in passing that if tJte Court beloiv was justified in azcarding any counsel fee at all, it is not contended that an c.i-ees.<;iz'e allowance was made. Every one of these contentions zvas fully considered in the opinion below. We are satisfied . with the disposition of them there made and further discussion of any of them is unnecessary. Principal Pictures Corporation's film version of Harold Bell Wright's novel "The Mine With the Iron Door" deals with the search for gold. Here Pat O'Malley is shown loading his burros prior to a prospecting tour. "PARADISE" FOR FIRST NATIONAL First National has brought the screen rights to Cosmo Hamilton's novel, "Paradise," published by Little, Brown & Co., and will make a picture from it under a difTerent title. "Paradise" will be an English society triangle story with a war episode. The novel has enjoyed great popularity both in England and in the United States. June Matiiis will prepare the continuity on this production and supervise it. The leading part is a male juvenile role and it is likely that either Ben Lyon or Lloyd Hughes will be assigned to the part. FOX DIRECTORS ON VACATION Two Fox Film Corporation directors have set their megaphones aside f jr vacation after months of strenuous work on Fox special productions for the 1924-1925 season. They are Lynn Reynolds and Emmett J. Flynn. Mr. Re3'nolds has just finished "Riders of the Purple Sage" starring Tom Mix, and Mr. Flj'nn before packing, completed "The Dancers," a Fox giant special which had its Broadway premiere at the Central Theatre, January Sth. Both of these megaphone wielders are heading toward the California mountains. Flynn with a gun and Reynolds with a camera. The former is after mountain lions and the latter picturesque locations. "WILD RIDIN'" BUCK JONES NEXT Edmund Mortimer is again directing the western star, Buck Jones, in a typical picture of life west of the Rocky Mountains. The story, "Wild Ridin'," is an original scenario by John Stone who is responsible for a ^number of the stories picturized by Fox. The ;cast, in addition to the star, includes, Elinor Fafr, the feminine lead, Bruce Gordon, Claude Peyton, Lucien Littlefield and Alphonz Ethier. Also the remarkable canine actor, ^'Pal."