Exhibitors Herald (Jan-Mar 1920)

EXHIBITORS COMMENT OF THE WEEK By MA RTIN J < QJJ I G L E Y The Kok omo L^ecision A DECISION of great importance has been handed down by a court of record of 'Kokomo, Ind. In an action brought against an exhibitor for showing pictures on Sunday ludge Clarence H. Willis ruled that the exhibitor was exempt from the provisions of the obsolete Sabbath laws of the state as he was actually engaged in the publication and distribution of news through the medium of the screen. The decision of Judge Willis appears to be one of the most important opinions relative to motion pictures that has been handed down in the history of the industry. In the first place, it suggests a plan of action which should open theatres everywhere on Sunday. In the second place, as the opinion of an established court of record it is a big step toward compelling the acceptance of the motion picture as an organ for publishing and distributing. news and with this accomplished censorship ends. The latter interpretation would give the motion picture the same legal status as the press and under the Constitution of the United States it would then enjoy the traditional freedom of the press from intolerant supervision and censorship. Those who are cognizant of the real function of the motion picture know beyond possi^ bility of doubt that its sphere is far greater than that of any mere agency of entertainment. It maintains the greatest of all influences over the thought of the nation and this position renders it amenable to the same responsibilities and the same privileges as that of the press. The decision of Judge Willis approves this contention. It is to be hoped that the line of action suggested by the Kokomo decision will be vigorously prosecuted everywhere that Sunday opening and censorship are issues. ^ ♦ ^ The Tucker Duit THE preliminary legal skirmish between George Loane Tucker and the Famous Players-Lasky corporation and the Mayflower Film corporation ends with Mr. Tucker on the losing side. This result is quite the expected one in that it has appeared from the general information available if Mr. Tucker's contention was correct the many and varied hazards of the commercial life of a producer would be greatly augmented. It appears that notwithstanding the tremendous publicity given to Mr. Tucker by the distributing corporation in connection with his production, "The Miracle Man," he contended that the contract in its provision relating to publicity had not been fulfilled. Whether or not there has been a technical violation of contract remains for the courts to decide. But nothing more than some mere technical violation seems possible in view of the fact that close familiarity with the industry over a period of several years reveals no case in which a director received more general and conspicuous mention than did Mr. Tucker in connection with "The Miracle Man.'" 4> % sf: Percentage Trial ADOLPH ZUKOR reveals figures in connection with the percentage arrangement which doubtless will come as a distinct surprise to many. Mr. Zukor declares at this time 2.200 theatres are playing productions of the Famous Players-Lasky corporation on a percentage basis. This high number of theatres that have accepted the percentage plan at least as an experiment seems to suggest that in all probability opposition to this arrangement is not quite so general as has been alleged. Regardless of the essential merits or demerits of the plan it is well worth a trial which it is apparently being given and the result will be that it will be raised out of the plane of a mere theory and its advantages and disadvantages to all concerned will be fully demonstrated in a fair trial. 4= ♦ * FROM many quarters comes definite indication that a new order is soon to be created in the state right field. This branch of the industry, having been at a standstill for many vears, has suddenly awakened. Several projects are now in the process of development which should give the independent exchanges the quality and the quantity of product necessarv for them to continue in business.