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

November 3, 1928 EXHIBITORS HERALD and MOVING PICTURE WORLD 2i Recording License Needed Only By Producers of Sound Films Exhibitor Can Change Device Without Adding to 10 Cent Tax The Box Office Record The fall issue of the Box Office Record is published on page 61 as a department of this issue of Exhibitors Herald-World. This issue of the B. O. R. is a guide to the money-making possibilities of more than 500 pictures, including both feature length and short features. Jolson and "Wings" Too Strong; Regular Schedules Go Blooey (Special to the Herald-World) MINNEAPOLIS, Oct. 30.— The popularity of both "Wings" and "The Singing Fool" with Minneapolis audiences has completely upset film schedules. "Wings" is now completing its sixth successive week at the Strand. This Paramount picture, which had already set a record for Minneapolis when it stayed on for three weeks, reached its fifth week without any abatement in popularity. The fifth week, however, was announced as positively the last, but the picture stayed on for the sixth. In the meantime Paramount's "The Wedding March" was waiting patiently to go on at the Strand. As a last resort, it was decided to run "The Wedding March" at the State. Just at this point, however, Warner Brothers' "The Singing Fool" was taking the city by storm at the State, so "The Wedding March" was again held up. The latest decision is to send "The Wedding March" back to the Strand and put on Paramount's "Beggars of Life" at the State as soon as "The Singing Fool" gets off. Leap Saves Operator In $5,000 Booth Fire (Special to the Herald-World) VALPARAISO, INC, Oct. 30.— Several persons were slightly injured here when a nlm caught fire in the local picture house. There was a rush for the exits. The theatre was crowded at the time. Williaro Nolan, operator, saved his life by jumping^ trom a second-story window. The property ■ loss was about $5,000, covered by insurance. Sunday Horseshoe Game Illegal? Latest Blue Wail (Special to the Herald-World) DOVER, O., Oct. 30.— An affidavit has been filed against Carl Ruefly and C. A. Borton, charging them with obstructing an alley on Sunday with their game of horseshoes, and Mayor P. J. Groh, who last March put a stop to Sunday shows here, will have to decide the case. Equipment Makers Do Not Require Music Publishers Permit But Must Have American Society License (Special to the Herald-World) /NEW YORK, Oct. 30. — No music recording license is required of manufacturers who confine their activity only to the manufacture of sound reproducing devices, according to E. C. Mills, chairman of the board of directors of the American Society of Composers, Authors and Publishers, and agent and trustee for the Music Publishers Protective Association. This statement comes as the latest development in interchangeability since the statement of J. E. Otterson last week in which interchangeability for the present, at least, was conceded. Mills' statement means in effect: An exhibitor may reproduce a sound picture which uses copyrighted music of members of the Music Publishers Association on any machine without license or paying any tax other than the established performance tax of 10 cents a seat No manufacturer of sound reproducing devices need be licensed from the Music Publishers to manufacture only sound reproducing apparatus. A manufacturer of sound recording devices, on the other hand, must be licensed by the American Society of Composers, Authors and Publishers for the use by its licensed producers of music of its 70 members. Electrical Research Products, Inc., and the Photophone Corporation are at present the only companies thus licensed. Both companies are licensed under five-year contracts. Under these contracts, the license fee amounts to $2,000 a week for the first two years, three and one-half cents a seat per annum for the third year and five cents a seat for the fourth and fifth year. Established Fee This license fee is at present an established fee and will be demanded of any manufacturer of a sound recording device where music of the 70 members is used and recorded, according to Mills. It is understood that Bristolphone Corporation is now negotiating for such a license. When the above mentioned contracts were made with Electrical Research Products, Inc., and Photophone Corporation, clause 3 (a) of the contract stated: (License is granted) "To record said musical compositions or any of them * * * and to produce and reproduce said musical compositions publicly, but only by means of apparatus for the reproduction of sound operated or controlled through the agency of said recordings (or copies thereof) in, on or as a part of such apparatus, which apparatus has been or shall be furnished by licensee or its sublicensees to producers, distributors or exhibitors of motion pictures only; and to use, lease and sell such recordings and copies thereof, but only for the purpose of reproduction by said apparatus." Not Invoking This Right E. C. Mills as agent and trustee for the Music Publishers Protective League has recently notified by letter the two companies, Electrical Research Products and Photophone Corporation, that he does not intend to invoke this right. Mills' letter, addressed to both companies, reads as follows : "Please be advised that I have not heretofore invoked, nor do I intend during the life of the said agreements to invoke, the right granted by the quoted clause to prohibit the use of recordings made under the agreement upon apparatus manufactured and/or furnished to producers, distributors or exhibitors of motion pictures, by another manufacturer of such apparatus, provided such other manufacturer, as to the parties whom I represent in agreement with you, has secured from me a similar license. Nothing herein contained shall, however, be deemed to affect your obligation to pay the sums becoming due me from you on account of any such recordation or the reproduction thereof, all in accordance with the terms of our respective agreements, and all such obligations shall remain and continue in full force and effect.' Electrical Research Products Corporation replied to this letter that Mills had no right to waive this right without the consent of the 70 members which he represents. "Such consent may be taken as fact now," declared Mills. "I will have such consent from my members whenever it is desired" Nebraska and Iowa Exhibitors Re-elect Williams; Woodhull Tells of Toronto (Special to the Herald-World) OMAHA, Oct. 30.— Re-election of C. E. Williams as president of the M P T O of Western Iowa and Nebraska Friday followed an address by R. F. Woodhull, national president-elect, in which the latter told of the constructive work of the Toronto meeting of the M P T O A, including the action taken on the labor, music tax, legislation and other situations. The convention unanimously endorsed the work of the M P T O A.