The Film Daily (1939)

12 L I S r i t IV T H-n% M I3 P A 13 7 n w 44T H S N Y C I) N T ft*1" •^ DAILY Thursday, July 20, 1939 I DISCOVER EQUITY SUIT ON COURT'S CALENDAR {Continued from Page 1) Rule 8 of the Rules of Civil Procedure which reads as follows: "Immediately after 20 days have elapsed since joinder of issue in all causes, the clerk shall notify the Calendar Commission. . . No notice of trial need be served and no note of issue need be filed in any cause." On being advised that the case is already on the calendar, Paul Williams, Special Assistant U. S. Attorney General, \% was understood, started preparing a motion for a preference which in all likelihood will be returnable before Federal Judge John C. Knox on Monday or Tuesday next. This motion, which requires two days notice, is expected to be served on all attorneys for majors tomorrow. The application will be brought under Rule 20, Sub-division E, of the Rules of Civil Procedure which reads: "The following causes shall be entitled to a preference . . . causes which, in the judgment and discretion of the Calendar Judge, are entitled to a preference for exceptional and meritorious reasons." If the application is granted in the absence of any other direction in the order, the case will be placed at the bottom of the reserve calendar for a set day, according to the rules. Ramish, who filed his answer, was named defendant as a member of the board of directors of Universal Pictures Co. It is ironical to note that the answer which caused the ease to be put on the calendar states that Ramish was a director in 1936, attended only one meeting of the board at which nothing important was discussed; ceased thereafter to attend meetings; and contended that there was no reason for his being made a defendant. Motion Picture Pioneers Add Three to Exec. Com. {Continued from Page 1) luncheon meeting in the Hotel Astor's Nimrod Room yesterday. Jack Cohn, organization's house manager (prexy), presided, with Herman Robbins, Hal Hode, Harry Buckley, Joe Hornstein and William Brandt in attendance. Full committee embraces 11. Second meeting of the Pioneers will be held in September, and charter membership will remain open until that time. Next executive committee session is scheduled in two weeks. Elected to membership by the committee yesterday were: Phil Reisman, William Fox, Joseph Rothman, J. A. Hopfenberg, Charles J. Gribbon, Lou Rydell, Bert Ennis, Adolph Haas, David A. Levy, Nat Beier, Elmore D. Heins, W. N. Skirball, Henri Elman, Alan Freedman and Morris Joseph. A Better Break for Films . . . via American trade agreements (.Continued from Page 1) motion picture film rather than on entertainment film. From the standpoint of the latter, the major benefit, under the trade agreements, has been the binding of existing quotas and conditions in countries where quota legislation was in existence. o THE result in each instance has been to assure American distributors that, during the life of the trade agreements, there will be no imposition of new impediments. Indeed, in many of the countries it is probable that the binding of existing treatment has been of greater value to the American industry than some reductions in the rates of import duty. The French situation is an example in point. Binding of the existing treatment on American films precluded the application of proposed legislation which, in the opinion of competent Government observers, well might have practically excluded U. S. pix from France. o AS SUMMARIZED for THE FILM DAILY by Nathan D. Golden, chief, Motion Picture ** Division, Department of Commerce, concessions obtained in trade agreements on motion picture films to date are: 1. COLOMBIA Films, photographic plates of celluloid, sensitized, unexposed Reduced 50% Flares for X-rays Bound Printed films for cinematographs Reduced 62Vi% Films for the popularization of scientific or educational matter Reduced 84.4% 2. CUBA Sensitized films for cinematograph Bound Cinematographic films, exposed or prepared for exhibition Bound Films for cameras Reduced 6% Pref. Incr. 5% 3. BRAZIL Films, cinematographic: Developed: Up to 16 mm Bound More than 16 mm. wide Bound Unexposed : Bound 4. FINLAND Motion picture films, developed Bound 5. FRANCE Motion picture films Bound ( Present exhibition status assured for American films) 6. SWEDEN Motion picture films Bound 7. TURKEY* Exposed motion picture films Reduced 5% (*) Provisionally effective May 5, 1939. 8. CANADA Moving picture films, positive, 1 Vs in. width and over, n.o.p Reduced 25% Photographic paper and films Reduced 20% M. F. N. Treatment: Sensitized negative motion picture film Duty removed Films for aerial photography Duty removed 0 THIS summary, important in itself as a record of achievement, is doubly so as an indica■ tion of what the industry might accomplish were it to seriously campaign for State Department assistance. And, especially in these times, there is no American industry with a better claim upon the Government's good offices abroad. Says "U" Doing Biggest Gross in History in Japan (Continued from Page 1) the government has eased the ban on American film imports to supply the demand. Permits for American pictures are now coming through and negotiations are pending for the renewal of the import agreement when the last permit is issued. However, Daff said, new theater construction and alterations are at a standstill. Money for such purposes is being conserved for war purposes. In China, Daff continued, the situation is somewhat different, although business in some of China's coastal cities is good. Refugees from the interior have migrated to the Coast, bringing a great deal of money with them and they are spending it in theaters, Daff said. However, the government has ordered theaters closed in Chungking, Chengtu and Canton and several of Universal's offices have been closed because of the ban. Collapse of the national currency in China has added another burden to the distributors, Daff said, inasmuch as their revenue cannot be increased to meet the situation. Production is still active in Hongkong where about 15 pictures will be turned out this year. These pictures are limited in distribution to the Hongkong territory, Malaya and Dutch East Indies, Daff said. American pictures dominate the screens in all countries in Asia except India, Daff stated. Only about 40 p.c. of the playing time is given to American product. Pictures made in India often run for a year in one theater, whereas an American picture seldom runs longer than two weeks even though they are much superior in quality. Daff has been with Universal for 20 years, starting in Australia. His Far Eastern territory, which he has supervised for the last three years, includes Japan, Manchukuo, Korea, Formosa, China, Hongkong, Malaya, Siam, Dutch East Indies, Philippine Islands and India. He will be here for another two weeks. FINDS FOR 20TH-F0X IN SONG TITLE CASE] (Continued from Page 1) hear counsel for the film company and stated that they would file for mal opinion later. This, in effect, sustains the U. S. major on all important points raised in tb f^ase.l The decision is considered c^jf^eat importance to the American film industry on its selection of titles for pix. Hundreds of Thousands of Eng. Works Unprotected in Canada The Monte Carlo case involved the question of the right to use titles in Canada. Twentieth-Fox made a picture entitled "The Man Who Broke The Bank At Monte Carlo." Francis Day & Hunter, Ltd., owner of the song of the same title brought an action for infringement and unfair competition in Canada. The lower court decided in favor of Francis Day & Hunter, Ltd. and awarded judgment in a sum of ap proximately $1,000. An appeal was taken and the Appellate Court reversed the lower court and held: 1 — There was no conflict in Canada between a song title and a motion picture title; 2 — That although the Canadian Copyright Act states that a title of a work is protected as part of the work if the title is original and distinctive, the Appellate Court held there was no infringement of the title. 3 — The third reason for reversing the lower court given by the Appellate Court was that the song itself, "The Man Who Broke The Bank At Monte Carlo," was in the public domain in Canada because of failure to comply with the Canadian Copyright Acts in effect at the time the song was written. The decision threw into the public domain in Canada all works that were published in England prior to Jan. 1, 1924, thus hundreds of thousands of English works apparently are now unprotected in Canada. The Privy Council's action yesterday in dismissing the appeal of Francis Day & Hunter, Ltd., in effect upheld the ruling of the Appellate Court which favored the U. S. pix company. Edwin P. Kilroe, Twentieth-Fox coppright adviser, who arrived in London this week to make a survey of European sentiment with reference to the conference to be held in Brussels in 1940 to amend the Berne Convention, was present at the Privy Council hearing. Seletsky Now Manages for Rep. In New Haven Sam Seletsky, as of Monday, last, took over post of manager of Republic's New Haven exchange, it was disclosed yesterday at the home office. Appointment was made by Herman Rifkin, New England franchise holder, who has both the New Haven and Boston territories.