The Film Daily (1948)

IS^onday, September 20, 1948 DAILY wiss Aim Global Hack at Musk Fees (Continued from Page 1 ) viss Cinema Association, pay JISA a lump sum of 220,000 ancs annually, a figure computed ' the basis of seating capacities i'fllid n'.jSi^er of performances given. C lie theory that if the Swisa"T;omposers society is successful in its attempt to impose a music fee based on a percentt* age of the gross, the precedent J will be used by other societies jj to establish a pattern, the Swiss DJi Cinema Association is alerting exhibitor associations in all J. countries and requesting data to T»be used as ammunition in its j|, own fight. icit' American exhibitor organizations iliiihich have been fighting ASCAP in an-.e courts and otherwise are filling T|-it the Swiss questionnaires, sent rer by Dr. Theodore Kern, the SCA Imirmeral counsel. They are expected tk' be of material assistance. Ff The move of SUISA for the 21/2 *J»r cent gi'oss levy comes in the Wake of the action of the Swiss Fed'rti-al Court in quashing a judgment i«il the exhibitor association's favor isi-hich had been handed down by the I'slijrich Canton high court. The latter id nixed the music fees. A The Swiss Federal Court, however, nl'jld that the composers were enticed to prohibit or approve the show'«':g of films in respect to music per"j)rmed even if performing rights in ie^ie film have been acquired from iiE-stributors or producers against rtsmsideration and, in case of ap roval, to demand compensation. « Under Swiss law, SUISA rates «'iiquire the ratification of the Arbintp'^ation Committee for Exploitation ifi*^: Copyrights, a Government agency. ailjiis is similar to the practice in anada. The ammunition the SCA I if now assembling will be used in :H 5sailing the SUISA demands before t^iat body. fc< Dr. Kern, in his letter to U. S. ikkhib. associations enlisting their ssistance, writes that the SUISA air-smand is based on its claim that !ffn most countries considerations :o!'aid to composer organizations are ig'bmputed on a percentage of re 7' jipts and on the further claim that le average percentage in a number f countries regarded by the society 3 a criterion is more than 2^/^ per This is challenged by the SCA as i misleading argument and "off the 'jj,eaten track." „', "The international organiza Magazine Salesmen Trying Pass Rachet Denver — Magazine salesmen have found new uses for those cards they get from their publishers bearing the word PRESS in large letters. They are trying to use them here to talk theater personnel out of passes. J;i CHARTERED DRIVE-IN THEATER OWNERS ASSOCIATION, IC, Chorlotte; by Francis White, L. I. Theimer, >bert Jeffress. PLAZA THEATERS, INC.. Greenville, S. C; ipital stock, $60,000; C. Heyword Morgan, esident. CAROLINA THEATER CORP., Dover, Del., ipital, $25,000. Win Separate Hearing Of Illegal Pact Issue (Continued from Page 1) of the case, as well as a number of undetermined motions, to Master in Chancery Joseph F. Elward for further hearings. When completed, the Master will refer his findings to Judge Campbell. Meanwhile, attorneys for Paramount, RKO, Loew's, Columbia, 20th-Fox, UA, Universal and Warners will move to appear again before Judge Campbell for oral argument in opposition to his motion granting the separate hearing. Thomas McConnell, attorney in the Jackson Park Theater case, and other industry cases, represents Alger in the percentage suits defense. NCA Doubts Recovery Of Payments to ASCAP (Continued from Page 1) methods by which they could press for recovery. The formal judgment of the case will be filed by attorneys this week with proposed findings substantially in line with decision, Halpern said. Meanwhile, Tom Vennum, ASCAP attorney here, indicated the music society would file an appeal to the decision in Federal Court here. However, ASCAP has 90 days to appeal decision from date of formal judgment next week. In any event, Berger's attorneys plan no further steps on collection of ASCAP fees paid by exhibitors before final adjudication of the whole case by either Supreme Court or default by ASCAP to make an appeal. Lopert to Expand Theater Holdings With New Funds (Continued from Page 1) ser, counsel and veepee of the company. Additional funds will be brought into the company as soon as the deal is signed between Ilya E. Lopert, head of the company, and Robert Dowling, president of City Investing Co. Papers are on their way to Lopert, who is currently in Italy. In exchange for an investment "exceeding six figures," City Investing becomes a 25 per cent stockholder in Lopert Films. CI will also make available to the Lopert company additional funds in return for 10-year debentures which will also be issued to existing stockholders. Peyser pointed out that the new funds will provide capital for further expansion both in exhibition and distribution. Another part of the deal stipulates that Lopert Films becomes the new operator of CI's Bijou Theater on an extended lease, following the run of JAR's "Red Shoes," which opens Oct. 11. The deal, however, does not include Lopert's Avenue Playhouse or the 55th St. Playhouse in New York, or the Cinema in Detroit. Pact does include the Playhouse and Little in Washington and the Midtown in Buffalo. Lopert has a minority interest in the latter, plus a management contract. Lopert company plans to take over the Dupont in Washington. Robert Goelet, finance and real estate figure, also acquires a stock and debenture interest in the Lopert company. SG Moves New York Exchange Screen Guild Prods, has moved its exchange to new quarters in the Film Center Bldg. tion of the composers' society pursues the aim of achieving a maximum increase in royalties in individual countries where conditions appear favorable in order to subsequently gain a further increase in other countries on the ground of such percentages," writes Dr. Kern, in calling for a world-wide united front by exhibitor organizations. "Cinema organizations of all countries therefore have every interest in helping the cause of preventing an increase in any other country, seeing that such an increase in a foreign country will in the end have its effect in one's own country." Johnston Continues Russian Sales Talks SRC Sets 3 Releases In First '49 Quarter (Continued from Page 1) divisional sales meeting in the home office. Schedule includes David 0. Selznick's "Portrait of Jennie," "The Third Man," first to be produced in Europe under the agreement between Selznick and Sir Alexander Korda, and an untitled picture starring Shirley Temple. Production of the latter starts within the next two months. "Jennie" is being cut and may be released in a few key spots before January. Sales policies on "The Paradine Case," "Mr. Blanding Builds His Dream House," "Duel in the Sun" and "Intermezzo," all current releases, were set at the meeting. In attendance, in addition to Kusell, were Milton A. Kramer, board chairman; Leonard Case, treasurer; Sam Sigman, director of exchange operations; Robert M. Gillham, Eastern advertising-publicity director; J. E. Fontaine, Eastern division manager; Harry G. Krumm, Southern division manager; Sam Horowitz, Midwestern division manager; John T. Howard, Western division manager, and Joseph Marks, Canadian division manager. (Continued from Page 1) interesting conversation" with V. F. Ryazanov, Soviet Deputy Minister of Cinematography, and two assistants, on the subject of sales of U. S. films to the Soviet Union, the MPAA head said. Johnston emphasized to Ryazanov that the sale of U. S. pictures to Russia did not involve any obligation to take Soviet films for the U. S. He offered the Soviets a selected list of pictures from which they could choose what they want. FTC Orders Cessation Of Ticket Combinations Washington Bureau of THE FILM DAILY Washington — Federal Trade Commission this week-end ordered 33 ticket manufacturers and six trade associations representing them to discontinue "an unlawrful combination to fix prices and eliminate competition in the manufacture and sale of various types of tickets," including theater tickets. No estimate was possible here of what savings, if any, might result for exhibitors, although compliance with the FTC order should mean that the various competing sellers will begin to have different prices for their ducats. FTC found that the companies had agreed upon "identical and uniform prices, discounts, surcharges and extra charges," and had adopted methods to check up on one another to prevent any price-cutting among them. Standardization of size, style, color and weight and quality of paper was found, and FTC declared also it had found that various manufacturers met to discuss means of eliminating competition within the field. Prohibited are any measures pointing toward common action to fix prices or in any other way to eliminate competition. American Ticket Corp., of Chicago, was dismissed from the complaint. WEWS on ABC Tele Net Television Station WEWS, Cleveland, owned and operated by ScrippsHoward Radio, Inc., will become a full TV affiliate to ABC on Monday. REUI POSTS LARRY GENDRON, student assistant, Loew's Poli Palace, Hartford, Conn. GEORGE WRIGHT, Connecticut Theater Candy Co., New Hoven. SID HOLLAND, manager, Fairview, Cleveland. WAYNE HARTMAN, industrial sales manager. Academy Film Service, Cleveland. STANLEY MALECKI, assistant manager, Adams, Detroit. JOHN BACKALAR, chief of service, Adams, Detroit. ARTHUR MacCOLL, manager. Downtown, Detroit. DAVE MAGESON, Midwest Theaters relief manager, Detroit.