The Film Daily (1933)

2d —Z&i* DAILY Thursday, Aug. 24, 1933 Rules Governing Presentations and Vaudeville Acts PART II. OF EXHIBITION DIVISION OF THE MOTION PICTURE INDUSTRY—VAUDEVILLE AM) STAGE PRESENTATIONS ARTICLE 43. Open Shop. The right of Employer and Employee to bargain together free from interference by any third party shall not be affected by this and nothing herein shall require any employee to join any organization or to refrain from joining any organization in order II ure or retain employment. ARTICLE 44. Auditions. It shall be an unfair trade practice for any manager or independent contractor, under the guise of a public audition, break-in or try-out, to require an artist to render services gratis. This shall not prohibit however, the appearance of the artist or his participation in benefit performances which have been approved by a bona fide organization representing the industry. ARTICLE 45. Rehearsals. Employers and independent contractors pledge themselves within the shortest possible time after the effective date of the Code to promulgate regulations for the per iods of rehearsal and for the hours of labor during rehearsal periods, with or without salary, which will be fair, just and humane, and conform to the spirit of the National hi lii-trial Recovery Act. ARTICLE 46. Minimum Hours. Owing to the peculiar nature of the vaudeville and presentation business and the unique conditions prevailing therein, the necessary variations in the policies and operations of such theaters, the changing nature of the entertainment and the fact that such entertainment is of a character requiring the services of artists of unique and distinctive ability, who cannot be replaced, it is recognized that it is impossible to fix the minimum number of hours per week for artists appearing in such theaters. Any artist or performer receiving $35.00 or more per week shall be considered in the professional class. The minimum wage of an artist employed on a per diem basis shall be $5.00 per day. Xo singing or dancing chorus person shall be required to work more than 48 hours actual working time in any week, including rehearsals. The minimum salary to such persons shall be $25.00 per week. ARTICLE 47. Period of Employment. In view of the fact that it is a fixed policy of many theaters in various parts of the country to change the bill daily, bi-weekly or weekly, it is impractical to fix consecutive period of employment. ARTICLE 48. Transportation. Any artist not classified as a professional, who is required to travel, shall receive railroad transportation, in addition to his salary. ARTICLE 49. Wardrobe. Employer or independent contractor shall furnish the chorus with all wigs, gowns, hats, footwear and other necessary stage wardrobe. ARTICLE 50. Contracts. Every manager, agent or artists' representative, or any associate thereof, who shall engage the services of an artist, shall enter into a uniform and equitable written "Play or Pay" contract with the artist, setting forth the amount of compensation to be received by the artist for his services. Any failure by any manager, agent or artists' representative, or by any associate thereof, to comply with the provisions hereof and any issuance of a false contract in relation to any act, presentation or attraction shall be deemed an unfair trade practice. Where in any contract between the operator of a theater and independent contractor, the latter shall undertake or agree to do and perform, or not to do or perform acts and deeds required to be done or performed, or prohibited from being done or performed by this Code, the duty, liability and responsibility for so doing or performing, or not doing or performing shall rest solely on such independent contractor. ARTICLE 51. Unfair Competition. Xo auditorium, hall or other place not regularly constituted as a theater shall present the same type of performance as is presented in reqularly operated theaters, provided, however, that the foregoing shall not be deemed to prevent such presentations in connection with industrial expositions, operatic performances or symphony concerts. Exceptions and Counter-Proposals in Exhib Code Exceptions Noted and Counter Proposals Made in Connection with the Code of Fair Competition for the Exhibition Branch of the Motion Picture Industry I 1. Exceptions to Measures Adopted I 2. Right to Buy EXCEPTION-: Every theater owner shall have the right R to buy in free and open competition whatI ever run of pictures he desires. ADDITIONAL EXCEPTIOX: Memo for the Chairman: In the interest of harmony, I believe that fl the exception reserved to the provision adoptI ed yesterday would be withdrawn if the I language indicated by bold face type could be (added to that provision, making the whole read as follows : That there be incorporated in the code a ' provision that it is an unfair method of competition to deny to any theater owner the right to buy in free and open competition i whatever run of pictures he or it desire ; \ provided, however, that the seller shall have the right of selection based upon bona fide I consideration of the character, responsibility, prior performance, prestige of theater or theaters, and potentiality of income ; and I provided further that buying power in other situations resulting from the fact that a particular theater is operated by a circuit shall not be a factor in determining its prestige I or potentiality of income, within the meaning of this code. 4. Allocation of Certain Film Rentals Exception taken, no counter proposal. 5. Dating Restrictions Exception taken, no counter proposal. 6. Unreasonable Discrimination EXCEPTION: I Unreasonable discriminations in favor of any theaters as against any other theaters, as to film rentals, the terms upon which ■ exhibition rights are granted, or the avail' ability of prints shall be unfair competition. 14. Eliminations EXCEPTION: In contracts for the exhibition of groups of ten (10) or more pictures the exhibitor shall have the privilege of rejecting at least (15%) fifteen percent of the number of pictures released without paying therefor. ADDITIONAL EXCEPTIOX: Block Booking and Blind Buying is hereby declared to be an unfair trade practice and no distributor shall offer for rental any feature film product that has not been made or produced at the time of offering, and the exhibitor shall have an opportunity to see screened, all feature product before contracting for it, and no exhibitor shall be required to contract for and/or purchase, any feature pictures as a condition for the opportunity to purchase any other feature pictures. ADDITIOXAL EXCEPTIOX: Compulsory block booking is hereby declared to be an unfair method of competition, and no exhibitor shall be required to contract for and/or lease any feature pictures as a condition for the opportunity to purchase a substantial portion of the remaining feature pictures produced or distributed by such producer or distributor during a stated period of time. 15. Substitutions. Exception, no counter proposal. 18. Non-theatrical Competition Exception, no counter proposal. 19. Pictures Violating Production Code Exception, no counter proposal. 20. Advertising Code Exception, no counter proposal. 24. Forcing Shorts with Features Exception ; counter proposal to omit Section 2. 25 Special Productions Exception, no counter proposal. 27. Double Features EXCEPTION: Exhibiting two or more feature photoplays for one admission price is an uneconomic and unfair competitive practice. Because of peculiarly local conditions, however, such practice shall not be deemed to be an unfair trade practice, in such cities, towns and communities where sevent-five percent (75%) of exhibitors approve thereof. EXCEPTIOX: Exhibiting two or more feature photoplays for one admission price shall be an unfair competitive practice in those cities, towns or communities where seventy-five percent (75%) of the exhibitors so declare; EXCEPTION: * * * ; provided, that this shall not apply to situations where more than one picture is shown in a single enclosure for a single admission, but in different auditoriums. 29. Interference with Negotiations Exception, no counter proposal. 30. Checkers EXCEPTION: The use by two or more distributors of the same box office checking service is an unfair trade practice. 31. Poster Exchanges Exception, no counter proposal. 32. Release Dates Exception, no counter proposal. 33. Transfer of Assets of Distributors Exception, no counter proposal. 34. Code to Apply to Existing Contracts Exception, no counter proposal. 36. Circuit Cooperative Booking Exception, no counter proposal. 38. Unauthorized Exhibition EXCEPTIOX: The penalties provided by the X". I. R. A. shall be exclusive for any violation of the foregoing provisions. II. EXCEPTIONS ON SUBJECTS NOT COVERED BY CODE PROVISIONS Foreign Pictures EXCEPTION: No agreement for the sale of or otherwise concerning ioreign made pictures shall be made a part of the subject matter of a contract for the sale of domestic pictures ; nor shall the purchase by an exhibitor of any foreign picture ot the payment therefor be made a condition for the sale to him by a distributor of any domestic picture. The securing of the execotiori of an application for the sale of foreign pictures that is followed by the acceptance of an application for the licensing of domestic pictures for the same season, shall be presumed to be contrary to the purpose of this article, and may be cancelled by the exhibitor by giving written notice by registered mail within ten days after the receipt by such exhibitor of notification of the acceptance of the application for the exhibition of domestic pictures. Building Restrictions EXCEPTION: Resolved that there shall be no restriction as to the erection of any theater, except that before such construction may proceed the certification of the local zoning board shall be obtained, and it shall be the duty of such local zoning board to determine the public need of such a theater, and the board shall give due weight and consideration to the rights of existing theaters within the competitive area affected; Elimination of Minimum Admission Price' EXCEPTION: No film leasing contract shall provide either a minimum or a maximum theater admission price.