Exhibitors Herald World (Oct-Dec 1930)

November 15, 1930 EXHIBITORS HERALD-WORLD 23 Universal's Victory in Nichols Suit Clears Air for Producers Plagiarism Cloud Is Removed In Action Fought Since 1926 Leaders Realize Production Field Would Have Been Tremendously Limited If Court Had Upheld Claim K. C. NonUnionists Denied Order for Restraint on Union (Special to the Herald-World) KANSAS CITY, Nov. 13.— A restraining order, asked by the Sound Projectionists Association, non-union group of operators, to prohibit members of the operators' union from bombing, picketing and placarding theatres or from intimidating the association members, was denied in federal court here last week. The plaintiffs also had asked $10,000 from the union for the alleged bombing of the Baltis theatre, suburban house, and for alleged acts of violence at other theatres. Daylight Saving in California Doomed As Votes Pile Up (Special lo the Herald-World) SAN FRANCISCO, Nov. 13.— The daylight saving scheme on Tuesday's ballot took a terrific walloping at the polls and final returns will doubtless show that it suffered the worst defeat of any measure voted upon. Senator Thomas A. Maloney, manager of the California's All Right League, has issued a statement thanking the voters of the State for the support given the league in its fight against the measure. Much of the credit for the victor}' was given the moving picture industry. Music Society Denies High Court Refused to Decide Copyright Cases (Special to the Herald-World) NEW YORK, Nov. 13.— It is denied by the American Society of Composers, Authors and Publishers that the U. S. Supreme Court has refused to decide whether it is legal to play copyrighted music in theatres without the copyright owner's consent, as was stated in a news story from Washington in the Herald-World of October 25. According to J. C. Rosenthal, general manager of the society, the facts are that judgments were rendered against the several Texas theatre owners referred to in the Washington story, and these judgments were upheld by the court of appeals. It was the latter's affirmation of the judgments that the supreme court refused to review, according to Rosenthal. Judgments were for $250 for each violation on which conviction was obtained. Sunday Shows Lose in Referendum at Minden (Special to the Herald-World) MINDEN, LA., Nov. 13.— A blue law poll here resulted in a vote of 511 in favor of closing amusement places on Sundays and 325 against it. The city council is expected to enact an ordinance prohibiting Sunday shows and other amusements at its next meeting. (Special to the Herald-World) NEW YORK, Nov. 13. — The decision handed down on November 10 by the United States Circuit Court of Appeals, deciding in favor of Universal Pictures in the $3,000,000 plagiarism suit brought against the company by Anne Nichols, producer of "Abie's Irish Rose," in connection with the Universal pictures, "The Cohens and the Kellys," is receiving the close attention of the entire industry. Noted by motion picture attorneys as the third such case in the legal history of the industry, this suit has been termed a crucial case because of the fact that it sets a definite legal precedent for the future in the matter of pictures produced which may bear some resemblance to a story or play. Suit Started in 1926 The decision has the effect of clearing Universal from the cloud which had hung over it since the suit was begun in March, 1926, in connection with this picture. At that time papers were served against Universal Pictures Corporation, Carl Laemmle and Harry Pollard. Universal was defended by Siegfried F. Hartman, its general counsel, who was assisted by former governor Nathan Miller, as trial attorney. Trial started in December, 1928, and continued 'till January 11, 1929. A decision in favor of Universal was rendered on May 14, 1929, Judge Goddard entering his decree in July. Appeal was taken in October of that year and was argued on October 30, last, resulting in the recent decision. During the four years before the settlement of the case, Universal is understood, to have spent nearly $250,000 in the defense, only $10,000 of which, under the America legal system, can be recovered. It has been noted that the $10,000 counsel fees awarded Universal established a record for such allowances in the United States Circuit Court of Appeals. two previous legal battles, both of which were won by the producing company at a cost, it is said, of several hundred thousand dollars. The first of these, which was carried to the Supreme Court of the United States, was against the Motion Picture Patents Company, involving the use of various types of film in patented projection machines. The second case resulted in the Court of Appeals upholding Universal's contention that in the dissemination of news in a motion picture newsreel. the producing company should be protected by the constitutional freedom of the press. Would Limit Production Field Behind the keen interest with which motion picture producers watched this case was the realization that if the ground for plagiarism claimed by Miss Nichols' attorneys was allowed by the court, the field of production on the screen would have been tremendously limited. Universal was also the defendant in the 200,000 Customers In Two Weeks Isn't Bad (Special to the Herald-World) ST. LOUIS, Nov. 13.— "Check and Double Check" the Amos 'n' Andy film is reported to have played to more than 200,000 cash customers during its two weeks run at the St. Louis theatre here. During the first seven days the picture clicked to the tune of 125,000 paid admissions and then dragged in more than 75,000 additional patrons in the next week. The St. Louis seats 4,200 persons and played seven shows daily instead of the usual £ve or six, keeping the doors open from 10:30 a. m. to midnight. Laemmle Increases Advertising As Aid In Drawing Patrons (Special to the Herald-World) NEW YORK, Nov. 13.— Carl Laemmle, president of Universal, has announced a decided increase in the company's advertising appropriation in an effort to combat the general business depression now affecting the motion picture industry. Laemmle stated : "For first time in several years Universal pictures have uniformly made money for exhibitors at the box office, yet in the face of this sensational success we are increasing our advertising so much that it amounts to kicking the budget out of the window." He expressed belief that the only way to break open hoards of wealth accumulated within the past few months of hard times is to "apply pressure of the stiffest, possible advertising campaign." Universal plans an increase of advertising space in trade papers, newspapers and in every other form of medium. Laemmle concludes his statement, aimed at exhibitors, with the advice to "advertise and advertise." W B Basketball Five Wins Opener from Columbia (Special to the Herald-World) NEW YORK, Nov. 13.— The Warner Brothers basketball team conquered the five representing Columbia Pictures in a practice game by a score of 30 to 8. R K O Acquires 10-Year Lease on N. Y. Mayfair (Special to the Herald-World) NEW YORK, Nov. 13.— RKO has taken a 10-year lease on the Mayfair theatre from the Forty-seventh Street corporation. The rental will be $300,000 a year.