The Film Daily (1945)

Thursday, December 27, 1945 ■m DAILY Film Plagiarism (aid Rife in India (Continued from Page 1) discouraging the development of legitimate screenplay writing. For the past several years, dating from before the war, this plagiarizai "Y far more widespread than is _.tgined in Hollywood, has been ^practiced by a number of native 't iprodueers because the Indian Copybright Act affords protection to material registered in British India only. Therefore, it is pointed out, these practices can be prevented "only if U. S. producers register with '," the Copyright Offices here and in 'Calcutta copies of the screenplays of all the pictures released by them in India. Need Not File Prints Prints of the films need not be filed, and printed or typed copies of the screenplays, complete with dialogue, musical numbers, lyrics, action and other details are enough. The expenditure involved is negligible but the protection afforded is great. However, in the release prints jthe fact that the photoplay is registered under the Indian Copyright Act must be stated in as bold letters as possible so that Indian producers may know the risk they run if they continue their practices, and exhibitors may be warned that they also would be liable for any complicity. These steps are suggested not merely in the interests of U. S. films, but in the interests of Indian producers as well, — for unless the latter know that they can no longer depend on foreign product for story and treatment, the Indian scenarist, who today exists only in the form of a dialogue writer or song writer, will not be developed, and until that is done the Indian film will never really come into its own. Plagiarized Product Since 1938, the stories and /or treatments of the following 33 imported films, most of them U. S. in origin, have been used for Indian films, many having enjoyed outstanding box-office success: "The King Steps Out," "Cardinal Richelieu," "Romance for Three," "The Good Earth," "Over the Hill." "The Crusades," "The Old Maid," "Algiers," "Story of Louis Pasteur," "Dr. Ehrlich's Magic Bullet," "The Way of All Flesh," "All This and Heaven Too," "Shop Around the Corner," "The Story That Could Not Be Printed," "Mr. Deeds Goes to Town," "Amphytrion" (French), "Men in Her Life," "Back Street," SERB BIRTHDflV GREETINGS TO: DECEMBER 27 Maria Alba Sydney Creensrreet Sam Coslow Marlene Dietrich Jackie Palley Reeling 'Round WASHINGTON (Continued from Page 1) center. . . . The showman has a golden opportunity in this golden reservoir of good will. It has not been an easy task. Beset by shortages of materials and supplies and manpower as crippling as those suffered by any comparable industry, the various branches of the pix industry have labored mightily to accomplish all and more than it set out to accomplish at the beginning of the war. • • THE picture is different now. The wartime restrictions and controls are falling off, with supplying industries working overtime to provide the raw materials needed to provide outstanding screen entertainment in every village in America. Aside from the temporary restrictions on new construction, nearly all these restrictions are now of the past. The mere removal of regulations does not insure unlimited supply, but the herculean efforts of such men as Chris Dunphy, Allen Smith, Harold Hopper, Line Burrows and others here kept supply levels to the operating minimum, so that regardless of the pace of reconversion the industry is not prostrate and need not fear that it will be. Actually, it is stronger than ever. • • \A/HAT the outcome of the anti-trust suit will be remains for the future to disclose. "'It may mean substantial changes in the economic outlines of the industry. If it does, the industry is today strong enough and virile enough to make these changes without slipping out of high gear. If the Government loses its case, it is a safe bet that there will be a sincere intra-industry attempt to compose differences and work out more harmonious relations between all members of the industry. . . . For if any lesson was learned from the war it was the lesson of unity. It is apparent to every thinking showman — be he exhibitor, distributor or producer — that the greatest industry benefit stems from the greatest industry harmony and well-being. At which point we in Washington can without reservation wish all of you the best of holiday cheer, and predict for all an extremely happy and prosperous new year. East District Exchange Mgrs. Here for UA Meet (Continued from Page 1) are John Dervin, Boston; Ray Wiley, New Haven; Mark M. Silver, Washington; Mort Magill, Philadelphia, and Jack Ellis, New York. Product and details in connection with the Sears drive will be discussed. Appeal Board Reverses N. J. Arbitration Award Com. Park Commended Com. William C. Park, USNR, former make-up editor for Paramount Newsreel, has been awarded a commendation with ribbon by Secretary of the Navy, James Forrestal, for his outstanding contributions as Navy newsreel editor. Commander Park, who is on the staff of Navy Photographic Services, is now organizing photographic plans for the post-war Navy. "Of Mice and Men," "Bachelor Mother," "Tobacco Road," "Citizen Kane," "Sullivan's Travels," "Thief of Bagdad," "High Sierra," "Tom, Dick and Harry," "Three Smart Girls," "Life and Loves of Beethoven" (French), "Random Harvest," "Mrs. Warren's Profession," "Desire," "Prisoner of Shark Island," "Hunchback of Notre Dame," "King Kong," "Les Miserables," "Can't Help Singing" and the "Tarzan" films. The plagiarism practice dates back to 1938 when a native studio produced what was virtually a frame by frame copy of "Cardinal Richelieu." It was a sensational box office success. American film and other music, available on records, is assimilated so thoroughly that the Indian production with original music is an exception. (Continued from Page 1) 14-day clearance granted to the Rialto Theater, Rutherford, was unreasonable and the arbitrator fixed the clearance at seven days. On appeal by the intervening Rialto Theater, the appeal board reversed the decision and set the clearance back at 14 days, asserting that the arbitrator had not taken into consideration the larger size of the Rialto, superior operation and higher film rentals paid to the distributors. RKO to Produce Three Pix in Mexico City in '46 (Continued from Page 1) Spanish-speaking versions only under the supervision of RKO Radio studios in Hollywood, according to an announcement by Charles W. Koerner, executive vice-president in charge of production. The films will employ top Mexican talent and will be produced by Joseph Noriega, veteran Hollywood film editor. Plans call for the production of three features in 1945. Gould Returns to N. Y.; Cancels Australian Trip Say Pix Arbitration Up to Congress (Continued from Page 1) majors had insisted upon licensing films to the St. Louis Amusement Co. theaters strictly in accord with the terms of an arbitration award. The brief filed by Russell Hardy, Washington attorney and former anti-trust official with the Department of Justice, and Attorney Mat Holland of St. Louis, claims that the New York Court was not within its rights when it agreed to recognize the arbitration provisions of the 1940 consent decree. These provisions actually create and strengthen restraint of trade, the brief holds. Actually, the attorneys argue, creation of the arbitration system and the attempt to establish rules for clearance "are legislative, and solely within the jurisdiction of Congress." "It was the duty of the New York Court to abstain. from exercising any power not strictly judicial in character. It was beyond the jurisdiction of that court to enter this decree, which disregarded the constitutional tripartite division of power." The brief pointed out also that the arbitration proceeding is financed entirely by the defendants in the New York suit, and argues that even if Congress had voted a system similar to that of pix arbitration, it "probably would be valid." The brief says the decree "uses the principle of unlawful combination and conspiracy in restraint of trade as the sole and essential means for enforcement of the rules and regulations. Challenges Validity "The fact that the work of the tribunals is ostensibly to end unreasonable clearance, gives the decree no validity, however laudable the attainment of that abstraction may be. The nearest thing to a rule for clearance in the decree is the statement that: " 'It is recognized that clearance, reasonable as to time and area, is essential in the distribution and exhibition of motion pictures.' "No such abstraction is the standard of the anti-trust laws. The decree rejects the standard of the antitrust laws by establishing precisely the opposite rule of combination, conspiracy and concerted refusal." H. E. Hammond Dead Erie, Pa. — H. E. Hammond, veteran showman, who operated the Lyric for more than 25 years, died after a brief illness. Because of the presure of home office business, Walter Gould, foreign manager of United Artists, cancelled his proposed trip to Australia and returned to New York from the West Coast. Al Lowe, division manager for the Far East, Australia and South Africa, who accompanied Gould to the Coast, continued on to Australia. STORK REPORTS Detroit — Jackson S. Hurford, manager of the Fox, is the father of a baby girl, Nancy Anne. Springview. Neb. — L. B. Gibson, owner of the Niobrara Theater here, is the father of an 8-pound boy. u*M£mmm