Exhibitors Herald and Moving Picture World (Oct-Dec 1928)

November 3, 1928 EXHIBITORS HERALD and MOVING PICTURE WORLD 19 Exhibitor and Sound Firm Sue Producers; Hearing Is Delayed Charge Conspiracy to Boycott Houses Not Using W. E. Devices Big Developments In Sound Pictures Told in Epitome Detroit exhibitor and Huma-Phon company charge producers have conspired to boycott theatre owners not installing Western Electric apparatus; ask injunction. Producers give "Herald-World" representative their views on who shall pass judgment on merits of the variou sound reproducing devices in determining interchangeability. Details on Page 23. Manufacturers who confine their activity to making sound reproducing devices do not need music recording license, says E. C. Mills, chairman of board of American Society of Composers, Authors and Publishers and agent and trustee of Music Publishers Protective Association. Mills' statement means exhibitor may reproduce sound picture which uses copyrighted music of association members on any machine without license and without paying any tax other than established performance tax of 10 cents a seat, and no manufacturer of sound devices need be licensed from Music Publishers to make only sound reproducing apparatus. Manufacturer of sound devices must be licensed by A. S. C. A. P. for use by its licensed producers of music of members. Story on Page 25. / • • * Gotham Bristolphone and its producing organization aim to license four or five outstanding producers to make pictures with Bristolphone and give small exhibitor same pick of product as circuit owner, says Charles R. Rogers, president of both companies. Details on Page 24. Tonefilm Corporation, maker of newsound device, makes deal with Phil Goldstone whereby he will produce two Metropolitan short features a week and number of roadshow talking pictures, says Alfred Weks, president of Tonefilm. Story on Page 26. Warner Brothers in deal with Shuberts for screen production of stage plays with Vitaphone synchronization. Page 27. Alt Pathe pictures will talk in aggressive program, Colvin W. Brown tells managers at series of regional meetings — Kennedy speaks at luncheon. Page 26. Robertson and Huma-Phon Ask Permanent Injunction — Case Grows Out of Paramount Booking (Special to the Herald-World) DETROIT, Oct. 30. — Hearing on an injunction petition, filed in circuit court here and charging that a number of motion picture producers have conspired to boycott theatre owners who do not install Western Electric apparatus, was postponed indefinitely today when attorneys for the defense stated they were not yet ready to try the case. The plaintiffs in the case are James N. Robertson, operator of the Cinderella and Roosevelt theatres, two neighborhood houses; the Imperial Building Corporation, owner of the buildings in which the theatres are housed, and the Huma-Phon, a Michigan corporation engaged in the manufacture of motion picture sound recording devices. The list of defendants in the suit includes the Electrical Research Products, Inc.; Warner Brothers; James Allen; Paramount-Famous-Lasky; Otto Belle; MetroGoldwyn-Mayer; Frank Downey; First National Pictures; Fred North; United Artists; Jack Goldhous; Western Electric; Vitaphone; Pathe Exchange; Henry Zapp and the American Society of Composers, Authors and Publishers. The case grew out of the booking of a Paramount picture. It is reported that Paramount declined to fulfill the contract, and the management understood that other companies were preparing to follow Paramount's lead ; therefore, the management obtained a temporary restraining order to cover all the producers who might be involved. Says Device Proved Successful In their petition the plaintiffs assert they made a contract early in August with Paramount for Richard Dix's "Warming Up." They declare that they were told by the representatives of the corporation that it would be all right to use the Huma-Phon device for the picture, if it proved practicable. The device at the time was not fully developed. The petition declares the Huma-Phon was perfected and gave a successful performance October 7 in the presence of cer-/ tain of the defendants. Charge Move to Destroy Device It is charged in the petition that the defendants conspired to sell no sound pictures to theatres which did not use the Vitaphone and a certain Western Electric Co. device in connection. It is further charged the defendants conspired to destroy the Huma-Phon in operation at the Cinderella theatre and that at one performance a man, who had purchased a ticket to the show, leaped on the stage and attempted to destroy the machine. He was stopped. It is alleged the man was ordered by the defendants to destroy the machine. On October 17, the petition sets forth, representatives of Paramount Famous Lasky told the plaintiffs that they would not fulfill their contract unless a Vitaphone and the Western Electric device were used. The price, it is asserted in the petition, was $30,000 and half the box office receipts. Temporary Writ Granted The plaintiffs declare that this action on the part of the defendants is illegal and in restraint of trade. They ask an injunction restraining the defendants from breaching the contract already made and from interfering in any way with the showing of pictures when the Huma-Phon is in use. A temporary restraining order was granted in Circuit Court pending hearing on an order to show cause why a permanent injunction should not be issued. Joan Crawford Stars (Special to the Herald-World) HOLLYWOOD, Oct. 30.— Joan Crawford has been given a starring contract by Metro-Goldwyn-ftiayer, largely through her success in "Our Dancing Daughters." She is now working in "Dream of Love," which is being directed as a sound production by Fred Niblo. Tri-State Exhibitors Organize; Lightman Named President, Memphis Headquarters (Special from J. F. N.) MEMPHIS, Oct. 30. — The Tri-State Motion Picture Theatre Owners Association was organized in connection with a meeting of the Arkansas association which closed last night. The Tri-State organization goes into action under excellent auspices and after an enthusiastic session which presages great things for the exhibitors of Arkansas, Tennessee and Mississippi. M. A. Lightman of El Dorado, Ark., was elected president. The vice presidents are John Collins of Paragould, Ark., W. F. RufRn of Covington, Tenn., and R. X. Williams of Oxford, Miss. J. F. Norman of England, Ark., was named secretary and treasurer. Memphis will be permanent headquarters. Features of the convention were addresses by R. F. Woodhull, national president, and Fred Wehrenberg, of St. Louis.