The Film Daily (1948)

: C/ '^ DAILY Tuasdiy, Septembsr 14, 19 See Nordbye Decision Cutting ASCAP Coin (CanHriiied from Page 1) by Judge Gunnar H. Nordbye Friday was under intensive study by film attorneys here and elsewhere yesterday. What specific action ASCAP would take in the wake of the Nordbye decision was undetermined. Actually, the Society was not a party to the suit instituted hy member companies. Louis Frohlich of Schwartz and Frohlich, ASCAP's outside counsel, said yesterday that he couldn't make any statement regarding future action since the ASCAP board would have to make that decision, and because he had not yet seen a copy of Judge Nordbye's findings. Ambrose L. Cram, associate of Judge Robert P. Patterson, made an observation similar to Frohlich's. Judge Patterson had been hired for the special purpose of handling the ASCAP case arising out of Judge Leibell's decision that found the Society indulging in monopolistic practices. "Judge Nordbye's decision in the light of Federal Judge Vincent Leibell's previous decision was a foregone conclusion," Milton C. Weisman, attorney who had represented ITOA in its anti-trust suit against ASCAP, declared yesterday. Weisman pointed out that he had sent a copy of Judge Vincent Leibell's decision to Judge Gunnar Nordbye when the suit of publisher members of ASCAP was brought to trial against Jensen and Berger. Berger "Very Elated" Over Decision in ASCAP Case Minneapolis — A cheerful Ben Berger, NCA prexy, said he was "very elated" over the Berger vs. ASCAP decision which he had predicted right along and which backed up his long time contention that the ASCAP license fee charge practice was an "extortion." Confident, he predicted the U. S. Supreme Court, in the event of an ASCAP appeal which he is certain will be made, would uphold the lower court's decisions of Justices Leibell and Nordbye. Personally, Berger has not paid ASCAP any fees since 1941. With the decision, which favored his four theaters and that of Mrs. Jessie Jenson giving them, and others who re UJCDDinG B6LLS Kolken-Chuck Jessika Kolken, secretary to' Morton Lane of Paramount's legal staff, has announced her engagement to Henry R. Chuck. Weddiftg will take place this Winter. Golding-Machson Joan Golding of Margaret Ettinger's East Coast office will be married to Marvin Machson, Oct. 17 at the bride's home in White Plains. British Exports Up As Imports Decline British exports to the U. S. now pay for about a third of her imports from this country, as compared with a fifth last year, Neville Blond, British trade advisor in the U. S., said. UK exports were at the rate of about $25 million a month in July, over 50 per cent greater than the 1947 monthly rate, he said. Imports from the U. S. during the first half of 1948 were trimmed to $382 million from the $602 million in the initial six months of last year. Broidy Sets AA-Mono. 1948-49 Production (Continued from Page 1) of our recent films, such as 'The Babe Ruth Story' and 'The Dude Goes West,' and pre-release engagemenits on '16 Fathoms Deep'." Three Allied Artists films already completed are King Bix)s.' "Last of the Badmen," "Strike It Rich," Jack Wrather production and "My Brother Jonathan," Associated British picture. Atmospheric scenes have been completed on Producer-Director Roy Del Ruth's "Red Light," and the film is now ready for major casting. Set for early production are King Bros.' "Gun Crazy," "Stampede," with John C. Champion and Blake Edwards producing: "Bad Boy," produced hy Paul Short under sponsorship of Variety Clubs International; and "When A Man's A Man," Harold Bell Wright novel with Julian Lesser and Frank Melford producing. Completing^ Allied Artists roster will be two untitled pictures to be produced in Canada by Leonard Fields and ■Joseph Than. Monogram schedule will consist of 33 straig-ht features and 18 westerns. Three western series comprise six filmis starring Johnny Mack Brown with Max Terhune; six starring Jimimy Wakely with "Cannonball" Taylor; and a new group of six starring Whip Wilson with Andy Clyde. fused payments, tremendous financial savings. Berger and his attorneys said ASCAP license was "illusory" as theater owners boug'ht pix before knowing what copyrighted music was in them and often did not know the titles of pix which they had contracted to exhibit. ITOA to Seek ASCAP Balm of $3 Million (Continued from Page 1) was little likelihood that ASCAP and ITOA attorneys would meet before October to formulate a common decree. Instead, he said, each side will probably submit its own decree to Judge Vincent Leibell, Sept. 29. Then they would meet in the Judge's Chambers, Oct. 6, in an effort to iron their differences. NCA Exhibs. to Oppose Proposed Theater Taxes (Continued from Page 1) Paul-Duluth) Revenue Commission. Exhibitors planned a public relations program via the screen as a method to beat amusement taxes which threaten any community in the near future. Tri-City Commission and League of Municipalities recently adopted a program approving legislation giving municipalities the right to impose a tax when and if Congress wipes out or reduces Federal taxes as well as enabling legislation permitting admission taxes in larger cities without a referendum. Ben Berger, NCA prexy, said that exhibitors refused to be singled out for such taxes. NCA plans a longsteady anti-tax fight throughout the territory. Adjusteci 4-Wall Basis For "Hamlet" in D. C. (Continued from Page 1) of the week, at prices $2.40 evenings and $1.80 for matinees in the Little and the Playhouse — with total seating in the two houses about 750. Length of run is not determined, with the success of the film at the box office to be the determining factor. It was said here that the management of the two theaters — ^they are operated by Hya Lopert and Louise Noonan Miller — had offered $100,000 for the film on an indefinite basis, huit that U-I had elected instead to take over the theaters with a guarantee of a minimuini plus a percentage of the gross over a fixed figure. Initial North Carolina Percentage Actions Filed (Continued from Page 1) RKO, UA and Universal filed individual suits naming as plaintiffs C. V. Davis, W. I. Davis and F. W. Davis, doing business as the Alva Theater Co., as we'll as Elsie B. House and the Marion Amusement Co., Inc. Theaters named in the complaint were the Mimosa and Alva in Morganton, N. C, and the Marion and Oasis in Marion, N. C. Plaintiffs seek recovery for damages resulting from the allegedly false returns reported by defendants on percentage pictures. William T. Joyner of Raleigh, N. C, is attorney for each plaintiff with Sargoy and Stein of New York of counsel. Final NSS Regionals In Atlanta and Dallas 20tli Fox Will Offer Availability Dates I (Continued from Page 1) ministrative production skill of J seph M. Schenck, Darryl F. Zanu and their associates at our studic. He added that the offer was subjej to compliance with any ai^-Mcakl court decree and ultimate l^/utii of appropriate film licensto "on picture by picture basis. "We offer not only the product," Smith declared, "but weare prepared to provide the necessary ad-publicity material and information with each picture sufficiently in advance to provide every exhibitor with the fullest opportunity to accurately plan presentation of our films." Under the policy, Smith added, exhibitors will be able to schedule their attendance at a picture's trade showing and at the same time confirm pencilled-in bookings. Definite dates for the availabilil to key city first-run accounts c pictures for the first five months i 1949 will be announced early in N^ vember, with the schedule stipulai ing the arrival date of the firi prints as well as the availability i advertising accessories. Ad-publi ity material for this group of ri leases has already ' been complet( by home office and studio publici> staffs under the direction of Charli Sehlaifer and Harry Brand, respej tively. I More TV Sending Power Would Cut Cost of Sets ti Final meetings of a series of regional sales confabs for the George Dembow Tribute Drive, which honors the National Screen Service vicepresident and sales chief, was held yesterday in Atlanta and Dallas. Drive tees off today at all NSS exchanges. j , (Continued from Page 1) Engineering Conference here. DuE, tera said that if an important pai of the burden can be shifted froi receivers to transmitters it mig be possible to bring out TV receijK, ers providing good quality receptic [( at lower cost and with less sensitij (j ity needed. His statement assumed especii ti significance as FCC Chairman Wayi Coy told of the importance to t] ||i Commission of providing service soon as practicable for 47 cities n<ll( now served, and pointed out th^ i manufacture of TV receivers is comparative terms even behind tl licensing of TV sendeirs. STORKS »ii, Seven-pound 11-ounce boy, Steph^ "' Michael, was born to Donald J. Pas^ and his wifei Dad is city salesm^ for Warners in Buffalo. This is tl Pasins' first child. Norman Barnett became a fathe for the second time Saturday wit '! the birth of Lawrence M. Barnett sf*'! Woman's Hospital. Millburg, Mass. — Dominick Tui turros, owner of the Elm Theate has a new baby girl.