The Exhibitor (Nov 1939-May 1940)

EDITORIAL T H E t Vol. 23, No. 2 November 22, 1939 A Jay Emanuel Publication. Covering the film territories in the Metropolitan East. Published weekly by Jay Emanuel Publications, Incorporated. Publishing office: 1225 Vine Street, Philadelphia, Pennsylvania. New York City office, 1600 Broadway. West Coast office, 1119 Poinsettia Drive, Hollywood, California. Representatives in Washington, D. C.; Albany, Buffalo, Boston, New Haven. Jay Emanuel, publisher; Paul J. Greenhalgh, business manager; Herbert M Miller, managing editor. Subscription rates: $2 for one year; $5 for three years. Address all communications to 1225 Vine Street, Philadelphia, Pennsylvania. Just In Passing THE COURTS GIVE ACTION Apparently some of the exhibitors are not waiting for the government to bring relief but are continuing with the court method for attaining their ends. Significant, was the victory won in Philadelphia area by Eugene Mori, an independent exhibitor, who filed an anti-trust action against a circuit and the major distributors. The federal judge, in handing down his decision on an application for a temporary injunction, upheld the plaintiff on practically all counts. Undoubtedly, the success of this court venture will lead to more theatremen, tired of waiting for relief through other channels, to go into court; who can blame them? The government may eventually accomplish its purpose, the Neely bill may pass, and the exhibitor organizations may achieve their objectives, but an exhibitor has to live, and it would seem, as the result of what has gone before, that he has more chance of getting concessions through the court threat than any other. So it seems and it’s too bad. TELEVISION TURMOIL There seems to be some agitation regarding Paramount’s “Television Spy.” A few tradesters infer that because Paramount has an interest in a television company, the picture might have been made to increase interest in television and thereby, indirectly, influence purchase of stock. Personally, we don’t believe Paramount or any company would be so direct. And if they did intend to glorify television, they certainly didn’t help their case any by “Television Spy,” which has little with which to attract patrons, let alone prospective stock buyers. READING CONTRACTS MAY PROVE PROFITABLE We were interested recently when an exhibitor said to us: “Say, do you know, the other day I had some time to kill at my office and a copy of a contract which had just been approved was on the desk. By chance, I began to read all that small type which appears on it, and I found out a number of things. “For example, I didn’t know that this distributor doesn’t sell clearance on either the news or the shorts. That last interests me greatly. It means, according to my interpretation, that not only that I won’t have to wait until my run ahead, who is delinquent in dating shorts, has used them, but I am going to see why I can’t date in the shorts at the same time or before the first run of the city. “Furthermore. I noted a clause in this particular contract that says that a few pictures can’t be double-featured. Frankly, I don’t double feature myself, but wasn’t there a Supreme Court decision at one time which said that the distributors haven’t the right to bar double-featuring of their pictures? “Believe you me, my work is being cut out for me. I not only read that contract but I am going to read everyone that I have signed — and something tells me that it is going to be a profitable pastime.” We were very pleased with what the exhibitor had to say — not only because we feel that he is doing himself a lot of good but because we have long preached the value of such a policy to our readers. Particularly at this time, when many companies are rewriting their contracts, is the plan of reading “the small type” important. If the contract form weren’t necessary, it wouldn’t be used, and the fact that the distributor sets it up and then hands it to the exhibitor for signature is another reason why every account should be well acquainted with it. Most exhibitors know that clearance situations should be fully covered, but a lot of them, if they read their contracts, will find out things they never knew. Clearance stipulations are generally typewritten in; so it is to be expected that exhibitors will read those phrases. Yet, in a lot of cases, we will wager that all exhibitors aren’t sure, for example, whether their clearance covers erection of new theatres or opening of long-closed houses in their particular area. And there are some distributors who feel exhibitors should remind them of their fulfilling their contracts, Nice going! We would imagine that in other lines of industry, the contract is scrutinized to see exactly what the terms may be, and there is no reason why our business should be different. Take off some time, read your contract. We will wager that you will be surprised to note that what you signed may be entirely different from what you thought you signed. QUAD.