The Film Daily (1926)

THE y May 14, 1926 iS&ai DAILY ]. T. O. A. Objects H s With Distributors Over .1 Clauses to the Standard Exhibition Contract ■distributors have added new the Standard Exhibition To this practice, the M. P. \. has vigorously objected. • (lay, the continuing commit ,\hich important exhibitor I'c members, meets to dis situation with the Hays or current issue of "Official organ of the M. P. T. O. 1 1 line of the clauses is given Educational 1 summation: It that exchange the right to a'Cjcct the whole or any part of the t of distributors in New York I clause increasing the tiln'e from 16 months in which the photocontract shall be delivered and F. B. O. Film Booking Offices of , Inc., has added the follow 23 : It is agreed that sixteen stead of one year (the time speci ticle Second hereof) is hereby fixed ' of time within which the e.^hib 1 libit and the distributor shall de iliotoplays herein specified. 1' finitely modifies clause seccontract agreed upon and nullifies its intent. Cross I clause before signing the 24: The Exhibitor agrees to pay itributor at its office in the City of c for such license to exhibit the said the fixed sum in the Schedule it least fourteen (14) days in ad the date of shipment, instead of i in advance of such date (the time .n Article Fourth hereof) from the r's exchange or from the last previ)itor of a positive print hereof. bove, Article 24, provides for •ment within fourteen days 1 exhibi'-ion instead of three Fox s a summation : For Super Specials 23 — Provides that the exhibitor the super-special productions in the which they are released by the Fox p. and in the event the distributor subject out of the released order it be regarded as a release to the ex the obligation to take all subjects »y Fox under the contract and in ;s the exhibitor shall play all sub;h are released prior and subsequent otoplay released out of its order. .""om Mix and for "Buck" Jones 6: — Provides exhibitor shall start ig of the Mix and Jones pictures at date, to play a specific number per d the entire contract shall be comthin a specified period. 24 ; — This provides for the same for the Tom Mix and Buck Jones Hded for super-specials in Article 23. 25 ; — "It is understood and agreed parties hereto that the 'Special Pro1926-27' in which the aforementioned \ or will play leading roles, are not in the above designated pictures." 26: — "That the nutaber of pictures i for hereunder as 'Buck' Jones pro (or Tom Mix Productions as the be) is approximate only." For Specials 6a : — Same as Article 6 above. 24 : — Same as Article 24, excepting :ad of "special productions" words les are used. 25 : — Provides that exhibitor has not or option to any other pictures proth Mix and Jones in the stellar role except those specified in the contract. The distributor reserves the right to produce and release other pictures during the period of the contract in which these stars shall appear in addition to the pictures sold. For Short Subjects Article 6 : — "The exhibitor agrees that this shall be construed as an entire contract and that the O. Henry, Helen and Warren and Van Bibber Comedies and Fox Animal Series shall for the purpose of play dates only be regarded collectively as one unit," and provides the time for the commencing of actual playing, the number to be played each month and that the entire unit shall be played and paid for within the specified time. Article 24. — Same as Article 24 above excepting the words "Short Subjects" instead of Buck Jones. Article 25 : — Provides that the number of pictures contracted for is approxiSwate only. For News Reels Article 6 : — Provides that the total number of issues shall be played within 52 weeks at the rate of not less than two per week. Article 24 : — Same as Article 24 above excepting words "Fox News" instead of "Buck Jones." Article 25. — Provides that the number of pictures contracted for as Fox News are approximate only. Metro-Goldwyn-Mayer This is a summation: 1) Provides for right to distributor to pre-release or road-show at any time any of the photoplays sold to the exhibitor. 2) Provides for a schedule of exhibition dates. 3) Provides that Ben Hur, The Big Parade, La Boheme and Mare Nostrum are not included in the contract. 4) Gives the distributor the right to substitute another story with the same star and director. "Official Bulletin" explains MetroGoldwyn-Mayer has since withdrawn Clause Number Four which it added to the Standard Exhibition Contract and has amended Clause One by adding after the word "photograph," the phrase: "Not to exceed four in the aggregate." Pathe Pathe Exchange has added these articles: Article 23 : — In case this contract shall be for a series ol motion picture subjects to be released regularly at semi-weekly, weekly, biweekly or monthly intervals, and the letters "S. O." which shall be construed as "Standing Order," shall be stamped or written in the schedule on the face of this contract, this contract shal' run as to each such series for a period of one year commencing with the starting date of the first picture of such series, and shal! automatically renew itself and continue in force for a further terto of one year and from year to year thereafter unless and until terminated by either party by notice in writing given to the other at least 30 days ijrior to the expiration of the first year, or 30 days prior to the expiration of any succeeding year,. The above provides for a continuous contract from year to year. It is always best to limit your obligation to a definite period. Pathe's other additions are as follows : Article 24 : — The only persons authorized by the Distributor (in addition to the oiificers of tlie Distributor) to accept this application, pursuant to Article "Twenty-second" hereof, are the General Manager, General Sales Manager, the Division Sales Managers and the Assistant Division Sales Managers of the Distributor. Title of Photoplay Exhibition Dates. The Exhibitor agrees to exhibit said photoplay at said theater for consecutive days, commencing on the day of 192.... and ending upon the conclusion of the last performance on the day of 192.... License fee (if plan 1 is used, plan 2 must be stricken out and vice versa). Plan \. The Exhibitor agrees to pay the Distributor as the license fee for the license gratited hereunder, a sum equal to % of the first $ of the Exhibitor's gross receipts, and in addition thereto, a sum equal to % of the Exhibitor's gross receipts in excess of $ Gross receipts shall consist of all sums (exclusive of admission taxes collected) received by the Exhibitor at the for admission to the said theater on the date of exhibition of the said photoplay hereunder. The exhibitor agrees to pay the distributor as a guaranteed minimum paymrent on account of such license fee the sum of $ , of which minimimi payment the sum of $ is paid herewith and receipt thereof is hereby acknowledged. The said guaranteed payment shall not be returnable by the Distributor if the Distributor and Producer accept this application. Plan 2. The Exhibitor agrees to pay the Distributor as the license fee for the license granted hereunder the following sums : (a) The sum of $ is paid herewith and the receipt thereof is hereby acknowledged. Said sum shall not be returnable by the Distributor if the Distributor and Producer accept this application. (b) In addition to said specified sum, the Exhibitor agrees to pay to the Distributor a further sum equal to % of the E.xhibitor's gross receipts in excess of $ during the exhibition of said photoplay hereunder. Gross receipts shall consist of all sums (exclusive of admission taxes collected) received by the Exhibitor at the theater, for the adhrission to the said theater on the dates of exhibition of the said photoplay hereunder. In addition to all of the rights mentioned in Article Fifth hereof the Exhibitor hereby authorizes the Distributor to have a representative, or representatives, stationed at said theater during the entire period provided for the exhibition of said photoplay at said theater, or during any part of said period. Said representative sl'.all have free access to» the said theater, and all parts thereof, including the box-office, and shall have the right to check ticket sales and admission prices charged, and to take admission tickets at the entrance to said theater. The Exhibitor agrees to charge the following minimum prices for admission to said theater durin^^ the entire jjeriod of exhibition of said photoplay : Matinee ; Adults, Boxes Orch Balcony Children, Boxes Orch Balcony Evening : Adults Boxes Orch Balcony Children, Boxes Orch Balcony Any free list of the theater shall be suspended during' the exhibition of the said photoplay hereunder, and no passes or reduced or gratuitous admission shall be allowed unless expressly and specifically provided for in this contract. Any admission to the said theater during this engagement shall be accounted for by the Exhibitor on the basis of the prices hereinabove stipulated, regardless of the sums a-ctually charged by the Exhibitor, if less than the stipulated prices. The Exhibitor agrees to acquire from the Distributor ad sales material issued by the Distributor on said photoplay, of the selection and in the quantities listed hereon, to the total amount of $ on the basis of the list prices of such (material charged by the Distributor, and the Exhibitor agrees to pay the Distributor the sum of $ two (2) weeks prior to the first play date of said photoplay, and further agrees to post and use all such ad sales material to exploit said photoplay hereunder. The Exhibitor further agrees to spend in newspaper advertising for the said photoplay the sum of $ during and in advance of the first week of exhibition hereunder, and agrees to spend an additional sum of $ for newspaper advertising of said photoplay during each succeeding week, or fractional part thereof, of exhibition hereunder. The Distributor shall have the right to verify such expenditures by any duly authorized agent or representative at all reasonable times. The Exhibitor agrees to feature Harold Lloyd in said photoplay solely, in all advertising and publicity matter referring to said theater for the period of exhibition of said photoplay at said theater, and agrees not to advertise prominently or to give protminent publicity in such advertising or publicity matter to any other motion picture, photoplay, star or other production. In all such advertising, the name of Harold Lloyd shall be at least twice the size of type and prominence as the name of said photoplay, and shall precede the name thereof. The Exhibitor further agrees that during the entire period of the exhibition of said photoplay hereunder, the advertising matter for same shall dominate the front of the theater above naWred and the lobby thereof, and further agrees that no other motion picture subjects exceeding two (2) reels in length shall be exhibited at the same performance as said photoplay. Run: Protection Period : Distributor agrees that during a period of days immediately succeeding the expiration of the period for which said motion picture subject is licensed hereunder, Distributor will not license any other Exhibitor to exhibit said motion picture subject within the following described territory : In addition to the provisions of Article "Fourteenth" hereof, the Exhibitor agrees not to advertise or announce in front of the theater above named or in the lobby thereof or on the screen or by newspaper or by any other medium of advertising whatsoever, the exhibition o^ the said photoplay within the following described territory : In addition to the provisions of Article "Twenty-second" hereof, it is agreed that this instrument shal' be deemed an application for a contract only, and shall not be binding upon Pathe and shall not constitute license unless and until the same shall have been : (a) Approved by Harold Llyod Corporation and such approval shall only be evidenced by the counter signature hereon of a duly authorized representative of Harold Lloyd Corporation ; and thereafter (b) Accepted by Path in the manner provided in Article 23. Utiited Artists United Artists has added the following: Article 23 : — The parties hereto agree that every existing contract between the parties hereto shall be and hereby is amended so as to include the foregoing Article Twentieth hereof with the salme force and effect as if orignally incorporated therein ; and each and every term and condition of every such existing contract excepting only the payment to be made by the Exhibitor to the Distributor as rental for the photoplay, the number of e.xhibition days, the "protection" or "run," if any, therein specified, the time within which notice of acceptance thereof is required to be sent to the Exhibitor and the provision for the selection of play dates shall be deemed amended, modified, added to and/or abrogated by the terms and conditions of this contract insofar as the terms and conditions of every such existing contract shall or may be inconsistent with or additional to the terms and conditions of this contract. The above article provides for arbitration on existing contract. In many instances you probably signed a contract because it did not have this clause — refuse to sign a contract with this clause added. Exhibition dates : The Exhibitor agrees to exhibit said photoplay at said theater for consecutive days, comlrrencing on the day of 192 The Exhibitor agrees to pay to the Distributor as license fee for the license granted hereunder the guaranteed sum of % ; plus % of gross receipts in excess of $ of which sum the sum of $ is herewith paid on account thereof and the receipt of said payment on account is hereby acknowledged. The said payment on account shall not be returnable by the Distributor if the Distributor accepts this contract. The Exhibitor agrees to spend not less than $ for advertising said photoplay which shall include lithographs, bill-poster advertising and all other advertising. In the event that the Exhibitor does not spend the amount above mentioned for advertising said photoplay Exhibitor shall pay to Distributor in addition to all other payments hereinbefore provided to be made by Exhibitor to Distributor, a sum equal to S'/c of the gross receipts of the exhibition of said photoplay. In addition to all of the rights mentioned in Article "Fifth" hereof, the Exhibitor hereby authorizes the Distributor to have a representative, or representatives, stationed at said theater during the entire period provided for the exhibition of said photoplay at said theater, or during any part of said period. Said representative shall have free access to the said theater and all parts thereof, including the box office, and shall have the right to check ticket sales and admissions and to verify receipts and admission prices charged, and to take adhrission tickets at the entrances to said theater. Exhibitor agrees that no free admissions will be given during the exhibition of said photoplay without the consent of the representalive of the Distributor. The Exhibitor agrees that the Distributor